Title III, Subtitle A
ered by exercising reasonable care before
the alien boarded the vessel or aircraft; or
‘‘(vi) the individual claims to be a na-
tional of the United States and has a
United States passport.
‘‘(d) REQUIREMENTS
OF
PERSONS
PROVIDING
TRANSPORTATION.—
‘‘(1) REMOVAL
AT
TIME
OF
ARRIVAL.—An
owner, agent, master, commanding officer, person in
charge, purser, or consignee of a vessel or aircraft
bringing an alien (except an alien crewmember) to
the United States shall—
‘‘(A) receive an alien back on the vessel or
aircraft or another vessel or aircraft owned or
operated by the same interests if the alien is or-
dered removed under this part; and
‘‘(B) take the alien to the foreign country
to which the alien is ordered removed.
‘‘(2) ALIEN
STOWAWAYS.—An owner, agent,
master, commanding officer, charterer, or consignee
of a vessel or aircraft arriving in the United States
with an alien stowaway—
‘‘(A) shall detain the alien on board the
vessel or aircraft;
Title III, Subtitle A
‘‘(B) may not permit the stowaway to land
in the United States, except pursuant to regula-
tions of the Attorney General temporarily—
‘‘(i) for medical treatment,
‘‘(ii) for detention of the stowaway by
the Attorney General, or
‘‘(iii) for departure or removal of the
stowaway; and
‘‘(C) if ordered by an immigration officer,
shall remove the stowaway on the vessel or air-
craft or on another vessel or aircraft.
‘‘(3) REMOVAL
UPON
ORDER.—An owner,
agent, master, commanding officer, person in
charge, purser, or consignee of a vessel, aircraft, or
other transportation line shall comply with an order
of the Attorney General to take on board, guard
safely, and transport to the destination specified any
alien ordered to be removed under this Act.
‘‘(e) PAYMENT OF EXPENSES OF REMOVAL.—
‘‘(1) COSTS OF REMOVAL AT TIME OF ARRIV-
AL.—In the case of an alien who is a stowaway or
who is ordered removed either without a hearing
under section 235(a)(1) or 235(c) or pursuant to
proceedings under section 240 initiated at the time
of such alien’s arrival, the owner of the vessel or air-
Title III, Subtitle A
craft (if any) on which the alien arrived in the
United States shall pay the transportation cost of
removing the alien. If removal is on a vessel or air-
craft not owned by the owner of the vessel or air-
craft on which the alien arrived in the United
States, the Attorney General may—
‘‘(A) pay the cost from the appropriation
‘Immigration and Naturalization Service—Sala-
ries and Expenses’; and
‘‘(B) recover the amount of the cost in a
civil action from the owner, agent, or consignee
of the vessel or aircraft (if any) on which the
alien arrived in the United States.
‘‘(2) COSTS OF REMOVAL TO PORT OF REMOVAL
FOR ALIENS ADMITTED OR PERMITTED TO LAND.—
In the case of an alien who has been admitted or
permitted to land and is ordered removed, the cost
(if any) of removal of the alien to the port of re-
moval shall be at the expense of the appropriation
for the enforcement of this Act.
‘‘(3) COSTS OF REMOVAL FROM PORT OF RE-
MOVAL FOR ALIENS ADMITTED OR PERMITTED TO
LAND.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), in the case of an alien who
Title III, Subtitle A
has been admitted or permitted to land and is
ordered removed, the cost (if any) of removal of
the alien from the port of removal shall be at
the expense of the appropriation for the en-
forcement of this Act.
‘‘(B) COSTS OF REMOVAL FROM PORT OF
REMOVAL.—
‘‘(i) IN GENERAL.—In the case of an
alien described in clause (ii), the cost of re-
moval of the alien from the port of removal
may be charged to any owner of the vessel,
aircraft, or other transportation line by
which the alien came to the United States.
‘‘(ii) ALIENS
DESCRIBED.—An alien
described in this clause is an alien who—
‘‘(I) is admitted to the United
States (other than lawfully admitted
for permanent residence) and is or-
dered removed within 5 years of the
date of admission based on a ground
that existed before or at the time of
admission, or
‘‘(II) is an alien crewman per-
mitted to land temporarily under sec-
100
Title III, Subtitle A
tion 252 and is ordered removed with-
in 5 years of the date of landing.
‘‘(C) COSTS
OF
REMOVAL
OF
CERTAIN
ALIENS GRANTED VOLUNTARY DEPARTURE.—In
the case of an alien who has been granted vol-
untary departure under section 240B and who
is financially unable to depart at the alien’s own
expense and the Attorney General deems the
alien’s removal to be in the best interest of the
United States, the expense of such removal may
be paid from the appropriation for the enforce-
ment of this Act.
‘‘(f) ALIENS REQUIRING PERSONAL CARE DURING
REMOVAL.—
‘‘(1) IN GENERAL.—If the Attorney General be-
lieves that an alien being removed requires personal
care because of the alien’s mental or physical condi-
tion, the Attorney General may employ a suitable
person for that purpose who shall accompany and
care for the alien until the alien arrives at the final
destination.
‘‘(2) COSTS.—The costs of providing the service
described in paragraph (1) shall be defrayed in the
same manner as the expense of the removing the ac-
companied alien is defrayed under this section.
102
Title III, Subtitle A
‘‘(1) GENERAL ORDERS OF REMOVAL.—Judicial
review of a final order of removal (other than an
order of removal without a hearing pursuant to sec-
tion 235(b)(1)) is governed only by chapter 158 of
title 28 of the United States Code, except as pro-
vided in subsection (b) and except that the court
may not order the taking of additional evidence
under section 2347(c) of such title.
‘‘(2) LIMITATIONS
ON
REVIEW
RELATING
TO
SECTION 235(b)(1).—Notwithstanding any other pro-
vision of law, no court shall have jurisdiction to re-
view—
‘‘(A) except as provided in subsection (f),
any individual determination or to entertain any
other cause or claim arising from or relating to
the implementation or operation of an order of
removal pursuant to section 235(b)(1),
‘‘(B) a decision by the Attorney General to
invoke the provisions of such section,
‘‘(C) the application of such section to in-
dividual aliens, including the determination
made under section 235(b)(1)(B), and
‘‘(D) procedures and policies adopted by
the Attorney General to implement the provi-
sions of section 235(b)(1).
103
Title III, Subtitle A
‘‘(3) TREATMENT OF CERTAIN DECISIONS.—No
alien shall have a right to appeal from a decision of
an immigration judge which is based solely on a cer-
tification described in section 240(a)(1)(B).
‘‘(b) REQUIREMENTS FOR ORDERS OF REMOVAL.—
With respect to review of an order of removal under sub-
section (a)(1), the following requirements apply:
‘‘(1) DEADLINE.—The petition for review must
be filed not later than 30 days after the date of the
final order of removal.
‘‘(2) VENUE AND FORMS.—The petition for re-
view shall be filed with the court of appeals for the
judicial circuit in which the immigration judge com-
pleted the proceedings. The record and briefs do not
have to be printed. The court of appeals shall review
the proceeding on a typewritten record and on type-
written briefs.
‘‘(3) SERVICE.—
‘‘(A) IN GENERAL.—The respondent is the
Attorney General. The petition shall be served
on the Attorney General and on the officer or
employee of the Service in charge of the Service
district in which the initial proceedings under
section 240 were conducted.
‘‘(B) STAY OF ORDER.—
104
Title III, Subtitle A
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), service of the petition
on the officer or employee stays the re-
moval of an alien pending the court’s deci-
sion on the petition, unless the court or-
ders otherwise.
‘‘(ii) EXCEPTION.—If the alien has
been convicted of an aggravated felony, or
the alien has been ordered removed pursu-
ant to a finding that the alien is inadmis-
sible under section 212, service of the peti-
tion does not stay the removal unless the
court orders otherwise.
‘‘(4) DECISION.—Except as provided in para-
graph (5)(B)—
‘‘(A) the court of appeals shall decide the
petition only on the administrative record on
which the order of removal is based,
‘‘(B) the administrative findings of fact are
conclusive if supported by reasonable, substan-
tial, and probative evidence on the record con-
sidered as a whole, and
‘‘(C) a decision that an alien is not eligible
for admission to the United States is conclusive
unless manifestly contrary to law.
105
Title III, Subtitle A
‘‘(5) TREATMENT OF NATIONALITY CLAIMS.—
‘‘(A) COURT DETERMINATION IF NO ISSUE
OF FACT.—If the petitioner claims to be a na-
tional of the United States and the court of ap-
peals finds from the pleadings and affidavits
that no genuine issue of material fact about the
petitioner’s nationality is presented, the court
shall decide the nationality claim.
‘‘(B) TRANSFER
IF
ISSUE
OF
FACT.—If
the petitioner claims to be a national of the
United States and the court of appeals finds
that a genuine issue of material fact about the
petitioner’s nationality is presented, the court
shall transfer the proceeding to the district
court of the United States for the judicial dis-
trict in which the petitioner resides for a new
hearing on the nationality claim and a decision
on that claim as if an action had been brought
in the district court under section 2201 of title
28, United States Code.
‘‘(C) LIMITATION ON DETERMINATION.—
The petitioner may have the nationality claim
decided only as provided in this section.
‘‘(6) CONSOLIDATION
WITH
REVIEW
OF
MO-
TIONS TO REOPEN OR RECONSIDER.—When a peti-
106
Title III, Subtitle A
tioner seeks review of an order under this section,
any review sought of a motion to reopen or recon-
sider the order shall be consolidated with the review
of the order.
‘‘(7) CHALLENGE OF VALIDITY OF ORDERS.—
‘‘(A) IN
CERTAIN
CRIMINAL
PROCEED-
INGS.—If the validity of an order of removal
has not been judicially decided, a defendant in
a criminal proceeding charged with violating
section 243 may challenge the validity of the
order in the criminal proceeding only by filing
a separate motion before trial. The district
court, without a jury, shall decide the motion
before trial.
‘‘(B) CLAIMS OF UNITED STATES NATION-
ALITY WHERE NO ISSUE OF FACT.—If the de-
fendant claims in the motion to be a national
of the United States and the district court finds
that no genuine issue of material fact about the
defendant’s nationality is presented, the court
shall decide the motion only on the administra-
tive record on which the removal order is based.
The administrative findings of fact are conclu-
sive if supported by reasonable, substantial, and
107
Title III, Subtitle A
probative evidence on the record considered as
a whole.
‘‘(C) CLAIMS OF UNITED STATES NATION-
ALITY WHERE ISSUE OF FACT.—If the defend-
ant claims in the motion to be a national of the
United States and the district court finds that
a genuine issue of material fact about the de-
fendant’s nationality is presented, the court
shall hold a new hearing on the nationality
claim and decide that claim as if an action had
been brought under section 2201 of title 28,
United States Code.
‘‘(D) CONSEQUENCE OF INVALIDATION.—
If the district court rules that the removal order
is invalid, the court shall dismiss the indict-
ment. The United States Government may ap-
peal the dismissal to the court of appeals for
the appropriate circuit within 30 days. The de-
fendant may not file a petition for review under
this section during the criminal proceeding. The
defendant may have the nationality claim de-
cided only as provided in this section.
‘‘(8) CONSTRUCTION.—This subsection—
‘‘(A) does not prevent the Attorney Gen-
eral, after a final order of removal has been is-
108
Title III, Subtitle A
sued, from detaining the alien under section
241(a);
‘‘(B) does not relieve the alien from com-
plying with section 241(a)(4) and section
243(g); and
‘‘(C) except as provided in paragraph (3),
does not require the Attorney General to defer
removal of the alien.
‘‘(c) REQUIREMENTS FOR PETITION.—A petition for
review or for habeas corpus of an order of removal shall
state whether a court has upheld the validity of the order,
and, if so, shall state the name of the court, the date of
the court’s ruling, and the kind of proceeding.
‘‘(d) REVIEW OF FINAL ORDERS.—A court may re-
view a final order of removal only if—
‘‘(1) the alien has exhausted all administrative
remedies available to the alien as of right, and
‘‘(2) another court has not decided the validity
of the order, unless the reviewing court finds that
the petition presents grounds that could not have
been presented in the prior judicial proceeding or
that the remedy provided by the prior proceeding
was inadequate or ineffective to test the validity of
the order.
109
Title III, Subtitle A
‘‘(e) LIMITED REVIEW FOR NON-PERMANENT RESI-
DENTS CONVICTED OF AGGRAVATED FELONIES.—
‘‘(1) IN GENERAL.—A petition for review filed
by an alien against whom a final order of removal
has been issued under section 238 may challenge
only whether—
‘‘(A) the alien is the alien described in the
order,
‘‘(B) the alien is an alien described in sec-
tion 238(b)(2) and has been convicted after
entry into the United States of an aggravated
felony, and
‘‘(C) the alien was given the procedures de-
scribed in section 238(b)(4).
‘‘(2) LIMITED JURISDICTION.—A court review-
ing the petition has jurisdiction only to review the is-
sues described in paragraph (1).
‘‘(f) JUDICIAL REVIEW OF ORDERS UNDER SECTION
235(b)(1).—
‘‘(1) APPLICATION.—The provisions of this sub-
section apply with respect to judicial review of or-
ders of removal effected under section 235(b)(1).
‘‘(2) LIMITATIONS ON RELIEF.—Regardless of
the nature of the action or claim or of the identity
of the party or parties bringing the action, no court
110
Title III, Subtitle A
shall have jurisdiction or authority to enter declara-
tory, injunctive, or other equitable relief not specifi-
cally authorized in this subsection, or to certify a
class under Rule 23 of the Federal Rules of Civil
Procedure.
‘‘(3) LIMITATION TO HABEAS CORPUS.—Judi-
cial review of any matter, cause, claim, or individual
determination made or arising under or pertaining
to section 235(b)(1) shall only be available in habeas
corpus proceedings, and shall be limited to deter-
minations of—
‘‘(A) whether the petitioner is an alien,
‘‘(B) whether the petitioner was ordered
removed under such section, and
‘‘(C) whether the petitioner can prove by a
preponderance of the evidence that the peti-
tioner is an alien lawfully admitted for perma-
nent residence and is entitled to such further
inquiry as prescribed by the Attorney General
pursuant to section 235(b)(1)(C).
‘‘(4) DECISION.—In any case where the court
determines that the petitioner—
‘‘(A) is an alien who was not ordered re-
moved under section 235(b)(1), or
111
Title III, Subtitle A
‘‘(B) has demonstrated by a preponderance
of the evidence that the alien is a lawful perma-
nent resident,
the court may order no remedy or relief other than
to require that the petitioner be provided a hearing
in accordance with section 240, or a determination
in accordance with section 273(d). Any alien who is
provided a hearing under section 240 pursuant to
this paragraph may thereafter obtain judicial review
of any resulting final order of removal pursuant to
subsection (a)(1).
‘‘(5) SCOPE
OF
INQUIRY.—In determining
whether an alien has been ordered removed under
section 235(b)(1), the court’s inquiry shall be limited
to whether such an order in fact was issued and
whether it relates to the petitioner. There shall be
no review of whether the alien is actually inadmis-
sible or entitled to any relief from removal.
‘‘(g) LIMIT ON INJUNCTIVE RELIEF.—Regardless of
the nature of the action or claim or of the identity of the
party or parties bringing the action, no court (other than
the Supreme Court) shall have jurisdiction or authority
to enjoin or restrain the operation of the provisions of
chapter 4 of title II, as amended by the Immigration in
the National Interest Act of 1995, other than with respect
112
Title III, Subtitle A
to the application of such provisions to an individual alien
against whom proceedings under such chapter have been
initiated.’’.
(b) REPEAL
OF SECTION 106.—Section 106 (8
U.S.C. 1105a) is repealed.
SEC. 307. PENALTIES RELATING TO REMOVAL (REVISED
SECTION 243).
(a) IN GENERAL.—Section 243 (8 U.S.C. 1253) is
amended to read as follows:
‘‘PENALTIES RELATED TO REMOVAL
‘‘SEC. 243. ‘‘(a) PENALTY FOR FAILURE TO DE-
PART.—
‘‘(1) IN GENERAL.—Any alien against whom a
final order of removal is outstanding by reason of
being a member of any of the classes described in
section 237(a), who—
‘‘(A) willfully fails or refuses to depart
from the United States within a period of 90
days from the date of the final order of removal
under administrative processes, or if judicial re-
view is had, then from the date of the final
order of the court,
‘‘(B) willfully fails or refuses to make time-
ly application in good faith for travel or other
documents necessary to the alien’s departure,
113
Title III, Subtitle A
‘‘(C) connives or conspires, or takes any
other action, designed to prevent or hamper or
with the purpose of preventing or hampering
the alien’s departure pursuant to such, or
‘‘(D) willfully fails or refuses to present
himself or herself for removal at the time and
place required by the Attorney General pursu-
ant to such order,
shall be fined under title 18, United States Code, or
imprisoned not more than four years (or 10 years if
the alien is a member of any of the classes described
in paragraph (1)(E), (2), (3), or (4) of section
237(a)) or both.
‘‘(2) EXCEPTION.—It is not a violation of para-
graph (1) to take any proper steps for the purpose
of securing cancellation of or exemption from such
order of removal or for the purpose of securing the
alien’s release from incarceration or custody.
‘‘(3) SUSPENSION.—The court may for good
cause suspend the sentence of an alien under this
subsection and order the alien’s release under such
conditions as the court may prescribe. In determin-
ing whether good cause has been shown to justify re-
leasing the alien, the court shall take into account
such factors as—
114
Title III, Subtitle A
‘‘(A) the age, health, and period of deten-
tion of the alien,
‘‘(B) the effect of the alien’s release upon
the national security and public peace or safety,
‘‘(C) the likelihood of the alien’s resuming
or following a course of conduct which made or
would make the alien deportable,
‘‘(D) the character of the efforts made by
such alien himself and by representatives of the
country or countries to which the alien’s re-
moval is directed to expedite the alien’s depar-
ture from the United States,
‘‘(E) the reason for the inability of the
Government of the United States to secure
passports, other travel documents, or removal
facilities from the country or countries to which
the alien has been ordered removed, and
‘‘(F) the eligibility of the alien for discre-
tionary relief under the immigration laws.
‘‘(b) WILLFUL FAILURE TO COMPLY WITH TERMS
OF RELEASE UNDER SUPERVISION.—An alien who shall
willfully fail to comply with regulations or requirements
issued pursuant to section 241(a)(3) or knowingly give
false information in response to an inquiry under such sec-
115
Title III, Subtitle A
tion shall be fined not more than $1,000 or imprisoned
for not more than one year, or both.
‘‘(c) PENALTIES RELATING TO VESSELS AND AIR-
CRAFT.—
‘‘(1) CIVIL PENALTIES.—
‘‘(A) FAILURE
TO
CARRY
OUT
CERTAIN
ORDERS.—If the Attorney General is satisfied
that a person has violated subsection (d) or (e)
of section 241, the person shall pay to the Com-
missioner the sum of $2,000 for each violation.
‘‘(B) FAILURE TO REMOVE ALIEN STOW-
AWAYS.—If the Attorney General is satisfied
that a person has failed to remove an alien
stowaway as required under section 241(d)(2),
the person shall pay to the Commissioner the
sum of $5,000 for each alien stowaway not re-
moved.
‘‘(C) NO
COMPROMISE.—The Attorney
General may not compromise the amount of
such penalty under this paragraph.
‘‘(2) CLEARING VESSELS AND AIRCRAFT.—
‘‘(A) CLEARANCE
BEFORE
DECISION
ON
LIABILITY.—A vessel or aircraft may be grant-
ed clearance before a decision on liability is
made under paragraph (1) only if a bond ap-
116
Title III, Subtitle A
proved by the Attorney General or an amount
sufficient to pay the civil penalty is deposited
with the Commissioner.
‘‘(B) PROHIBITION ON CLEARANCE WHILE
PENALTY
UNPAID.—A vessel or aircraft may
not be granted clearance if a civil penalty im-
posed under paragraph (1) is not paid.
‘‘(d) DISCONTINUING GRANTING VISAS TO NATION-
ALS OF COUNTRY DENYING OR DELAYING ACCEPTING
ALIEN.—On being notified by the Attorney General that
the government of a foreign country denies or unreason-
ably delays accepting an alien who is a citizen, subject,
national, or resident of that country after the Attorney
General asks whether the government will accept the alien
under this section, the Secretary of State shall order con-
sular officers in that foreign country to discontinue grant-
ing immigrant visas or nonimmigrant visas, or both, to
citizens, subjects, nationals, and residents of that country
until the Attorney General notifies the Secretary that the
country has accepted the alien.’’.
117
Title III, Subtitle A
SEC. 308. REDESIGNATION AND REORGANIZATION OF
OTHER PROVISIONS; ADDITIONAL CONFORM-
ING AMENDMENTS.
(a) CONFORMING AMENDMENT TO TABLE OF CON-
TENTS; OVERVIEW OF REORGANIZED CHAPTERS.—The
table of contents is amended—
(1) by striking the item relating to section 106,
and
(2) by striking the item relating to chapter 4 of
title II and all that follows through the item relating
to section 244A and inserting the following:
‘‘CHAPTER 4—INSPECTION, APPREHENSION, EXAMINATION, EXCLUSION, AND
REMOVAL
‘‘Sec. 231. Lists of alien and citizen passengers arriving or departing; record
of resident aliens and citizens leaving permanently for foreign
country.
‘‘Sec. 232. Detention of aliens for physical and mental examination.
‘‘Sec. 233. Entry through or from foreign contiguous territory and adjacent is-
lands; landing stations.
‘‘Sec. 234. Designation of ports of entry for aliens arriving by civil aircraft.
‘‘Sec. 235. Inspection by immigration officers; expedited removal of inadmis-
sible arriving aliens; referral for hearing.
‘‘Sec. 236. Apprehension and detention of aliens not lawfully in the United
States.
‘‘Sec. 237. General classes of deportable aliens.
‘‘Sec. 238. Expedited removal of aliens convicted of committing aggravated felo-
nies.
‘‘Sec. 239. Initiation of removal proceedings.
‘‘Sec. 240. Removal proceedings.
‘‘Sec. 240A. Cancellation of removal; adjustment of status.
‘‘Sec. 240B. Voluntary departure.
‘‘Sec. 240C. Records of admission.
‘‘Sec. 241. Detention and removal of aliens ordered removed.
‘‘Sec. 242. Judicial review of orders of removal.
‘‘Sec. 243. Penalties relating to removal.
‘‘Sec. 244. Temporary protected status.
‘‘CHAPTER 5—ADJUSTMENT AND CHANGE OF STATUS’’.
(b) REORGANIZATION
OF OTHER PROVISIONS.—
Chapters 4 and 5 of title II are amended as follows:
118
Title III, Subtitle A
(1) CHAPTER
HEADING.—The heading for
chapter 4 of title II is amended to read as follows:
‘‘CHAPTER 4—INSPECTION, APPREHENSION,
EXAMINATION, EXCLUSION, AND REMOVAL’’.
(2) REDESIGNATING SECTION 232 AS SECTION
232(a).—Section 232 (8 U.S.C. 1222) is amended—
(A) by inserting ‘‘(a) DETENTION
OF
ALIENS.—’’ after ‘‘SEC. 232.’’, and
(B) by amending the section heading to
read as follows:
‘‘DETENTION OF ALIENS FOR PHYSICAL AND MENTAL
EXAMINATION’’.
(3) REDESIGNATING SECTION 234 AS SECTION
232(b).—Section 234 (8 U.S.C. 1224) is amended—
(A) by striking the heading,
(B) by striking ‘‘SEC. 234.’’ and inserting
‘‘(b) PHYSICAL AND MENTAL EXAMINATION.—
’’, and
(C) by moving such provision to the end of
section 232.
(4) REDESIGNATING SECTION 238 AS SECTION
233.—Section 238 (8 U.S.C. 1228) is redesignated
as section 233 and is moved to immediately follow
section 232.
(5) REDESIGNATE
SECTION
240
AS
SECTION
234A.—Section 240 (8 U.S.C. 1230) is redesignated
119
Title III, Subtitle A
as section 234A and is moved to immediately follow
section 233 of such Act.
(6) REDESIGNATE SECTION 242A AS SECTION
238.—Redesignate section 242A as section 238,
strike ‘‘DEPORTATION’’ in its heading and insert
‘‘REMOVAL’’, and move the section to immediately
follow section 237 (as redesignated by section
305(2)).
(7) STRIKING
SECTION
242B.—Strike section
242B (8 U.S.C. 1252b).
(8) REDESIGNATE SECTION 244A AS SECTION
244.—Strike section 244 and redesignate section
244A as section 244.
(9) CHAPTER
HEADING.—The heading for
chapter 5 of title II is amended to read as follows:
‘‘CHAPTER 5—ADJUSTMENT AND CHANGE OF STATUS’’.
(c) ADDITIONAL CONFORMING AMENDMENTS.—
(1) EXPEDITED
PROCEDURES
FOR
AGGRA-
VATED
FELONS
(FORMER
SECTION
242A).—Section
238 (which, previous to redesignation under section
304(a)(1), was section 242A) is amended—
(A) in subsection (a)(1), by striking ‘‘sec-
tion 242’’ and inserting ‘‘section 240’’;
120
Title III, Subtitle A
(B) in subsection (a)(2), by striking ‘‘sec-
tion 242(a)(2)’’ and inserting ‘‘section 236(b)’’;
and
(C) in subsection (b)(1), by striking ‘‘sec-
tion 241(a)(2)(A)(iii)’’ and inserting ‘‘section
237(a)(2)(A)(iii)’’.
(2) 
TREATMENT
OF
CERTAIN
HELPLESS
ALIENS.—
(A) 
CERTIFICATION
OF
HELPLESS
ALIENS.—Section 232, as amended by section
308(b), is further amended by adding at the
end the following new subsection:
‘‘(c) 
CERTIFICATION
OF
CERTAIN
HELPLESS
ALIENS.—If an examining medical officer determines that
an alien arriving in the United States is inadmissible, is
helpless from sickness or mental and physical disability,
or infancy, and is accompanied by another alien whose
protection or guardianship may be required, the officer
may certify such fact for purposes of applying section
212(a)(9)(B) with respect to the other alien.’’.
(B) GROUND
OF
INADMISSIBILITY
FOR
PROTECTION
AND
GUARDIANSHIP
OF
ALIENS
DENIED
ADMISSION
FOR
HEALTH
OR
IN-
FANCY.—Subparagraph 
(B) 
of 
section
121
Title III, Subtitle A
212(a)(9) (8 U.S.C. 1182(a)(9)) is amended to
read as follows:
‘‘(B) GUARDIAN REQUIRED TO ACCOMPANY
HELPLESS ALIEN.—Any alien—
‘‘(i) who is accompanying another
alien who is inadmissible and who is cer-
tified to be helpless from sickness or men-
tal or physical disability or infancy pursu-
ant to section 232(c), and
‘‘(ii) whose protection or guardianship
is determined to be required by the alien
described in clause (i),
is inadmissible.’’.
(3) CONTINGENT CONSIDERATION IN RELATION
TO REMOVAL OF ALIENS.—Section 273(a) (8 U.S.C.
1323(a)) is amended—
(A) by inserting ‘‘(1)’’ after ‘‘(a)’’, and
(B) by adding at the end the following new
paragraph:
‘‘(2) It is unlawful for an owner, agent, master, com-
manding officer, person in charge, purser, or consignee of
a vessel or aircraft who is bringing an alien (except an
alien crewmember) to the United States to take any con-
sideration to be kept or returned contingent on whether
122
Title III, Subtitle A
an alien is admitted to, or ordered removed from, the
United States.’’.
(4) CLARIFICATION.—(A) Section 238(a)(1),
which, previous to redesignation under section
304(a)(1), was section 242A(a)(1), is amended by
adding at the end the following: ‘‘Nothing in this
section shall be construed to create any substantive
or procedural right or benefit that is legally enforce-
able by any party against the United States or its
agencies or officers or any other person.’’.
(B) Section 225 of the Immigration and Na-
tionality Technical Corrections Act of 1994 (Public
Law 103–416), as amended by section 814(b), is
amended by striking ‘‘and nothing in’’ and all that
follows up to ‘‘shall’’.
(d) ADDITIONAL CONFORMING AMENDMENTS RE-
LATING TO EXCLUSION AND INADMISSIBILITY.—
(1) SECTION
212.—Section 212 (8 U.S.C.
1182(a)) is amended—
(A) in the heading, by striking ‘‘EX-
CLUDED
FROM’’ and inserting ‘‘INELIGIBLE
FOR’’;
(B) in the matter in subsection (a) before
paragraph (1), by striking all that follows ‘‘(a)’’
and inserting the following: ‘‘CLASSES
OF
123
Title III, Subtitle A
ALIENS INELIGIBLE
FOR VISAS
OR ADMIS-
SION.—Except as otherwise provided in this
Act, aliens who are inadmissible under the fol-
lowing paragraphs are ineligible to receive visas
and ineligible to be admitted to the United
States:’’;
(C) in subsection (a), by striking ‘‘is ex-
cludable’’ and inserting ‘‘is inadmissible’’ each
place it appears;
(D) in subsections (a)(5)(C), (d)(1), (k),
by striking ‘‘exclusion’’ and inserting ‘‘inadmis-
sibility’’;
(E) in subsections (b), (d)(3), (h)(1)(A)(i),
and (k), by striking ‘‘excludable’’ each place it
appears and inserting ‘‘inadmissible’’;
(F) in subsection (b)(2), by striking ‘‘and
ineligible for entry’’;
(G) in subsection (d)(7), by striking ‘‘ex-
cluded from’’ and inserting ‘‘denied’’; and
(H) in subsection (h)(1)(B), by striking
‘‘exclusion’’ and inserting ‘‘denial of admis-
sion’’.
(2) SECTION
241.—Section 241 (8 U.S.C.
1251), before redesignation to section 237 by section
305(2), is amended—
124
Title III, Subtitle A
(A) in subsection (a)(1)(H), by striking
‘‘excludable’’ and inserting ‘‘inadmissible’’;
(B) in subsection (a)(4)(C)(ii), by striking
‘‘excludability’’ and inserting ‘‘inadmissibility’’;
and
(C) in subsections (c) and (h), by striking
‘‘exclusion’’ and inserting ‘‘inadmissibility’’.
(3) OTHER GENERAL REFERENCES.—The fol-
lowing provisions are amended by striking ‘‘exclud-
ability’’ and ‘‘excludable’’ each place each appears
and inserting ‘‘inadmissibility’’ and ‘‘inadmissible’’,
respectively:
(A) 
Sections 
101(f)(3), 
213, 
234,
241(a)(1) (before redesignation by section
305(2)), 272(a), 277, 286(h)(2)(A)(v), and
286(h)(2)(A)(vi) and the last sentence of sec-
tion 208(a) (as added by section 332(a)).
(B) 
Sections 
304(c)(1)(A)(i),
304(c)(1)(A)(ii), and 601(c) of the Immigration
Act of 1990.
(C) Section 128 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993
(Public Law 102–138).
125
Title III, Subtitle A
(D) Section 1073 of the National Defense
Authorization Act for Fiscal Year 1995 (Public
Law 103–337).
(E) Section 221 of the Immigration and
Nationality Technical Corrections Act of 1994
(Public Law 103–416).
(4) RELATED TERMS.—
(A) 
Section 
101(a)(17) 
(8 
U.S.C.
1101(a)(17)) is amended by striking ‘‘or expul-
sion’’ and inserting ‘‘expulsion, or removal’’.
(B) Section 102 (8 U.S.C. 1102) is
amended by striking ‘‘exclusion or deportation’’
and inserting ‘‘removal’’.
(C) 
Section 
103(c)(2) 
(8 
U.S.C.
1103(c)(2)) is amended by striking ‘‘excluded
or deported’’ and inserting ‘‘not been admitted
or have been removed’’.
(D) Section 206 (8 U.S.C. 1156) is
amended by striking ‘‘excluded from admission
to the United States and deported’’ and insert-
ing ‘‘denied admission to the United States and
removed’’.
(E) Section 216(f) (8 U.S.C. 1186a) is
amended by striking ‘‘exclusion’’ and inserting
‘‘inadmissibility’’.
126
Title III, Subtitle A
(F) Section 217 (8 U.S.C. 1187) is amend-
ed by striking ‘‘excluded from admission’’ and
inserting ‘‘denied admission at the time of ar-
rival’’ each place it appears.
(G) Section 221(f) (8 U.S.C. 1201) is
amended by striking ‘‘exclude’’ and inserting
‘‘deny admission to’’.
(H) Section 232(a) (8 U.S.C. 1222(a)), as
redesignated by subsection (b)(2), is amended
by striking ‘‘excluded by’’ and ‘‘the excluded
classes’’ inserting ‘‘inadmissible under’’ and
‘‘inadmissible classes’’.
(I)(i) Section 272 (8 U.S.C. 1322) is
amended—
(I) by striking ‘‘EXCLUSION’’ in the
heading and inserting ‘‘DENIAL OF ADMIS-
SION’’,
(II) in subsection (a), by striking ‘‘ex-
cluding condition’’ and inserting ‘‘condition
causing inadmissibility’’, and
(III) in subsection (c), by striking
‘‘excluding’’.
(ii) The item in the table of contents relat-
ing to such section is amended by striking ‘‘ex-
clusion’’ and inserting ‘‘denial of admission’’.
127
Title III, Subtitle A
(J) Section 276(a) (8 U.S.C. 1326) is
amended—
(i) in paragraph (1), by striking ‘‘de-
ported or excluded and deported’’ and in-
serting ‘‘denied admission or removed’’,
and
(ii) in paragraph (2)(B), by striking
‘‘excluded and deported’’ and inserting
‘‘denied admission and removed’’.
(K) Section 286(h)(1)(A)(vi) (8 U.S.C.
1356(h)(1)(A)(vi)) is amended by striking ‘‘ex-
clusion’’ each place it appears and inserting
‘‘removal’’.
(L) Section 287 (8 U.S.C. 1357) is amend-
ed—
(i) in subsection (a), by striking ‘‘or
expulsion’’ each place it appears and in-
serting ‘‘expulsion, or removal’’, and
(ii) in subsection (c), by striking ‘‘ex-
clusion from’’ and inserting ‘‘denial of ad-
mission to’’.
(M) Section 290(a) (8 U.S.C. 1360(a)) is
amended by striking ‘‘excluded therefrom’’ each
place it appears and inserting ‘‘denied admis-
sion thereto’’.
128
Title III, Subtitle A
(N) Section 291 (8 U.S.C. 1361) is
amended by striking ‘‘subject to exclusion’’ and
inserting ‘‘inadmissible’’ each place it appears.
(O) Section 292 (8 U.S.C. 1362) is
amended by striking ‘‘exclusion or deportation’’
each place it appears and inserting ‘‘removal’’.
(P) Section 360 (8 U.S.C. 1503) is amend-
ed—
(i) in subsection (a), by striking ‘‘ex-
clusion’’ each place it appears and insert-
ing ‘‘removal’’; and
(ii) in subsection (c), by striking ‘‘ex-
cluded from’’ and inserting ‘‘denied’’.
(Q) Section 301(a)(1) of the Immigration
Act of 1990 is amended by striking ‘‘exclusion’’
and inserting ‘‘inadmissibility’’.
(R) Section 401(c) of the Refugee Act of
1980 is amended by striking ‘‘deportation or
exclusion’’ and inserting ‘‘removal’’.
(S) Section 501(e)(2) of the Refugee Edu-
cation Assistance Act of 1980 (Public Law 96–
422) is amended by striking ‘‘exclusion or de-
portation’’ each place it appears and inserting
‘‘removal’’.
129
Title III, Subtitle A
(e) REVISION OF TERMINOLOGY RELATING TO DE-
PORTATION.—
(1) Each of the following sections (unless other-
wise designated) is amended by striking ‘‘deporta-
tion’’ each place it appears and inserting ‘‘removal’’:
(A) Subparagraphs (A)(iii)(II), (A)(iv)(II),
and (B)(iii)(II) of section 204(a)(1) (8 U.S.C.
1154(a)(1)).
(B) 
Section 
212(d)(1) 
(8 
U.S.C.
1182(d)(1)).
(C) 
Section 
212(d)(11) 
(8 
U.S.C.
1182(d)(11)).
(D) 
Section 
214(j)(4)(C) 
(8 
U.S.C.
1184(j)(4)(C)).
(E) 
Section 
217(b)(2) 
(8 
U.S.C.
1187(b)(2)).
(F) Section 241(a)(1)(H) (before redesig-
nation to section 237 by section 305(2)) (8
U.S.C. 1251(a)(1)(H)).
(G) Section 242A (before redesignation to
section 238 by subsection (b)(6)) (8 U.S.C.
1252a).
(H) Subsections (a)(3) and (b)(5)(B) of
section 244A (before redesignation to section
244 by subsection (b)(8)) (8 U.S.C. 1254a).
130
Title III, Subtitle A
(I) Section 246(a) (8 U.S.C. 1256(a)).
(J) Section 254 (8 U.S.C. 1284).
(K) 
Section 
263(a)(4) 
(8 
U.S.C.
1303(a)(4)).
(L) Section 276(b) (8 U.S.C. 1326(b)).
(M) Section 280(b) (8 U.S.C. 1330(b)).
(N) Section 286(h)(2)(A)(v) (8 U.S.C.
1356(h)(2)(A)(v)).
(O) Section 291 (8 U.S.C. 1361).
(P) Section 318 (8 U.S.C. 1429).
(Q) Section 130005(a) of the Violent
Crime Control and Law Enforcement Act of
1994 (Public Law 103–322).
(2) Each of the following sections (unless other-
wise designated) is amended by striking ‘‘deported’’
and inserting ‘‘removed’’:
(A) 
Section 
212(d)(7) 
(8 
U.S.C.
1182(d)(7)).
(B) Section 214(d) (8 U.S.C. 1184(d)).
(C) Section 242A(d)(2)(D)(iv) (before re-
designation to section 238 by subsection (b)(6))
(8 U.S.C. 1252a(d)(2)(D)(iv)).
(D) Section 241(a) (before redesignation
to section 237 by section 305(2)) (8 U.S.C.
1251(a)).
131
Title III, Subtitle A
(E) Section 252(b) (8 U.S.C. 1282(b)).
(F) Section 254 (8 U.S.C. 1284).
(G) Subsections (b) and (c) of section 266
(8 U.S.C. 1306).
(H) Section 301(a)(1) of the Immigration
Act of 1990.
(3) Section 101(g) (8 U.S.C. 1101(g)) is
amended by inserting ‘‘or removed’’ after ‘‘deported’’
each place it appears.
(4) Section 103(c)(2) (8 U.S.C. 1103(c)(2)) is
amended by striking ‘‘suspension of deportation’’
and inserting ‘‘cancellation of removal’’.
(5) 
Section 
201(b)(1)(D) 
(8 
U.S.C.
1151(b)(1)(D)) is amended by striking ‘‘deportation
is suspended’’ and inserting ‘‘removal is cancelled’’.
(6) 
Section 
212(l)(2)(B) 
(8 
U.S.C.
1182(l)(2)(B)) is amended by striking ‘‘deportation
against’’ and inserting ‘‘removal of’’.
(7) Subsections (b)(2), (c)(2)(B), (c)(3)(D),
(c)(4), and (d)(2)(C) of section 216 (8 U.S.C.
1186a) are each amended by striking ‘‘DEPORTA-
TION’’, ‘‘deport’’, and ‘‘deported’’ and inserting ‘‘RE-
MOVAL’’, ‘‘remove’’, and ‘‘removed’’, respectively.
(8) Subsections (b)(2), (c)(2)(B), (c)(3)(D),
and (d)(2)(C) of section 216A (8 U.S.C. 1186b) are
132
Title III, Subtitle A
each amended by striking ‘‘DEPORTATION’’, ‘‘de-
port’’, and ‘‘deported’’ and inserting ‘‘REMOVAL’’,
‘‘remove’’, and ‘‘removed’’, respectively.
(9) Section 242A (8 U.S.C. 1252a), before re-
designation to section 238 by subsection (b)(6), is
amended, in the headings to various subdivisions, by
striking ‘‘DEPORTATION’’ and ‘‘DEPORTATION’’ and
inserting ‘‘REMOVAL’’ and ‘‘REMOVAL’’, respectively.
(10) 
Section 
244A(a)(1)(A) 
(8 
U.S.C.
1254a(a)(1)(A)), before redesignation to section 244
by subsection (b)(8), is amended—
(A) in subsection (a)(1)(A), by striking
‘‘deport’’ and inserting ‘‘remove’’, and
(B) in subsection (e), by striking ‘‘SUS-
PENSION
OF
DEPORTATION’’ and inserting
‘‘CANCELLATION OF REMOVAL’’.
(11) Section 254 (8 U.S.C. 1284) is amended
by striking ‘‘deport’’ each place it appears and in-
serting ‘‘remove’’.
(12) Section 273(d) (8 U.S.C. 1323(d)) is re-
pealed.
(13)(A) Section 276 (8 U.S.C. 1326) is amend-
ed by striking ‘‘DEPORTED’’ and inserting ‘‘RE-
MOVED’’.
133
Title III, Subtitle A
(B) The item in the table of contents relating
to such section is amended by striking ‘‘deported’’
and inserting ‘‘removed’’.
(14) Section 318 (8 U.S.C. 1429) is amended
by striking ‘‘suspending’’ and inserting ‘‘canceling’’.
(15) Section 301(a) of the Immigration Act of
1990 is amended by striking ‘‘DEPORTATION’’ and
inserting ‘‘REMOVAL’’.
(f) REVISION OF REFERENCES TO ENTRY.—
(1) The following provisions are amended by
striking ‘‘entry’’ and inserting ‘‘admission’’ each
place it appears:
(A) Section 101(a)(15)(K) (8 U.S.C.
1101(a)(15)(K)).
(B) 
Section 
101(a)(30) 
(8 
U.S.C.
1101(a)(30)).
(C) 
Section 
212(a)(2)(D) 
(8 
U.S.C.
1182(a)(2)(D)).
(D) Section 212(a)(6)(C)(i) (8 U.S.C.
1182(a)(6)(C)(i)).
(E) Section 212(h)(1)(A)(i) (8 U.S.C.
1182(h)(1)(A)(i)).
(F) 
Section 
212(i)(2) 
(8 
U.S.C.
1182(i)(2)).
134
Title III, Subtitle A
(G) 
Section 
212(j)(1)(D) 
(8 
U.S.C.
1182(j)(1)(D)).
(H) 
Section 
214(c)(2)(A) 
(8 
U.S.C.
1184(c)(2)(A)).
(I) Section 214(d) (8 U.S.C. 1184(d)).
(J) Section 216(b)(1)(A)(i) (8 U.S.C.
1186a(b)(1)(A)(i)).
(K) Section 216(d)(1)(A)(i)(III) (8 U.S.C.
1186a(d)(1)(A)(i)(III)).
(L) Section 240(b) (8 U.S.C. 1230(b)).
(M) 
Section 
241(a)(1)(G) 
(8 
U.S.C.
1251(a)(1)(G)).
(N) 
Section 
241(a)(1)(H) 
(8 
U.S.C.
1251(a)(1)(H)), other than the last time it ap-
pears.
(O) Paragraphs (2) and (4) of section
241(a) (8 U.S.C. 1251(a)).
(P) 
Section 
245(e)(3) 
(8 
U.S.C.
1255(e)(3)).
(Q) Section 247(a) (8 U.S.C. 1257(a)).
(R) Section 601(c)(2) of the Immigration
Act of 1990.
(2) The following provisions are amended by
striking ‘‘enter’’ and inserting ‘‘be admitted’’:
(A) Section 204(e) (8 U.S.C. 1154(e)).
135
Title III, Subtitle A
(B) Section 221(h) (8 U.S.C. 1201(h)).
(C) 
Section 
245(e)(2) 
(8 
U.S.C.
1255(e)(2)).
(3) The following provisions are amended by
striking ‘‘enters’’ and inserting ‘‘is admitted to’’:
(A) Section 212(j)(1)(D)(ii) (8 U.S.C.
1154(e)).
(B) 
Section 
214(c)(5)(B) 
(8 
U.S.C.
1184(c)(5)(B)).
(4) Section 238(a) (8 U.S.C. 1228(a)) is
amended by striking ‘‘entry and inspection’’ and in-
serting ‘‘inspection and admission’’.
(5) 
Section 
241(a)(1)(H)(ii) 
(8 
U.S.C.
1251(a)(1)(H)(ii)) is amended by striking ‘‘at
entry’’.
(6) Section 7 of the Central Intelligence Agency
Act of 1949 (50 U.S.C. 403h) is amended by strik-
ing ‘‘that the entry’’, ‘‘given entry into’’, and ‘‘enter-
ing’’ and inserting ‘‘that the admission’’, ‘‘admitted
to’’, and ‘‘admitted to’’.
(7) Section 4 of the Atomic Weapons and Spe-
cial Nuclear Materials Rewards Act (50 U.S.C. 47c)
is amended by striking ‘‘entry’’ and inserting ‘‘ad-
mission’’.
136
Title III, Subtitle A
(g) CONFORMING REFERENCES
TO REORGANIZED
SECTIONS.—
(1) REFERENCES TO SECTIONS 232, 234, 238,
239, 240, 241, 242A, AND 244A.—Any reference in law
in effect on the day before the date of the enactment
of this Act to section 232, 234, 238, 239, 240, 241,
242A, or 244A of the Immigration and Nationality
Act (or a subdivision of such section) is deemed, as
of the title III–A effective date, to refer to section
232(a), 232(b), 233, 234, 234A, 237, 238, or 244
of such Act (or the corresponding subdivision of
such section), as redesignated by this subtitle. Any
reference in law to section 241 (or a subdivision of
such section) of the Immigration and Nationality
Act in an amendment made by a subsequent subtitle
of this title is deemed a reference (as of the title
III–A effective date) to section 237 (or the cor-
responding subdivision of such section), as redesig-
nated by this subtitle.
(2) REFERENCES TO SECTION 106.—
(A) 
Sections 
242A(b)(3) 
and
242A(d)(3)(A)(ii) (before redesignation to sec-
tion 238 by subsection (b)(6)) (8 U.S.C.
1252a(b)(3), 
1252a(d)(3)(A)(ii)) 
are 
each
137
Title III, Subtitle A
amended by striking ‘‘106’’ and inserting
‘‘242’’.
(B) 
Sections 
210(e)(3)(A) 
and
245A(f)(4)(A) 
(8 
U.S.C. 
1160(e)(3)(A),
1255a(f)(4)(A)) are amended by inserting ‘‘(as
in effect before October 1, 1996)’’ after ‘‘106’’.
(C) Section 242A(d)(3)(A)(iii) (8 U.S.C.
1252a(d)(3)(A)(iii)) (before redesignation to
section 238 by subsection (b)(6)) is amended by
striking ‘‘106(a)(1)’’ and inserting ‘‘242(b)(1)’’.
(3) REFERENCES TO SECTION 236.—
(A) Sections 205 and 209(a)(1) (8 U.S.C.
1155, 1159(a)(1)) are each amended by strik-
ing ‘‘236’’ and insert ‘‘240’’.
(B) Section 4113(c) of title 18, United
States Code, is amended by striking ‘‘1226 of
title 8, United States Code’’ and inserting ‘‘sec-
tion 240 of the Immigration and Nationality
Act’’.
(4) REFERENCES TO SECTION 237.—
(A) 
Section 
209(a)(1) 
(8 
U.S.C.
1159(a)(1)) is amended by striking ‘‘237’’ and
inserting ‘‘241’’.
138
Title III, Subtitle A
(B) 
Section 
212(a)(9)(B) 
(8 
U.S.C.
1182(a)(9)(B)) is amended by striking ‘‘section
237(e)’’ and inserting ‘‘section 232(c)’’.
(C) 
Section 
212(d)(7) 
(8 
U.S.C.
1182(d)(7)) is amended by striking ‘‘237(a)’’
and inserting ‘‘241(c)’’.
(D) Section 280(a) (8 U.S.C. 1330(a)) is
amended by striking ‘‘237, 239, 243’’ and in-
serting ‘‘234, 243(c)(2)’’.
(5) REFERENCES TO SECTION 242.—
(A)(i) 
Sections 
214(d), 
242A(a)(1),
242A(d)(4), 252(b), 280(b)(2), and 287(f)(1)
(8 U.S.C. 1184(d), 1252a(a)(1), 1252a(d)(4),
1282(b), 1330(b)(2), 1357(f)(1)) are each
amended by striking ‘‘242’’ and inserting
‘‘240’’.
(ii) Section 245A(a)(1)(B) (8 U.S.C.
1255a(a)(1)(B)) is amended by inserting ‘‘(as
in effect before October 1, 1996)’’ after ‘‘242’’.
(iii) Section 4113(b) of title 18, United
States Code, is amended by striking ‘‘242’’ and
inserting ‘‘240’’.
(iv) Section 8(c) of the Foreign Agents
Registration Act of 1938 (as amended) (22
139
Title III, Subtitle A
U.S.C. 618(c)) is amended by striking ‘‘242’’
and inserting ‘‘240’’.
(v) Section 9 of the Peace Corps Act (22
U.S.C. 2508) is amended by striking ‘‘242’’ and
inserting ‘‘240’’.
(B) 
Section 
242A(a)(2) 
(8 
U.S.C.
1252a(a)(2)) is amended by striking ‘‘section
242(a)(2)’’ and inserting ‘‘section 236(c)’’.
(C) Section 130002(a) of Public Law 103–
322 is amended by striking ‘‘242(a)(3)(A)’’ and
inserting ‘‘236(d)’’.
(D) 
Section 
242A(b)(1) 
(8 
U.S.C.
1252a(b)(1)) is amended by striking ‘‘242(b)’’
and inserting ‘‘240’’.
(E) Section 242A(d)(2)(D)(ii) (8 U.S.C.
1252a(d)(2)(D)(ii)) is amended by striking
‘‘242(b)’’ and inserting ‘‘240’’.
(F) Section 4113(a) of title 18, United
States Code, is amended by striking ‘‘242(b)’’
and inserting ‘‘240B’’.
(G) Section 1821(e) of title 28, United
States Code, is amended by striking ‘‘242(b)’’
and inserting ‘‘240’’.
(H) Section 225 of the Immigration and
Nationality Technical Corrections Act of 1994
140
Title III, Subtitle A
(Public Law 103–416) is amended by striking
‘‘242(i)’’ and inserting ‘‘239(d)’’.
(I) Section 130007(a) of Public Law 103–
322 is amended by striking ‘‘242(i)’’ and in-
serting ‘‘239(d)’’.
(J) Section 20301(c) of Public Law 103–
322 is amended by striking ‘‘242(j)(5)’’ and
‘‘242(j)’’ 
and 
inserting 
‘‘241(h)(5)’’ 
and
‘‘241(h)’’, respectively.
(6) REFERENCES TO SECTION 242B.—
(A) Section 303(d)(2) of the Immigration
Act of 1990 is amended by striking ‘‘242B’’
and inserting ‘‘240(b)(5)’’.
(B) Section 545(g)(1)(B) of the Immigra-
tion Act of 1990 is amended by striking
‘‘242B(a)(4)’’ and inserting ‘‘239(a)(4)’’.
(7) REFERENCES TO SECTION 243.—
(A)(i) Section 214(d) (8 U.S.C. 1184(d))
is amended by striking ‘‘243’’ and inserting
‘‘241’’.
(ii) Section 8(c) of the Foreign Agents
Registration Act of 1938 (as amended) (22
U.S.C. 618(c)) is amended by striking ‘‘243’’
and inserting ‘‘241’’.
141
Title III, Subtitle A
(iii) Section 9 of the Peace Corps Act (22
U.S.C. 2508) is amended by striking ‘‘243’’ and
inserting ‘‘241’’.
(B) 
Section 
236(e)(2) 
(8 
U.S.C.
1226(e)(2)) is amended by striking ‘‘section
243(g)’’ and inserting ‘‘section 243(d)’’.
(C)(i) Section 315(c) of Public Law 99–
603 is amended by striking ‘‘243(g)’’ and in-
serting ‘‘243(d)’’.
(ii) Section 315(c) of the Immigration Re-
form and Control Act of 1986 is amended by
striking ‘‘243(g)’’ and inserting ‘‘243(d)’’.
(iii) Section 702(b) of the Departments of
Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1988
is amended by striking ‘‘243(g)’’ and inserting
‘‘243(d)’’.
(iv) Section 903(b) of Public Law 100–204
is amended by striking ‘‘243(g)’’ and inserting
‘‘243(d)’’.
(D)(i) Section 6(f)(2)(F) of the Food
Stamp Act of 1977 (7 U.S.C. 2015(f)(2)(F)) is
amended by striking ‘‘243(h)’’ and inserting
‘‘241(b)(3)’’.
142
Title III, Subtitle A
(ii) Section 214(a)(5) of the Housing and
Community Development Act of 1980 (42
U.S.C. 1436a(a)(5)) is amended by striking
‘‘243(h)’’ and inserting ‘‘241(b)(3)’’.
(E)(i) Section 244A(c)(2)(B)(ii) (8 U.S.C.
1254a(c)(2)(B)(ii)) is amended by striking
‘‘243(h)(2)’’ and inserting ‘‘241(b)(3)(B)’’.
(ii) Section 202(a)(3) of the Immigration
Reform and Control Act of 1986 is amended by
striking 
‘‘243(h)(2)’’ 
and 
inserting
‘‘241(b)(3)(B)’’.
(iii) Section 301(e)(2) of the Immigration
Act 
of 
1990 
is 
amended 
by 
striking
‘‘243(h)(2)’’ and inserting ‘‘241(b)(3)(B)’’.
(F) Section 316(f) (8 U.S.C. 1427(f)) is
amended 
by 
striking 
‘‘subparagraphs 
(A)
through (D) of paragraph 243(h)(2)’’ and in-
serting ‘‘clauses (i) through (iv) of section
241(b)(3)(B)’’.
(8) REFERENCES TO SECTION 244.—
(A)(i) Sections 201(b)(1)(D) and 244A(e)
(8 U.S.C. 1151(b)(1)(D), 1254a(e)) are each
amended by striking ‘‘244(a)’’ and inserting
‘‘240A(a)’’.
143
Title III, Subtitle A
(ii) Section 304(c)(1)(A) of the Miscellane-
ous and Technical Immigration and Naturaliza-
tion Amendments of 1991 (Public Law 102–
232) is amended by striking ‘‘244(a)’’ and in-
serting ‘‘244A(a)’’.
(B) Section 304(c)(1)(B) of the Mis-
cellaneous and Technical Immigration and Nat-
uralization Amendments of 1991 (Public Law
102–232) is amended by striking ‘‘244(a)(2)’’
and inserting ‘‘240A(a)(2)’’.
(C) Section 4113(a) of title 18, United
States Code, is amended by striking ‘‘244(e)’’
and inserting ‘‘240B(e)’’.
(D) Section 242B(e)(2)(A) (8 U.S.C.
1252b(e)(2)(A)) is amended by striking ‘‘sec-
tion 
244(e)(1)’’ 
and 
inserting 
‘‘section
240B(e)(1)’’.
(9) REFERENCES TO CHAPTER 5.—
(A) Sections 266(b), 266(c), and 291 (8
U.S.C. 1306(b), 1306(c), 1361) are each
amended by striking ‘‘chapter 5’’ and inserting
‘‘chapter 4’’.
(B) Section 6(b) of the Act of August 1,
1956 (50 U.S.C. 855(b)) is amended by strik-
ing ‘‘chapter 5, title II, of the Immigration and
144
Title III, Subtitle A
Nationality Act (66 Stat. 163)’’ and inserting
‘‘chapter 4 of title II of the Immigration and
Nationality Act’’.
(10) MISCELLANEOUS CROSS-REFERENCE COR-
RECTIONS FOR NEWLY ADDED PROVISIONS.—
(A) The last sentence of section 208(a), as
added by section 332(a), is amended by striking
‘‘241(a)(4)(B)’’ and inserting ‘‘237(a)(4)(B)’’.
(B) Section 245(c)(6), as amended by sec-
tion 
333(d), 
is 
amended 
by 
striking
‘‘241(a)(4)(B)’’ and inserting ‘‘237(a)(4)(B)’’.
(C) The last sentence of section 246(a), as
added by section 353(a), is amended by striking
‘‘deport the alien under sections 242 and
242A’’ and inserting ‘‘remove the alien under
section 240’’.
(D) Section 249(d), as amended by section
333(e), is amended by striking ‘‘241(a)(4)(B)’’
and inserting ‘‘237(a)(4)(B)’’.
(E) Section 276(b)(3), as inserted by sec-
tion 321(b), is amended by striking ‘‘excluded’’
and ‘‘excludable’’ and inserting ‘‘removed’’ and
‘‘inadmissible’’, respectively.
145
Title III, Subtitle A
(F) Section 505(c)(7), as added by section
321(a)(1), is amended by amending subpara-
graphs (B) through (D) to read as follows:
‘‘(B) Withholding of removal under section
241(b)(3).
‘‘(C) Cancellation of removal under section
240A.
‘‘(D) Voluntary departure under section
240B.’’.
(G) Section 506(b)(2)(B), as added by sec-
tion 321(a)(1), is amended by striking ‘‘depor-
tation’’ and inserting ‘‘removal’’.
(H) Section 508(c)(2)(D), as added by sec-
tion 321(a)(1), is amended by striking ‘‘exclu-
sion because such alien is excludable’’ and in-
serting ‘‘removal because such alien is inadmis-
sible’’.
SEC. 309. EFFECTIVE DATES; TRANSITION.
(a) IN GENERAL.—Except as provided in this section,
this subtitle and the amendments made by this subtitle
shall take effect on the first day of the first month begin-
ning more than 180 days after the date of the enactment
of this Act (in this title referred to as the ‘‘title III–A
effective date’’).
146
Title III, Subtitle A
(b) PROMULGATION OF REGULATIONS.—The Attor-
ney General shall first promulgate regulations to carry out
this title by not later than 1 month before the title III–
A effective date.
(c) TRANSITION FOR ALIENS IN PROCEEDINGS.—
(1) GENERAL RULE THAT NEW RULES DO NOT
APPLY.—Subject to the succeeding provisions of this
subsection, in the case of an alien who is in exclu-
sion or deportation proceedings as of the title III–
A effective date—
(A) the amendments made by this subtitle
shall not apply, and
(B) the proceedings (including judicial re-
view thereof) shall continue to be conducted
without regard to such amendments.
(2) ATTORNEY GENERAL OPTION TO ELECT TO
APPLY NEW PROCEDURES.—In a case described in
paragraph (1) in which an evidentiary hearing under
section 236 or 242 and 242B of the Immigration
and Nationality Act has not commenced as of the
title III–A effective date, the Attorney General may
elect to proceed under chapter 4 of title II of such
Act (as amended by this subtitle). The Attorney
General shall provide notice of such election to the
alien involved not later than 30 days before the date
147
Title III, Subtitle A
any evidentiary hearing is commenced. If the Attor-
ney General makes such election, the notice of hear-
ing provided to the alien under section 235 or
242(a) of such Act shall be valid as if provided
under section 239 of such Act (as amended by this
subtitle) to confer jurisdiction on the immigration
judge.
(3) ATTORNEY
GENERAL
OPTION
TO
TERMI-
NATE AND REINITIATE PROCEEDINGS.—In the case
described in paragraph (1), the Attorney General
may elect to terminate proceedings in which there
has not been a final administrative decision and to
reinitiate proceedings under chapter 4 of title II the
Immigration and Nationality Act (as amended by
this subtitle). Any determination in the terminated
proceeding shall not be binding in the reinitiated
proceeding.
(4) TRANSITIONAL CHANGES IN JUDICIAL RE-
VIEW.—In the case described in paragraph (1) in
which a final order of exclusion or deportation is en-
tered more than 30 days after the date of the enact-
ment of this Act, notwithstanding any provision of
section 106 of the Immigration and Nationality Act
(as in effect as of the date of the enactment of this
Act) to the contrary—
148
Title III, Subtitle A
(A) in the case of judicial review of a final
order of exclusion, subsection (b) of such sec-
tion shall not apply and the action for judicial
review shall be governed by the provisions of
subsections (a) and (c) of such in the same
manner as they apply to judicial review of or-
ders of deportation;
(B) a court may not order the taking of
additional evidence under section 2347(c) of
title 28, United States Code;
(C) the petition for judicial review must be
filed not later than 30 days after the date of
the final order of exclusion or deportation; and
(D) the petition for review shall be filed
with the court of appeals for the judicial circuit
in which the administrative proceedings before
the special inquiry officer or immigration judge
were completed.
(5) TRANSITIONAL
RULE
WITH
REGARD
TO
SUSPENSION OF DEPORTATION.—In applying section
244(a) of the Immigration and Nationality Act (as
in effect before the date of the enactment of this
Act) with respect to an application for suspension of
deportation which is filed before, on, or after the
date of the enactment of this Act and which has not
149
Title III, Subtitle A
been adjudicated as of 30 days after the date of the
enactment of this Act, the period of continuous
physical presence under such section shall be deemed
to have ended on the date the alien was served an
order to show cause pursuant to section 242A of
such Act (as in effect on such date of enactment).
(d) TRANSITIONAL REFERENCES.—For purposes of
carrying out the Immigration and Nationality Act, as
amended by this subtitle—
(1) any reference in section 212(a)(1)(A) of
such Act to the term ‘‘inadmissible’’ is deemed to in-
clude a reference to the term ‘‘excludable’’, and
(2) any reference in law to an order of removal
shall be deemed to include a reference to an order
of exclusion and deportation or an order of deporta-
tion.
(e) TRANSITION.—No period of time before the date
of the enactment of this Act shall be included in the period
of 1 year described in section 212(a)(6)(B)(i) of the Immi-
gration and Nationality Act (as amended by section
301(d)).
150
Title III, Subtitle B
Subtitle B—Removal of Alien
Terrorists
PART 1—REMOVAL PROCEDURES FOR ALIEN
TERRORISTS
SEC. 321. REMOVAL PROCEDURES FOR ALIEN TERRORISTS.
(a) IN GENERAL.—The Immigration and Nationality
Act is amended—
(1) by adding at the end of the table of con-
tents the following:
‘‘TITLE V—SPECIAL REMOVAL PROCEDURES FOR ALIEN
TERRORISTS
‘‘Sec. 501. Definitions.
‘‘Sec. 502. Establishment of special removal court; panel of attorneys to assist
with classified information.
‘‘Sec. 503. Application for initiation of special removal proceeding.
‘‘Sec. 504. Consideration of application.
‘‘Sec. 505. Special removal hearings.
‘‘Sec. 506. Consideration of classified information.
‘‘Sec. 507. Appeals.
‘‘Sec. 508. Detention and custody.
and
(2) by adding at the end the following new title:
‘‘TITLE V—SPECIAL REMOVAL PROCEDURES
FOR ALIEN TERRORISTS
‘‘DEFINITIONS
‘‘SEC. 501. In this title:
‘‘(1) The term ‘alien terrorist’ means an alien
described in section 241(a)(4)(B).
‘‘(2) The term ‘classified information’ has the
meaning given such term in section 1(a) of the Clas-
sified Information Procedures Act (18 U.S.C. App.).
151
Title III, Subtitle B
‘‘(3) The term ‘national security’ has the mean-
ing given such term in section 1(b) of the Classified
Information Procedures Act (18 U.S.C. App.).
‘‘(4) The term ‘special attorney’ means an at-
torney who is on the panel established under section
502(e).
‘‘(5) The term ‘special removal court’ means
the court established under section 502(a).
‘‘(6) The term ‘special removal hearing’ means
a hearing under section 505.
‘‘(7) The term ‘special removal proceeding’
means a proceeding under this title.
‘‘ESTABLISHMENT OF SPECIAL REMOVAL COURT; PANEL
OF ATTORNEYS TO ASSIST WITH CLASSIFIED INFOR-
MATION
‘‘SEC. 502. (a) IN GENERAL.—The Chief Justice of
the United States shall publicly designate 5 district court
judges from 5 of the United States judicial circuits who
shall constitute a court which shall have jurisdiction to
conduct all special removal proceedings.
‘‘(b) TERMS.—Each judge designated under sub-
section (a) shall serve for a term of 5 years and shall be
eligible for redesignation, except that the four associate
judges first so designated shall be designated for terms
of one, two, three, and four years so that the term of one
judge shall expire each year.
152
Title III, Subtitle B
‘‘(c) CHIEF JUDGE.—The Chief Justice shall publicly
designate one of the judges of the special removal court
to be the chief judge of the court. The chief judge shall
promulgate rules to facilitate the functioning of the court
and shall be responsible for assigning the consideration
of cases to the various judges.
‘‘(d) EXPEDITIOUS AND CONFIDENTIAL NATURE OF
PROCEEDINGS.—The provisions of section 103(c) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1803(c)) shall apply to proceedings under this title in the
same manner as they apply to proceedings under such Act.
‘‘(e) ESTABLISHMENT OF PANEL OF SPECIAL AT-
TORNEYS.—The special removal court shall provide for the
designation of a panel of attorneys each of whom—
‘‘(1) has a security clearance which affords the
attorney access to classified information, and
‘‘(2) has agreed to represent permanent resi-
dent aliens with respect to classified information
under section 506 in accordance with (and subject to
the penalties under) this title.
‘‘APPLICATION FOR INITIATION OF SPECIAL REMOVAL
PROCEEDING
‘‘SEC. 503. (a) IN GENERAL.—Whenever the Attor-
ney General has classified information that an alien is an
alien terrorist, the Attorney General, in the Attorney Gen-
eral’s discretion, may seek removal of the alien under this
153
Title III, Subtitle B
title through the filing of a written application described
in subsection (b) with the special removal court seeking
an order authorizing a special removal proceeding under
this title. The application shall be submitted in camera
and ex parte and shall be filed under seal with the court.
‘‘(b) CONTENTS OF APPLICATION.—Each application
for a special removal proceeding shall include all of the
following:
‘‘(1) The identity of the Department of Justice
attorney making the application.
‘‘(2) The approval of the Attorney General or
the Deputy Attorney General for the filing of the ap-
plication based upon a finding by that individual
that the application satisfies the criteria and re-
quirements of this title.
‘‘(3) The identity of the alien for whom author-
ization for the special removal proceedings is sought.
‘‘(4) A statement of the facts and cir-
cumstances relied on by the Department of Justice
to establish that—
‘‘(A) the alien is an alien terrorist and is
physically present in the United States, and
‘‘(B) with respect to such alien, adherence
to the provisions of title II regarding the re-
154
Title III, Subtitle B
moval of aliens would pose a risk to the na-
tional security of the United States.
‘‘(5) An oath or affirmation respecting each of
facts and statements described in the previous para-
graphs.
‘‘(c) RIGHT TO DISMISS.—The Department of Jus-
tice retains the right to dismiss a removal action under
this title at any stage of the proceeding.
‘‘CONSIDERATION OF APPLICATION
‘‘SEC. 504. (a) IN GENERAL.—In the case of an ap-
plication under section 503 to the special removal court,
a single judge of the court shall be assigned to consider
the application. The judge, in accordance with the rules
of the court, shall consider the application and may con-
sider other information, including classified information,
presented under oath or affirmation. The judge shall con-
sider the application (and any hearing thereof) in camera
and ex parte. A verbatim record shall be maintained of
any such hearing.
‘‘(b) APPROVAL OF ORDER.—The judge shall enter
ex parte the order requested in the application if the judge
finds, on the basis of such application and such other in-
formation (if any), that there is probable cause to believe
that—
155
Title III, Subtitle B
‘‘(1) the alien who is the subject of the applica-
tion has been correctly identified and is an alien ter-
rorist, and
‘‘(2) adherence to the provisions of title II re-
garding the removal of the identified alien would
pose a risk to the national security of the United
States.
‘‘(c) DENIAL OF ORDER.—If the judge denies the
order requested in the application, the judge shall prepare
a written statement of the judge’s reasons for the denial.
‘‘(d) EXCLUSIVE PROVISIONS.—Whenever an order is
issued under this section with respect to an alien—
‘‘(1) the alien’s rights regarding removal and
expulsion shall be governed solely by the provisions
of this title, and
‘‘(2) except as they are specifically referenced,
no other provisions of this Act shall be applicable.
‘‘SPECIAL REMOVAL HEARINGS
‘‘SEC. 505. (a) IN GENERAL.—In any case in which
the application for the order is approved under section
504, a special removal hearing shall be conducted under
this section for the purpose of determining whether the
alien to whom the order pertains should be removed from
the United States on the grounds that the alien is an alien
terrorist. Consistent with section 506, the alien shall be
given reasonable notice of the nature of the charges
156
Title III, Subtitle B
against the alien and a general account of the basis for
the charges. The alien shall be given notice, reasonable
under all the circumstances, of the time and place at which
the hearing will be held. The hearing shall be held as expe-
ditiously as possible.
‘‘(b) USE OF SAME JUDGE.—The special removal
hearing shall be held before the same judge who granted
the order pursuant to section 504 unless that judge is
deemed unavailable due to illness or disability by the chief
judge of the special removal court, or has died, in which
case the chief judge shall assign another judge to conduct
the special removal hearing. A decision by the chief judge
pursuant to the preceding sentence shall not be subject
to review by either the alien or the Department of Justice.
‘‘(c) RIGHTS IN HEARING.—
‘‘(1) PUBLIC
HEARING.—The special removal
hearing shall be open to the public.
‘‘(2) RIGHT OF COUNSEL.—The alien shall have
a right to be present at such hearing and to be rep-
resented by counsel. Any alien financially unable to
obtain counsel shall be entitled to have counsel as-
signed to represent the alien. Such counsel shall be
appointed by the judge pursuant to the plan for fur-
nishing representation for any person financially un-
able to obtain adequate representation for the dis-
157
Title III, Subtitle B
trict in which the hearing is conducted, as provided
for in section 3006A of title 18, United States Code.
All provisions of that section shall apply and, for
purposes of determining the maximum amount of
compensation, the matter shall be treated as if a fel-
ony was charged.
‘‘(3) INTRODUCTION OF EVIDENCE.—The alien
shall have a right to introduce evidence on the
alien’s own behalf.
‘‘(4) EXAMINATION OF WITNESSES.—Except as
provided in section 506, the alien shall have a rea-
sonable opportunity to examine the evidence against
the alien and to cross-examine any witness.
‘‘(5) RECORD.—A verbatim record of the pro-
ceedings and of all testimony and evidence offered or
produced at such a hearing shall be kept.
‘‘(6) DECISION BASED ON EVIDENCE AT HEAR-
ING.—The decision of the judge in the hearing shall
be based only on the evidence introduced at the
hearing, including evidence introduced under section
505(e).
‘‘(7) NO RIGHT TO ANCILLARY RELIEF.—In the
hearing, the judge is not authorized to consider or
provide for relief from removal based on any of the
following:
158
Title III, Subtitle B
‘‘(A) Asylum under section 208.
‘‘(B) Withholding of deportation under sec-
tion 243(h).
‘‘(C) Suspension of deportation under sec-
tion 244(a).
‘‘(D) Voluntary departure under section
244(e).
‘‘(E) Adjustment of status under section
245.
‘‘(F) Registry under section 249.
‘‘(d) SUBPOENAS.—
‘‘(1) REQUEST.—At any time prior to the con-
clusion of the special removal hearing, either the
alien or the Department of Justice may request the
judge to issue a subpoena for the presence of a
named witness (which subpoena may also command
the person to whom it is directed to produce books,
papers, documents, or other objects designated
therein) upon a satisfactory showing that the pres-
ence of the witness is necessary for the determina-
tion of any material matter. Such a request may be
made ex parte except that the judge shall inform the
Department of Justice of any request for a subpoena
by the alien for a witness or material if compliance
with such a subpoena would reveal evidence or the
159
Title III, Subtitle B
source of evidence which has been introduced, or
which the Department of Justice has received per-
mission to introduce, in camera and ex parte pursu-
ant to subsection (e) and section 506, and the De-
partment of Justice shall be given a reasonable op-
portunity to oppose the issuance of such a subpoena.
‘‘(2) PAYMENT FOR ATTENDANCE.—If an appli-
cation for a subpoena by the alien also makes a
showing that the alien is financially unable to pay
for the attendance of a witness so requested, the
court may order the costs incurred by the process
and the fees of the witness so subpoenaed to be paid
for from funds appropriated for the enforcement of
title II.
‘‘(3) 
NATIONWIDE
SERVICE.—A 
subpoena
under this subsection may be served anywhere in the
United States.
‘‘(4) WITNESS
FEES.—A witness subpoenaed
under this subsection shall receive the same fees and
expenses as a witness subpoenaed in connection with
a civil proceeding in a court of the United States.
‘‘(5) NO
ACCESS
TO
CLASSIFIED
INFORMA-
TION.—Nothing in this subsection is intended to
allow an alien to have access to classified informa-
tion.
160
Title III, Subtitle B
‘‘(e) INTRODUCTION
OF
CLASSIFIED
INFORMA-
TION.—
‘‘(1) IN
GENERAL.—When classified informa-
tion has been summarized pursuant to section
506(b) or where a finding has been made under sec-
tion 506(b)(5) that no summary is possible, classi-
fied information shall be introduced (either in writ-
ing or through testimony) in camera and ex parte
and neither the alien nor the public shall be in-
formed of such evidence or its sources other than
through reference to the summary provided pursuant
to such section. Notwithstanding the previous sen-
tence, the Department of Justice may, in its discre-
tion and, in the case of classified information, after
coordination with the originating agency, elect to in-
troduce such evidence in open session.
‘‘(2) TREATMENT
OF
ELECTRONIC
SURVEIL-
LANCE INFORMATION.—
‘‘(A) USE
OF
ELECTRONIC
SURVEIL-
LANCE.—The Government is authorized to use
in a special removal proceedings the fruits of
electronic surveillance and unconsented physical
searches authorized under the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C.
161
Title III, Subtitle B
1801 et seq.) without regard to subsections (c),
(e), (f), (g), and (h) of section 106 of that Act.
‘‘(B) NO DISCOVERY OF ELECTRONIC SUR-
VEILLANCE INFORMATION.—An alien subject to
removal under this title shall have no right of
discovery of information derived from electronic
surveillance authorized under the Foreign Intel-
ligence Surveillance Act of 1978 or otherwise
for national security purposes. Nor shall such
alien have the right to seek suppression of evi-
dence.
‘‘(C) CERTAIN PROCEDURES NOT APPLICA-
BLE.—The provisions and requirements of sec-
tion 3504 of title 18, United States Code, shall
not apply to procedures under this title.
‘‘(3) RIGHTS OF UNITED STATES.—Nothing in
this section shall prevent the United States from
seeking protective orders and from asserting privi-
leges ordinarily available to the United States to
protect against the disclosure of classified informa-
tion, including the invocation of the military and
state secrets privileges.
‘‘(f) INCLUSION OF CERTAIN EVIDENCE.—The Fed-
eral Rules of Evidence shall not apply to hearings under
this section. Evidence introduced at the special removal
162
Title III, Subtitle B
hearing, either in open session or in camera and ex parte,
may, in the discretion of the Department of Justice, in-
clude all or part of the information presented under sec-
tion 504 used to obtain the order for the hearing under
this section.
‘‘(g) ARGUMENTS.—Following the receipt of evi-
dence, the attorneys for the Department of Justice and
for the alien shall be given fair opportunity to present ar-
gument as to whether the evidence is sufficient to justify
the removal of the alien. The attorney for the Department
of Justice shall open the argument. The attorney for the
alien shall be permitted to reply. The attorney for the De-
partment of Justice shall then be permitted to reply in
rebuttal. The judge may allow any part of the argument
that refers to evidence received in camera and ex parte
to be heard in camera and ex parte.
‘‘(h) BURDEN OF PROOF.—In the hearing the De-
partment of Justice has the burden of showing by clear
and convincing evidence that the alien is subject to re-
moval because the alien is an alien terrorist. If the judge
finds that the Department of Justice has met this burden,
the judge shall order the alien removed and detained pend-
ing removal from the United States. If the alien was re-
leased pending the special removal hearing, the judge shall
order the Attorney General to take the alien into custody.
163
Title III, Subtitle B
‘‘(i) WRITTEN ORDER.—At the time of rendering a
decision as to whether the alien shall be removed, the
judge shall prepare a written order containing a statement
of facts found and conclusions of law. Any portion of the
order that would reveal the substance or source of infor-
mation received in camera and ex parte pursuant to sub-
section (e) shall not be made available to the alien or the
public.
‘‘CONSIDERATION OF CLASSIFIED INFORMATION
‘‘SEC. 506. (a) CONSIDERATION IN CAMERA AND EX
PARTE.—In any case in which the application for the
order authorizing the special procedures of this title is ap-
proved, the judge who granted the order shall consider
each item of classified information the Department of Jus-
tice proposes to introduce in camera and ex parte at the
special removal hearing and shall order the introduction
of such information pursuant to section 505(e) if the judge
determines the information to be relevant.
‘‘(b) PREPARATION
AND PROVISION
OF WRITTEN
SUMMARY.—
‘‘(1) PREPARATION.—The Department of Jus-
tice shall prepare a written summary of such classi-
fied information which does not pose a risk to na-
tional security.
‘‘(2) CONDITIONS
FOR
APPROVAL
BY
JUDGE
AND PROVISION TO ALIEN.—The judge shall approve
164
Title III, Subtitle B
the summary so long as the judge finds that the
summary is sufficient—
‘‘(A) to inform the alien of the general na-
ture of the evidence that the alien is an alien
terrorist, and
‘‘(B) to permit the alien to prepare a de-
fense against deportation.
The Department of Justice shall cause to be deliv-
ered to the alien a copy of the summary.
‘‘(3) OPPORTUNITY
FOR
CORRECTION
AND
RESUBMITTAL.—If the judge does not approve the
summary, the judge shall provide the Department a
reasonable opportunity to correct the deficiencies
identified by the court and to submit a revised sum-
mary.
‘‘(4) CONDITIONS FOR TERMINATION OF PRO-
CEEDINGS IF SUMMARY NOT APPROVED.—
‘‘(A) IN GENERAL.—If, subsequent to the
opportunity described in paragraph (3), the
judge does not approve the summary, the judge
shall terminate the special removal hearing un-
less the judge makes the findings described in
subparagraph (B).
165
Title III, Subtitle B
‘‘(B) FINDINGS.—The findings described
in this subparagraph are, with respect to an
alien, that—
‘‘(i) the continued presence of the
alien in the United States, and
‘‘(ii) the provision of the required
summary,
would likely cause serious and irreparable harm
to the national security or death or serious bod-
ily injury to any person.
‘‘(5) CONTINUATION
OF
HEARING
WITHOUT
SUMMARY.—If a judge makes the findings described
in paragraph (4)(B)—
‘‘(A) if the alien involved is an alien law-
fully admitted for permanent residence, the pro-
cedures described in subsection (c) shall apply;
and
‘‘(B) in all cases the special removal hear-
ing shall continue, the Department of Justice
shall cause to be delivered to the alien a state-
ment that no summary is possible, and the clas-
sified information submitted in camera and ex
parte may be used pursuant to section 505(e).
166
Title III, Subtitle B
‘‘(c) SPECIAL PROCEDURES FOR ACCESS AND CHAL-
LENGES TO CLASSIFIED BY SPECIAL ATTORNEYS IN CASE
OF LAWFUL PERMANENT ALIENS.—
‘‘(1) IN GENERAL.—The procedures described
in this subsection are that the judge (under rules of
the special removal court) shall designate a special
attorney to assist the alien—
‘‘(A) by reviewing in camera the classified
information on behalf of the alien, and
‘‘(B) by challenging through an in camera
proceeding the veracity of the evidence con-
tained in the classified information.
‘‘(2) RESTRICTIONS ON DISCLOSURE.—A spe-
cial attorney receiving classified information under
paragraph (1)—
‘‘(A) shall not disclosure the information to
the alien or to any other attorney representing
the alien, and
‘‘(B) who discloses such information in vio-
lation of subparagraph (A) shall be subject to
a fine under title 18, United States Code, im-
prisoned for not less than 10 years or more
than 25 years, or both.
‘‘APPEALS
‘‘SEC. 507. (a) APPEALS OF DENIALS OF APPLICA-
TIONS FOR ORDERS.—The Department of Justice may
167
Title III, Subtitle B
seek a review of the denial of an order sought in an appli-
cation by the United States Court of Appeals for the Dis-
trict of Columbia Circuit by notice of appeal which must
be filed within 20 days. In such a case the entire record
of the proceeding shall be transmitted to the Court of Ap-
peals under seal and the Court of Appeals shall hear the
matter ex parte. In such a case the Court of Appeals shall
review questions of law de novo, but a prior finding on
any question of fact shall not be set aside unless such find-
ing was clearly erroneous.
‘‘(b) APPEALS OF DETERMINATIONS ABOUT SUM-
MARIES
OF CLASSIFIED INFORMATION.—Either party
may take an interlocutory appeal to the United States
Court of Appeals for the District of Columbia Circuit of—
‘‘(1) any determination by the judge pursuant
to section 506(a)—
‘‘(A) concerning whether an item of evi-
dence may be introduced in camera and ex
parte, or
‘‘(B) concerning the contents of any sum-
mary of evidence to be introduced in camera
and ex parte prepared pursuant to section
506(b); or
‘‘(2) the refusal of the court to make the find-
ings permitted by section 506(b)(4)(B).
168
Title III, Subtitle B
In any interlocutory appeal taken pursuant to this sub-
section, the entire record, including any proposed order
of the judge or summary of evidence, shall be transmitted
to the Court of Appeals under seal and the matter shall
be heard ex parte.
‘‘(c) APPEALS OF DECISION IN HEARING.—
‘‘(1) IN GENERAL.—Subject to paragraph (2),
the decision of the judge after a special removal
hearing may be appealed by either the alien or the
Department of Justice to the United States Court of
Appeals for the District of Columbia Circuit by no-
tice of appeal.
‘‘(2) AUTOMATIC APPEALS IN CASES OF PERMA-
NENT
RESIDENT
ALIENS
IN
WHICH
NO
SUMMARY
PROVIDED.—
‘‘(A) IN
GENERAL.—Unless the alien
waives the right to a review under this para-
graph, in any case involving an alien lawfully
admitted for permanent residence who is denied
a written summary of classified information
under section 506(b)(4) and the procedures of
section 506(c) apply, any order issued by the
judge shall be reviewed by the Court of Appeals
for the District of Columbia Circuit.
169
Title III, Subtitle B
‘‘(B) USE OF SPECIAL ATTORNEY.—If any
issue relating to classified information arises in
such review, the alien shall be represented only
by the special attorney designated under section
506(c)(1) on behalf of the alien.
‘‘(d) GENERAL
PROVISIONS
RELATING
TO
AP-
PEALS.—
‘‘(1) NOTICE.—A notice of appeal pursuant to
subsection (b) or (c) (other than under subsection
(c)(2)) must be filed within 20 days, during which
time the order for which the appeal is sought shall
not be executed.
‘‘(2) TRANSMITTAL OF RECORD.—In an appeal
or review to the Court of Appeals pursuant to sub-
section (b) or (c)—
‘‘(A) the entire record shall be transmitted
to the Court of Appeals, and
‘‘(B) information received pursuant to sec-
tion 505(e), and any portion of the judge’s
order that would reveal the substance or source
of such information, shall be transmitted under
seal.
‘‘(3) EXPEDITED APPELLATE PROCEEDING.—In
an appeal or review to the Court of Appeals pursu-
ant to subsection (b) or (c):
170
Title III, Subtitle B
‘‘(A) REVIEW.—The appeal or review shall
be heard as expeditiously as practicable and the
Court may dispense with full briefing and hear
the matter solely on the record of the judge of
the special removal court and on such briefs or
motions as the Court may require to be filed by
the parties.
‘‘(B) DISPOSITION.—The Court shall up-
hold or reverse the judge’s order within 60 days
after the date of the issuance of the judge’s
final order.
‘‘(4) DE NOVO REVIEW.—In an appeal or re-
view to the Court of Appeals pursuant to subsection
(b) or (c):
‘‘(A) QUESTIONS OF LAW.—The Court of
Appeals shall review all questions of law de
novo.
‘‘(B) QUESTIONS OF FACT.—(i) Subject to
clause (ii), a prior finding on any question of
fact shall not be set aside unless such finding
was clearly erroneous.
‘‘(ii) In the case of a review under sub-
section (c)(2) in which an alien lawfully admit-
ted for permanent residence was denied a writ-
ten summary of classified information under
171
Title III, Subtitle B
section 506(b)(4), the Court of Appeals shall
review questions of fact de novo.
‘‘(e) CERTIORARI.—Following a decision by the Court
of Appeals pursuant to subsection (b) or (c), either the
alien or the Department of Justice may petition the Su-
preme Court for a writ of certiorari. In any such case,
any information transmitted to the Court of Appeals
under seal shall, if such information is also submitted to
the Supreme Court, be transmitted under seal. Any order
of removal shall not be stayed pending disposition of a
writ of certiorari except as provided by the Court of Ap-
peals or a Justice of the Supreme Court.
‘‘(f) APPEALS OF DETENTION ORDERS.—
‘‘(1) IN GENERAL.— The provisions of sections
3145 through 3148 of title 18, United States Code,
pertaining to review and appeal of a release or de-
tention order, penalties for failure to appear, pen-
alties for an offense committed while on release, and
sanctions for violation of a release condition shall
apply to an alien to whom section 508(b)(1) applies.
In applying the previous sentence—
‘‘(A) for purposes of section 3145 of such
title an appeal shall be taken to the United
States Court of Appeals for the District of Co-
lumbia Circuit, and
172
Title III, Subtitle B
‘‘(B) for purposes of section 3146 of such
title the alien shall be considered released in
connection with a charge of an offense punish-
able by life imprisonment.
‘‘(2) NO REVIEW OF CONTINUED DETENTION.—
The determinations and actions of the Attorney
General pursuant to section 508(c)(2)(C) shall not
be subject to judicial review, including application
for a writ of habeas corpus, except for a claim by
the alien that continued detention violates the alien’s
rights under the Constitution. Jurisdiction over any
such challenge shall lie exclusively in the United
States Court of Appeals for the District of Columbia
Circuit.
‘‘DETENTION AND CUSTODY
‘‘SEC. 508. (a) INITIAL CUSTODY.—
‘‘(1) UPON FILING APPLICATION.—Subject to
paragraph (2), the Attorney General may take into
custody any alien with respect to whom an applica-
tion under section 503 has been filed and, notwith-
standing any other provision of law, may retain such
an alien in custody in accordance with the proce-
dures authorized by this title.
‘‘(2) SPECIAL
RULES
FOR
PERMANENT
RESI-
DENT ALIENS.—An alien lawfully admitted for per-
manent residence shall be entitled to a release hear-
173
Title III, Subtitle B
ing before the judge assigned to hear the special re-
moval hearing. Such an alien shall be detained pend-
ing the special removal hearing, unless the alien
demonstrates to the court that—
‘‘(A) the alien, if released upon such terms
and conditions as the court may prescribe (in-
cluding the posting of any monetary amount),
is not likely to flee, and
‘‘(B) the alien’s release will not endanger
national security or the safety of any person or
the community.
The judge may consider classified information sub-
mitted in camera and ex parte in making a deter-
mination under this paragraph.
‘‘(3) RELEASE IF DENIAL OF ORDER AND NO
REVIEW SOUGHT.—
‘‘(A) IN GENERAL.—If a judge of the spe-
cial removal court denies the order sought in an
application with respect to an alien and the De-
partment of Justice does not seek review of
such denial, subject to subparagraph (B), the
alien shall be released from custody.
‘‘(B) APPLICATION
OF
REGULAR
PROCE-
DURES.—Subparagraph (A) shall not prevent
174
Title III, Subtitle B
the arrest and detention of the alien pursuant
to title II.
‘‘(b) CONDITIONAL RELEASE IF DENIAL OF ORDER
AND REVIEW SOUGHT.—
‘‘(1) IN GENERAL.—If a judge of the special re-
moval court denies the order sought in an applica-
tion with respect to an alien and the Department of
Justice seeks review of such denial, the judge shall
release the alien from custody subject to the least re-
strictive condition or combination of conditions of re-
lease described in section 3142(b) and clauses (i)
through (xiv) of section 3142(c)(1)(B) of title 18,
United States Code, that will reasonably assure the
appearance of the alien at any future proceeding
pursuant to this title and will not endanger the safe-
ty of any other person or the community.
‘‘(2) NO RELEASE FOR CERTAIN ALIENS.—If
the judge finds no such condition or combination of
conditions, the alien shall remain in custody until
the completion of any appeal authorized by this title.
‘‘(c) CUSTODY AND RELEASE AFTER HEARING.—
‘‘(1) RELEASE.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), if the judge decides pursuant to sec-
175
Title III, Subtitle B
tion 505(i) that an alien should not be removed,
the alien shall be released from custody.
‘‘(B) CUSTODY PENDING APPEAL.—If the
Attorney General takes an appeal from the
order, the alien shall remain in custody, subject
to the provisions of section 3142 of title 18,
United States Code.
‘‘(2) CUSTODY AND REMOVAL.—
‘‘(A) CUSTODY.—If the judge decides pur-
suant to section 505(i) that an alien shall be re-
moved, the alien shall be detained pending the
outcome of any appeal. After the conclusion of
any judicial review thereof which affirms the re-
moval order, the Attorney General shall retain
the alien in custody or, if the alien was released
pursuant to paragraph (1)(A), shall take the
alien into custody and remove the alien to a
country specified under subparagraph (B).
‘‘(B) REMOVAL.—
‘‘(i) IN GENERAL.—The removal of an
alien shall be to any country which the
alien shall designate if such designation
does not, in the judgment of the Attorney
General, in consultation with the Secretary
of State, impair the obligation of the
176
Title III, Subtitle B
United States under any treaty (including
a treaty pertaining to extradition) or other-
wise adversely affect the foreign policy of
the United States.
‘‘(ii) ALTERNATE COUNTRIES.—If the
alien refuses to choose a country to which
the alien wishes to be transported, or if the
Attorney General, in consultation with the
Secretary of State, determines that re-
moval of the alien to the country so se-
lected would impair a treaty obligation or
adversely affect United States foreign pol-
icy, the Attorney General shall cause the
alien to be transported to any country will-
ing to receive such alien.
‘‘(C) 
CONTINUED
DETENTION.—If 
no
country is willing to receive such an alien, the
Attorney General may, notwithstanding any
other provision of law, retain the alien in cus-
tody. The Attorney General, in coordination
with the Secretary of State, shall make periodic
efforts to reach agreement with other countries
to accept such an alien and at least every 6
months shall provide to the attorney represent-
ing the alien at the special removal hearing
177
Title III, Subtitle B
alien a written report on the Attorney General’s
efforts. Any alien in custody pursuant to this
subparagraph shall be released from custody
solely at the discretion of the Attorney General
and subject to such conditions as the Attorney
General shall deem appropriate.
‘‘(D) FINGERPRINTING.—Before an alien
is transported out of the United States pursu-
ant to this subsection, or pursuant to an order
of exclusion because such alien is excludable
under section 212(a)(3)(B), the alien shall be
photographed and fingerprinted, and shall be
advised of the provisions of subsection 276(b).
‘‘(d) CONTINUED DETENTION PENDING TRIAL.—
‘‘(1) DELAY
IN
REMOVAL.—Notwithstanding
the provisions of subsection (c)(2), the Attorney
General may hold in abeyance the removal of an
alien who has been ordered removed pursuant to this
title to allow the trial of such alien on any Federal
or State criminal charge and the service of any sen-
tence of confinement resulting from such a trial.
‘‘(2) MAINTENANCE OF CUSTODY.—Pending the
commencement of any service of a sentence of con-
finement by an alien described in paragraph (1),
such an alien shall remain in the custody of the At-
178
Title III, Subtitle B
torney General, unless the Attorney General deter-
mines that temporary release of the alien to the cus-
tody of State authorities for confinement in a State
facility is appropriate and would not endanger na-
tional security or public safety.
‘‘(3) SUBSEQUENT
REMOVAL.—Following the
completion of a sentence of confinement by an alien
described in paragraph (1) or following the comple-
tion of State criminal proceedings which do not re-
sult in a sentence of confinement of an alien released
to the custody of State authorities pursuant to para-
graph (2), such an alien shall be returned to the
custody of the Attorney General who shall proceed
to carry out the provisions of subsection (c)(2) con-
cerning removal of the alien.
‘‘(e) APPLICATION OF CERTAIN PROVISIONS.—For
purposes of section 751 and 752 of title 18, United States
Code, an alien in the custody of the Attorney General pur-
suant to this title shall be subject to the penalties provided
by those sections in relation to a person committed to the
custody of the Attorney General by virtue of an arrest on
a charge of felony.
‘‘(f) RIGHTS OF ALIENS IN CUSTODY.—
‘‘(1) FAMILY AND ATTORNEY VISITS.—An alien
in the custody of the Attorney General pursuant to
179
Title III, Subtitle B
this title shall be given reasonable opportunity to
communicate with and receive visits from members
of the alien’s family, and to contact, retain, and
communicate with an attorney.
‘‘(2) DIPLOMATIC CONTACT.—An alien in the
custody of the Attorney General pursuant to this
title shall have the right to contact an appropriate
diplomatic or consular official of the alien’s country
of citizenship or nationality or of any country pro-
viding representation services therefore. The Attor-
ney General shall notify the appropriate embassy,
mission, or consular office of the alien’s detention.’’.
(b) CRIMINAL PENALTY FOR REENTRY OF ALIEN
TERRORISTS.—Section 276(b) (8 U.S.C. 1326(b)) is
amended—
(1) by striking ‘‘or’’ at the end of paragraph
(1),
(2) by striking the period at the end of para-
graph (2) and inserting ‘‘; or’’, and
(3) by inserting after paragraph (2) the follow-
ing new paragraph:
‘‘(3) who has been excluded from the United
States pursuant to subsection 235(c) because the
alien was excludable under subsection 212(a)(3)(B)
or who has been removed from the United States
180
Title III, Subtitle B
pursuant to the provisions of title V, and who there-
after, without the permission of the Attorney Gen-
eral, enters the United States or attempts to do so
shall be fined under title 18, United States Code,
and imprisoned for a period of 10 years, which sen-
tence shall not run concurrently with any other sen-
tence.’’.
(c) ELIMINATION OF CUSTODY REVIEW BY HABEAS
CORPUS.—Section 106(a) (8 U.S.C. 1105a(a)) is amend-
ed—
(1) by adding ‘‘and’’ at the end of paragraph
(8),
(2) by striking ‘‘; and’’ at the end of paragraph
(9) and inserting a period, and
(3) by striking paragraph (10).
(d) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of the enactment
of this Act and shall apply to all aliens without regard
to the date of entry or attempted entry into the United
States.
SEC. 322. FUNDING FOR DETENTION AND REMOVAL OF
ALIEN TERRORISTS.
In addition to amounts otherwise appropriated, there
are authorized to be appropriated for each fiscal year (be-
ginning with fiscal year 1996) $5,000,000 to the Immigra-
181
Title III, Subtitle B
tion and Naturalization Service for the purpose of detain-
ing and removing alien terrorists.
PART 2—EXCLUSION AND DENIAL OF ASYLUM
FOR ALIEN TERRORISTS
SEC. 331. MEMBERSHIP IN TERRORIST ORGANIZATION AS
GROUND FOR EXCLUSION.
(a) IN GENERAL.—Section 212(a)(3)(B) (8 U.S.C.
1182(a)(3)(B)) is amended—
(1) in clause (i)—
(A) by striking ‘‘or’’ at the end of
subclause (I),
(B) in subclause (II), by inserting ‘‘en-
gaged in or’’ after ‘‘believe,’’, and
(C) by inserting after subclause (II) the
following:
‘‘(III) is a representative of a ter-
rorist organization, or
‘‘(IV) is a member of a terrorist
organization which the alien knows or
should have known is a terrorist orga-
nization,’’; and
(2) by adding at the end the following:
‘‘(iv) TERRORIST ORGANIZATION DE-
FINED.—
182
Title III, Subtitle B
‘‘(I) DESIGNATION.—For pur-
poses of this Act, the term ‘terrorist
organization’ means a foreign organi-
zation designated in the Federal Reg-
ister as a terrorist organization by the
Secretary of State, in consultation
with the Attorney General, based
upon a finding that the organization
engages in, or has engaged in, terror-
ist activity that threatens the national
security of the United States.
‘‘(II) PROCESS.—At least 3 days
before designating an organization as
a terrorist organization through publi-
cation in the Federal Register, the
Secretary of State, in consultation
with the Attorney General, shall notify
the Committees on the Judiciary of
the House of Representatives and the
Senate of the intent to make such
designation and the findings and basis
for designation. The Secretary of
State, in consultation with the Attor-
ney General, shall create an adminis-
trative record and may use classified
183
Title III, Subtitle B
information in making such a designa-
tion. Such information is not subject
to disclosure so long as it remains
classified, except that it may be dis-
closed to a court ex parte and in cam-
era under subclause (III) for purposes
of judicial review of such a designa-
tion. The Secretary of State, in con-
sultation with the Attorney General,
shall provide notice and an oppor-
tunity for public comment prior to the
creation of the administrative record
under this subclause.
‘‘(III) JUDICIAL
REVIEW.—Any
organization designated as a terrorist
organization under the preceding pro-
visions of this clause may, not later
than 30 days after the date of the
designation, seek judicial review there-
of in the United States Court of Ap-
peals for the District of Columbia Cir-
cuit. Such review shall be based solely
upon the administrative record, except
that the Government may submit, for
ex parte and in camera review, classi-
184
Title III, Subtitle B
fied information considered in making
the designation. The court shall hold
unlawful and set aside the designation
if the court finds the designation to be
arbitrary, capricious, an abuse of dis-
cretion, or otherwise not in accord-
ance with law, lacking substantial
support in the administrative record
taken as a whole or in classified infor-
mation submitted to the court under
the previous sentence, contrary to
constitutional right, power, privilege,
or immunity, or not in accord with the
procedures required by law.
‘‘(IV) CONGRESSIONAL REMOVAL
AUTHORITY.—The Congress reserves
the authority to remove, by law, the
designation of an organization as a
terrorist organization for purposes of
this Act.
‘‘(V) 
SUNSET.—Subject 
to
subclause (IV), the designation under
this clause of an organization as a
terrorist organization shall be effective
for a period of 2 years from the date
190
Title III, Subtitle C
60 days after the date of the enactment of this Act) as
the Attorney General shall specify.
SEC. 343. TRANSPORTATION LINE RESPONSIBILITY FOR
TRANSIT WITHOUT VISA ALIENS.
(a) IN
GENERAL.—Section 238(c) (8 U.S.C.
1228(c)), before redesignation as section 233 under sec-
tion 308(b)(4), is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(a)’’, and
(2) by adding at the end the following new
paragraph:
‘‘(2) Notwithstanding any other provision of this Act
and in consideration for bringing aliens transiting through
the United States without a visa, a transportation line
that has entered into a contract under this section is
deemed to have agreed to indemnify the United States
against any costs for the detention and removal from the
United States of any such alien who for any reason—
‘‘(A) is refused admission to the United States,
‘‘(B) fails to continue the alien’s journey to a
foreign country within the time prescribed by regula-
tion, or
‘‘(C) is refused admission by the foreign coun-
try to which the alien is travelling while transiting
through the United States. ’’.
191
Title III, Subtitle D
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to aliens arriving in the United
States on or after such date (not later than 60 days after
the date of the enactment of this Act) as the Attorney
General shall specify.
SEC. 344. CIVIL PENALTIES FOR BRINGING INADMISSIBLE
ALIENS FROM CONTIGUOUS TERRITORIES.
(a) IN GENERAL.—Section 273 (8 U.S.C. 1323) is
amended—
(1) in subsection (a), by striking ‘‘(other than
from foreign contiguous territory)’’, and
(2) in subsection (b), by striking ‘‘$3,000’’ and
inserting ‘‘$5,000’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to aliens arriving in the United
States on or after such date (not later than 60 days after
the date of the enactment of this Act) as the Attorney
General shall specify.
Subtitle D—Additional Provisions
SEC. 351. DEFINITION OF CONVICTION.
(a) IN
GENERAL.—Section 101(a) (8 U.S.C.
1101(a)), as amended by section 341, is amended by add-
ing at the end the following new paragraph:
‘‘(48) The term ‘conviction’ means a formal
judgment of guilt entered by a court or, if adjudica-
265
Title V, Subtitle C
of the House of Representatives and of the Senate
a report describing the number of immigrant visas
issued under this subsection and the individuals to
whom the visas were issued.’’.
(b) PETITIONING.—Subparagraph (G) of section
204(a)(1) (8 U.S.C. 1154(a)(1)) is amended to read as
follows:
‘‘(G) Any alien desiring to be provided an immigrant
visa under section 203(c) may file a petition with the At-
torney General for such classification, but only if the At-
torney General has identified the alien as possibly qualify-
ing for such a visa.’’.
(c) ORDER
OF CONSIDERATION.—Section 203 (8
U.S.C. 1153) is amended—
(1) by amending paragraph (2) of subsection
(e) to read as follows:
‘‘(2) Immigrant visa numbers made available under
subsection (c) (relating to humanitarian immigrants) shall
be issued to eligible immigrants in an order specified by
the Attorney General.’’, and
(2) in subsection (g), by striking ‘‘(a), (b), and
(c)’’ and inserting ‘‘(a) and (b)’’.
(d) APPLICATION OF PER COUNTRY NUMERICAL LIMI-
TATIONS.—Section 202(a) (8 U.S.C. 1152(a)) is amended
by adding at the end the following new paragraph: