(B) in paragraph (2), by striking ‘‘impris-
oned not more than 20 years,’’ and insert ‘‘im-
prisoned for a term of not less than 10 years 
and not more than 20 years,’’; 
(C) in paragraph (3), by striking ‘‘. or’’ 
and inserting ‘‘; or’’; 
(D) in paragraph (4), by striking ‘‘impris-
oned for not more than 10 years,’’ and insert 
‘‘imprisoned for a term of not less than 5 years 
and not more than 10 years,’’; and 
(E) by adding at the end the following: 
‘‘The prior convictions in paragraphs (1) and 
(2) are elements of enhanced crimes and the 
penalties under such paragraphs shall apply 
only where the conviction (or convictions) that 
form the basis for the additional penalty are al-
leged in the indictment or information and are 
proven beyond a reasonable doubt at trial or 
admitted by the defendant in pleading guilty. 
Any admissible evidence may be used to show 
that the prior conviction is a qualifying crime 
and the criminal trial for a violation of either 
such paragraph shall not be bifurcated.’’;
(3) in subsections (b)(3), (b)(4), and (c), by 
striking ‘‘Attorney General’’ and inserting ‘‘Sec-
retary of Homeland Security’’ each place it appears; 
(4) in subsection (c), by striking ‘‘242(h)(2)’’ 
and inserting ‘‘241(a)(4)’’; and 
(5) by adding at the end the following new sub-
section: 
‘‘(e) For purposes of this section, the term ‘attempts 
to enter’ refers to the general intent of the alien to enter 
the United States and does not refer to the intent of the 
alien to violate the law.’’. 
SEC. 205. MANDATORY SENTENCING RANGES FOR PERSONS 
AIDING OR ASSISTING CERTAIN REENTERING 
ALIENS. 
Section 277 of the Immigration and Nationality Act 
(8 U.S.C. 1327) is amended— 
(1) by striking ‘‘Any person’’ and inserting ‘‘(a) 
Subject to subsection (b), any person’’; and 
(2) by adding at the end the following: 
‘‘(b)(1) Any person who knowingly aids or assists any 
alien violating section 276(b) to reenter the United States, 
or who connives or conspires with any person or persons 
to allow, procure, or permit any such alien to reenter the 
United States, shall be fined under title 18, United States
Code, imprisoned for a term imposed under paragraph (2), 
or both. 
‘‘(2) The term of imprisonment imposed under para-
graph (1) shall be within the range to which the reentering 
alien is subject under section 276(b).’’. 
SEC. 206. PROHIBITING CARRYING OR USING A FIREARM 
DURING AND IN RELATION TO AN ALIEN 
SMUGGLING CRIME. 
Section 924(c) of title 18, United States Code, is 
amended— 
(1) in paragraphs (1)(A) and (1)(D)(ii), by in-
serting ‘‘, alien smuggling crime,’’ after ‘‘crime of vi-
olence’’ each place it appears; 
(2) by redesignating paragraph (4) as subpara-
graph (5); and 
(3) by inserting after paragraph (3) the fol-
lowing new paragraph: 
‘‘(4) For purposes of this subsection, the term ‘alien 
smuggling crime’ means any felony punishable under sec-
tion 274(a), 277, or 278 of the Immigration and Nation-
ality Act (8 U.S.C. 1324(a), 1327, or 1328).’’. 
SEC. 207. CLARIFYING CHANGES. 
(a) EXCLUSION BASED ON FALSE CLAIM OF NA-
TIONALITY.—
(1) IN GENERAL.—Section 212(a)(6)(C)(ii) of 
the Immigration and Nationality Act (8 U.S.C. 
1182(a)(6)(C)(ii)) is amended— 
(A) in the heading, by inserting ‘‘OR NA-
TIONALITY’’ after ‘‘CITIZENSHIP’’; and 
(B) by inserting ‘‘or national’’ after ‘‘cit-
izen’’ each place it appears. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect on the date of the 
enactment of this Act and shall apply to acts occur-
ring before, on, or after such date. 
(b) SHARING OF INFORMATION.—Section 290(b) of 
such Act (8 U.S.C. 1360(b)) is amended— 
(1) by inserting ‘‘, or as to any person seeking 
any benefit or privilege under the immigration 
laws,’’ after ‘‘United States’’; 
(2) by striking ‘‘Service’’ and inserting ‘‘Sec-
retary of Homeland Security’’; and 
(3) by striking ‘‘Attorney General’’ and insert-
ing ‘‘Secretary’’. 
(c) 
EXCEPTIONS
AUTHORITY.—Section 
212(a)(3)(B)(ii) of such Act (8 U.S.C. 1182(a)(3)(B)(ii)) 
is amended by striking ‘‘Subclause (VII)’’ and inserting 
‘‘Subclause (IX)’’.
SEC. 208. VOLUNTARY DEPARTURE REFORM. 
(a) ENCOURAGING ALIENS
TO DEPART VOLUN-
TARILY.— 
(1) AUTHORITY.—Subsection (a) of section 
240B of the Immigration and Nationality Act (8 
U.S.C. 1229c) is amended— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) IN LIEU OF REMOVAL PROCEEDINGS.—The 
Secretary of Homeland Security may permit an alien 
voluntarily to depart the United States at the alien’s 
own expense under this subsection, in lieu of being 
subject to proceedings under section 240, if the alien 
is not described in section 237(a)(2)(A)(iii) or sec-
tion 237(a)(4).’’; 
(B) by striking paragraph (3); 
(C) by redesignating paragraph (2) as 
paragraph (3); 
(D) by inserting after paragraph (1) the 
following new paragraph: 
‘‘(2) PRIOR TO THE CONCLUSION OF REMOVAL 
PROCEEDINGS.—After removal proceedings under 
section 240 are initiated, the Attorney General may 
permit an alien voluntarily to depart the United 
States at the alien’s own expense under this sub-
section, prior to the conclusion of such proceedings
before an immigration judge, if the alien is not de-
scribed in section 237(a)(2)(A)(iii) or section 
237(a)(4).’’; and 
(E) in paragraph (4), by striking ‘‘para-
graph (1)’’ and inserting ‘‘paragraphs (1) and 
(2)’’. 
(2) VOLUNTARY
DEPARTURE
PERIOD.—Such 
section is further amended— 
(A) in subsection (a)(3), as redesignated 
by paragraph (1)(C)— 
(i) by amending subparagraph (A) to 
read as follows: 
‘‘(A) IN LIEU OF REMOVAL.—Subject to 
subparagraph (C), permission to depart volun-
tarily under paragraph (1) shall not be valid for 
a period exceeding 120 days. The Secretary of 
Homeland Security may require an alien per-
mitted to depart voluntarily under paragraph 
(1) to post a voluntary departure bond, to be 
surrendered upon proof that the alien has de-
parted the United States within the time speci-
fied.’’; 
(ii) in subparagraph (B), by striking 
‘‘subparagraphs (C) and (D)(ii)’’ and in-
serting ‘‘subparagraphs (D) and (E)(ii)’’;
(iii) in subparagraphs (C) and (D), by 
striking ‘‘subparagraph (B)’’ and inserting 
‘‘subparagraph (C)’’ each place it appears; 
(iv) by redesignating subparagraphs 
(B), (C), and (D) as subparagraphs (C), 
(D), and (E), respectively; and 
(v) by inserting after subparagraph 
(A) the following new subparagraph: 
‘‘(B) PRIOR TO THE CONCLUSION OF RE-
MOVAL
PROCEEDINGS.—Permission to depart 
voluntarily under paragraph (2) shall not be 
valid for a period exceeding 60 days, and may 
be granted only after a finding that the alien 
has established that the alien has the means to 
depart the United States and intends to do so. 
An alien permitted to depart voluntarily under 
paragraph (2) must post a voluntary departure 
bond, in an amount necessary to ensure that 
the alien will depart, to be surrendered upon 
proof that the alien has departed the United 
States within the time specified. An immigra-
tion judge may waive posting of a voluntary de-
parture bond in individual cases upon a finding 
that the alien has presented compelling evidence 
that the posting of a bond will be a serious fi-
nancial hardship and the alien has presented 
credible evidence that such a bond is unneces-
sary to guarantee timely departure.’’; and 
(B) in subsection (b)(2), by striking ‘‘60 
days’’ and inserting ‘‘45 days’’. 
(3) VOLUNTARY
DEPARTURE
AGREEMENTS.— 
Subsection (c) of such section is amended to read as 
follows: 
‘‘(c) CONDITIONS ON VOLUNTARY DEPARTURE.— 
‘‘(1) VOLUNTARY
DEPARTURE
AGREEMENT.— 
Voluntary departure will be granted only as part of 
an affirmative agreement by the alien. A voluntary 
departure agreement under subsection (b) shall in-
clude a waiver of the right to any further motion, 
appeal, application, petition, or petition for review 
relating to removal or relief or protection from re-
moval. 
‘‘(2) CONCESSIONS
BY
THE
SECRETARY.—In 
connection with the alien’s agreement to depart vol-
untarily under paragraph (1), the Secretary of 
Homeland Security in the exercise of discretion may 
agree to a reduction in the period of inadmissibility 
under subparagraph (A) or (B)(i) of section 
212(a)(9).
‘‘(3) FAILURE TO COMPLY WITH AGREEMENT 
AND
EFFECT
OF
FILING
TIMELY
APPEAL.—If an 
alien agrees to voluntary departure under this sec-
tion and fails to depart the United States within the 
time allowed for voluntary departure or fails to com-
ply with any other terms of the agreement (including 
a failure to timely post any required bond), the alien 
automatically becomes ineligible for the benefits of 
the agreement, subject to the penalties described in 
subsection (d), and subject to an alternate order of 
removal if voluntary departure was granted under 
subsection (a)(2) or (b). However, if an alien agrees 
to voluntary departure but later files a timely appeal 
of the immigration judge’s decision granting vol-
untary departure, the alien may pursue the appeal 
instead of the voluntary departure agreement. Such 
appeal operates to void the alien’s voluntary depar-
ture agreement and the consequences thereof, but 
the alien may not again be granted voluntary depar-
ture while the alien remains in the United States.’’. 
(4) ELIGIBILITY.—Subsection (e) of such sec-
tion is amended to read as follows: 
‘‘(e) ELIGIBILITY.— 
‘‘(1) PRIOR
GRANT
OF
VOLUNTARY
DEPAR-
TURE.—An alien shall not be permitted to depart
voluntarily under this section if the Secretary of 
Homeland Security or the Attorney General pre-
viously permitted the alien to depart voluntarily. 
‘‘(2) ADDITIONAL
LIMITATIONS.—The Sec-
retary of Homeland Security may by regulation limit 
eligibility or impose additional conditions for vol-
untary departure under subsection (a)(1) for any 
class or classes of aliens. The Secretary or Attorney 
General may by regulation limit eligibility or impose 
additional conditions for voluntary departure under 
subsection (a)(2) or (b) for any class or classes of 
aliens. Notwithstanding any other provision of law 
(statutory or nonstatutory), including section 2241 
of title 28, United States Code, or any other habeas 
corpus provision, and section 1361 and 1651 of such 
title, no court may review any regulation issued 
under this subsection.’’. 
(b) AVOIDING
DELAYS
IN
VOLUNTARY
DEPAR-
TURE.— 
(1) ALIEN’S OBLIGATION TO DEPART WITHIN 
THE
TIME
ALLOWED.—Subsection (c) of section 
240B of the Immigration and Nationality Act (8 
U.S.C. 1229c), as amended by subsection (a), is fur-
ther amended by adding at the end the following 
new paragraph:
‘‘(4) VOLUNTARY DEPARTURE PERIOD NOT AF-
FECTED.—Except as expressly agreed to by the Sec-
retary of Homeland Security in writing in the exer-
cise of the Secretary’s discretion before the expira-
tion of the period allowed for voluntary departure, 
no motion, appeal, application, petition, or petition 
for review shall affect, reinstate, enjoin, delay, stay, 
or toll the alien’s obligation to depart from the 
United States during the period agreed to by the 
alien and the Secretary.’’ 
(2) NO TOLLING.—Subsection (f) of such sec-
tion is amended by adding at the end the following 
new sentence: ‘‘Notwithstanding any other provision 
of law (statutory or nonstatutory), including section 
2241 of title 28, United States Code, or any other 
habeas corpus provision, and section 1361 and 1651 
of such title, no court shall have jurisdiction to af-
fect, reinstate, enjoin, delay, stay, or toll the period 
allowed for voluntary departure under this section.’’. 
(c) PENALTIES FOR FAILURE TO DEPART VOLUN-
TARILY.— 
(1) PENALTIES
FOR
FAILURE
TO
DEPART.— 
Subsection (d) of section 240B of the Immigration 
and Nationality Act (8 U.S.C. 229c) is amended to 
read as follows:
‘‘(d) PENALTIES FOR FAILURE TO DEPART.—If an 
alien is permitted to depart voluntarily under this section 
and fails voluntarily to depart from the United States 
within the time period specified or otherwise violates the 
terms of a voluntary departure agreement, the following 
provisions apply: 
‘‘(1) CIVIL PENALTY.— 
‘‘(A) IN GENERAL.—The alien will be liable 
for a civil penalty of $3,000. 
‘‘(B) SPECIFICATION
IN
ORDER.—The 
order allowing voluntary departure shall specify 
the amount of the penalty, which shall be ac-
knowledged by the alien on the record. 
‘‘(C) COLLECTION.—If the Secretary of 
Homeland Security thereafter establishes that 
the alien failed to depart voluntarily within the 
time allowed, no further procedure will be nec-
essary to establish the amount of the penalty, 
and the Secretary may collect the civil penalty 
at any time thereafter and by whatever means 
provided by law. 
‘‘(D) INELIGIBILITY FOR BENEFITS.—An 
alien will be ineligible for any benefits under 
this title until any civil penalty under this sub-
section is paid.
‘‘(2) INELIGIBILITY
FOR
RELIEF.—The alien 
will be ineligible during the time the alien remains 
in the United States and for a period of 10 years 
after the alien’s departure for any further relief 
under this section and sections 240A, 245, 248, and 
249. 
‘‘(3) REOPENING.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the alien will be ineligible to reopen 
a final order of removal which took effect upon 
the alien’s failure to depart, or the alien’s viola-
tion of the conditions for voluntary departure, 
during the period described in paragraph (2). 
‘‘(B) 
EXCEPTION.—Subparagraph 
(A) 
does not preclude a motion to reopen to seek 
withholding of removal under section 241(b)(3) 
or protection against torture. 
The order permitting the alien to depart voluntarily 
under this section shall inform the alien of the pen-
alties under this subsection.’’. 
(2) IMPLEMENTATION OF EXISTING STATUTORY 
PENALTIES.—The Secretary of Homeland Security 
shall implement regulations to provide for the impo-
sition and collection of penalties for failure to depart