(3) A physical description of the alien. 
(4) The date, time, and location of the encoun-
ter with the alien and reason for stopping, detaining, 
apprehending, or arresting the alien. 
(5) If applicable, the alien’s driver’s license 
number and the State of issuance of such license. 
(6) If applicable, the type of any other identi-
fication document issued to the alien, any designa-
tion number contained on the identification docu-
ment, and the issuing entity for the identification 
document. 
(7) If applicable, the license plate number, 
make, and model of any automobile registered to, or 
driven by, the alien. 
(8) A photo of the alien, if available or readily 
obtainable. 
(9) The alien’s fingerprints, if available or read-
ily obtainable. 
(c) ANNUAL REPORT
ON REPORTING.—The Sec-
retary shall maintain and annually submit to the Congress 
a detailed report listing the States, or the political subdivi-
sions of States, that have provided information under sub-
section (a) in the preceding year. 
(d) REIMBURSEMENT.—The Secretary shall reim-
burse States, and political subdivisions of a State, for all 
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reasonable costs, as determined by the Secretary, incurred 
by the State, or the political subdivision of a State, as 
a result of providing information under subsection (a). 
(e) CONSTRUCTION.—Nothing in this section shall re-
quire law enforcement officials of a State, or of a political 
subdivision of a State, to provide the Secretary with infor-
mation related to a victim of a crime or witness to a crimi-
nal offense. 
(f) EFFECTIVE DATE.—This section shall take effect 
on the date that is 120 days after the date of the enact-
ment of this Act and shall apply with respect to aliens 
apprehended on or after such date. 
SEC. 106. FINANCIAL ASSISTANCE TO STATE AND LOCAL 
POLICE AGENCIES THAT ASSIST IN THE EN-
FORCEMENT OF IMMIGRATION LAWS. 
(a) GRANTS FOR SPECIAL EQUIPMENT FOR HOUSING 
AND PROCESSING CERTAIN ALIENS.—From amounts 
made available to make grants under this section, the Sec-
retary shall make grants to States, and to political subdivi-
sions of States, for procurement of equipment, technology, 
facilities, and other products that facilitate and are di-
rectly related to investigating, apprehending, arresting, 
detaining, or transporting aliens who are inadmissible or 
deportable, including additional administrative costs in-
curred under this title. 
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(b) ELIGIBILITY.—To be eligible to receive a grant 
under this section, a State, or a political subdivision of 
a State, must have the authority to, and shall have a writ-
ten policy and a practice to, assist in the enforcement of 
the immigration laws of the United States in the course 
of carrying out the routine law enforcement duties of such 
State or political subdivision of a State. Entities covered 
under this section may not have any policy or practice that 
prevents local law enforcement from inquiring about a sus-
pect’s immigration status. 
(c) GAO AUDIT.—Not later than 3 years after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall conduct an audit of funds dis-
tributed to States, and to political subdivisions of a State, 
under subsection (a). 
SEC. 107. INCREASED FEDERAL DETENTION SPACE. 
(a) CONSTRUCTION OR ACQUISITION OF DETENTION 
FACILITIES.— 
(1) IN
GENERAL.—The Secretary shall con-
struct or acquire, in addition to existing facilities for 
the detention of aliens, detention facilities in the 
United States, for aliens detained pending removal 
from the United States or a decision regarding such 
removal. Each facility shall have a number of beds 
necessary to effectuate the purposes of this title. 
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(2) DETERMINATIONS.—The location of any de-
tention facility built or acquired in accordance with 
this subsection shall be determined by the Secretary. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
Section 241(g)(1) of the Immigration and Nationality Act 
(8 U.S.C. 1231(g)(1)) is amended by striking ‘‘may ex-
pend’’ and inserting ‘‘shall expend’’. 
SEC. 108. FEDERAL CUSTODY OF INADMISSIBLE AND DE-
PORTABLE ALIENS IN THE UNITED STATES 
APPREHENDED BY STATE OR LOCAL LAW EN-
FORCEMENT. 
(a) STATE APPREHENSION.— 
(1) IN GENERAL.—Title II of the Immigration 
and Nationality Act (8 U.S.C. 1151 et seq.) is 
amended by inserting after section 240C the fol-
lowing: 
‘‘CUSTODY OF INADMISSIBLE AND DEPORTABLE ALIENS 
PRESENT IN THE UNITED STATES 
‘‘SEC. 240D. (a) TRANSFER OF CUSTODY BY STATE 
AND LOCAL OFFICIALS.—If a State, or a political subdivi-
sion of the State, exercising authority with respect to the 
apprehension or arrest of an inadmissible or deportable 
alien submits to the Secretary of Homeland Security a re-
quest that the alien be taken into Federal custody, not-
withstanding any other provision of law, regulation, or pol-
icy the Secretary— 
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‘‘(1) shall take the alien into custody not later 
than 48 hours (excluding Saturdays, Sundays, and 
holidays) after the detainer has been issued following 
the conclusion of the State or local charging process 
or dismissal process, or if no State or local charging 
or dismissal process is required, the Secretary 
should issue a detainer and take the alien into cus-
tody not later than 48 hours (excluding Saturdays, 
Sundays, and holidays) after the alien is appre-
hended, in order to determine whether the alien 
should be detained, placed in removal proceedings, 
released, or removed; and 
‘‘(2) shall request that the relevant State or 
local law enforcement agency temporarily hold the 
alien in their custody or transport the alien for 
transfer to Federal custody. 
‘‘(b) POLICY
ON DETENTION
IN FEDERAL, CON-
TRACT, STATE, OR LOCAL DETENTION FACILITIES.—In 
carrying out section 241(g)(1), the Attorney General or 
Secretary of Homeland Security shall ensure that an alien 
arrested under this title shall be held in custody, pending 
the alien’s examination under this section, in a Federal, 
contract, State, or local prison, jail, detention center, or 
other comparable facility. Notwithstanding any other pro-
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vision of law, regulation or policy, such facility is adequate 
for detention, if— 
‘‘(1) such a facility is the most suitably located 
Federal, contract, State, or local facility available for 
such purpose under the circumstances; 
‘‘(2) an appropriate arrangement for such use 
of the facility can be made; and 
‘‘(3) the facility satisfies the standards for the 
housing, care, and security of persons held in cus-
tody by a United States Marshal. 
‘‘(c) REIMBURSEMENT.—The Secretary of Homeland 
Security shall reimburse a State, and a political subdivi-
sion of a State, for all reasonable expenses, as determined 
by the Secretary, incurred by the State, or political sub-
division, as a result of the incarceration and transpor-
tation of an alien who is inadmissible or deportable as de-
scribed in subsections (a) and (b). Compensation provided 
for costs incurred under such subsections shall be the av-
erage cost of incarceration of a prisoner in the relevant 
State, as determined by the chief executive officer of a 
State, or of a political subdivision of a State, plus the cost 
of transporting the alien from the point of apprehension 
to the place of detention, and to the custody transfer point 
if the place of detention and place of custody are different. 
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‘‘(d) SECURE FACILITIES.—The Secretary of Home-
land Security shall ensure that aliens incarcerated pursu-
ant to this title are held in facilities that provide an appro-
priate level of security. 
‘‘(e) TRANSFER.— 
‘‘(1) IN GENERAL.—In carrying out this sec-
tion, the Secretary of Homeland Security shall es-
tablish a regular circuit and schedule for the prompt 
transfer of apprehended aliens from the custody of 
States, and political subdivisions of a State, to Fed-
eral custody. 
‘‘(2) CONTRACTS.—The Secretary may enter 
into contracts, including appropriate private con-
tracts, to implement this subsection.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents of such Act is amended by inserting after the 
item relating to section 240C the following new item: 
‘‘Sec. 240D. Custody of inadmissible and deportable aliens present in the 
United States.’’. 
(b) GAO AUDIT.—Not later than 3 years after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall conduct an audit of compensa-
tion to States, and to political subdivisions of a State, for 
the incarceration of inadmissible or deportable aliens 
under section 240D(a) of the Immigration and Nationality 
Act (as added by subsection (a)(1)). 
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(c) EFFECTIVE DATE.—Section 240D of the Immi-
gration and Nationality Act, as added by subsection (a), 
shall take effect on the date of the enactment of this Act, 
except that subsection (e) of such section shall take effect 
on the date that is 120 day after the date of the enactment 
of this Act. 
SEC. 109. TRAINING OF STATE AND LOCAL LAW ENFORCE-
MENT PERSONNEL RELATING TO THE EN-
FORCEMENT OF IMMIGRATION LAWS. 
(a) ESTABLISHMENT
OF TRAINING MANUAL
AND 
POCKET GUIDE.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall estab-
lish— 
(1) a training manual for law enforcement per-
sonnel of a State, or of a political subdivision of a 
State, to train such personnel in the investigation, 
identification, apprehension, arrest, detention, and 
transfer to Federal custody of inadmissible and de-
portable aliens in the United States (including the 
transportation of such aliens across State lines to 
detention centers and the identification of fraudulent 
documents); and 
(2) an immigration enforcement pocket guide 
for law enforcement personnel of a State, or of a po-
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litical subdivision of a State, to provide a quick ref-
erence for such personnel in the course of duty. 
(b) AVAILABILITY.—The training manual and pocket 
guide established in accordance with subsection (a) shall 
be made available to all State and local law enforcement 
personnel. 
(c) APPLICABILITY.—Nothing in this section shall be 
construed to require State or local law enforcement per-
sonnel to carry the training manual or pocket guide with 
them while on duty. 
(d) COSTS.—The Secretary shall be responsible for 
any costs incurred in establishing the training manual and 
pocket guide. 
(e) TRAINING FLEXIBILITY.— 
(1) IN GENERAL.—The Secretary shall make 
training of State and local law enforcement officers 
available through as many means as possible, includ-
ing through residential training at the Center for 
Domestic Preparedness, onsite training held at State 
or local police agencies or facilities, online training 
courses by computer, teleconferencing, and video-
tape, or the digital video display (DVD) of a train-
ing course or courses. E-learning through a secure, 
encrypted distributed learning system that has all its 
servers based in the United States, is scalable, sur-
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vivable, and can have a portal in place not later than 
30 days after the date of the enactment of this Act, 
shall be made available by the Federal Law Enforce-
ment Training Center Distributed Learning Pro-
gram for State and local law enforcement personnel. 
(2) FEDERAL
PERSONNEL
TRAINING.—The 
training of State and local law enforcement per-
sonnel under this section shall not displace the train-
ing of Federal personnel. 
(3) CLARIFICATION.—Nothing in this title or 
any other provision of law shall be construed as 
making any immigration-related training a require-
ment for, or prerequisite to, any State or local law 
enforcement officer to assist in the enforcement of 
Federal immigration laws. 
(4) PRIORITY.—In carrying out this subsection, 
priority funding shall be given for existing web-based 
immigration enforcement training systems. 
SEC. 110. IMMUNITY. 
Notwithstanding any other provision of law, a law en-
forcement officer of a State or local law enforcement agen-
cy who is acting within the scope of the officer’s official 
duties shall be immune, to the same extent as a Federal 
law enforcement officer, from personal liability arising out 
of the performance of any duty described in this title, in-
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cluding the authorities to investigate, identify, apprehend, 
arrest, detain, or transfer to Federal custody, an alien for 
the purposes of enforcing the immigration laws of the 
United States (as defined in section 101(a)(17) of the Im-
migration and Nationality Act (8 U.S.C. 1101(a)(17))) or 
the immigration laws of a State or a political subdivision 
of a State. 
SEC. 111. CRIMINAL ALIEN IDENTIFICATION PROGRAM. 
(a) CONTINUATION AND EXPANSION.— 
(1) IN GENERAL.—The Secretary shall continue 
to operate and implement a program that— 
(A) identifies removable criminal aliens in 
Federal and State correctional facilities; 
(B) ensures such aliens are not released 
into the community; and 
(C) removes such aliens from the United 
States after the completion of their sentences. 
(2) EXPANSION.—The program shall be ex-
tended to all States. Any State that receives Federal 
funds for the incarceration of criminal aliens (pursu-
ant to the State Criminal Alien Assistance Program 
authorized under section 241(i) of the Immigration 
and Nationality Act (8 U.S.C. 1231(i)) or other 
similar program) shall— 
(A) cooperate with officials of the program; 
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(B) expeditiously and systematically iden-
tify criminal aliens in its prison and jail popu-
lations; and 
(C) promptly convey such information to 
officials of such program as a condition of re-
ceiving such funds. 
(b) AUTHORIZATION FOR DETENTION AFTER COM-
PLETION OF STATE OR LOCAL PRISON SENTENCE.—Law 
enforcement officers of a State, or of a political subdivision 
of a State, are authorized to— 
(1) hold a criminal alien for a period of up to 
48 hours (excluding Saturdays, Sundays, and holi-
days) after the alien has completed the alien’s sen-
tence under State or local law in order to effectuate 
the transfer of the alien to Federal custody when the 
alien is inadmissible or deportable; or 
(2) issue a detainer that would allow aliens who 
have served a prison sentence under State or local 
law to be detained by the State or local prison or jail 
until the Secretary can take the alien into custody. 
(c) TECHNOLOGY USAGE.—Technology, such as video 
conferencing, shall be used to the maximum extent prac-
ticable in order to make the program available in remote 
locations. Mobile access to Federal databases of aliens and 
live scan technology shall be used to the maximum extent 
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practicable in order to make these resources available to 
State and local law enforcement agencies in remote loca-
tions. 
(d) EFFECTIVE DATE.—This section shall take effect 
of the date of the enactment of this Act, except that sub-
section (a)(2) shall take effect on the date that is 180 days 
after such date. 
SEC. 112. CLARIFICATION OF CONGRESSIONAL INTENT. 
Section 287(g) of the Immigration and Nationality 
Act (8 U.S.C. 1357(g)) is amended— 
(1) in paragraph (1) by striking ‘‘may enter’’ 
and all that follows through the period at the end 
and inserting the following: ‘‘shall enter into a writ-
ten agreement with a State, or any political subdivi-
sion of a State, upon request of the State or political 
subdivision, pursuant to which an officer or em-
ployee of the State or subdivision, who is determined 
by the Secretary to be qualified to perform a func-
tion of an immigration officer in relation to the in-
vestigation, apprehension, or detention of aliens in 
the United States (including the transportation of 
such aliens across State lines to detention centers), 
may carry out such function at the expense of the 
State or political subdivision and to extent consistent 
with State and local law. No request from a bona 
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fide State or political subdivision or bona fide law 
enforcement agency shall be denied absent a compel-
ling reason. No limit on the number of agreements 
under this subsection may be imposed. The Sec-
retary shall process requests for such agreements 
with all due haste, and in no case shall take not 
more than 90 days from the date the request is 
made until the agreement is consummated.’’; 
(2) by redesignating paragraph (2) as para-
graph (5) and paragraphs (3) through (10) as para-
graphs (7) through (14), respectively; 
(3) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) An agreement under this subsection shall accom-
modate a requesting State or political subdivision with re-
spect to the enforcement model or combination of models, 
and shall accommodate a patrol model, task force model, 
jail model, any combination thereof, or any other reason-
able model the State or political subdivision believes is best 
suited to the immigration enforcement needs of its juris-
diction. 
‘‘(3) No Federal program or technology directed 
broadly at identifying inadmissible or deportable aliens 
shall substitute for such agreements, including those es-
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tablishing a jail model, and shall operate in addition to 
any agreement under this subsection. 
‘‘(4)(A) No agreement under this subsection shall be 
terminated absent a compelling reason. 
‘‘(B)(i) The Secretary shall provide a State or polit-
ical subdivision written notice of intent to terminate at 
least 180 days prior to date of intended termination, and 
the notice shall fully explain the grounds for termination, 
along with providing evidence substantiating the Sec-
retary’s allegations. 
‘‘(ii) The State or political subdivision shall have the 
right to a hearing before an administrative law judge and, 
if the ruling is against the State or political subdivision, 
to appeal the ruling to the Federal Circuit Court of Ap-
peals and, if the ruling is against the State or political 
subdivision, to the Supreme Court. 
‘‘(C) The agreement shall remain in full effect during 
the course of any and all legal proceedings.’’; and 
(4) by inserting after paragraph (5) (as redesig-
nated) the following: 
‘‘(6) The Secretary of Homeland Security shall make 
training of State and local law enforcement officers avail-
able through as many means as possible, including 
through residential training at the Center for Domestic 
Preparedness and the Federal Law Enforcement Training 
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Center, onsite training held at State or local police agen-
cies or facilities, online training courses by computer, tele-
conferencing, and videotape, or the digital video display 
(DVD) of a training course or courses. Distance learning 
through a secure, encrypted distributed learning system 
that has all its servers based in the United States, is scal-
able, survivable, and can have a portal in place not later 
than 30 days after the date of the enactment of this Act, 
shall be made available by the COPS Office of the Depart-
ment of Justice and the Federal Law Enforcement Train-
ing Center Distributed Learning Program for State and 
local law enforcement personnel. Preference shall be given 
to private sector-based web-based immigration enforce-
ment training programs for which the Federal Govern-
ment has already provided support to develop.’’. 
SEC. 113. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM 
(SCAAP). 
Section 241(i) of the Immigration and Nationality 
Act (8 U.S.C. 1231(i)) is amended— 
(1) by striking ‘‘Attorney General’’ the first 
place such term appears and inserting ‘‘Secretary of 
Homeland Security’’; 
(2) by striking ‘‘Attorney General’’ each place 
such term appears thereafter and inserting ‘‘Sec-
retary’’; and 
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(3) in paragraph (3)(A), by inserting ‘‘charged 
with or’’ before ‘‘convicted’’. 
SEC. 114. STATE VIOLATIONS OF ENFORCEMENT OF IMMI-
GRATION LAWS. 
(a) IN GENERAL.—Section 642 of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1373) is amended— 
(1) by striking ‘‘Immigration and Naturaliza-
tion Service’’ each place it appears and inserting 
‘‘Department of Homeland Security’’; 
(2) in subsection (a), by striking ‘‘may’’ and in-
serting ‘‘shall’’; 
(3) in subsection (b)— 
(A) by striking ‘‘no person or agency may’’ 
and inserting ‘‘a person or agency shall not’’; 
(B) by striking ‘‘doing any of the following 
with respect to information’’ and inserting ‘‘un-
dertaking any of the following law enforcement 
activities’’; and 
(C) by striking paragraphs (1) through (3) 
and inserting the following: 
‘‘(1) Notifying the Federal Government regard-
ing the presence of inadmissible and deportable 
aliens who are encountered by law enforcement per-
sonnel of a State or political subdivision of a State. 
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‘‘(2) Complying with requests for information 
from Federal law enforcement. 
‘‘(3) Issuing policies in the form of a resolu-
tions, ordinances, administrative actions, general or 
special orders, or departmental policies that violate 
Federal law or restrict a State or political subdivi-
sion of a State from complying with Federal law or 
coordinating with Federal law enforcement.’’; and 
(4) by adding at the end the following: 
‘‘(d) COMPLIANCE.— 
‘‘(1) IN GENERAL.—A State, or a political sub-
division of a State, that has in effect a statute, pol-
icy, or practice that prohibits law enforcement offi-
cers of the State, or of a political subdivision of the 
State, from assisting or cooperating with Federal 
immigration law enforcement in the course of car-
rying out the officers’ routine law enforcement du-
ties shall not be eligible to receive— 
‘‘(A) any of the funds that would otherwise 
be allocated to the State or political subdivision 
under section 241(i) of the Immigration and 
Nationality Act (8 U.S.C. 1231(i)) or the ‘Cops 
on the Beat’ program under part Q of title I of 
the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3796dd et seq.); or 
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‘‘(B) any other law enforcement or Depart-
ment of Homeland Security grant. 
‘‘(2) ANNUAL DETERMINATION.—The Secretary 
shall determine annually which State or political 
subdivision of a State are not in compliance with 
this section and shall report such determinations to 
Congress on March 1 of each year. 
‘‘(3) REPORTS.—The Attorney General shall 
issue a report concerning the compliance of any par-
ticular State or political subdivision at the request of 
the House or Senate Judiciary Committee. Any ju-
risdiction that is found to be out of compliance shall 
be ineligible to receive Federal financial assistance 
as provided in paragraph (1) for a minimum period 
of 1 year, and shall only become eligible again after 
the Attorney General certifies that the jurisdiction is 
in compliance. 
‘‘(4) REALLOCATION.—Any funds that are not 
allocated to a State or to a political subdivision of 
a State, due to the failure of the State, or of the po-
litical subdivision of the State, to comply with sub-
section (c) shall be reallocated to States, or to polit-
ical subdivisions of States, that comply with such 
subsection. 
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‘‘(e) CONSTRUCTION.—Nothing in this section shall 
require law enforcement officials from States, or from po-
litical subdivisions of States, to report or arrest victims 
or witnesses of a criminal offense.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act, except that subsection (d) of section 642 of 
the Illegal Immigration Reform and Immigrant Responsi-
bility Act of 1996 (8 U.S.C. 1373), as added by this sec-
tion, shall take effect beginning one year after the date 
of the enactment of this Act. 
SEC. 115. CLARIFYING THE AUTHORITY OF ICE DETAINERS. 
(a) IN GENERAL.—Except as otherwise provided by 
Federal law or rule of procedure, the Secretary of Home-
land Security shall execute all lawful writs, process, and 
orders issued under the authority of the United States, 
and shall command all necessary assistance to execute the 
Secretary’s duties. 
(b) STATE AND LOCAL COOPERATION WITH DHS 
DETAINERS.—A State, or a political subdivision of a 
State, that has in effect a statute or policy or practice 
providing that it not comply with any Department of 
Homeland Security detainer ordering that it temporarily 
hold an alien in their custody so that the alien may be 
taken into Federal custody, or transport the alien for 
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transfer to Federal custody, shall not be eligible to re-
ceive— 
(1) any of the funds that would otherwise be al-
located to the State or political subdivision under 
section 241(i) of the Immigration and Nationality 
Act (8 U.S.C. 1231(i)) or the ‘‘Cops on the Beat’’ 
program under part Q of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3796dd et seq.); or 
(2) any other law enforcement or Department 
of Homeland Security grant. 
(c) IMMUNITY.—A State or a political subdivision of 
a State acting in compliance with a Department of Home-
land Security detainer who temporarily holds aliens in its 
custody so that they may be taken into Federal custody, 
or transports the aliens for transfer to Federal custody, 
shall be considered to be acting under color of Federal 
authority for purposes of determining its liability, and im-
munity from suit, in civil actions brought by the aliens 
under Federal or State law. 
(d) PROBABLE CAUSE.—It is the sense of Congress 
that the Department of Homeland Security has probable 
cause to believe that an alien is inadmissible or deportable 
when it issues a detainer regarding such alien under the 
standards in place on the date of introduction of this Act. 
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TITLE II—NATIONAL SECURITY 
SEC. 201. REMOVAL OF, AND DENIAL OF BENEFITS TO, TER-
RORIST ALIENS. 
(a) ASYLUM.—Section 208(b)(2)(A) of the Immigra-
tion and Nationality Act (8 U.S.C. 1158(b)(2)(A)) is 
amended— 
(1) by inserting ‘‘or the Secretary of Homeland 
Security’’ after ‘‘if the Attorney General’’; and 
(2) by amending clause (v) to read as follows: 
‘‘(v) the alien is described in subpara-
graph (B)(i) or (F) of section 212(a)(3), 
unless, in the case of an alien described in 
subparagraph (IV), (V), or (IX) of section 
212(a)(3)(B)(i), the Secretary of Home-
land Security or the Attorney General de-
termines, in the discretion of the Secretary 
or the Attorney General, that there are not 
reasonable grounds for regarding the alien 
as a danger to the security of the United 
States; or’’. 
(b) 
CANCELLATION
OF
REMOVAL.—Section 
240A(c)(4) of such Act (8 U.S.C. 1229b(c)(4)) is amend-
ed— 
(1) by striking ‘‘inadmissible under’’ and insert-
ing ‘‘described in’’; and 
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(2) by striking ‘‘deportable under’’ and insert-
ing ‘‘described in’’. 
(c) 
VOLUNTARY
DEPARTURE.—Section 
240B(b)(1)(C) of such Act (8 U.S.C. 1229c(b)(1)(C)) is 
amended 
by 
striking 
‘‘deportable 
under 
section 
237(a)(2)(A)(iii) or section 237(a)(4);’’ and inserting ‘‘de-
scribed in paragraph (2)(A)(iii) or (4) of section 237(a);’’. 
(d) 
RESTRICTION
ON
REMOVAL.—Section 
241(b)(3)(B) of such Act (8 U.S.C. 1231(b)(3)(B)) is 
amended— 
(1) in the matter preceding clause (i), by insert-
ing ‘‘or the Secretary of Homeland Security’’ after 
‘‘Attorney General’’ each place it appears; 
(2) in clause (iii), by striking ‘‘or’’ at the end; 
(3) in clause (iv), by striking the period at the 
end and inserting a semicolon; 
(4) by striking the flush matter that follows 
after clause (iv); and 
(5) by inserting after clause (iv) the following: 
‘‘(v) the alien is described in subpara-
graph (B)(i) or (F) of section 212(a)(3), 
unless, in the case of an alien described in 
subparagraph (IV), (V), or (IX) of section 
212(a)(3)(B)(i), the Secretary of Home-
land Security or the Attorney General de-
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termines, in discretion of the Secretary or 
the Attorney General, that there are not 
reasonable grounds for regarding the alien 
as a danger to the security of the United 
States; or’’. 
(e) RECORD OF ADMISSION.— 
(1) IN GENERAL.—Section 249 of such Act (8 
U.S.C. 1259) is amended to read as follows: 
‘‘RECORD OF ADMISSION FOR PERMANENT RESIDENCE IN 
THE CASE OF CERTAIN ALIENS WHO ENTERED THE 
UNITED STATES PRIOR TO JANUARY 1, 1972 
‘‘SEC. 249. The Secretary of Homeland Security, in 
the discretion of the Secretary and under such regulations 
as the Secretary may prescribe, may enter a record of law-
ful admission for permanent residence in the case of any 
alien, if no such record is otherwise available and the 
alien— 
‘‘(1) entered the United States before January 
1, 1972; 
‘‘(2) has continuously resided in the United 
States since such entry; 
‘‘(3) has been a person of good moral character 
since such entry; 
‘‘(4) is not ineligible for citizenship; 
‘‘(5) is not described in paragraph (1)(A)(iv), 
(2), (3), (6)(C), (6)(E), or (8) of section 212(a); and 
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‘‘(6) did not, at any time, without reasonable 
cause fail or refuse to attend or remain in attend-
ance at a proceeding to determine the alien’s inad-
missibility or deportability. 
Such recordation shall be effective as of the date of ap-
proval of the application or as of the date of entry if such 
entry occurred prior to July 1, 1924.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents for such Act is amended by amending the item 
relating to section 249 to read as follows: 
‘‘Sec. 249. Record of admission for permanent residence in the case of certain 
aliens who entered the United States prior to January 1, 
1972.’’. 
(f) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of enactment of 
this Act and sections 208(b)(2)(A), 212(a), 240A, 240B, 
241(b)(3), and 249 of the Immigration and Nationality 
Act, as so amended, shall apply to— 
(1) all aliens in removal, deportation, or exclu-
sion proceedings; 
(2) all applications pending on, or filed after, 
the date of the enactment of this Act; and 
(3) with respect to aliens and applications de-
scribed in paragraph (1) or (2) of this subsection, 
acts and conditions constituting a ground for exclu-
sion, deportation, or removal occurring or existing 
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before, on, or after the date of the enactment of this 
Act. 
SEC. 202. TERRORIST BAR TO GOOD MORAL CHARACTER. 
(a) DEFINITION OF GOOD MORAL CHARACTER.— 
Section 101(f) of the Immigration and Nationality Act (8 
U.S.C. 1101(f)) is amended— 
(1) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) one who the Secretary of Homeland Secu-
rity or Attorney General determines to have been at 
any time an alien described in section 212(a)(3) or 
237(a)(4), which determination may be based upon 
any relevant information or evidence, including clas-
sified, sensitive, or national security information;’’; 
(2) in paragraph (8), by inserting ‘‘, regardless 
whether the crime was classified as an aggravated 
felony at the time of conviction, except that the Sec-
retary of Homeland Security or Attorney General 
may, in the unreviewable discretion of the Secretary 
or Attorney General, determine that this paragraph 
shall not apply in the case of a single aggravated fel-
ony conviction (other than murder, manslaughter, 
homicide, rape, or any sex offense when the victim 
of such sex offense was a minor) for which comple-
tion of the term of imprisonment or the sentence 
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(whichever is later) occurred 10 or more years prior 
to the date of application’’ after ‘‘(as defined in sub-
section (a)(43))’’; and 
(3) in the matter following paragraph (9), by 
striking the first sentence and inserting the fol-
lowing: ‘‘The fact that any person is not within any 
of the foregoing classes shall not preclude a discre-
tionary finding for other reasons that such a person 
is or was not of good moral character. The Secretary 
or the Attorney General shall not be limited to the 
applicant’s conduct during the period for which good 
moral character is required, but may take into con-
sideration as a basis for determination the appli-
cant’s conduct and acts at any time.’’. 
(b) AGGRAVATED FELONS.—Section 509(b) of the 
Immigration Act of 1990 (8 U.S.C. 1101 note) is amended 
to read as follows: 
‘‘(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on November 29, 1990, 
and shall apply to convictions occurring before, on or after 
such date.’’. 
(c) TECHNICAL CORRECTION TO THE INTELLIGENCE 
REFORM ACT.—Section 5504(2) of the Intelligence Re-
form and Terrorism Prevention Act of 2004 (Public Law 
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108–458) is amended by striking ‘‘adding at the end’’ and 
inserting ‘‘inserting after paragraph (8)’’. 
(d) EFFECTIVE DATE.—The amendments made by 
subsections (a) and (b) shall take effect on the date of 
enactment of this Act, shall apply to any act that occurred 
before, on, or after such date and shall apply to any appli-
cation for naturalization or any other benefit or relief, or 
any other case or matter under the immigration laws 
pending on or filed after such date. The amendments 
made by subsection (c) shall take effect as if enacted in 
the Intelligence Reform and Terrorism Prevention Act of 
2004 (Public Law 108–458). 
SEC. 203. TERRORIST BAR TO NATURALIZATION. 
(a) NATURALIZATION OF PERSONS ENDANGERING 
THE NATIONAL SECURITY.—Section 316 of the Immigra-
tion and Nationality Act (8 U.S.C. 1426) is amended by 
adding at the end the following: 
‘‘(g) PERSONS ENDANGERING THE NATIONAL SECU-
RITY.—No person shall be naturalized who the Secretary 
of Homeland Security determines to have been at any time 
an alien described in section 212(a)(3) or 237(a)(4). Such 
determination may be based upon any relevant informa-
tion or evidence, including classified, sensitive, or national 
security information.’’. 
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(b) CONCURRENT NATURALIZATION AND REMOVAL 
PROCEEDINGS.—Section 318 of the Immigration and Na-
tionality Act (8 U.S.C. 1429) is amended by striking 
‘‘other Act;’’ and inserting ‘‘other Act; and no application 
for naturalization shall be considered by the Secretary of 
Homeland Security or any court if there is pending 
against the applicant any removal proceeding or other pro-
ceeding to determine the applicant’s inadmissibility or de-
portability, or to determine whether the applicant’s lawful 
permanent resident status should be rescinded, regardless 
of when such proceeding was commenced: Provided, That 
the findings of the Attorney General in terminating re-
moval proceedings or in canceling the removal of an alien 
pursuant to the provisions of this Act, shall not be deemed 
binding in any way upon the Secretary of Homeland Secu-
rity with respect to the question of whether such person 
has established his eligibility for naturalization as required 
by this title;’’. 
(c) PENDING
DENATURALIZATION
OR
REMOVAL 
PROCEEDINGS.—Section 204(b) of the Immigration and 
Nationality Act (8 U.S.C. 1154(b)) is amended by adding 
at the end the following: ‘‘No petition shall be approved 
pursuant to this section if there is any administrative or 
judicial proceeding (whether civil or criminal) pending 
against the petitioner that could (whether directly or indi-
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rectly) result in the petitioner’s denaturalization or the 
loss of the petitioner’s lawful permanent resident status.’’. 
(d) CONDITIONAL PERMANENT RESIDENTS.—Sec-
tions 216(e) and section 216A(e) of the Immigration and 
Nationality Act (8 U.S.C. 1186a(e) and 1186b(e)) are 
each amended by striking the period at the end and insert-
ing ‘‘, if the alien has had the conditional basis removed 
pursuant to this section.’’. 
(e) DISTRICT
COURT
JURISDICTION.—Subsection 
336(b) of the Immigration and Nationality Act (8 U.S.C. 
1447(b)) is amended to read as follows: 
‘‘(b) If there is a failure to render a final administra-
tive decision under section 335 before the end of the 180- 
day period after the date on which the Secretary of Home-
land Security completes all examinations and interviews 
conducted under such section, as such terms are defined 
by the Secretary of Homeland Security pursuant to regu-
lations, the applicant may apply to the district court for 
the district in which the applicant resides for a hearing 
on the matter. Such court shall only have jurisdiction to 
review the basis for delay and remand the matter to the 
Secretary of Homeland Security for the Secretary’s deter-
mination on the application.’’. 
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United States of goods, technology, or 
sensitive information; 
‘‘(ii) any other unlawful activity; or 
‘‘(iii) any activity a purpose of which 
is the opposition to, or the control or over-
throw of, the Government of the United 
States by force, violence, or other unlawful 
means; 
is inadmissible.’’. 
SEC. 304. PROHIBITION OF THE SALE OF FIREARMS TO, OR 
THE POSSESSION OF FIREARMS BY, CERTAIN 
ALIENS. 
Section 922 of title 18, United States Code, is 
amended— 
(1) in subsection (d)(5), in subparagraph (B), 
by striking ‘‘(y)(2)’’ and all that follows and insert-
ing ‘‘(y), is in the United States not as an alien law-
fully admitted for permanent residence;’’; 
(2) in subsection (g)(5), in subparagraph (B), 
by striking ‘‘(y)(2)’’ and all that follows and insert-
ing ‘‘(y), is in the United States not as an alien law-
fully admitted for permanent residence;’’; and 
(3) in subsection (y)— 
(A) in the header, by striking ‘‘ADMITTED 
UNDER NONIMMIGRANT VISAS.—’’ and insert-
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uments necessary to the alien’s 
departure, or conspires or acts to 
prevent removal; 
‘‘(II) until the alien is removed, 
if the Secretary of Homeland Security 
certifies in writing— 
‘‘(aa) in consultation with 
the Secretary of Health and 
Human Services, that the alien 
has a highly contagious disease 
that poses a threat to public safe-
ty; 
‘‘(bb) after receipt of a writ-
ten recommendation from the 
Secretary of State, that release 
of the alien is likely to have seri-
ous adverse foreign policy con-
sequences for the United States; 
‘‘(cc) based on information 
available to the Secretary of 
Homeland 
Security 
(including 
classified, sensitive, or national 
security information, and without 
regard to the grounds upon 
which the alien was ordered re-
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