176 
(2) by striking subparagraph (C) and inserting 
the following: 
‘‘(C) RECOMMENDATION TO CONGRESS TO 
EXTEND DESIGNATION.—If the Secretary deter-
mines under subparagraph (A) that a foreign 
state (or part of such foreign state) continues 
to meet the condition for designation under 
paragraph (1), the Secretary of Homeland Se-
curity shall submit a recommendation to the 
Congress to extend the period of designation for 
not more than 18 months. The Secretary shall 
set forth the justification for the extension, in-
cluding the humanitarian concerns, or how the 
extension otherwise is in the national interest. 
If, 90 days after the submission of the Sec-
retary’s recommendation, the President has not 
signed into law legislation passed by the House 
and the Senate extending the designation, the 
designation shall be terminated in accordance 
with subsection (d)(3).’’. 
(b) ADJUSTMENT OF STATUS OF ALIENS WITH TEM-
PORARY PROTECTED STATUS.—Section 244(f)(4) of the 
Immigration and Nationality Act (8 U.S.C. 1254(f)(4)) is 
amended by striking the period at the end and inserting 
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177 
‘‘but shall not be regarded as satisfying the definition of 
the term ‘admitted’ under section 101(a)(13)(A).’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act, except that the amendments made by sub-
section (a) shall not apply to extensions pursuant to sub-
section 244(b)(3)(C) of the Immigration and Nationality 
Act (8 U.S.C. 1254a(b)(3)(C)) of designations originally 
made pursuant to section 244(b)(1) of such Act (8 U.S.C. 
1254a(b)(1)) before such date. 
SEC. 609. INFORMATION ON FOREIGN CRIMES. 
Section 245(a) of the Immigration and Nationality 
Act (8 U.S.C. 1255(a)) is amended by striking ‘‘and (3)’’ 
and inserting the following ‘‘(3) the Secretary of Home-
land Security or the Attorney General has thoroughly ex-
amined the records of the alien’s countries of prior resi-
dence to determine whether the alien has committed a 
crime in any of those countries that renders the alien inad-
missible, and (4)’’. 
SEC. 610. CLARIFICATION OF STANDARDS FOR FAMILY DE-
TENTION. 
(a) IN GENERAL.—Section 235 of the William Wil-
berforce Trafficking Victims Protection Reauthorization 
Act of 2008 (8 U.S.C. 1232) is amended by adding at 
the end the following: 
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178 
‘‘(j) CONSTRUCTION.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, judicial determination, consent de-
cree, or settlement agreement, the detention of any 
alien child who is not an unaccompanied alien child 
shall be governed by sections 217, 235, 236, and 
241 of the Immigration and Nationality Act (8 
U.S.C. 1187, 1225, 1226, and 1231). There exists 
no presumption that an alien child who is not an un-
accompanied alien child should not be detained, and 
all such determinations shall be in the discretion of 
the Secretary of Homeland Security. 
‘‘(2) RELEASE OF MINORS OTHER THAN UNAC-
COMPANIED ALIENS.—In no circumstances shall an 
alien minor who is not an unaccompanied alien child 
be released by the Secretary of Homeland Security 
other than to a parent or legal guardian. 
‘‘(3) CONDITIONS OF CONFINEMENT.—The con-
ditions of confinement applicable under this sub-
section shall be in the discretion of the Secretary 
and, in no instance may specific licensing require-
ments be imposed beyond those deemed appropriate 
by the Secretary of Homeland Security.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
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179 
ment of this Act and shall apply to all actions that occur 
before, on, or after the date of the enactment of this Act. 
SEC. 611. REPORTS TO CONGRESS ON THE EXERCISE AND 
ABUSE OF PROSECUTORIAL DISCRETION. 
(a) IN GENERAL.—Not later than 180 days after the 
end of each fiscal year, the Secretary of Homeland Secu-
rity and the Attorney General shall each provide to the 
Committees on the Judiciary of the House of Representa-
tives and of the Senate a report on the following: 
(1) Aliens apprehended or arrested by State or 
local law enforcement agencies who were identified 
by the Department of Homeland Security in the pre-
vious fiscal year and for whom the Department of 
Homeland Security did not issue detainers and did 
not take into custody despite the Department of 
Homeland Security’s findings that the aliens were 
inadmissible or deportable. 
(2) Aliens who were applicants for admission in 
the previous fiscal year but not clearly and beyond 
a doubt entitled to be admitted by an immigration 
officer and who were not detained as required pursu-
ant to section 235(b)(2)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1225(b)(2)(A)). 
(3) Aliens who in the previous fiscal year were 
found by Department of Homeland Security officials 
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180 
performing duties related to the adjudication of ap-
plications for immigration benefits or the enforce-
ment of the immigration laws to be inadmissible or 
deportable who were not issued notices to appear 
pursuant to section 239 of such Act (8 U.S.C. 1229) 
or placed into removal proceedings pursuant to sec-
tion 240 (8 U.S.C. 1229a), unless the aliens were 
placed into expedited removal proceedings pursuant 
to 
section 
235(b)(1)(A)(i) 
(8 
U.S.C. 
1225(b)(1)(A)(5)) or section 238 (8 U.S.C. 1228), 
were granted voluntary departure pursuant to sec-
tion 240B, were granted relief from removal pursu-
ant to statute, were granted legal nonimmigrant or 
immigrant status pursuant to statute, or were deter-
mined not to be inadmissible or deportable. 
(4) Aliens issued notices to appear that were 
cancelled in the previous fiscal year despite the De-
partment of Homeland Security’s findings that the 
aliens were inadmissible or deportable, unless the 
aliens were granted relief from removal pursuant to 
statute, were granted voluntary departure pursuant 
to section 240B of such Act (8 U.S.C. 1229c), or 
were granted legal nonimmigrant or immigrant sta-
tus pursuant to statute. 
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