I 

113TH CONGRESS 

2D SESSION H. R. 5316 

To secure the border between the United States and Mexico. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 31, 2014 

Mr. STOCKMAN introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Homeland 

Security, Ways and Means, Armed Services, and Foreign Affairs, for a 

period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To secure the border between the United States and Mexico. 

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 ‘‘Safely Exacting Cau5 tious Useful Rules for Immigration This Year (SECU6 RITY) Act’’. 

7 SEC. 2. FINDINGS AND DECLARATION OF POLICY. 

8 (a) The Congress finds that: 


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1 (1) An estimated 11,800,000 aliens reside in 

2 the United States in contravention of Federal immi3 gration law. 

4 (2) The construction of a double-layered fence 

5 along the entire Southern Border reduces illegal im6 migration, decreases cross-border smuggling, and en7 ables the effective deployment of manpower, as dem8 onstrated by the San Diego sector where a fence was 

9 built in 2004. 

10 (3) Aliens, such as the El Salvadoran national 

11 and MS–13 gang members Kevin Fabricio Claros 

12 Cantarero and Julio Martinez, have attempted to 

13 use applications for asylum in order to reside in the 

14 United States. 

15 (4) The closing of Border Patrol stations, such 

16 as in June 2011, and failure to deploy the National 

17 Guard to assist the Border Patrol, such as during 

18 the border crisis of June 2014, impaired the ability 

19 of law enforcement to secure the border. 

20 (5) The backlog of immigration cases, in which 

21 87 percent of cases where ICE filed Notices to Ap22 pear between 2009 to 2014 are still pending in 

23 2014, could be addressed if Congress knew the num24 ber of judges needed in immigration courts. 


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1 (6) Illegal aliens, despite being ineligible, re2 ceived $4.2 billion in additional child tax credits 

3 from the United States Treasury in 2010 by apply4 ing with an individual taxpayer identification num5 ber. 

6 (7) Aliens have been applying for and receiving 

7 public benefits from Federal, State, and local gov8 ernments in substantially burdensome levels, such as 

9 $791.6 million covered by California taxpayers in 

10 2013. 

11 (b) The Congress further finds and declares that it 

12 serves a compelling government interest of the United 

13 States to— 

14 (1) establish and regularly evaluate the security 

15 at United States borders using the same metric; 

16 (2) construct a double-layered fence along the 

17 entire Southern Border of the United States; 

18 (3) provide adequate manpower for enforcement 

19 of immigration laws, sufficient judges to address the 

20 backlog in immigration courts, and the appropriate 

21 number of beds and facilities to meet immigration 

22 detention needs; 

23 (4) end the release of dangerous criminal aliens 

24 and the likelihood of foreign gang members using 


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1 refugee and asylee status to reside in the United 

2 States; and 

3 (5) remove incentives for illegal immigration 

4 provided by the availability of public benefits. 

5 SEC. 3. ACHIEVING AND MAINTAINING OPERATIONAL CON6 TROL OF THE BORDER. 

7 (a) PLAN.—Not later than 180 days of the date of 

8 enactment of this Act, the Secretary of Homeland Security 

9 shall develop and submit to the Committee on Homeland 

10 Security of the House of Representatives and the Com11 mittee on Homeland Security and Governmental Affairs 

12 of the Senate a plan to achieve and maintain operational 

13 control of the entire international land and maritime bor14 ders of the United States. The Secretary shall begin imple15 menting the plan immediately following its submission. 

16 (b) DEFINITION OF OPERATIONAL CONTROL OF THE

17 BORDER.—For purposes of this Act, the term ‘‘oper18 ational control’’ means the prevention of all unlawful en19 tries into the United States, including entries by terror20 ists, other unlawful aliens, instruments of terrorism, nar21 cotics, and other contraband. Any changes to the defini22 tion of ‘‘operational control’’ as defined in this Act must 

23 be approved by Congress. 

24 (c) REPORT AND CERTIFICATION.— 


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1 (1) Not later than one year after the date of 

2 enactment of this Act and annually thereafter, the 

3 Secretary shall submit to the Committee on Home4 land Security of the House of Representatives and 

5 the Committee on Homeland Security and Govern6 mental Affairs of the Senate a report on the 

7 progress made toward achieving and maintaining 

8 operational control of the entire international land 

9 and maritime borders of the United States. Such re10 port shall contain an analysis of the reason why, if 

11 any, operational control has not been achieved or 

12 maintained, and steps the Department will take to 

13 meet its goal of operational control. 

14 (2) Within 30 days of receiving the report, the 

15 respective committees in subsection (1) must certify 

16 whether operational control has been met. 

17 (d) FAILURE TO ACHIEVE OPERATIONAL CON18 TROL.—If the Department of Homeland Security fails to 

19 achieve or maintain operational control, then twenty-five 

20 percent of the Department’s Under Secretary for Manage21 ment’s budget will be cut and redistributed to Customs 

22 and Border Protection to go toward surveillance and inter23 diction activities. 


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1 SEC. 4. CONSTRUCTION AND COMPLETION OF REIN2 FORCED DOUBLE-LAYERED FENCING ALONG 

3 THE SOUTHERN BORDER. 

4 (a) Section 564 of division E of the Consolidated Ap5 propriations Act of 2008 (Public Law 110–161) is hereby 

6 repealed. 

7 (b) PLAN.—The Secretary of Homeland Security 

8 shall establish a plan to construct double-layered rein9 forced fencing as required under section 3 of the Secure 

10 Fence Act of 2006 (Public Law 109–367). Such plan must 

11 be submitted by the Secretary within 180 days of enact12 ment of this Act to the Committee on Homeland Security 

13 of the House of Representatives and the Committee on 

14 Homeland Security and Governmental Affairs of the Sen15 ate. The plan shall include annual deadlines to complete 

16 a proportion of the total construction of the fence, with 

17 the entirety of the fence to be completed no later than 

18 10 years from the date of the submission of the plan. 

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

20 of the enactment of this Act, and annually thereafter, the 

21 Secretary of Homeland Security shall submit a report on 

22 the progress of the fence to the Committee on Homeland 

23 Security of the House of Representatives and the Com24 mittee on Homeland Security and Governmental Affairs 

25 of the Senate. The report shall include whether planned 

26 objectives have been achieved by the Secretary’s proposed 


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1 deadline, and detailed reasons why such deadline, if any, 

2 has not been met. 

3 (d) If the Secretary of Homeland Security does not 

4 submit a plan or fencing progress reports as required by 

5 subsections (b) and (c) of this section, the budget of the 

6 Secretary of Homeland Security shall be reduced by twen7 ty-five percent and redistributed to Customs and Border 

8 Protection operations along the border where the fence has 

9 not yet been constructed. 

10 SEC. 5. USE OF NATIONAL GUARD TO SUPPORT DEPART11 MENT OF HOMELAND SECURITY BORDER 

12 CONTROL ACTIVITIES. 

13 (a) DEPLOYMENT.—In addition to the members of 

14 the National Guard deployed along the Southern Border 

15 as of the date of the enactment of this Act, the Secretary 

16 of Defense shall provide for the deployment of not less 

17 than an additional 10,000 members of the National Guard 

18 to be made available to border State Governors along the 

19 Southern Border until the date on which the Secretary 

20 of Homeland Security certifies that the Federal Govern21 ment has achieved operational control of the Southern 

22 Border as defined in section 2 of this Act. 

23 (1) ADDITIONAL DEPLOYMENTS.—The Sec24 retary of Defense may exceed the number specified 

25 in this section at the request of a Governor of a 


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1 State along the Southern Border if operational con2 trol of the Southern Border has not been achieved. 

3 (2) DEPLOYMENT AUTHORITIES.—Members of 

4 the National Guard required to be deployed under 

5 this section may be deployed under section 502(f) of 

6 title 32, United States Code, pursuant to a State 

7 border control activities plan approved under section 

8 112a of such title, as added by this section, or pur9 suant to the order of the Secretary of Defense under 

10 any other provision of law. 

11 (b) EXEMPTION FROM END STRENGTHS AND OTHER

12 LIMITATIONS.—Members of the National Guard deployed 

13 pursuant to this section shall not be included in the cal14 culation to determine compliance with— 

15 (1) limits on end strength; or 

16 (2) limits on the number of National Guard 

17 personnel that may be placed on active duty for 

18 operational support. 

19 (c) FEDERAL ASSISTANCE FOR STATE BORDER CON20 TROL ACTIVITIES PLANS.—Title 32, United States Code, 

21 is amended by adding after section 115, section 116: 

22 ‘‘§ 116. Assisting States in securing the border 

23 ‘‘(a) FUNDING ASSISTANCE.—The Secretary of De24 fense shall provide funds to the Governor of a State who 

25 submits to the Secretary a State border control activities 


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1 plan satisfying the requirements of subsection (c). Such 

2 funds shall be used for the following: 

3 ‘‘(1) The pay, allowances, clothing, subsistence, 

4 gratuities, travel, and related expenses, as author5 ized by State law, of personnel of the National 

6 Guard of that State used, while not in Federal serv7 ice, for the purpose of border control activities. 

8 ‘‘(2) The operation and maintenance of the 

9 equipment and facilities of the National Guard of 

10 that State used for the purpose of border control ac11 tivities. 

12 ‘‘(3) The procurement of services and equip13 ment, and the leasing of equipment, for the National 

14 Guard of that State used for the purpose of border 

15 control activities. However, the use of such funds for 

16 the procurement of equipment may not exceed 

17 $10,000 per item, unless approval for procurement 

18 of equipment in excess of that amount is granted in 

19 advance by the Secretary of Defense. 

20 ‘‘(b) USE OF PERSONNEL PERFORMING FULL-TIME

21 NATIONAL GUARD DUTY.— 

22 ‘‘(1) Under regulations prescribed by the Sec23 retary of Defense, personnel of the National Guard 

24 of a State may, in accordance with the State border 

25 control activities plan referred to in subsection (c), 


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1 be ordered to perform full-time National Guard duty 

2 under section 502(f) of this title for the purpose of 

3 carrying out border control activities. 

4 ‘‘(2) A member of the National Guard serving 

5 full-time National Guard duty under orders author6 ized under paragraph (1) shall participate in the 

7 training required under section 502(a) of this title 

8 in addition to the duty performed for the purpose 

9 authorized under that paragraph. The pay, allow10 ances, and other benefits of the member while par11 ticipating in the training shall be the same as those 

12 to which the member is entitled while performing 

13 duty for the purpose of carrying out border control 

14 activities. The member is not entitled to additional 

15 pay, allowances, or other benefits for participation in 

16 training required under section 502(a)(1) of this 

17 title. 

18 ‘‘(3) Appropriations available for the Depart19 ment of Defense for homeland defense may be used 

20 for paying costs associated with a member’s partici21 pation in training described in this section. Appro22 priations available for paying those costs shall be 

23 available for making the reimbursements. 

24 ‘‘(c) To ensure that the use of units and personnel 

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1 der control activities plan does not degrade the training 

2 and readiness of such units and personnel, the following 

3 requirements shall apply in determining the border control 

4 activities that units and personnel of the National Guard 

5 of a State may perform: 

6 ‘‘(1) The performance of the activities may not 

7 adversely affect the quality of that training or other8 wise interfere with the ability of a member or unit 

9 of the National Guard to perform the military func10 tions of the member or unit. 

11 ‘‘(2) National Guard personnel will not degrade 

12 their military skills as a result of performing the ac13 tivities. 

14 ‘‘(3) The performance of the activities will not 

15 result in a significant increase in the cost of train16 ing. 

17 ‘‘(4) In the case of border control activities per18 formed by a unit organized to serve as a unit, the 

19 activities will support valid unit training require20 ments. 

21 ‘‘(d) PLAN REQUIREMENTS.—A State border control 

22 activities plan shall— 

23 ‘‘(1) specify how personnel of the National 

24 Guard of that State are to be used in border control 

25 activities in support of the mission of the United 


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1 States Customs and Border Protection of the De2 partment of Homeland Security; 

3 ‘‘(2) certify that those operations are to be con4 ducted at a time when the personnel involved are not 

5 in Federal service; 

6 ‘‘(3) certify that participation by National 

7 Guard personnel in those operations is service in ad8 dition to training required under section 502 of this 

9 title; 

10 ‘‘(4) certify that any engineer-type activities (as 

11 defined by the Secretary of Defense) under the plan 

12 will be performed only by units and members of the 

13 National Guard; 

14 ‘‘(5) include a certification by the Attorney 

15 General of the State (or, in the case of a State with 

16 no position of Attorney General, a civilian official of 

17 the State equivalent to a State attorney general) 

18 that the use of the National Guard of the State for 

19 the activities proposed under the plan is authorized 

20 by, and is consistent with, State law; and 

21 ‘‘(6) certify that the Governor of the State or 

22 a civilian law enforcement official of the State des23 ignated by the Governor has determined that any ac24 tivities included in the plan that are carried out in 


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1 conjunction with Federal law enforcement agencies 

2 serve a State law enforcement purpose. 

3 ‘‘(e) EXAMINATION OF PLAN.—Before funds are pro4 vided to the Governor of a State under this section and 

5 before members of the National Guard of that State are 

6 ordered to full-time National Guard duty as authorized in 

7 subsection (b), the Secretary of Defense shall, in consulta8 tion with the Secretary of Homeland Security, examine the 

9 adequacy of the plan submitted by the Governor under 

10 subsection (c). The plan as approved by the Secretary of 

11 Defense may provide for the use of personnel and equip12 ment of the National Guard of that State to assist United 

13 States Customs and Border Protection in the transpor14 tation of aliens who have violated a Federal immigration 

15 law. 

16 ‘‘(f) ANNUAL REPORT.—The Secretary of Defense 

17 shall submit to Congress within 180 days an annual report 

18 regarding assistance provided and activities carried out 

19 under this section during the preceding fiscal year. The 

20 report shall include the following: 

21 ‘‘(1) The number of members of the National 

22 Guard deployed along the border. 

23 ‘‘(2) A description of the border control activi24 ties conducted by the National Guard along the bor25 der. 


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1 ‘‘(3) An accounting of the amount of funds pro2 vided to each State. 

3 ‘‘(4) A description of the effect on military 

4 training and readiness of using units and personnel 

5 of the National Guard to perform activities under 

6 the State border control activities plans. 

7 ‘‘(g) STATUTORY CONSTRUCTION.—Nothing in this 

8 section shall be construed as a limitation on the authority 

9 of any unit of the National Guard of a State, when such 

10 unit is not in Federal service, to perform law enforcement 

11 functions authorized to be performed by the National 

12 Guard by the laws of the State concerned. 

13 ‘‘(h) BORDER CONTROL ACTIVITIES DEFINED.—The 

14 term ‘border control activities’, with respect to the Na15 tional Guard of a State, means the use of National Guard 

16 personnel in border control activities authorized by the law 

17 of the State and requested by the Governor of the State 

18 in support of the mission of the United States Customs 

19 and Border Protection of the Department of Homeland 

20 Security, including activities as follows: 

21 ‘‘(1) Armed vehicle and foot patrols along the 

22 international border between the United States and 

23 Mexico. 

24 ‘‘(2) Interdiction of a vehicle, vessel, aircraft or 

25 other similar activity. 


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1 ‘‘(3) Search, seizure, and detention of suspects. 

2 ‘‘(4) Construction of roads, fences, and vehicle 

3 barriers. 

4 ‘‘(5) Search and rescue operations. 

5 ‘‘(6) Intelligence gathering, surveillance, and re6 connaissance. 

7 ‘‘(7) Aviation support.’’. 

8 SEC. 6. KEEPING CRIMINAL ALIENS OFF OF THE STREETS. 

9 (a) DETENTION, RELEASE, AND REMOVAL OF

10 ALIENS ORDERED REMOVED.— 

11 (1) In section 241(a)(1)(A) of the Immigration 

12 and Nationality Act, strike ‘‘Attorney General’’ and 

13 insert ‘‘Secretary of Homeland Security’’. 

14 (2) In section 241(a)(1)(B) of the Immigration 

15 and Nationality Act, strike ‘‘following:’’ and insert 

16 ‘‘following, if the alien is in the custody of the Sec17 retary on the date in question, and if the alien is not 

18 yet in the custody of the Secretary, then the removal 

19 period will start on the day the alien is taken into 

20 custody of the Secretary after the latest of the fol21 lowing:’’. 

22 (3) Strike section 241(a)(1)(C) of the Immigra23 tion and Nationality Act, and replace with: 

24 ‘‘(C) SUSPENSION OF PERIOD.—The re25 moval period shall be extended beyond a period 


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1 of 90 days and the alien may remain in deten2 tion during such extended period if: 

3 ‘‘(i) The alien fails or refuses to make 

4 timely application in good faith for travel 

5 or other documents necessary to the alien’s 

6 departure or conspires or acts to prevent 

7 the alien’s removal subject to an order of 

8 removal, or in any other way fails or re9 fuses to fully cooperate with the Secretary 

10 of Homeland Security’s efforts to carry out 

11 the removal order. 

12 ‘‘(ii) Any court, immigration judge or 

13 the Board of Immigration Appeals orders a 

14 stay of the alien’s removal. 

15 ‘‘(iii) Another agency takes custody of 

16 the alien.’’. 

17 (4) In section 241(a)(1)(2) of the Immigration 

18 and Nationality Act, strike ‘‘Attorney General’’ each 

19 time it appears and replace with ‘‘Secretary of 

20 Homeland Security’’. 

21 (5) Strike section 241(a)(3) of the Immigration 

22 and Nationality Act and replace with: 

23 ‘‘SUPERVISION AFTER 90-DAY PERIOD.—If the 

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1 graph (8) of this subsection, the alien pending re2 moval shall be subject to supervision under regula3 tions prescribed by the Secretary of Homeland Secu4 rity. The regulations shall include provisions: 

5 ‘‘(A) Requiring the alien— 

6 ‘‘(i) to appear before an immigration 

7 officer monthly for identification, and to be 

8 eligible for placement in detention again if 

9 an appearance is missed; 

10 ‘‘(ii) to give information under oath 

11 about the alien’s nationality, cir12 cumstances, habits, associations, and ac13 tivities, and other information the Sec14 retary of Homeland Security considers ap15 propriate; and 

16 ‘‘(iii) to obey reasonable restrictions 

17 on the alien’s conduct or activities that the 

18 Secretary of Homeland Security prescribes 

19 for the alien through regulations. 

20 ‘‘(B) The Secretary of Homeland Security 

21 must ensure— 

22 ‘‘(i) that the alien’s whereabouts are 

23 continually monitored electronically to pre24 vent the alien absconding; 


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1 ‘‘(ii) that local law enforcement are 

2 notified upon the alien’s settlement in a 

3 community of the alien’s arrival and 

4 known criminal history; and 

5 ‘‘(iii) that any other reasonable pre6 cautions in light of the alien’s cir7 cumstances of release are taken for the 

8 protection of the community, at the Fed9 eral Government’s expense.’’. 

10 (6) In section 241(a)(4) of the Immigration and 

11 Nationality Act, strike ‘‘Attorney General’’ each 

12 time it appears and replace with ‘‘Secretary of 

13 Homeland Security’’. 

14 (7) In section 241(a)(6) of the Immigration and 

15 Nationality Act, insert following ‘‘comply with the 

16 order of removal’’, ‘‘, in accordance with the proce17 dures in paragraph (8)’’. 

18 (8) Insert after paragraph (7): 

19 ‘‘(8) DETENTION OF ALIENS FROM COUNTRIES

20 REFUSING REPATRIATION.—The Secretary of Home21 land Security shall establish an administrative re22 view process through the rulemaking process, avail23 able only to those aliens who are not otherwise sub24 ject to mandatory detention, to determine whether 

25 and how to release those aliens who have received a 


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1 final order of removal, and have made all reasonable 

2 efforts to comply, including fully cooperating with 

3 the Secretary of Homeland Security, but the United 

4 States has been unable to return to the alien’s coun5 try of origin. 

6 ‘‘(A) The Secretary will have the authority 

7 to detain the alien for 90 days beyond the re8 moval period even if this review process is not 

9 instituted. 

10 ‘‘(B) At the end of the removal period, the 

11 Secretary shall indicate in writing if the review 

12 process should be initiated. 

13 ‘‘(C) The first hearing to determine wheth14 er the alien should be released shall be held 

15 within 90 days after the Secretary indicates the 

16 review process shall be initiated. 

17 ‘‘(D) Both the Secretary and the alien 

18 shall be able to present evidence during this re19 view process. 

20 ‘‘(E) There will be further hearings every 

21 180 days to determine whether the alien should 

22 remain in detention or, if released, be again de23 tained, until the alien is removed from the 

24 United States or otherwise leaves the country. 


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1 ‘‘(F) During the review process, the alien 

2 may continue to be detained, or, if released, 

3 shall be detained again, if evidence is presented 

4 at the first or subsequent hearing that— 

5 ‘‘(i) there is still any significant likeli6 hood the alien may be removed, 

7 ‘‘(ii) the alien has a highly contagious 

8 disease that poses a threat to public safety, 

9 ‘‘(iii) the Secretary of State says re10 lease would have adverse foreign policy 

11 consequences, 

12 ‘‘(iv) there is reason to believe based 

13 on classified information that releasing the 

14 alien would threaten the security of the 

15 United States, 

16 ‘‘(v) the release of the alien would 

17 threaten the safety of the community or 

18 any individual, 

19 ‘‘(vi) conditions of release cannot be 

20 expected to ensure the safety of the com21 munity, 

22 ‘‘(vii) the alien has committed any ag23 gravated felonies as defined in section 

24 101(a)(43)(A) of this Act, or a crime of vi25 olence as defined in 16 U.S.C. 18, or 


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1 ‘‘(viii) because of a mental condition 

2 the alien is likely to commit a crime of vio3 lence or threaten the safety of himself or 

4 any other person. 

5 ‘‘(G) The review will allow one administra6 tive appeal of the outcome of the hearing. After 

7 the alien has exhausted his administrative rem8 edies, review of the outcome will only be avail9 able through habeas corpus proceedings under 

10 the U.S. District Court for the District of Co11 lumbia. 

12 ‘‘(H) If the review determines that the 

13 alien should be released, the Secretary of 

14 Homeland Security shall provide notice to the 

15 chief law enforcement officers of the State and 

16 local jurisdiction in which the alien is released 

17 of the identity of the alien and the cir18 cumstances which under which he or she was 

19 not able to be removed or detained, and will de20 scribe what sanctions, if any, have been applied 

21 to the alien’s country, if the alien has not been 

22 removed because that country has refused to 

23 accept the alien.’’. 


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1 (b) Strike section 243(d) of the Immigration and Na2 tionality Act (8 U.S.C. 1253(d)) and replace with the fol3 lowing: 

4 ‘‘(d) SANCTIONS ON COUNTRIES WHICH DENY OR

5 DELAY ACCEPTING ALIENS.— 

6 ‘‘(1) COUNTRIES REFUSING OR UNREASONABLY

7 DELAYING REPATRIATION.—If a country for more 

8 than 60 days after receiving a request from an offi9 cial of the United States who is authorized to make 

10 such a request refuses to accept an alien who is a 

11 citizen, national, subject, or resident, that country 

12 will be considered to be refusing or unreasonably de13 laying repatriation. 

14 ‘‘(2) REPORT.— 

15 ‘‘(A) Within 90 days after the date of the 

16 enactment of this Act, the Secretary of Home17 land Security shall prepare, publish publicly to 

18 the Department of Homeland Security Website, 

19 and submit to Congress a report listing for each 

20 month the following: 

21 ‘‘(i) The number of aliens without 

22 lawful status or presence released from the 

23 custody of the Department of Homeland 

24 Security with criminal convictions or ar25 rests, including a list of the crimes for 


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1 which each alien was convicted or arrested, 

2 the reason for the release from custody, 

3 and the detention status of each alien. 

4 ‘‘(ii) The number of aliens without 

5 lawful status or presence that come from a 

6 country, which, in the previous six months, 

7 refused or unreasonably delaying repa8 triating its citizens, nationals, subjects, or 

9 residents, and will include the total number 

10 of aliens from each country that has re11 fused or delayed repatriation, the detention 

12 status of each of these aliens, and the 

13 criminal record of each of these aliens. 

14 ‘‘(B) Following the first report, the Sec15 retary shall submit subsequent reports annu16 ally. If the Secretary of Homeland Security 

17 misses the deadline for submitting one of these 

18 reports by more than 90 days, any American 

19 citizen has a cause of action in the United 

20 States District Court against the Secretary to 

21 compel the Secretary to publish the late report. 

22 ‘‘(3) VISAS.—Not later than 60 days after the 

23 first report has been submitted, and for each report 

24 thereafter, the Secretary of State may not issue a 

25 visa to any citizen, national, subject, or resident of 


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1 a country listed in the report. This subsection will 

2 apply to the country until a report pursuant to sub3 section (2) of this section is submitted to Congress 

4 or the Secretary of Homeland Security otherwise 

5 certifies that the country no longer meets the re6 quirements to be listed in the report, and the coun7 try has issued appropriate travel documents to and 

8 accepted every alien listed in a report that they have 

9 refused. If the State Department should issue a visa 

10 to a citizen, national, subject, or resident when it is 

11 not legal to do so under this section, that visa shall 

12 be null and void under law. If a State Department 

13 issues a visa when it is not legal to do so under this 

14 section, employees of the State Department shall no 

15 longer be eligible for bonuses or salary increases 

16 until it has revoked all such unlawful visas and 

17 stopped issuing such visas. 

18 ‘‘(4) TRADE.—If a country listed in the report 

19 has any favored or preferred status in a trade agree20 ment with the United States, the country will lose 

21 that status. This sanction will apply to the country 

22 until another report is submitted to Congress or the 

23 Secretary of Homeland Security otherwise certifies 

24 that the country no longer meets the requirements 

25 to be listed in the report, and the country has issued 


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1 appropriate travel documents to and accepted every 

2 alien listed in a report that they have refused. 

3 ‘‘(5) FOREIGN AID.—If a country listed in the 

4 report receives any money from the United States in 

5 foreign aid, the United States will discontinue all 

6 such aid. This sanction will apply to the country 

7 until another report is submitted to Congress or the 

8 Secretary of Homeland Security otherwise certifies 

9 that the country no longer meets the requirements 

10 to be listed in the report, and the country has issued 

11 appropriate travel documents to and accepted every 

12 alien listed in a report that they have refused.’’. 

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

14 Act is held to be invalid for any reason, the remainder 

15 of the Act shall not be affected by such holding. 

16 SEC. 7. GROUNDS OF INADMISSIBILITY AND DEPORT17 ABILITY FOR ALIEN GANG MEMBERS. 

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

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

20 1101(a)) is amended by adding at the end the following: 

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

22 ongoing group, club, organization, or association of 

23 5 or more persons that has as one of its primary 

24 purposes the commission of 1 or more of the fol25 lowing criminal offenses and the members of which 


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1 engage, or have engaged within the past 5 years, in 

2 a continuing series of such offenses, or that has been 

3 designated as a criminal gang by the Secretary of 

4 Homeland Security, in consultation with the Attor5 ney General, as meeting these criteria. The offenses 

6 described, whether in violation of Federal or State 

7 law or foreign law and regardless of whether the of8 fenses occurred before, on, or after the date of the 

9 enactment of this paragraph, are the following: 

10 ‘‘(i) A ‘felony drug offense’ (as defined in 

11 section 102 of the Controlled Substances Act 

12 (21 U.S.C. 802)). 

13 ‘‘(ii) An offense under section 274 (related 

14 to bringing in and harboring certain aliens), 

15 section 277 (relating to aiding or assisting cer16 tain aliens to enter the United States), or sec17 tion 278 (relating to importation of alien for 

18 immoral purpose). 

19 ‘‘(iii) A crime of violence (as defined in 

20 section 16 of title 18, United States Code). 

21 ‘‘(iv) A crime involving obstruction of jus22 tice, tampering with or retaliating against a 

23 witness, victim, or informant, or burglary. 

24 ‘‘(v) Any conduct punishable under sec25 tions 1028 and 1029 of title 18, United States 


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1 Code (relating to fraud and related activity in 

2 connection with identification documents or ac3 cess devices), sections 1581 through 1594 of 

4 such title (relating to peonage, slavery and traf5 ficking in persons), section 1952 of such title 

6 (relating to interstate and foreign travel or 

7 transportation in aid of racketeering enter8 prises), section 1956 of such title (relating to 

9 the laundering of monetary instruments), sec10 tion 1957 of such title (relating to engaging in 

11 monetary transactions in property derived from 

12 specified unlawful activity), or sections 2312 

13 through 2315 of such title (relating to inter14 state transportation of stolen motor vehicles or 

15 stolen property). 

16 ‘‘(vi) A conspiracy to commit an offense 

17 described in clauses (i) through (v). 

18 ‘‘(B) Notwithstanding any other provision of 

19 law (including any effective date), the term applies 

20 regardless of whether the conduct occurred before, 

21 on, or after the date of enactment of this para22 graph.’’. 

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

24 (8 U.S.C. 1182(a)(2)), is amended by adding at the end 

25 the following: 


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1 ‘‘(J) ALIENS ASSOCIATED WITH CRIMINAL

2 GANGS.—Any alien is inadmissible who a con3 sular officer, the Secretary of Homeland Secu4 rity, or the Attorney General knows or has rea5 son to believe— 

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

7 of a criminal gang (as defined in section 

8 101(a)(53)); or 

9 ‘‘(ii) to have participated in the activi10 ties of a criminal gang (as defined in sec11 tion 101(a)(53)), knowing or having reason 

12 to know that such activities will promote, 

13 further, aid, or support the illegal activity 

14 of the criminal gang.’’. 

15 (c) DEPORTABILITY.—Section 237(a)(2) of the Im16 migration and Nationality Act (8 U.S.C. 1227(a)(2)), is 

17 amended by adding at the end the following: 

18 ‘‘(G) ALIENS ASSOCIATED WITH CRIMINAL

19 GANGS.—Any alien is deportable who the Sec20 retary of Homeland Security or the Attorney 

21 General knows or has reason to believe— 

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

23 criminal gang (as defined in section 

24 101(a)(53)); or 


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1 ‘‘(ii) has participated in the activities 

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

3 or having reason to know that such activi4 ties will promote, further, aid, or support 

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

6 (d) DESIGNATION.— 

7 (1) IN GENERAL.—The Immigration and Na8 tionality Act (8 U.S.C. 1182) is amended by insert9 ing after section 219 the following: 

10 ‘‘SEC. 220. DESIGNATION OF CRIMINAL STREET GANG. 

11 ‘‘(a) DESIGNATION.—The Secretary of Homeland Se12 curity, in consultation with the Attorney General and the 

13 Secretary of State, may designate a group or association 

14 as a criminal street gang if its conduct is described in sec15 tion 101(a)(53) or if the group or association conduct 

16 poses a significant risk that threatens the security and the 

17 public safety, national security, homeland security, foreign 

18 policy, or economy of the United States. 

19 ‘‘(b) EFFECTIVE DATE.—Designations under sub20 section (a) shall remain in effect until the designation is 

21 revoked after consultation between the Secretary of Home22 land Security, the Attorney General, and the Secretary of 

23 State or is terminated in accordance with Federal law. 

24 The Secretary shall notify the Senate Judiciary Com25 mittee and the House Judiciary Committee of any revocaVerDate Mar 15 2010 23:08 Aug 20, 2014 Jkt 039200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H5316.IH H5316

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1 tion of designation at least 30 days before the revocation 

2 takes effect.’’. 

3 (2) CLERICAL AMENDMENT.—The table of con4 tents for such Act is amended by inserting after the 

5 item relating to section 219 the following: 

‘‘Sec. 220. Designation of criminal street gang.’’. 

6 (e) MANDATORY DETENTION.— 

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

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

9 1226(c)(1)(D)) is amended— 

10 (A) by inserting ‘‘or 212(a)(2)(J),’’ after 

11 ‘‘212(a)(3)(B)’’; and 

12 (B) by inserting ‘‘or 237(a)(2)(G),’’ before 

13 ‘‘237(a)(4)(B)’’. 

14 (2) ANNUAL REPORT.—Not later than 180 days 

15 after the end of each fiscal year, the Secretary of 

16 Homeland Security, after consultation with the De17 partment of Justice, shall submit a report to the 

18 Committees on the Judiciary of the House of Rep19 resentatives and of the Senate on the number of 

20 aliens detained under the amendments made by 

21 paragraph (1). 

22 (f) ASYLUM CLAIMS BASED ON GANG AFFILI23 ATION.— 

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


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

2 Act (8 U.S.C. 1251(b)(3)(B)) is amended, in the 

3 matter preceding clause (i), by inserting ‘‘who is de4 scribed in section 212(a)(2)(J)(i) or section 

5 237(a)(2)(G)(i) or who is’’ following ‘‘to an alien’’. 

6 (2) INELIGIBILITY FOR ASYLUM.—Section 

7 208(b)(2)(A) of such Act (8 U.S.C. 1158(b)(2)(A)) 

8 is amended— 

9 (A) in clause (v), by striking ‘‘or’’ at the 

10 end; 

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

12 (vii); and 

13 (C) by inserting after clause (v) the fol14 lowing: 

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

16 212(a)(2)(J)(i) or section 237(a)(2)(G)(i) 

17 (relating to participation in criminal street 

18 gangs); or’’. 

19 (g) TEMPORARY PROTECTED STATUS.—Section 244 

20 of such Act (8 U.S.C. 1254a) is amended— 

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

22 it appears and inserting ‘‘Secretary of Homeland Se23 curity’’; 

24 (2) in subparagraph (c)(2)(B), by adding at the 

25 end the following: 


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1 ‘‘(iii) the alien is, or at any time after 

2 admission has been, a member of a crimi3 nal gang (as defined in section 

4 101(a)(53)).’’; and 

5 (3) in subsection (d)— 

6 (A) by striking paragraph (3) and redesig7 nating paragraph (4) as paragraph (3); and 

8 (B) in paragraph (3), as redesignated, by 

9 adding at the end the following: ‘‘The Secretary 

10 of Homeland Security may detain an alien pro11 vided temporary protected status under this 

12 section whenever appropriate under any other 

13 provision of law.’’. 

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

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

16 of this Act. 

17 SEC. 8. ADDITIONAL JUDGES. 

18 (a) EVALUATION.—Not later than 30 days after the 

19 enactment of this Act, the Attorney General, in consulta20 tion with the Secretary of Homeland Security, shall sub21 mit to Congress a report indicating the number, if any, 

22 of additional immigration judges that are needed to proc23 ess the backlog of removal cases. 

24 (b) REPORTING.—Following the initial report, the 

25 Attorney General, in consultation with the Secretary of 


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1 Homeland Security, shall thereafter submit a report annu2 ally to the Committee on the Judiciary in the Senate and 

3 the Committee on the Judiciary in the House, indicating 

4 the number of immigration judges needed for the following 

5 fiscal year. 

6 SEC. 9. ADDITIONAL DETENTION SPACE. 

7 (a) ADDITIONAL DETENTION SPACE NEEDED TO

8 HOUSE UNLAWFUL ENTRANTS.—Not later than 30 days 

9 of enactment, the Secretary of Homeland Security shall 

10 submit to Congress a request for additional beds and de11 tention space needed to hold criminal aliens and aliens 

12 without lawful presence or lawful status. 

13 (b) REPORTING.—The Secretary of Homeland Secu14 rity shall submit to Congress annually a report indicating 

15 the number, if any, of additional detention beds and deten16 tion space needed to hold criminal aliens and aliens with17 out lawful presence or lawful status. 

18 (c) FUNDING.—Such requests are hereby authorized 

19 to be funded. 

20 SEC. 10. OFFSETS. 

21 (a) CLOSING THE ADDITIONAL CHILD TAX CREDIT

22 LOOPHOLE.— 

23 (1) IN GENERAL.—Subsection (e) of section 24 

24 of the Internal Revenue Code of 1986 is amended by 

25 striking ‘‘under this section to a taxpayer’’ and all 


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1 that follows and inserting ‘‘under this section to any 

2 taxpayer unless— 

3 ‘‘(A) such taxpayer includes the taxpayer’s 

4 valid identification number (as defined in sec5 tion 6428(h)(2)) on the return of tax for the 

6 taxable year, and 

7 ‘‘(B) with respect to any qualifying child, 

8 the taxpayer includes the name and taxpayer 

9 identification number of such qualifying child 

10 on such return of tax.’’. 

11 (2) EFFECTIVE DATE.—The amendment made 

12 by this section shall apply to the first full taxable 

13 year and all subsequent years following the date of 

14 enactment of this Act. 

15 (b) SECTION 1641 OF TITLE 8 OF THE UNITED

16 STATES CODE IS AMENDED BY ADDING.— 

17 (1) LIMITATION ON BENEFITS FOR PREVIOUSLY

18 UNLAWFUL ALIENS.— 

19 ‘‘(d) LIMITATION ON BENEFITS FOR PREVIOUSLY

20 UNLAWFUL ALIENS.—Any alien in violation of section 

21 212(a)(6) or section 212(a)(7) of the Immigration and 

22 Nationality Act who gains lawful status pursuant to an 

23 Act of Congress, or lawful status or lawful presence pursu24 ant to an order or policy directive by the Executive 


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1 Branch, is hereby not qualified for public benefits under 

2 this section.’’. 

3 (2) EFFECTIVE DATE.—This provision shall be 

4 effective upon enactment of this Act. 

5 (c) FOREIGN REMITTANCE TAX.— 

6 (1) IN GENERAL.—Section 1073 of Public Law 

7 111–203 is amended by adding: 

8 ‘‘TAXATION OF REMITTANCES.— All monetary remit9 tances sent from senders in the United States to recipients 

10 in any of the top ten remittance recipient nations shall 

11 be taxed at the rate of ten percent (10%) of the trans12 mitted amount, provided however that the transmitters 

13 shall not be required to provide to the Internal Revenue 

14 Service information with respect to each individual trans15 mission. The top ten remittance recipients are defined as 

16 those ten nations with the greatest money transfers from 

17 the United States, from reported data required in Public 

18 Law 111–203.’’. 

19 (2) EFFECTIVE DATE.—This provision shall be 

20 effective upon enactment of this Act. 


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1 SEC. 11. LIMITATION ON DEFERRED ACTION FOR CHILD2 HOOD ARRIVALS; RESTRICTIONS ON EMPLOY3 MENT AUTHORIZATION FOR ALIENS NOT IN 

4 LAWFUL STATUS. 

5 No agency or instrumentality of the Federal Govern6 ment may use Federal funding or resources— 

7 (1) to consider or adjudicate any new or pre8 viously denied application of any alien requesting 

9 consideration of deferred action for childhood arriv10 als, as authorized by Executive memorandum on Au11 gust 15, 2012; or 

12 (2) to authorize any alien to work in the United 

13 States if such alien— 

14 (A) was not lawfully admitted into the 

15 United States in compliance with the Immigra16 tion and Nationality Act (8 U.S.C. 1101 et 

17 seq.); and 

18 (B) is not in lawful status in the United 

19 States on the date of the enactment of this Act. 

Æ 


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