deadline, and detailed reasons why such deadline, if any, 
has not been met. 
(d) If the Secretary of Homeland Security does not 
submit a plan or fencing progress reports as required by 
subsections (b) and (c) of this section, the budget of the 
Secretary of Homeland Security shall be reduced by twen-
ty-five percent and redistributed to Customs and Border 
Protection operations along the border where the fence has 
not yet been constructed. 
SEC. 5. USE OF NATIONAL GUARD TO SUPPORT DEPART-
MENT OF HOMELAND SECURITY BORDER 
CONTROL ACTIVITIES. 
(a) DEPLOYMENT.—In addition to the members of 
the National Guard deployed along the Southern Border 
as of the date of the enactment of this Act, the Secretary 
of Defense shall provide for the deployment of not less 
than an additional 10,000 members of the National Guard 
to be made available to border State Governors along the 
Southern Border until the date on which the Secretary 
of Homeland Security certifies that the Federal Govern-
ment has achieved operational control of the Southern 
Border as defined in section 2 of this Act. 
(1) ADDITIONAL
DEPLOYMENTS.—The Sec-
retary of Defense may exceed the number specified 
in this section at the request of a Governor of a 
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State along the Southern Border if operational con-
trol of the Southern Border has not been achieved. 
(2) DEPLOYMENT AUTHORITIES.—Members of 
the National Guard required to be deployed under 
this section may be deployed under section 502(f) of 
title 32, United States Code, pursuant to a State 
border control activities plan approved under section 
112a of such title, as added by this section, or pur-
suant to the order of the Secretary of Defense under 
any other provision of law. 
(b) EXEMPTION FROM END STRENGTHS AND OTHER 
LIMITATIONS.—Members of the National Guard deployed 
pursuant to this section shall not be included in the cal-
culation to determine compliance with— 
(1) limits on end strength; or 
(2) limits on the number of National Guard 
personnel that may be placed on active duty for 
operational support. 
(c) FEDERAL ASSISTANCE FOR STATE BORDER CON-
TROL ACTIVITIES PLANS.—Title 32, United States Code, 
is amended by adding after section 115, section 116: 
‘‘§ 116. Assisting States in securing the border 
‘‘(a) FUNDING ASSISTANCE.—The Secretary of De-
fense shall provide funds to the Governor of a State who 
submits to the Secretary a State border control activities 
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plan satisfying the requirements of subsection (c). Such 
funds shall be used for the following: 
‘‘(1) The pay, allowances, clothing, subsistence, 
gratuities, travel, and related expenses, as author-
ized by State law, of personnel of the National 
Guard of that State used, while not in Federal serv-
ice, for the purpose of border control activities. 
‘‘(2) The operation and maintenance of the 
equipment and facilities of the National Guard of 
that State used for the purpose of border control ac-
tivities. 
‘‘(3) The procurement of services and equip-
ment, and the leasing of equipment, for the National 
Guard of that State used for the purpose of border 
control activities. However, the use of such funds for 
the procurement of equipment may not exceed 
$10,000 per item, unless approval for procurement 
of equipment in excess of that amount is granted in 
advance by the Secretary of Defense. 
‘‘(b) USE OF PERSONNEL PERFORMING FULL-TIME 
NATIONAL GUARD DUTY.— 
‘‘(1) Under regulations prescribed by the Sec-
retary of Defense, personnel of the National Guard 
of a State may, in accordance with the State border 
control activities plan referred to in subsection (c), 
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be ordered to perform full-time National Guard duty 
under section 502(f) of this title for the purpose of 
carrying out border control activities. 
‘‘(2) A member of the National Guard serving 
full-time National Guard duty under orders author-
ized under paragraph (1) shall participate in the 
training required under section 502(a) of this title 
in addition to the duty performed for the purpose 
authorized under that paragraph. The pay, allow-
ances, and other benefits of the member while par-
ticipating in the training shall be the same as those 
to which the member is entitled while performing 
duty for the purpose of carrying out border control 
activities. The member is not entitled to additional 
pay, allowances, or other benefits for participation in 
training required under section 502(a)(1) of this 
title. 
‘‘(3) Appropriations available for the Depart-
ment of Defense for homeland defense may be used 
for paying costs associated with a member’s partici-
pation in training described in this section. Appro-
priations available for paying those costs shall be 
available for making the reimbursements. 
‘‘(c) To ensure that the use of units and personnel 
of the National Guard of a State pursuant to a State bor-
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der control activities plan does not degrade the training 
and readiness of such units and personnel, the following 
requirements shall apply in determining the border control 
activities that units and personnel of the National Guard 
of a State may perform: 
‘‘(1) The performance of the activities may not 
adversely affect the quality of that training or other-
wise interfere with the ability of a member or unit 
of the National Guard to perform the military func-
tions of the member or unit. 
‘‘(2) National Guard personnel will not degrade 
their military skills as a result of performing the ac-
tivities. 
‘‘(3) The performance of the activities will not 
result in a significant increase in the cost of train-
ing. 
‘‘(4) In the case of border control activities per-
formed by a unit organized to serve as a unit, the 
activities will support valid unit training require-
ments. 
‘‘(d) PLAN REQUIREMENTS.—A State border control 
activities plan shall— 
‘‘(1) specify how personnel of the National 
Guard of that State are to be used in border control 
activities in support of the mission of the United 
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States Customs and Border Protection of the De-
partment of Homeland Security; 
‘‘(2) certify that those operations are to be con-
ducted at a time when the personnel involved are not 
in Federal service; 
‘‘(3) certify that participation by National 
Guard personnel in those operations is service in ad-
dition to training required under section 502 of this 
title; 
‘‘(4) certify that any engineer-type activities (as 
defined by the Secretary of Defense) under the plan 
will be performed only by units and members of the 
National Guard; 
‘‘(5) include a certification by the Attorney 
General of the State (or, in the case of a State with 
no position of Attorney General, a civilian official of 
the State equivalent to a State attorney general) 
that the use of the National Guard of the State for 
the activities proposed under the plan is authorized 
by, and is consistent with, State law; and 
‘‘(6) certify that the Governor of the State or 
a civilian law enforcement official of the State des-
ignated by the Governor has determined that any ac-
tivities included in the plan that are carried out in 
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‘‘(3) An accounting of the amount of funds pro-
vided to each State. 
‘‘(4) A description of the effect on military 
training and readiness of using units and personnel 
of the National Guard to perform activities under 
the State border control activities plans. 
‘‘(g) STATUTORY CONSTRUCTION.—Nothing in this 
section shall be construed as a limitation on the authority 
of any unit of the National Guard of a State, when such 
unit is not in Federal service, to perform law enforcement 
functions authorized to be performed by the National 
Guard by the laws of the State concerned. 
‘‘(h) BORDER CONTROL ACTIVITIES DEFINED.—The 
term ‘border control activities’, with respect to the Na-
tional Guard of a State, means the use of National Guard 
personnel in border control activities authorized by the law 
of the State and requested by the Governor of the State 
in support of the mission of the United States Customs 
and Border Protection of the Department of Homeland 
Security, including activities as follows: 
‘‘(1) Armed vehicle and foot patrols along the 
international border between the United States and 
Mexico. 
‘‘(2) Interdiction of a vehicle, vessel, aircraft or 
other similar activity. 
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‘‘(3) Search, seizure, and detention of suspects. 
‘‘(4) Construction of roads, fences, and vehicle 
barriers. 
‘‘(5) Search and rescue operations. 
‘‘(6) Intelligence gathering, surveillance, and re-
connaissance. 
‘‘(7) Aviation support.’’. 
SEC. 6. KEEPING CRIMINAL ALIENS OFF OF THE STREETS. 
(a) DETENTION, RELEASE, 
AND
REMOVAL
OF 
ALIENS ORDERED REMOVED.— 
(1) In section 241(a)(1)(A) of the Immigration 
and Nationality Act, strike ‘‘Attorney General’’ and 
insert ‘‘Secretary of Homeland Security’’. 
(2) In section 241(a)(1)(B) of the Immigration 
and Nationality Act, strike ‘‘following:’’ and insert 
‘‘following, if the alien is in the custody of the Sec-
retary on the date in question, and if the alien is not 
yet in the custody of the Secretary, then the removal 
period will start on the day the alien is taken into 
custody of the Secretary after the latest of the fol-
lowing:’’. 
(3) Strike section 241(a)(1)(C) of the Immigra-
tion and Nationality Act, and replace with: 
‘‘(C) SUSPENSION
OF
PERIOD.—The re-
moval period shall be extended beyond a period 
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of 90 days and the alien may remain in deten-
tion during such extended period if: 
‘‘(i) The alien fails or refuses to make 
timely application in good faith for travel 
or other documents necessary to the alien’s 
departure or conspires or acts to prevent 
the alien’s removal subject to an order of 
removal, or in any other way fails or re-
fuses to fully cooperate with the Secretary 
of Homeland Security’s efforts to carry out 
the removal order. 
‘‘(ii) Any court, immigration judge or 
the Board of Immigration Appeals orders a 
stay of the alien’s removal. 
‘‘(iii) Another agency takes custody of 
the alien.’’. 
(4) In section 241(a)(1)(2) of the Immigration 
and Nationality Act, strike ‘‘Attorney General’’ each 
time it appears and replace with ‘‘Secretary of 
Homeland Security’’. 
(5) Strike section 241(a)(3) of the Immigration 
and Nationality Act and replace with: 
‘‘SUPERVISION AFTER 90-DAY PERIOD.—If the 
alien does not leave or is not removed within the re-
moval period, or is not detained pursuant to para-
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graph (8) of this subsection, the alien pending re-
moval shall be subject to supervision under regula-
tions prescribed by the Secretary of Homeland Secu-
rity. The regulations shall include provisions: 
‘‘(A) Requiring the alien— 
‘‘(i) to appear before an immigration 
officer monthly for identification, and to be 
eligible for placement in detention again if 
an appearance is missed; 
‘‘(ii) to give information under oath 
about 
the 
alien’s 
nationality, 
cir-
cumstances, habits, associations, and ac-
tivities, and other information the Sec-
retary of Homeland Security considers ap-
propriate; and 
‘‘(iii) to obey reasonable restrictions 
on the alien’s conduct or activities that the 
Secretary of Homeland Security prescribes 
for the alien through regulations. 
‘‘(B) The Secretary of Homeland Security 
must ensure— 
‘‘(i) that the alien’s whereabouts are 
continually monitored electronically to pre-
vent the alien absconding; 
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‘‘(ii) that local law enforcement are 
notified upon the alien’s settlement in a 
community of the alien’s arrival and 
known criminal history; and 
‘‘(iii) that any other reasonable pre-
cautions in light of the alien’s cir-
cumstances of release are taken for the 
protection of the community, at the Fed-
eral Government’s expense.’’. 
(6) In section 241(a)(4) of the Immigration and 
Nationality Act, strike ‘‘Attorney General’’ each 
time it appears and replace with ‘‘Secretary of 
Homeland Security’’. 
(7) In section 241(a)(6) of the Immigration and 
Nationality Act, insert following ‘‘comply with the 
order of removal’’, ‘‘, in accordance with the proce-
dures in paragraph (8)’’. 
(8) Insert after paragraph (7): 
‘‘(8) DETENTION OF ALIENS FROM COUNTRIES 
REFUSING REPATRIATION.—The Secretary of Home-
land Security shall establish an administrative re-
view process through the rulemaking process, avail-
able only to those aliens who are not otherwise sub-
ject to mandatory detention, to determine whether 
and how to release those aliens who have received a 
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final order of removal, and have made all reasonable 
efforts to comply, including fully cooperating with 
the Secretary of Homeland Security, but the United 
States has been unable to return to the alien’s coun-
try of origin. 
‘‘(A) The Secretary will have the authority 
to detain the alien for 90 days beyond the re-
moval period even if this review process is not 
instituted. 
‘‘(B) At the end of the removal period, the 
Secretary shall indicate in writing if the review 
process should be initiated. 
‘‘(C) The first hearing to determine wheth-
er the alien should be released shall be held 
within 90 days after the Secretary indicates the 
review process shall be initiated. 
‘‘(D) Both the Secretary and the alien 
shall be able to present evidence during this re-
view process. 
‘‘(E) There will be further hearings every 
180 days to determine whether the alien should 
remain in detention or, if released, be again de-
tained, until the alien is removed from the 
United States or otherwise leaves the country. 
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‘‘(F) During the review process, the alien 
may continue to be detained, or, if released, 
shall be detained again, if evidence is presented 
at the first or subsequent hearing that— 
‘‘(i) there is still any significant likeli-
hood the alien may be removed, 
‘‘(ii) the alien has a highly contagious 
disease that poses a threat to public safety, 
‘‘(iii) the Secretary of State says re-
lease would have adverse foreign policy 
consequences, 
‘‘(iv) there is reason to believe based 
on classified information that releasing the 
alien would threaten the security of the 
United States, 
‘‘(v) the release of the alien would 
threaten the safety of the community or 
any individual, 
‘‘(vi) conditions of release cannot be 
expected to ensure the safety of the com-
munity, 
‘‘(vii) the alien has committed any ag-
gravated felonies as defined in section 
101(a)(43)(A) of this Act, or a crime of vi-
olence as defined in 16 U.S.C. 18, or 
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‘‘(viii) because of a mental condition 
the alien is likely to commit a crime of vio-
lence or threaten the safety of himself or 
any other person. 
‘‘(G) The review will allow one administra-
tive appeal of the outcome of the hearing. After 
the alien has exhausted his administrative rem-
edies, review of the outcome will only be avail-
able through habeas corpus proceedings under 
the U.S. District Court for the District of Co-
lumbia. 
‘‘(H) If the review determines that the 
alien should be released, the Secretary of 
Homeland Security shall provide notice to the 
chief law enforcement officers of the State and 
local jurisdiction in which the alien is released 
of the identity of the alien and the cir-
cumstances which under which he or she was 
not able to be removed or detained, and will de-
scribe what sanctions, if any, have been applied 
to the alien’s country, if the alien has not been 
removed because that country has refused to 
accept the alien.’’. 
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(b) Strike section 243(d) of the Immigration and Na-
tionality Act (8 U.S.C. 1253(d)) and replace with the fol-
lowing: 
‘‘(d) SANCTIONS ON COUNTRIES WHICH DENY OR 
DELAY ACCEPTING ALIENS.— 
‘‘(1) COUNTRIES REFUSING OR UNREASONABLY 
DELAYING REPATRIATION.—If a country for more 
than 60 days after receiving a request from an offi-
cial of the United States who is authorized to make 
such a request refuses to accept an alien who is a 
citizen, national, subject, or resident, that country 
will be considered to be refusing or unreasonably de-
laying repatriation. 
‘‘(2) REPORT.— 
‘‘(A) Within 90 days after the date of the 
enactment of this Act, the Secretary of Home-
land Security shall prepare, publish publicly to 
the Department of Homeland Security Website, 
and submit to Congress a report listing for each 
month the following: 
‘‘(i) The number of aliens without 
lawful status or presence released from the 
custody of the Department of Homeland 
Security with criminal convictions or ar-
rests, including a list of the crimes for 
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which each alien was convicted or arrested, 
the reason for the release from custody, 
and the detention status of each alien. 
‘‘(ii) The number of aliens without 
lawful status or presence that come from a 
country, which, in the previous six months, 
refused or unreasonably delaying repa-
triating its citizens, nationals, subjects, or 
residents, and will include the total number 
of aliens from each country that has re-
fused or delayed repatriation, the detention 
status of each of these aliens, and the 
criminal record of each of these aliens. 
‘‘(B) Following the first report, the Sec-
retary shall submit subsequent reports annu-
ally. If the Secretary of Homeland Security 
misses the deadline for submitting one of these 
reports by more than 90 days, any American 
citizen has a cause of action in the United 
States District Court against the Secretary to 
compel the Secretary to publish the late report. 
‘‘(3) VISAS.—Not later than 60 days after the 
first report has been submitted, and for each report 
thereafter, the Secretary of State may not issue a 
visa to any citizen, national, subject, or resident of 
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a country listed in the report. This subsection will 
apply to the country until a report pursuant to sub-
section (2) of this section is submitted to Congress 
or the Secretary of Homeland Security otherwise 
certifies that the country no longer meets the re-
quirements to be listed in the report, and the coun-
try has issued appropriate travel documents to and 
accepted every alien listed in a report that they have 
refused. If the State Department should issue a visa 
to a citizen, national, subject, or resident when it is 
not legal to do so under this section, that visa shall 
be null and void under law. If a State Department 
issues a visa when it is not legal to do so under this 
section, employees of the State Department shall no 
longer be eligible for bonuses or salary increases 
until it has revoked all such unlawful visas and 
stopped issuing such visas. 
‘‘(4) TRADE.—If a country listed in the report 
has any favored or preferred status in a trade agree-
ment with the United States, the country will lose 
that status. This sanction will apply to the country 
until another report is submitted to Congress or the 
Secretary of Homeland Security otherwise certifies 
that the country no longer meets the requirements 
to be listed in the report, and the country has issued 
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appropriate travel documents to and accepted every 
alien listed in a report that they have refused. 
‘‘(5) FOREIGN AID.—If a country listed in the 
report receives any money from the United States in 
foreign aid, the United States will discontinue all 
such aid. This sanction will apply to the country 
until another report is submitted to Congress or the 
Secretary of Homeland Security otherwise certifies 
that the country no longer meets the requirements 
to be listed in the report, and the country has issued 
appropriate travel documents to and accepted every 
alien listed in a report that they have refused.’’. 
(c) SEVERABILITY.—If any of the provisions of this 
Act is held to be invalid for any reason, the remainder 
of the Act shall not be affected by such holding. 
SEC. 7. GROUNDS OF INADMISSIBILITY AND DEPORT-
ABILITY FOR ALIEN GANG MEMBERS. 
(a) DEFINITION OF GANG MEMBER.—Section 101(a) 
of the Immigration and Nationality Act (8 U.S.C. 
1101(a)) is amended by adding at the end the following: 
‘‘(53)(A) The term ‘criminal gang’ means an 
ongoing group, club, organization, or association of 
5 or more persons that has as one of its primary 
purposes the commission of 1 or more of the fol-
lowing criminal offenses and the members of which 
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engage, or have engaged within the past 5 years, in 
a continuing series of such offenses, or that has been 
designated as a criminal gang by the Secretary of 
Homeland Security, in consultation with the Attor-
ney General, as meeting these criteria. The offenses 
described, whether in violation of Federal or State 
law or foreign law and regardless of whether the of-
fenses occurred before, on, or after the date of the 
enactment of this paragraph, are the following: 
‘‘(i) A ‘felony drug offense’ (as defined in 
section 102 of the Controlled Substances Act 
(21 U.S.C. 802)). 
‘‘(ii) An offense under section 274 (related 
to bringing in and harboring certain aliens), 
section 277 (relating to aiding or assisting cer-
tain aliens to enter the United States), or sec-
tion 278 (relating to importation of alien for 
immoral purpose). 
‘‘(iii) A crime of violence (as defined in 
section 16 of title 18, United States Code). 
‘‘(iv) A crime involving obstruction of jus-
tice, tampering with or retaliating against a 
witness, victim, or informant, or burglary. 
‘‘(v) Any conduct punishable under sec-
tions 1028 and 1029 of title 18, United States 
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Code (relating to fraud and related activity in 
connection with identification documents or ac-
cess devices), sections 1581 through 1594 of 
such title (relating to peonage, slavery and traf-
ficking in persons), section 1952 of such title 
(relating to interstate and foreign travel or 
transportation in aid of racketeering enter-
prises), section 1956 of such title (relating to 
the laundering of monetary instruments), sec-
tion 1957 of such title (relating to engaging in 
monetary transactions in property derived from 
specified unlawful activity), or sections 2312 
through 2315 of such title (relating to inter-
state transportation of stolen motor vehicles or 
stolen property). 
‘‘(vi) A conspiracy to commit an offense 
described in clauses (i) through (v). 
‘‘(B) Notwithstanding any other provision of 
law (including any effective date), the term applies 
regardless of whether the conduct occurred before, 
on, or after the date of enactment of this para-
graph.’’. 
(b) INADMISSIBILITY.—Section 212(a)(2) of such Act 
(8 U.S.C. 1182(a)(2)), is amended by adding at the end 
the following: 
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‘‘(J) ALIENS ASSOCIATED WITH CRIMINAL 
GANGS.—Any alien is inadmissible who a con-
sular officer, the Secretary of Homeland Secu-
rity, or the Attorney General knows or has rea-
son to believe— 
‘‘(i) to be or to have been a member 
of a criminal gang (as defined in section 
101(a)(53)); or 
‘‘(ii) to have participated in the activi-
ties of a criminal gang (as defined in sec-
tion 101(a)(53)), knowing or having reason 
to know that such activities will promote, 
further, aid, or support the illegal activity 
of the criminal gang.’’. 
(c) DEPORTABILITY.—Section 237(a)(2) of the Im-
migration and Nationality Act (8 U.S.C. 1227(a)(2)), is 
amended by adding at the end the following: 
‘‘(G) ALIENS ASSOCIATED WITH CRIMINAL 
GANGS.—Any alien is deportable who the Sec-
retary of Homeland Security or the Attorney 
General knows or has reason to believe— 
‘‘(i) is or has been a member of a 
criminal gang (as defined in section 
101(a)(53)); or 
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‘‘(ii) has participated in the activities 
of a criminal gang (as so defined), knowing 
or having reason to know that such activi-
ties will promote, further, aid, or support 
the illegal activity of the criminal gang.’’. 
(d) DESIGNATION.— 
(1) IN GENERAL.—The Immigration and Na-
tionality Act (8 U.S.C. 1182) is amended by insert-
ing after section 219 the following: 
‘‘SEC. 220. DESIGNATION OF CRIMINAL STREET GANG. 
‘‘(a) DESIGNATION.—The Secretary of Homeland Se-
curity, in consultation with the Attorney General and the 
Secretary of State, may designate a group or association 
as a criminal street gang if its conduct is described in sec-
tion 101(a)(53) or if the group or association conduct 
poses a significant risk that threatens the security and the 
public safety, national security, homeland security, foreign 
policy, or economy of the United States. 
‘‘(b) EFFECTIVE DATE.—Designations under sub-
section (a) shall remain in effect until the designation is 
revoked after consultation between the Secretary of Home-
land Security, the Attorney General, and the Secretary of 
State or is terminated in accordance with Federal law. 
The Secretary shall notify the Senate Judiciary Com-
mittee and the House Judiciary Committee of any revoca-
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tion of designation at least 30 days before the revocation 
takes effect.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents for such Act is amended by inserting after the 
item relating to section 219 the following: 
‘‘Sec. 220. Designation of criminal street gang.’’. 
(e) MANDATORY DETENTION.— 
(1) IN GENERAL.—Section 236(c)(1)(D) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1226(c)(1)(D)) is amended— 
(A) by inserting ‘‘or 212(a)(2)(J),’’ after 
‘‘212(a)(3)(B)’’; and 
(B) by inserting ‘‘or 237(a)(2)(G),’’ before 
‘‘237(a)(4)(B)’’. 
(2) ANNUAL REPORT.—Not later than 180 days 
after the end of each fiscal year, the Secretary of 
Homeland Security, after consultation with the De-
partment of Justice, shall submit a report to the 
Committees on the Judiciary of the House of Rep-
resentatives and of the Senate on the number of 
aliens detained under the amendments made by 
paragraph (1). 
(f) ASYLUM
CLAIMS
BASED
ON
GANG
AFFILI-
ATION.— 
(1) INAPPLICABILITY OF RESTRICTION ON RE-
MOVAL
TO
CERTAIN
COUNTRIES.—Section 
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