729 
(C) to ensure compliance with require-
ments of this section. 
(2) ACTIONS
BY
THE
SECRETARY
OF
HOME-
LAND SECURITY.— 
(A) SUMS RECOVERED.—Any sums recov-
ered by the Secretary on behalf of a worker 
under paragraph (1) or through liquidation of 
the bond held pursuant to section 3606 shall be 
held in a special deposit account and shall be 
paid, on order of the Secretary, directly to each 
worker affected. Any such sums not paid to a 
worker because of inability to do so within a pe-
riod of 5 years shall be credited as an offsetting 
collection to the appropriations account of the 
Secretary for expenses for the administration of 
this section and shall remain available to the 
Secretary until expended or may be used for en-
forcement of the laws within the jurisdiction of 
the wage and hour division or may be trans-
ferred to the Secretary of Health and Human 
Services for the purpose of providing support to 
programs that provide assistance to victims of 
trafficking in persons or other exploited per-
sons. The Secretary shall work with any attor-
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ney or organization representing workers to lo-
cate workers owed sums under this section. 
(B) REPRESENTATION.—Except as pro-
vided in section 518(a) of title 28, United 
States Code, the Attorney General may appear 
for and represent the Secretary in any civil liti-
gation brought under this paragraph. All such 
litigation shall be subject to the direction and 
control of the Attorney General. 
(3) ACTIONS BY INDIVIDUALS.— 
(A) AWARD.—If the court finds in a civil 
action filed by an individual under this section 
that the defendant has violated any provision of 
this subtitle (or any regulation issued pursuant 
to this subtitle), the court may award— 
(i) damages, up to and including an 
amount equal to the amount of actual 
damages, and statutory damages of up to 
$1,000 per plaintiff per violation, or other 
equitable relief, except that with respect to 
statutory damages— 
(I) multiple infractions of a sin-
gle provision of this subtitle (or of a 
regulation under this subtitle) shall 
constitute only 1 violation for pur-
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731 
poses of section 3602(a) to determine 
the amount of statutory damages due 
a plaintiff; and 
(II) if such complaint is certified 
as a class action the court may 
award— 
(aa) damages up to an 
amount equal to the amount of 
actual damages; and 
(bb) statutory damages of 
not more than the lesser of up to 
$1,000 per class member per vio-
lation, or up to $500,000; and 
other equitable relief; 
(ii) reasonable attorneys’ fees and 
costs; and 
(iii) such other and further relief, in-
cluding declaratory and injunctive relief, as 
necessary to effectuate the purposes of this 
subtitle. 
(B) 
CRITERIA.—In 
determining 
the 
amount of statutory damages to be awarded 
under subparagraph (A), the court is author-
ized to consider whether an attempt was made 
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732 
to resolve the issues in dispute before the resort 
to litigation. 
(C) BOND.—To satisfy the damages, fees, 
and costs found owing under this clause, the 
Secretary shall release as much of the bond 
held pursuant to section 3606 as necessary. 
(D) APPEAL.—Any civil action brought 
under this section shall be subject to appeal as 
provided in chapter 83 of title 28, United 
States Code (28 U.S.C. 1291 et seq.). 
(E) ACCESS
TO
LEGAL
SERVICES
COR-
PORATION.—Notwithstanding any other provi-
sion of law, the Legal Services Corporation and 
recipients of its funding may provide legal as-
sistance on behalf of any alien with respect to 
any provision of this subtitle. 
(g) AGENCY LIABILITY.— 
(1) IN GENERAL.—Beginning 180 days after 
the Secretary has promulgated regulations pursuant 
to section 3605(c), an employer who retains the 
services of a foreign labor contractor shall only use 
those foreign labor contractors who are registered 
under section 3605. 
(2) SAFE HARBOR.—An employer shall not have 
any liability under this section if the employer hires 
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733 
workers referred by a foreign labor contractor that 
has a valid registration with the Department pursu-
ant to section 3604. 
(3) LIABILITY
FOR
AGENTS.—Foreign labor 
contractors shall be subject to the provisions of this 
section for violations committed by the foreign labor 
contractor’s agents or subcontractees of any level in 
relation to their foreign labor contracting activity to 
the same extent as if the foreign labor contractor 
had committed the violation. 
(h) RETALIATION.— 
(1) IN GENERAL.—No person shall intimidate, 
threaten, restrain, coerce, discharge, or in any other 
manner discriminate or retaliate against any worker 
or their family members (including a former em-
ployee or an applicant for employment) because such 
worker disclosed information to any person that the 
worker reasonably believes evidences a violation of 
this section (or any rule or regulation pertaining to 
this section), including seeking legal assistance of 
counsel or cooperating with an investigation or other 
proceeding concerning compliance with this section 
(or any rule or regulation pertaining to this section). 
(2) ENFORCEMENT.—An individual who is sub-
ject to any conduct described in paragraph (1) may, 
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734 
in a civil action, recover appropriate relief, including 
reasonable attorneys’ fees and costs, with respect to 
that violation. Any civil action under this subpara-
graph shall be stayed during the pendency of any 
criminal action arising out of the violation. 
(i) WAIVER OF RIGHTS.—Agreements by employees 
purporting to waive or to modify their rights under this 
subtitle shall be void as contrary to public policy. 
(j) PRESENCE DURING PENDENCY OF ACTIONS.— 
(1) IN GENERAL.—If other immigration relief is 
not available, the Attorney General and the Sec-
retary shall grant advance parole to permit a non-
immigrant to remain legally in the United States for 
time sufficient to fully and effectively participate in 
all legal proceedings related to any action taken pur-
suant to this section. 
(2) REGULATIONS.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary shall promulgate regulations to carry out 
paragraph (1). 
SEC. 3611. DETECTING AND PREVENTING CHILD TRAF-
FICKING. 
The Secretary shall mandate the live training of all 
U.S. Customs and Border Protection personnel who are 
likely to come into contact with unaccompanied alien chil-
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dren. Such training shall incorporate the services of child 
welfare professionals with expertise in culturally com-
petent, trauma-centered, and developmentally appropriate 
interviewing skills to assist U.S. Customs and Border Pro-
tection in the screening of children attempting to enter 
the United States. 
SEC. 3612. PROTECTING CHILD TRAFFICKING VICTIMS. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Child Trafficking Victims Protection Act’’. 
(b) DEFINED TERM.—In this section, the term ‘‘un-
accompanied alien children’’ has the meaning given such 
term in section 462 of the Homeland Security Act of 2002 
(6 U.S.C. 279). 
(c) CARE AND TRANSPORTATION.—Notwithstanding 
any other provision of law, the Secretary shall ensure that 
all unaccompanied alien children who will undergo any im-
migration proceedings before the Department or the Exec-
utive Office for Immigration Review are duly transported 
and placed in the care and legal and physical custody of 
the Office of Refugee Resettlement not later than 72 
hours after their apprehension absent exceptional cir-
cumstances, including a natural disaster or comparable 
emergency beyond the control of the Secretary or the Of-
fice of Refugee Resettlement. The Secretary, to the extent 
practicable, shall ensure that female officers are continu-
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736 
ously present during the transfer and transport of female 
detainees who are in the custody of the Department. 
(d) QUALIFIED RESOURCES.— 
(1) IN GENERAL.—The Secretary shall provide 
adequately trained and qualified staff and resources, 
including the accommodation of child welfare offi-
cials, in accordance with subsection (e), at U.S. Cus-
toms and Border Protection ports of entry and sta-
tions. 
(2) CHILD
WELFARE
PROFESSIONALS.—The 
Secretary of Health and Human Services, in con-
sultation with the Secretary, shall hire, on a full- or 
part-time basis, child welfare professionals who will 
provide assistance, either in person or by other ap-
propriate methods of communication, in not fewer 
than 7 of the U.S. Customs and Border Protection 
offices or stations with the largest number of unac-
companied alien child apprehensions in the previous 
fiscal year. 
(e) CHILD WELFARE PROFESSIONALS.— 
(1) IN GENERAL.—The Secretary, in consulta-
tion with the Secretary of Health and Human Serv-
ices, shall ensure that qualified child welfare profes-
sionals with expertise in culturally competent, trau-
ma-centered, and developmentally appropriate inter-
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viewing skills are available at each major port of 
entry described in subsection (d). 
(2) DUTIES.—Child welfare professionals de-
scribed in paragraph (1) shall— 
(A) develop guidelines for treatment of un-
accompanied alien children in the custody of the 
Department; 
(B) conduct screening of all unaccom-
panied alien children in accordance with section 
235(a)(4) of the William Wilberforce Traf-
ficking Victims Protection Reauthorization Act 
of 2008 (8 U.S.C. 1232(a)(4)); 
(C) notify the Department and the Office 
of Refugee Resettlement of children that poten-
tially meet the notification and transfer require-
ments set forth in subsections (a) and (b) of 
section 235 of such Act (8 U.S.C. 1232); 
(D) interview adult relatives accompanying 
unaccompanied alien children; 
(E) provide an initial family relationship 
and trafficking assessment and recommenda-
tions regarding unaccompanied alien children’s 
initial placements to the Office of Refugee Re-
settlement, which shall be conducted in accord-
ance with the time frame set forth in sub-
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738 
sections (a)(4) and (b)(3) of section 235 of 
such Act (8 U.S.C. 1232); and 
(F) ensure that each unaccompanied alien 
child in the custody of U.S. Customs and Bor-
der Protection— 
(i) receives emergency medical care 
when necessary; 
(ii) receives emergency medical and 
mental health care that complies with the 
standards adopted pursuant to section 8(c) 
of the Prison Rape Elimination Act of 
2003 (42 U.S.C. 15607(c)) whenever nec-
essary, including in cases in which a child 
is at risk to harm himself, herself, or oth-
ers; 
(iii) is provided with climate appro-
priate clothing, shoes, basic personal hy-
giene and sanitary products, a pillow, lin-
ens, and sufficient blankets to rest at a 
comfortable temperature; 
(iv) receives adequate nutrition; 
(v) enjoys a safe and sanitary living 
environment; 
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739 
(vi) has access to daily recreational 
programs and activities if held for a period 
longer than 24 hours; 
(vii) has access to legal services and 
consular officials; and 
(viii) is permitted to make supervised 
phone calls to family members. 
(3) FINAL
DETERMINATIONS.—The Office of 
Refugee Resettlement in accordance with applicable 
policies and procedures for sponsors, shall submit 
final determinations on family relationships to the 
Secretary, who shall consider such adult relatives for 
community-based support alternatives to detention. 
(4) REPORT.—Not later than 18 months after 
the date of the enactment of this Act, and annually 
thereafter, the Secretary shall submit a report to 
Congress that— 
(A) describes the screening procedures 
used by the child welfare professionals to screen 
unaccompanied alien children; 
(B) assesses the effectiveness of such 
screenings; and 
(C) includes data on all unaccompanied 
alien children who were screened by child wel-
fare professionals; 
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740 
(f) IMMEDIATE NOTIFICATION.—The Secretary shall 
notify the Office of Refugee Resettlement of an unaccom-
panied alien child in the custody of the Department as 
soon as practicable, but generally not later than 48 hours 
after the Department encounters the child, to effectively 
and efficiently coordinate the child’s transfer to and place-
ment with the Office of Refugee Resettlement. 
(g) NOTICE OF RIGHTS AND RIGHT TO ACCESS TO 
COUNSEL.— 
(1) IN GENERAL.—The Secretary shall ensure 
that all unaccompanied alien children, upon appre-
hension, are provided— 
(A) an interview and screening with a child 
welfare professional described in subsection 
(e)(1); and 
(B) an orientation and oral and written 
notice of their rights under the Immigration 
and Nationality Act, including— 
(i) their right to relief from removal; 
(ii) their right to confer with counsel 
(as guaranteed under section 292 of such 
Act (8 U.S.C. 1362)), family, or friends 
while in the temporary custody of the De-
partment; and 
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741 
(iii) relevant complaint mechanisms to 
report any abuse or misconduct they may 
have experienced. 
(2) LANGUAGES.—The Secretary shall ensure 
that— 
(A) the video orientation and written no-
tice of rights described in paragraph (1) is 
available in English and in the 5 most common 
native languages spoken by the unaccompanied 
children held in custody at that location during 
the preceding fiscal year; and 
(B) the oral notice of rights is available in 
English and in the most common native lan-
guage spoken by the unaccompanied children 
held in custody at that location during the pre-
ceding fiscal year. 
(h) CONFIDENTIALITY.—The Secretary of Health 
and Human Services shall maintain the privacy and con-
fidentiality of all information gathered in the course of 
providing care, custody, placement, and follow-up services 
to unaccompanied alien children, consistent with the best 
interest of the unaccompanied alien child, by not dis-
closing such information to other government agencies or 
nonparental third parties unless such disclosure is— 
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742 
(1) recorded in writing and placed in the child’s 
file; 
(2) in the child’s best interest; and 
(3)(A) authorized by the child or by an ap-
proved sponsor in accordance with section 235 of the 
William Wilberforce Trafficking Victims Protection 
Reauthorization Act of 2008 (8 U.S.C. 1232) and 
the Health Insurance Portability and Accountability 
Act (Public Law 104–191); or 
(B) provided to a duly recognized law enforce-
ment entity to prevent imminent and serious harm 
to another individual. 
(i) OTHER POLICIES AND PROCEDURES.—The Sec-
retary shall adopt fundamental child protection policies 
and procedures— 
(1) for reliable age determinations of children, 
developed in consultation with medical and child wel-
fare experts, which exclude the use of fallible foren-
sic testing of children’s bone and teeth; 
(2) to utilize all legal authorities to defer the 
child’s removal if the child faces a risk of life-threat-
ening harm upon return including due to the child’s 
mental health or medical condition; and 
(3) to ensure, in accordance with the Juvenile 
Justice and Delinquency Prevention Act of 1974 (42 
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743 
U.S.C. 5601 et seq.), that unaccompanied alien chil-
dren, while in detention, are— 
(A) physically separated from any adult 
who is not an immediate family member; and 
(B) separated from— 
(i) immigration detainees and inmates 
with criminal convictions; 
(ii) pretrial inmates facing criminal 
prosecution; and 
(iii) inmates exhibiting violent behav-
ior. 
(j) REPATRIATION
AND
REINTEGRATION
PRO-
GRAM.— 
(1) IN
GENERAL.—The Administrator of the 
United States Agency for International Develop-
ment, in conjunction with the Secretary, the Sec-
retary of Health and Human Services, the Attorney 
General, international organizations, and nongovern-
mental organizations in the United States with ex-
pertise in repatriation and reintegration, shall create 
a multi-year program to develop and implement best 
practices and sustainable programs in the United 
States and within the country of return to ensure 
the safe and sustainable repatriation and reintegra-
tion of unaccompanied alien children into their coun-
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744 
try of nationality or of last habitual residence, in-
cluding placement with their families, legal guard-
ians, or other sponsoring agencies. 
(2) REPORT
ON
REPATRIATION
AND
RE-
INTEGRATION
OF
UNACCOMPANIED
ALIEN
CHIL-
DREN.—Not later than 18 months after the date of 
the enactment of this Act, and annually thereafter, 
the Administrator of the Agency for International 
Development shall submit a substantive report to the 
Committee on the Judiciary of the Senate and the 
Committee on the Judiciary of the House of Rep-
resentatives on efforts to improve repatriation and 
reintegration programs for unaccompanied alien chil-
dren. 
(k) TRANSFER OF FUNDS.— 
(1) AUTHORIZATION.—The Secretary, in ac-
cordance with a written agreement between the Sec-
retary and the Secretary of Health and Human 
Services, shall transfer such amounts as may be nec-
essary to carry out the duties described in subsection 
(f)(2) from amounts appropriated for U.S. Customs 
and Border Protection to the Department of Health 
and Human Services. 
(2) REPORT.—Not later than 15 days before 
any proposed transfer under paragraph (1), the Sec-
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745 
retary of Health and Human Services, in consulta-
tion with the Secretary, shall submit a detailed ex-
penditure plan that describes the actions proposed to 
be taken with amounts transferred under such para-
graph to— 
(A) the Committee on Appropriations of 
the Senate; and 
(B) the Committee on Appropriations of 
the House of Representatives. 
SEC. 3613. RULE OF CONSTRUCTION. 
Nothing in this subtitle shall be construed to preempt 
or alter any other rights or remedies, including any causes 
of action, available under any other Federal or State law. 
SEC. 3614. REGULATIONS. 
The Secretary shall, in consultation with the Sec-
retary of Labor, prescribe regulations to implement this 
subtitle and to develop policies and procedures to enforce 
the provisions of this subtitle. 
Subtitle G—Interior Enforcement 
SEC. 3701. CRIMINAL STREET GANGS. 
(a) INADMISSIBILITY.—Section 212(a)(2) (8 U.S.C. 
1182(a)(2)) is amended by inserting after subparagraph 
(I) the following: 
‘‘(J) 
ALIENS
IN
CRIMINAL
STREET 
GANGS.— 
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746 
‘‘(i) IN GENERAL.—Any alien is inad-
missible— 
‘‘(I) who has been convicted of 
an offense for which an element was 
active participation in a criminal 
street gang (as defined in section 
521(a) of title 18, United States 
Code) and the alien— 
‘‘(aa) had knowledge that 
the gang’s members engaged in 
or have engaged in a continuing 
series of offenses described in 
section 521(c) of title 18, United 
States Code; and 
‘‘(bb) acted with the inten-
tion to promote or further the fe-
lonious activities of the criminal 
street gang or maintain or in-
crease his or her position in the 
gang; or 
‘‘(II) subject to clause (ii), who is 
18 years of age or older, who is phys-
ically present outside the United 
States, whom the Secretary deter-
mines by clear and convincing evi-
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747 
dence, based upon law enforcement in-
formation deemed credible by the Sec-
retary, has, since the age of 18, know-
ingly and willingly participated in a 
criminal street gang with knowledge 
that such participation promoted or 
furthered the illegal activity of the 
gang. 
‘‘(ii) WAIVER.—The Secretary may 
waive clause (i)(II) if the alien has re-
nounced all association with the criminal 
street gang, is otherwise admissible, and is 
not a threat to the security of the United 
States.’’. 
(b) 
GROUNDS
FOR
DEPORTATION.—Section 
237(a)(2) (8 U.S.C. 1227(a)(2)) is amended by adding at 
the end the following: 
‘‘(G) ALIENS ASSOCIATED WITH CRIMINAL 
STREET GANGS.—Any alien is removable who 
has been convicted of an offense for which an 
element was active participation in a criminal 
street gang (as defined in section 521(a) of title 
18, United States Code), and the alien— 
‘‘(i) had knowledge that the gang’s 
members engaged in or have engaged in a 
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748 
continuing series of offenses described in 
section 521(c) of title 18, United States 
Code; and 
‘‘(ii) acted with the intention to pro-
mote or further the felonious activities the 
criminal street gang or increase his or her 
position in such gang.’’. 
(c) GROUND
OF INELIGIBILITY
FOR REGISTERED 
PROVISIONAL IMMIGRANT STATUS.— 
(1) IN GENERAL.—An alien who is 18 years of 
age or older is ineligible for registered provisional 
immigrant status if the Secretary determines that 
the alien— 
(A) has been convicted of an offense for 
which an element was active participation in a 
criminal street gang (as defined in section 
521(a) of title 18, United States Code, and the 
alien— 
(i) had knowledge that the gang’s 
members engaged in or have engaged in a 
continuing series of offenses described in 
section 521(c) of title 18, United States 
Code; and 
(ii) acted with the intention to pro-
mote or further the felonious activities of 
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749 
the criminal street gang or maintain or in-
crease his or her position in such gang; or 
(B) subject to paragraph (2), any alien 
who is 18 years of age or older whom the Sec-
retary determines by clear and convincing evi-
dence, based upon law enforcement information 
deemed credible by the Secretary, has, since the 
age of 18, knowingly and willingly participated 
in a such gang with knowledge that such par-
ticipation promoted or furthered the illegal ac-
tivity of such gang. 
(2) WAIVER.—The Secretary may waive the ap-
plication of paragraph (1)(B) if the alien has re-
nounced all association with the criminal street 
gang, is otherwise admissible, and is not a threat to 
the security of the United States. 
SEC. 3702. BANNING HABITUAL DRUNK DRIVERS FROM THE 
UNITED STATES. 
(a) 
GROUNDS
FOR
INADMISSIBILITY.—Section 
212(a)(2) (8 U.S.C. 1182(a)(2)), as amended by section 
3701(a), is further amended— 
(1) by redesignating subparagraph (F) as sub-
paragraph (L); and 
(2) by inserting after subparagraph (E) the fol-
lowing: 
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750 
‘‘(F) HABITUAL
DRUNK
DRIVERS.—An 
alien convicted of 3 or more offenses for driving 
under the influence or driving while intoxicated 
on separate dates is inadmissible.’’. 
(b) 
GROUNDS
FOR
DEPORTATION.—Section 
237(a)(2) (8 U.S.C. 1227(a)(2)), as amended by section 
3701(b), is further amended by adding at the end the fol-
lowing: 
‘‘(H) HABITUAL
DRUNK
DRIVERS.—An 
alien convicted of 3 or more offenses for driving 
under the influence or driving while intoxicated, 
at least 1 of which occurred after the date of 
the enactment of the Border Security, Eco-
nomic Opportunity, and Immigration Mod-
ernization Act, is deportable.’’. 
(c) IN GENERAL.— 
(1) 
AGGRAVATED
FELONY.—Section 
101(a)(43)(F) (8 U.S.C. 1101(a)(43)(F)) is amend-
ed by striking ‘‘for which the term of imprisonment’’ 
and inserting ‘‘, including a third drunk driving con-
viction, for which the term of imprisonment is’’. 
(2) EFFECTIVE DATE AND APPLICATION.— 
(A) EFFECTIVE
DATE.—The amendment 
made by paragraph (1) shall take effect on the 
date of the enactment of this Act. 
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(B) APPLICATION.— 
(i) IN GENERAL.—Except as provided 
in subparagraph (ii), the amendment made 
by paragraph (1) shall apply to a convic-
tion for drunk driving that occurred be-
fore, on, or after such date of enactment. 
(ii) TWO
OR
MORE
PRIOR
CONVIC-
TIONS.—An alien who received 2 or more 
convictions for drunk driving before the 
date of the enactment of this Act may not 
be subject to removal for the commission 
of an aggravated felony pursuant to sec-
tion 237(a)(2)(A)(iii) of the Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1227(a)(2)(A)(iii)) on the basis of such 
convictions until the date on which the 
alien is convicted of a drunk driving of-
fense after such date of enactment. 
SEC. 3703. SEXUAL ABUSE OF A MINOR. 
Section 101(a)(43)(A) (8 U.S.C. 1101(a)(43)(A)) is 
amended by striking ‘‘murder, rape, or sexual abuse of 
a minor;’’ and inserting ‘‘murder, rape, or sexual abuse 
of a minor, whether or not the minority of the victim is 
established by evidence contained in the record of convic-
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tion or by credible evidence extrinsic to the record of con-
viction;’’. 
SEC. 3704. ILLEGAL ENTRY. 
(a) IN GENERAL.—Section 275 (8 U.S.C. 1325) is 
amended to read as follows: 
‘‘SEC. 275. ILLEGAL ENTRY. 
‘‘(a) IN GENERAL.— 
‘‘(1) CRIMINAL OFFENSES.—An alien shall be 
subject to the penalties set forth in paragraph (2) if 
the alien— 
‘‘(A) enters or crosses the border into the 
United States at any time or place other than 
as designated by the Secretary of Homeland Se-
curity; 
‘‘(B) eludes examination or inspection by 
an immigration officer, or a customs or agri-
culture inspection at a port of entry; or 
‘‘(C) enters or crosses the border to the 
United States by means of a knowingly false or 
misleading representation or the concealment of 
a material fact. 
‘‘(2) CRIMINAL
PENALTIES.—Any alien who 
violates any provision under paragraph (1)— 
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‘‘(A) shall, for the first violation, be fined 
under title 18, United States Code, imprisoned 
not more than 12 months, or both; 
‘‘(B) shall, for a second or subsequent vio-
lation, or following an order of voluntary depar-
ture, be fined under such title, imprisoned not 
more than 3 years, or both; 
‘‘(C) if the violation occurred after the 
alien had been convicted of 3 or more mis-
demeanors with the convictions occurring on 
different dates or of a felony for which the alien 
served a term of imprisonment of 15 days or 
more, shall be fined under such title, impris-
oned not more than 10 years, or both; and 
‘‘(D) if the violation occurred after the 
alien had been convicted of a felony for which 
the alien was sentenced to a term of imprison-
ment of not less than 30 months, shall be fined 
under such title, imprisoned not more than 15 
years, or both. 
‘‘(3) PRIOR
CONVICTIONS.—The prior convic-
tions described in subparagraphs (C) and (D) of 
paragraph (2) are elements of the offenses described 
in that paragraph and the penalties in such subpara-
graphs shall apply only in cases in which the convic-
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tion or convictions that form the basis for the addi-
tional penalty are— 
‘‘(A) alleged in the indictment or informa-
tion; and 
‘‘(B) proven beyond a reasonable doubt at 
trial or admitted by the defendant under oath 
as part of a plea agreement. 
‘‘(b) IMPROPER
TIME
OR
PLACE; CIVIL
PEN-
ALTIES.—Any alien older than 18 years of age who is ap-
prehended while knowingly entering, attempting to enter, 
or crossing or attempting to cross the border to the United 
States at a time or place other than as designated by im-
migration officers shall be subject to a civil penalty, in 
addition to any criminal or other civil penalties that may 
be imposed under any other provision of law, in an amount 
equal to— 
‘‘(1) not less than $250 or more than $5,000 
for each such entry, crossing, attempted entry, or at-
tempted crossing; or 
‘‘(2) twice the amount specified in paragraph 
(1) if the alien had previously been subject to a civil 
penalty under this subsection. 
‘‘(c) FRAUDULENT MARRIAGE.—An individual who 
knowingly enters into a marriage for the purpose of evad-
ing any provision of the immigration laws shall be impris-
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755 
oned for not more than 5 years, fined not more than 
$250,000, or both. 
‘‘(d) COMMERCIAL ENTERPRISES.—Any individual 
who knowingly establishes a commercial enterprise for the 
purpose of evading any provision of the immigration laws 
shall be imprisoned for not more than 5 years, fined in 
accordance with title 18, United States Code, or both.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
is amended by striking the item relating to section 275 
and inserting the following: 
‘‘Sec. 275. Illegal entry.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect 1 year after the date of the 
enactment of this Act. 
SEC. 3705. REENTRY OF REMOVED ALIEN. 
Section 276 (8 U.S.C. 1326) is amended to read as 
follows: 
‘‘SEC. 276. REENTRY OF REMOVED ALIEN. 
‘‘(a) REENTRY AFTER REMOVAL.—Any alien who 
has been denied admission, excluded, deported, or re-
moved, or who has departed the United States while an 
order of exclusion, deportation, or removal is outstanding, 
and subsequently enters, attempts to enter, crosses the 
border to, attempts to cross the border to, or is at any 
time found in the United States, shall be fined under title 
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756 
18, United States Code, and imprisoned not more than 
2 years. 
‘‘(b) REENTRY
OF CRIMINAL OFFENDERS.—Not-
withstanding the penalty provided in subsection (a), if an 
alien described in that subsection— 
‘‘(1) was convicted for 3 or more misdemeanors, 
with the convictions occurring on different dates, be-
fore such removal or departure, the alien shall be 
fined under title 18, United States Code, and im-
prisoned not more than 10 years, or both; 
‘‘(2) was convicted for a felony before such re-
moval or departure for which the alien was sen-
tenced to a term of imprisonment of not less than 
30 months, the alien shall be fined under such title, 
and imprisoned not more than 15 years, or both; 
‘‘(3) was convicted for a felony before such re-
moval or departure for which the alien was sen-
tenced to a term of imprisonment of not less than 
60 months, the alien shall be fined under such title, 
and imprisoned not more than 20 years, or both; 
‘‘(4) was convicted for 3 felonies, with the con-
victions occurring on different dates before such re-
moval or departure, the alien shall be fined under 
such title, and imprisoned not more than 20 years, 
or both; or 
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‘‘(5) was convicted, before such removal or de-
parture, for murder, rape, kidnapping, or a felony 
offense described in chapter 77 (relating to peonage 
and slavery) or 113B (relating to terrorism) of such 
title, the alien shall be fined under such title, and 
imprisoned not more than 20 years, or both. 
‘‘(c) REENTRY AFTER REPEATED REMOVAL.—Any 
alien who has been denied admission, excluded, deported, 
or removed 3 or more times and thereafter enters, at-
tempts to enter, crosses the border to, attempts to cross 
the border to, or is at any time found in the United States, 
shall be fined under title 18, United States Code, and im-
prisoned not more than 10 years, or both. 
‘‘(d) PROOF
OF PRIOR CONVICTIONS.—The prior 
convictions described in subsection (b) are elements of the 
offenses described in that subsection, and the penalties in 
such subsection shall apply only in cases in which the con-
viction or convictions that form the basis for the additional 
penalty are— 
‘‘(1) alleged in the indictment or information; 
and 
‘‘(2) proven beyond a reasonable doubt at trial 
or admitted by the defendant under oath as part of 
a plea agreement. 
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‘‘(e) AFFIRMATIVE DEFENSES.—It shall be an af-
firmative defense to a violation of this section that— 
‘‘(1) prior to the alleged violation, the alien had 
sought and received the express consent of the Sec-
retary of Homeland Security to reapply for admis-
sion into the United States; or 
‘‘(2) at the time of the prior exclusion, deporta-
tion, removal, or denial of admission alleged in the 
violation, the alien had not yet reached 18 years of 
age and had not been convicted of a crime or adju-
dicated a delinquent minor by a court of the United 
States, or a court of a state or territory, for conduct 
that would constitute a felony if committed by an 
adult. 
‘‘(f) LIMITATION ON COLLATERAL ATTACK ON UN-
DERLYING DEPORTATION ORDER.—In a criminal pro-
ceeding under this section, an alien may not challenge the 
validity of the deportation order described in subsection 
(a) or subsection (c) unless the alien demonstrates that— 
‘‘(1) the alien exhausted any administrative 
remedies that may have been available to seek relief 
against the order; 
‘‘(2) the deportation proceedings at which the 
order was issued improperly deprived the alien of the 
opportunity for judicial review; and 
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‘‘(3) the entry of the order was fundamentally 
unfair. 
‘‘(g) REENTRY OF ALIEN REMOVED PRIOR TO COM-
PLETION OF TERM OF IMPRISONMENT.—Any alien re-
moved pursuant to section 241(a)(4) who enters, attempts 
to enter, crosses the border to, attempts to cross the bor-
der to, or is at any time found in, the United States shall 
be incarcerated for the remainder of the sentence of im-
prisonment which was pending at the time of deportation 
without any reduction for parole or supervised release un-
less the alien affirmatively demonstrates that the Sec-
retary of Homeland Security has expressly consented to 
the alien’s reentry or the alien is prima facie eligible for 
protection from removal. Such alien shall be subject to 
such other penalties relating to the reentry of removed 
aliens as may be available under this section or any other 
provision of law. 
‘‘(h) LIMITATION.—It is not aiding and abetting a 
violation of this section for an individual to provide an 
alien with emergency humanitarian assistance, including 
emergency medical care and food, or to transport the alien 
to a location where such assistance can be rendered with-
out compensation or the expectation of compensation. 
‘‘(i) DEFINITIONS.—In this section: 
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‘‘(1) FELONY.—The term ‘felony’ means any 
criminal offense punishable by a term of imprison-
ment of more than 1 year under the laws of the 
United States, any State, or a foreign government. 
‘‘(2) MISDEMEANOR.—The term ‘misdemeanor’ 
means any criminal offense punishable by a term of 
imprisonment of not more than 1 year under the ap-
plicable laws of the United States, any State, or a 
foreign government. 
‘‘(3) REMOVAL.—The term ‘removal’ includes 
any denial of admission, exclusion, deportation, or 
removal, or any agreement by which an alien stipu-
lates or agrees to exclusion, deportation, or removal. 
‘‘(4) STATE.—The term ‘State’ means a State 
of the United States, the District of Columbia, and 
any commonwealth, territory, or possession of the 
United States.’’. 
SEC. 3706. PENALTIES RELATING TO VESSELS AND AIR-
CRAFT. 
Section 243(c) (8 U.S.C. 1253(c)) is amended— 
(1) by striking ‘‘Attorney General’’ each place 
such term appears and inserting ‘‘Secretary of 
Homeland Security’’; 
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(2) by striking ‘‘Commissioner’’ each place such 
term appears and inserting ‘‘Secretary of Homeland 
Security’’; and 
(3) in paragraph (1)— 
(A) in subparagraph (A), by striking 
‘‘$2,000’’ and inserting ‘‘$5,000’’; 
(B) in subparagraph (B), by striking 
‘‘$5,000’’ and inserting ‘‘$10,000’’; 
(C) by amending subparagraph (C) to read 
as follows: 
‘‘(C) COMPROMISE.—The Secretary of 
Homeland 
Security, 
in 
the 
Secretary’s 
unreviewable discretion and upon the receipt of 
a written request, may mitigate the monetary 
penalties required under this subsection for 
each alien stowaway to an amount equal to not 
less than $2,000, upon such terms that the Sec-
retary determines to be appropriate.’’; and 
(D) by inserting at the end the following: 
‘‘(D) EXCEPTION.—A person, acting with-
out compensation or the expectation of com-
pensation, is not subject to penalties under this 
paragraph if the person is— 
‘‘(i) providing, or attempting to pro-
vide, an alien with humanitarian assist-
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762 
ance, including emergency medical care or 
food or water; or 
‘‘(ii) transporting the alien to a loca-
tion where such humanitarian assistance 
can be rendered without compensation or 
the expectation of compensation.’’. 
SEC. 3707. REFORM OF PASSPORT, VISA, AND IMMIGRATION 
FRAUD OFFENSES. 
(a) TRAFFICKING IN PASSPORTS.—Section 1541 of 
title 18, United States Code, is amended to read as fol-
lows: 
‘‘§ 1541. Trafficking in passports 
‘‘(a) MULTIPLE PASSPORTS.—Subject to subsection 
(b), any person who, during any period of 3 years or less, 
knowingly— 
‘‘(1) and without lawful authority produces, 
issues, or transfers 3 or more passports; 
‘‘(2) forges, counterfeits, alters, or falsely 
makes 3 or more passports; 
‘‘(3) secures, possesses, uses, receives, buys, 
sells, or distributes 3 or more passports, knowing 
the passports to be forged, counterfeited, altered, 
falsely made, stolen, procured by fraud, or produced 
or issued without lawful authority; or 
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‘‘(4) completes, mails, prepares, presents, signs, 
or submits 3 or more applications for a United 
States passport, knowing the applications to contain 
any materially false statement or representation, 
shall be fined under this title, imprisoned not more than 
20 years, or both. 
‘‘(b) USE IN A TERRORISM OFFENSE.—Any person 
who commits an offense described in subsection (a) to fa-
cilitate an act of international terrorism (as defined in sec-
tion 2331) shall be fined under this title, imprisoned not 
more than 25 years, or both. 
‘‘(c) PASSPORT MATERIALS.—Any person who know-
ingly and without lawful authority produces, buys, sells, 
possesses, or uses any official material (or counterfeit of 
any official material) used to make 10 or more passports, 
including any distinctive paper, seal, hologram, image, 
text, symbol, stamp, engraving, or plate, shall be fined 
under this title, imprisoned not more than 20 years, or 
both.’’. 
(b) FALSE STATEMENT IN AN APPLICATION FOR A 
PASSPORTS.—Section 1542 of title 18, United States 
Code, is amended to read as follows: 
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764 
‘‘§ 1542. False statement in an application for a pass-
port 
‘‘(a) IN GENERAL.—Any person who knowingly 
makes any material false statement or representation in 
an application for a United States passport, or mails, pre-
pares, presents, or signs an application for a United 
States passport knowing the application to contain any 
material false statement or representation, shall be fined 
under this title, imprisoned not more than 25 years (if 
the offense was committed to facilitate an act of inter-
national terrorism (as defined in section 2331 of this 
title)), 20 years (if the offense was committed to facilitate 
a drug trafficking crime (as defined in section 929(a) of 
this title)), 15 years (in the case of any other offense), 
or both. 
‘‘(b) VENUE.— 
‘‘(1) IN
GENERAL.—An offense under sub-
section (a) may be prosecuted in any district— 
‘‘(A) in which the false statement or rep-
resentation was made or the application for a 
United States passport was prepared or signed; 
or 
‘‘(B) in which or to which the application 
was mailed or presented. 
‘‘(2) 
OFFENSES
OUTSIDE
THE
UNITED 
STATES.—An offense under subsection (a) involving 
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765 
an application prepared and adjudicated outside the 
United States may be prosecuted in the district in 
which the resultant passport was or would have been 
produced. 
‘‘(c) SAVINGS CLAUSE.—Nothing in this section may 
be construed to limit the venue otherwise available under 
sections 3237 and 3238 of this title.’’. 
(c) MISUSE OF A PASSPORT.—Section 1544 of title 
18, United States Code, is amended to read as follows: 
‘‘§ 1544. Misuse of a passport 
‘‘Any person who knowingly— 
‘‘(1) misuses or attempts to misuse for their 
own purposes any passport issued or designed for 
the use of another; 
‘‘(2) uses or attempts to use any passport in 
violation of the laws, regulations, or rules governing 
the issuance and use of the passport; 
‘‘(3) secures, possesses, uses, receives, buys, 
sells, or distributes or attempts to secure, possess, 
use, receive, buy, sell, or distribute any passport 
knowing the passport to be forged, counterfeited, al-
tered, falsely made, procured by fraud, or produced 
or issued without lawful authority; or 
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‘‘(4) substantially violates the terms and condi-
tions of any safe conduct duly obtained and issued 
under the authority of the United States, 
shall be fined under this title, imprisoned not more than 
25 years (if the offense was committed to facilitate an act 
of international terrorism (as defined in section 2331 of 
this title)), 20 years (if the offense was committed to fa-
cilitate a drug trafficking crime (as defined in section 
929(a) of this title)), 15 years (in the case of any other 
offense), or both.’’. 
(d) SCHEMES TO PROVIDE FRAUDULENT IMMIGRA-
TION SERVICES.—Section 1545 of title 18, United States 
Code, is amended to read as follows: 
‘‘§ 1545. Schemes to provide fraudulent immigration 
services 
‘‘(a) IN GENERAL.—Any person who knowingly exe-
cutes a scheme or artifice, in connection with any matter 
that is authorized by or arises under any Federal immigra-
tion law or any matter the offender claims or represents 
is authorized by or arises under any Federal immigration 
law, to— 
‘‘(1) defraud any person; or 
‘‘(2) obtain or receive money or anything else of 
value from any person by means of false or fraudu-
lent pretenses, representations, or promises, 
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shall be fined under this title, imprisoned not more than 
10 years, or both. 
‘‘(b) MISREPRESENTATION.—Any person who know-
ingly and falsely represents that such person is an attor-
ney or an accredited representative (as that term is de-
fined in section 1292.1 of title 8, Code of Federal Regula-
tions (or any successor regulation)) in any matter arising 
under any Federal immigration law shall be fined under 
this title, imprisoned not more than 15 years, or both.’’. 
(e) IMMIGRATION AND VISA FRAUD.—Section 1546 
of title 18, United States Code, is amended— 
(1) by amending the section heading to read as 
follows: 
‘‘§ 1546. Immigration and visa fraud’’; 
(2) by redesignating subsection (b) as sub-
section (d); and 
(3) by inserting after subsection (a) the fol-
lowing new subsections: 
‘‘(b) TRAFFICKING.—Any person who, during any pe-
riod of 3 years or less, knowingly— 
‘‘(1) and without lawful authority produces, 
issues, or transfers 3 or more immigration docu-
ments; 
‘‘(2) forges, counterfeits, alters, or falsely 
makes 3 or more immigration documents; 
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‘‘(3) secures, possesses, uses, buys, sells, or dis-
tributes 3 or more immigration documents, knowing 
the immigration documents to be forged, counter-
feited, altered, stolen, falsely made, procured by 
fraud, or produced or issued without lawful author-
ity; or 
‘‘(4) completes, mails, prepares, presents, signs, 
or submits 3 or more immigration documents know-
ing the documents to contain any materially false 
statement or representation, 
shall be fined under this title, imprisoned not more than 
20 years, or both. 
‘‘(c) IMMIGRATION DOCUMENT MATERIALS.—Any 
person who knowingly and without lawful authority pro-
duces, buys, sells, possesses, or uses any official material 
(or counterfeit of any official material) used to make 10 
or more immigration documents, including any distinctive 
paper, seal, hologram, image, text, symbol, stamp, engrav-
ing, or plate, shall be fined under this title, imprisoned 
not more than 20 years, or both.’’. 
(f) ALTERNATIVE IMPRISONMENT MAXIMUM
FOR 
CERTAIN OFFENSES.—Section 1547 of title 18, United 
States Code, is amended— 
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(1) in the matter preceding paragraph (1), by 
striking ‘‘(other than an offense under section 
1545)’’; 
(2) in paragraph (1), by striking ‘‘15’’ and in-
serting ‘‘20’’; and 
(3) in paragraph (2), by striking ‘‘20’’ and in-
serting ‘‘25’’. 
(g) AUTHORIZED LAW ENFORCEMENT ACTIVITIES.— 
Chapter 75 of title 18, United States Code, is amended 
by adding after section 1547 the following: 
‘‘§ 1548. Authorized law enforcement activities 
‘‘Nothing in this chapter may be construed to pro-
hibit— 
‘‘(1) any lawfully authorized investigative, pro-
tective, or intelligence activity of a law enforcement 
agency of the United States, a State, or a political 
subdivision of a State, or an intelligence agency of 
the United States; or 
‘‘(2) any activity authorized under title V of the 
Organized Crime Control Act of 1970 (Public Law 
91–452; 84 Stat. 933).’’. 
(h) TABLE OF SECTIONS AMENDMENT.—The table 
of sections for chapter 75 of title 18, United States Code, 
is amended to read as follows: 
‘‘Sec. 
‘‘1541. Trafficking in passports. 
‘‘1542. False statement in an application for a passport. 
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‘‘1543. Forgery or false use of a passport. 
‘‘1544. Misuse of a passport. 
‘‘1545. Schemes to provide fraudulent immigration services. 
‘‘1546. Immigration and visa fraud. 
‘‘1547. Alternative imprisonment maximum for certain offenses. 
‘‘1548. Authorized law enforcement activities.’’. 
SEC. 3708. COMBATING SCHEMES TO DEFRAUD ALIENS. 
(a) REGULATIONS, FORMS, AND PROCEDURES.—The 
Secretary and the Attorney General, for matters within 
their respective jurisdictions arising under the immigra-
tion laws, shall promulgate appropriate regulations, forms, 
and procedures defining the circumstances in which— 
(1) persons submitting applications, petitions, 
motions, or other written materials relating to immi-
gration benefits or relief from removal under the im-
migration laws will be required to identify who 
(other than immediate family members) assisted 
them in preparing or translating the immigration 
submissions; and 
(2) any person or persons who received com-
pensation (other than a nominal fee for copying, 
mailing, or similar services) in connection with the 
preparation, completion, or submission of such mate-
rials will be required to sign the form as a preparer 
and provide identifying information. 
(b) CIVIL
INJUNCTIONS
AGAINST
IMMIGRATION 
SERVICE PROVIDER.—The Attorney General may com-
mence a civil action in the name of the United States to 
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enjoin any immigration service provider from further en-
gaging in any fraudulent conduct that substantially inter-
feres with the proper administration of the immigration 
laws or who willfully misrepresents such provider’s legal 
authority to provide representation before the Department 
of Justice or the Department. 
(c) DEFINITIONS.—In this section: 
(1) IMMIGRATION LAWS.—The term ‘‘immigra-
tion laws’’ has the meaning given that term in sec-
tion 101(a)(17) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(17)). 
(2) IMMIGRATION
SERVICE
PROVIDER.—The 
term ‘‘immigration service provider’’ means any indi-
vidual or entity (other than an attorney or individual 
otherwise authorized to provide representation in im-
migration proceedings as provided in Federal regula-
tion) who, for a fee or other compensation, provides 
any assistance or representation to aliens in relation 
to any filing or proceeding relating to the alien 
which arises, or which the provider claims to arise, 
under the immigration laws, executive order, or pres-
idential proclamation. 
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772 
SEC. 3709. INADMISSIBILITY AND REMOVAL FOR PASSPORT 
AND IMMIGRATION FRAUD OFFENSES. 
(a) INADMISSIBILITY.—Section 212(a)(2)(A)(i) (8 
U.S.C. 1182(a)(2)(A)(i)) is amended— 
(1) in subclause (I), by striking ‘‘, or’’ at the 
end and inserting a semicolon; 
(2) in subclause (II), by striking the comma at 
the end and inserting ‘‘; or’’; and 
(3) by inserting after subclause (II) the fol-
lowing: 
‘‘(III) a violation of section 1541, 
1545, and subsection (b) of section 
1546 of title 18, United States 
Code,’’. 
(b) REMOVAL.—Section 237(a)(3)(B)(iii) (8 U.S.C. 
1227(a)(3)(B)(iii)) is amended to read as follows: 
‘‘(iii) of a violation of section 1541, 
1545, and subsection (b) of section 1546 
of title 18, United States Code,’’. 
(c) EFFECTIVE DATE.—The amendments made by 
subsections (a) and (b) shall apply to proceedings pending 
on or after the date of the enactment of this Act, with 
respect to conduct occurring on or after that date. 
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773 
SEC. 3710. DIRECTIVES RELATED TO PASSPORT AND DOCU-
MENT FRAUD. 
(a) DIRECTIVE
TO
THE
UNITED
STATES
SEN-
TENCING COMMISSION.— 
(1) IN GENERAL.—Pursuant to the authority 
under section 994 of title 28, United States Code, 
the United States Sentencing Commission shall pro-
mulgate or amend the sentencing guidelines, policy 
statements, and official commentaries, if appro-
priate, related to passport fraud offenses, including 
the offenses described in chapter 75 of title 18, 
United States Code, as amended by section 3707, to 
reflect the serious nature of such offenses. 
(2) REPORT.—Not later than 1 year after the 
date of the enactment of this Act, the United States 
Sentencing Commission shall submit a report on the 
implementation of this subsection to— 
(A) the Committee on the Judiciary of the 
Senate; and 
(B) the Committee on the Judiciary of the 
House of Representatives. 
(b) PROTECTION FOR LEGITIMATE REFUGEES AND 
ASYLUM SEEKERS.— 
(1) IN GENERAL.— 
(A) REQUIREMENT
FOR
GUIDELINES.— 
The Attorney General, in consultation with the 
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774 
Secretary, shall develop binding prosecution 
guidelines for Federal prosecutors to ensure 
that each prosecution of an alien seeking entry 
into the United States by fraud is consistent 
with the United States treaty obligations under 
Article 31(1) of the Convention Relating to the 
Status of Refugees, done at Geneva July 28, 
1951 (as made applicable by the Protocol Relat-
ing to the Status of Refugees, done at New 
York January 31, 1967 (19 UST 6223)). 
(B) NO PRIVATE RIGHT OF ACTION.—The 
guidelines developed pursuant to subparagraph 
(A), and any internal office procedures related 
to such guidelines— 
(i) are intended solely for the guid-
ance of attorneys of the United States; and 
(ii) are not intended to, do not, and 
may not be relied upon to, create any right 
or benefit, substantive or procedural, en-
forceable at law by any party in any ad-
ministrative, civil, or criminal matter. 
(2) PROTECTION OF VULNERABLE PERSONS.— 
A person described in paragraph (3) may not be 
prosecuted under chapter 75 of title 18, United 
States Code, or under section 275 or 276 of the Im-
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775 
migration and Nationality Act (8 U.S.C. 1325 and 
1326), in connection with the person’s entry or at-
tempted entry into the United States until after the 
date on which the person’s application for such pro-
tection, classification, or status has been adjudicated 
and denied in accordance with the Immigration and 
Nationality Act (8 U.S.C. 1101 et seq.). 
(3) PERSONS
SEEKING
PROTECTION, CLASSI-
FICATION, OR STATUS.—A person described in this 
paragraph is a person who— 
(A) is seeking protection, classification, or 
status; and 
(B)(i) has filed an application for asylum 
under section 208 of the Immigration and Na-
tionality Act (8 U.S.C. 1158), withholding of 
removal under section 241(b)(3) of such Act (8 
U.S.C. 1231(b)(3)), or relief under the Conven-
tion against Torture and Other Cruel, Inhuman 
or Degrading Treatment or Punishment, done 
at New York, December 10, 1994, pursuant to 
title 8, Code of Federal Regulations; 
(ii) indicates immediately after apprehen-
sion, that he or she intends to apply for such 
asylum, withholding of removal, or relief and 
promptly files the appropriate application; 
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(iii) has been referred for a credible fear 
interview, a reasonable fear interview, or an 
asylum-only hearing under section 235 of the 
Immigration and Nationality Act (8 U.S.C. 
1225) or part 208 of title 8, Code of Federal 
Regulations; or 
(iv) has filed an application for classifica-
tion or status under— 
(I) subparagraph (T) or (U) of para-
graph (15), paragraph (27)(J), or para-
graph (51) of section 101(a) of the Immi-
gration and Nationality Act (8 U.S.C. 
1101(a)); or 
(II) 
section 
216(c)(4)(C) 
or 
240A(b)(2) 
of 
such 
Act 
(8 
U.S.C. 
1186a(c)(4)(C) and 1229b(b)(2)). 
SEC. 3711. INADMISSIBLE ALIENS. 
(a) DETERRING ALIENS ORDERED REMOVED FROM 
REMAINING IN THE UNITED STATES UNLAWFULLY.— 
Section 212(a)(9)(A) (8 U.S.C. 1182(a)(9)(A)) is amend-
ed— 
(1) in clause (i), by striking ‘‘seeks admission 
within 5 years of the date of such removal (or within 
20 years’’ and inserting ‘‘seeks admission not later 
than 5 years after the date of the alien’s removal (or 
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not later than 20 years after the alien’s removal’’; 
and 
(2) in clause (ii), by striking ‘‘seeks admission 
within 10 years of the date of such alien’s departure 
or removal (or within 20 years of’’ and inserting 
‘‘seeks admission not later than 10 years after the 
date of the alien’s departure or removal (or not later 
than 20 years after’’. 
(b) BIOMETRIC SCREENING.—Section 212 (8 U.S.C. 
1182) is amended— 
(1) in subsection (a)(7), by adding at the end 
the following: 
‘‘(C) WITHHOLDING
INFORMATION.—Ex-
cept as provided in subsection (d)(2), any alien 
who willfully, through his or her own fault, re-
fuses to comply with a lawful request for bio-
metric information is inadmissible.’’; and 
(2) in subsection (d), by inserting after para-
graph (1) the following: 
‘‘(2) The Secretary may waive the application 
of subsection (a)(7)(C) for an individual alien or a 
class of aliens.’’. 
(c) PRECLUDING ADMISSIBILITY OF ALIENS CON-
VICTED OF SERIOUS CRIMINAL OFFENSES AND DOMESTIC 
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VIOLENCE, STALKING, CHILD ABUSE, AND VIOLATION OF 
PROTECTION ORDERS.— 
(1) INADMISSIBILITY
ON
CRIMINAL
AND
RE-
LATED GROUNDS; WAIVERS.—Section 212 (8 U.S.C. 
1182), as amended by this Act, is further amend-
ed— 
(A) in subsection (a)(2), as amended by 
sections 3401 and 3402, is further amended by 
inserting after subparagraph (J) the following: 
‘‘(K) CRIMES
OF
DOMESTIC
VIOLENCE, 
STALKING, OR VIOLATION OF PROTECTIVE OR-
DERS; CRIMES AGAINST CHILDREN.— 
‘‘(i) DOMESTIC VIOLENCE, STALKING, 
AND CHILD ABUSE.— 
‘‘(I) IN
GENERAL.—Any alien 
who has been convicted of a crime of 
domestic violence, a crime of stalking, 
or a crime of child abuse, child ne-
glect, or child abandonment, provided 
the alien served at least 1 year impris-
onment for the crime, or provided the 
alien was convicted of offenses consti-
tuting more than 1 such crime, not 
arising out of a single scheme of 
criminal misconduct, is inadmissible. 
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‘‘(iii) APPLICABILITY.—This subpara-
graph shall not apply to an alien who has 
been battered or subjected to extreme cru-
elty and who is not and was not the pri-
mary perpetrator of violence in the rela-
tionship, upon a determination by the At-
torney General or the Secretary of Home-
land Security that— 
‘‘(I) the alien was acting in self- 
defense; 
‘‘(II) the alien was found to have 
violated a protection order intended to 
protect the alien; or 
‘‘(III) the alien committed, was 
arrested for, was convicted of, or pled 
guilty to committing a crime that did 
not result in serious bodily injury.’’; 
and 
(B) in subsection (h)— 
(i) by striking ‘‘The Attorney General 
may, in his discretion, waive the applica-
tion of subparagraphs (A)(i)(I), (B), (D), 
and (E) of subsection (a)(2)’’ and inserting 
‘‘The Attorney General or the Secretary of 
Homeland Security may waive the applica-
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782 
tion of subparagraphs (A)(i)(I), (B), (D), 
and (E) of subsection (a)(2)’’; and 
(ii) by inserting ‘‘or the Secretary of 
Homeland Security’’ after ‘‘the Attorney 
General’’ each place that term appears. 
(2) EFFECTIVE DATE.—The amendments made 
by this subsection shall apply to any acts that oc-
curred on or after the date of the enactment of this 
Act. 
SEC. 3712. ORGANIZED AND ABUSIVE HUMAN SMUGGLING 
ACTIVITIES. 
(a) ENHANCED PENALTIES.— 
(1) IN GENERAL.—Title II (8 U.S.C. 1151 et 
seq.) is amended by adding at the end the following: 
‘‘SEC. 295. ORGANIZED HUMAN SMUGGLING. 
‘‘(a) PROHIBITED ACTIVITIES.—Whoever, while act-
ing for profit or other financial gain, knowingly directs 
or participates in an effort or scheme to assist or cause 
5 or more persons (other than a parent, spouse, or child 
of the offender)— 
‘‘(1) to enter, attempt to enter, or prepare to 
enter the United States— 
‘‘(A) by fraud, falsehood, or other corrupt 
means; 
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‘‘(B) at any place other than a port or 
place of entry designated by the Secretary; or 
‘‘(C) in a manner not prescribed by the im-
migration laws and regulations of the United 
States; or 
‘‘(2) to travel by air, land, or sea toward the 
United States (whether directly or indirectly)— 
‘‘(A) knowing that the persons seek to 
enter or attempt to enter the United States 
without lawful authority; and 
‘‘(B) with the intent to aid or further such 
entry or attempted entry; or 
‘‘(3) to be transported or moved outside of the 
United States— 
‘‘(A) knowing that such persons are aliens 
in unlawful transit from 1 country to another 
or on the high seas; and 
‘‘(B) under circumstances in which the 
persons are in fact seeking to enter the United 
States without official permission or legal au-
thority; 
shall be punished as provided in subsection (c) or 
(d). 
‘‘(b) CONSPIRACY AND ATTEMPT.—Any person who 
attempts or conspires to violate subsection (a) of this sec-
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tion shall be punished in the same manner as a person 
who completes a violation of such subsection. 
‘‘(c) BASE PENALTY.—Except as provided in sub-
section (d), any person who violates subsection (a) or (b) 
shall be fined under title 18, imprisoned for not more than 
20 years, or both. 
‘‘(d) ENHANCED PENALTIES.—Any person who vio-
lates subsection (a) or (b) shall— 
‘‘(1) in the case of a violation during and in re-
lation to which a serious bodily injury (as defined in 
section 1365 of title 18) occurs to any person, be 
fined under title 18, imprisoned for not more than 
30 years, or both; 
‘‘(2) in the case of a violation during and in re-
lation to which the life of any person is placed in 
jeopardy, be fined under title 18, imprisoned for not 
more than 30 years, or both; 
‘‘(3) in the case of a violation involving 10 or 
more persons, be fined under title 18, imprisoned for 
not more than 30 years, or both; 
‘‘(4) in the case of a violation involving the 
bribery or corruption of a U.S. or foreign govern-
ment official, be fined under title 18, imprisoned for 
not more than 30 years, or both; 
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‘‘(5) in the case of a violation involving robbery 
or extortion (as those terms are defined in para-
graph (1) or (2), respectively, of section 1951(b)) be 
fined under title 18, imprisoned for not more than 
30 years, or both; 
‘‘(6) in the case of a violation during and in re-
lation to which any person is subjected to an invol-
untary sexual act (as defined in section 2246(2) of 
title 18), be fined under title 18, imprisoned for not 
more than 30 years, or both; or 
‘‘(7) in the case of a violation resulting in the 
death of any person, be fined under title 18, impris-
oned for any term of years or for life, or both. 
‘‘(e) LAWFUL AUTHORITY DEFINED.— 
‘‘(1) IN GENERAL.—In this section, the term 
‘lawful authority’— 
‘‘(A) means permission, authorization, or 
license that is expressly provided for in the im-
migration laws of the United States or accom-
panying regulations; and 
‘‘(B) does not include any such authority 
secured by fraud or otherwise obtained in viola-
tion of law, nor does it include authority 
sought, but not approved. 
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‘‘(2) APPLICATION TO TRAVEL OR ENTRY.—No 
alien shall be deemed to have lawful authority to 
travel to or enter the United States if such travel or 
entry was, is, or would be in violation of law. 
‘‘(f) EFFORT OR SCHEME.—For purposes of this sec-
tion, ‘effort or scheme to assist or cause 5 or more per-
sons’ does not require that the 5 or more persons enter, 
attempt to enter, prepare to enter, or travel at the same 
time so long as the acts are completed within 1 year. 
‘‘SEC. 296. UNLAWFULLY HINDERING IMMIGRATION, BOR-
DER, AND CUSTOMS CONTROLS. 
‘‘(a) ILLICIT SPOTTING.—Whoever knowingly trans-
mits to another person the location, movement, or activi-
ties of any Federal, State, or tribal law enforcement agen-
cy with the intent to further a Federal crime relating to 
United States immigration, customs, controlled sub-
stances, agriculture, monetary instruments, or other bor-
der controls shall be fined under title 18, imprisoned not 
more than 10 years, or both. 
‘‘(b) DESTRUCTION
OF UNITED STATES BORDER 
CONTROLS.—Whoever knowingly and without lawful au-
thorization destroys, alters, or damages any fence, barrier, 
sensor, camera, or other physical or electronic device de-
ployed by the Federal Government to control the border 
or a port of entry or otherwise seeks to construct, exca-
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vate, or make any structure intended to defeat, circumvent 
or evade any such fence, barrier, sensor camera, or other 
physical or electronic device deployed by the Federal gov-
ernment to control the border or a port of entry shall be 
fined under title 18, imprisoned not more than 10 years, 
or both, and if, at the time of the offense, the person uses 
or carries a firearm or who, in furtherance of any such 
crime, possesses a firearm, that person shall be fined 
under title 18, imprisoned not more than 20 years, or 
both. 
‘‘(c) CONSPIRACY AND ATTEMPT.—Any person who 
attempts or conspires to violate subsection (a) or (b) of 
this section shall be punished in the same manner as a 
person who completes a violation of such subsection.’’. 
(2) TABLE OF CONTENTS AMENDMENT.—The 
table of contents is amended by adding after the 
item relating to section 294 the following: 
‘‘Sec. 295. Organized human smuggling. 
‘‘Sec. 296. Unlawfully hindering immigration, border, and customs controls.’’. 
(b) PROHIBITING CARRYING OR USE OF A FIREARM 
DURING AND IN RELATION TO AN ALIEN SMUGGLING 
CRIME.—Section 924(c) of title 18, United States Code, 
is amended— 
(1) in paragraph (1)— 
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(A) in subparagraph (A), by inserting ‘‘, 
alien smuggling crime,’’ after ‘‘crime of vio-
lence’’ each place that term appears; and 
(B) in subparagraph (D)(ii), by inserting 
‘‘, alien smuggling crime,’’ after ‘‘crime of vio-
lence’’; and 
(2) by adding at the end the following: 
‘‘(6) 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, and 1328).’’. 
(c) STATUTE OF LIMITATIONS.—Section 3298 of title 
18, United States Code, is amended by inserting ‘‘, 295, 
296, or 297’’ after ‘‘274(a)’’. 
SEC. 3713. PREVENTING CRIMINALS FROM RENOUNCING 
CITIZENSHIP DURING WARTIME. 
Section 349(a) (8 U.S.C. 1481(a)) is amended— 
(1) by striking paragraph (6); and 
(2) redesignating paragraph (7) as paragraph 
(6). 
SEC. 3714. DIPLOMATIC SECURITY SERVICE. 
Paragraph (1) of section 37(a) of the State Depart-
ment Basic Authorities Act of 1956 (22 U.S.C. 2709(a)) 
is amended to read as follows: 
‘‘(1) conduct investigations concerning— 
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‘‘(A) illegal passport or visa issuance or 
use; 
‘‘(B) identity theft or document fraud af-
fecting or relating to the programs, functions, 
and authorities of the Secretary of State; 
‘‘(C) violations of chapter 77 of title 18, 
United States Code; and 
‘‘(D) Federal offenses committed within 
the special maritime and territorial jurisdiction 
of the United States (as defined in section 7(9) 
of title 18, United States Code);’’. 
SEC. 3715. SECURE ALTERNATIVES PROGRAMS. 
(a) IN GENERAL.—The Secretary shall establish se-
cure alternatives programs that incorporate case manage-
ment services in each field office of the Department to 
ensure appearances at immigration proceedings and public 
safety. 
(b) CONTRACT AUTHORITY.—The Secretary shall 
contract with nongovernmental community-based organi-
zations to conduct screening of detainees, provide appear-
ance assistance services, and operate community-based su-
pervision programs. Secure alternatives shall offer a con-
tinuum of supervision mechanisms and options, including 
community support, depending on an assessment of each 
individual’s circumstances. The Secretary may contract 
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790 
with nongovernmental organizations to implement secure 
alternatives that maintain custody over the alien. 
(c) INDIVIDUALIZED DETERMINATIONS.—In deter-
mining whether to use secure alternatives, the Secretary 
shall make an individualized determination, and for each 
individual placed on secure alternatives, shall review the 
level of supervision on a monthly basis. Secure alternatives 
shall not be used when release on bond or recognizance 
is determined to be a sufficient measure to ensure appear-
ances at immigration proceedings and public safety. 
(d) CUSTODY.—The Secretary may use secure alter-
natives programs to maintain custody over any alien de-
tained under the Immigration and Nationality Act, except 
for aliens detained under section 236A of such Act (8 
U.S.C. 1226a). If an individual is not eligible for release 
from custody or detention, the Secretary shall consider the 
alien for placement in secure alternatives that maintain 
custody over the alien, including the use of electronic ankle 
devices. 
SEC. 3716. OVERSIGHT OF DETENTION FACILITIES. 
(a) DEFINITIONS.—In this section: 
(1) APPLICABLE STANDARDS.—The term ‘‘ap-
plicable standards’’ means the most recent version of 
detention standards and detention-related policies 
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791 
issued by the Secretary or the Director of U.S. Im-
migration and Customs Enforcement. 
(2) DETENTION FACILITY.—The term ‘‘deten-
tion facility’’ means a Federal, State, or local gov-
ernment facility, or a privately owned and operated 
facility, that is used, in whole or in part, to hold in-
dividuals under the authority of the Director of U.S. 
Immigration and Customs Enforcement, including 
facilities that hold such individuals under a contract 
or agreement with the Director. 
(b) DETENTION
REQUIREMENTS.—The Secretary 
shall ensure that all persons detained pursuant to the Im-
migration and Nationality Act (8 U.S.C. 1101 et seq.) are 
treated humanely and benefit from the protections set 
forth in this section. 
(c) OVERSIGHT REQUIREMENTS.— 
(1) ANNUAL INSPECTION.—All detention facili-
ties shall be inspected by the Secretary on a regular 
basis, but not less than annually, for compliance 
with applicable detention standards issued by the 
Secretary and other applicable regulations. 
(2) ROUTINE OVERSIGHT.—In addition to an-
nual inspections, the Secretary shall conduct routine 
oversight of detention facilities, including unan-
nounced inspections. 
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(3) AVAILABILITY OF RECORDS.—All detention 
facility contracts, memoranda of agreement, and 
evaluations and reviews shall be considered records 
for purposes of section 552(f)(2) of title 5, United 
States Code. 
(4) CONSULTATION.—The Secretary shall seek 
input from nongovernmental organizations regarding 
their independent opinion of specific facilities. 
(d) COMPLIANCE MECHANISMS.— 
(1) AGREEMENTS.— 
(A) NEW AGREEMENTS.—Compliance with 
applicable standards of the Secretary and all 
applicable regulations, and meaningful financial 
penalties for failure to comply, shall be a mate-
rial term in any new contract, memorandum of 
agreement, or any renegotiation, modification, 
or renewal of an existing contract or agreement, 
including fee negotiations, executed with deten-
tion facilities. 
(B) EXISTING
AGREEMENTS.—Not later 
than 180 days after the date of the enactment 
of this Act, the Secretary shall secure a modi-
fication incorporating these terms for any exist-
ing contracts or agreements that will not be re-
negotiated, renewed, or otherwise modified. 
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793 
(C) CANCELLATION
OF
AGREEMENTS.— 
Unless the Secretary provides a reasonable ex-
tension to a specific detention facility that is 
negotiating in good faith, contracts or agree-
ments with detention facilities that are not 
modified within 1 year of the date of the enact-
ment of this Act will be cancelled. 
(D) PROVISION
OF
INFORMATION.—In 
making modifications under this paragraph, the 
Secretary shall require that detention facilities 
provide to the Secretary all contracts, memo-
randa of agreement, evaluations, and reviews 
regarding the facility on a regular basis. The 
Secretary shall make these materials publicly 
available. 
(2) FINANCIAL PENALTIES.— 
(A) REQUIREMENT
TO
IMPOSE.—Subject 
to subparagraph (C), the Secretary shall impose 
meaningful financial penalties upon facilities 
that fail to comply with applicable detention 
standards issued by the Secretary and other ap-
plicable regulations. 
(B) TIMING
OF
IMPOSITION.—Financial 
penalties imposed under subparagraph (A) shall 
be imposed immediately after a facility fails to 
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794 
achieve an adequate or the equivalent median 
score in any performance evaluation. 
(C) WAIVER.—The requirements of sub-
paragraph (A) may be waived if the facility cor-
rects the noted deficiencies and receives an ade-
quate score in not more than 90 days. 
(D) MULTIPLE OFFENDERS.—In cases of 
persistent and substantial noncompliance, in-
cluding scoring less than adequate or the equiv-
alent median score in 2 consecutive inspections, 
the Secretary shall terminate contracts or 
agreements with such facilities within 60 days, 
or in the case of facilities operated by the Sec-
retary, such facilities shall be closed within 90 
days. 
(e) REPORTING REQUIREMENTS.— 
(1) OBJECTIVES.—Not later than June 30 of 
each year, the Secretary shall prepare and submit to 
the Committee on the Judiciary of the Senate and 
the Committee on the Judiciary of the House of 
Representatives a report on inspection and oversight 
activities of detention facilities. 
(2) CONTENTS.—Each report submitted under 
paragraph (1) shall include— 
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795 
(A) a description of each detention facility 
found to be in noncompliance with applicable 
detention standards issued by the Department 
and other applicable regulations; 
(B) a description of the actions taken by 
the Department to remedy any findings of non-
compliance or other identified problems, includ-
ing financial penalties, contract or agreement 
termination, or facility closure; and 
(C) information regarding whether the ac-
tions described in subparagraph (B) resulted in 
compliance with applicable detention standards 
and regulations. 
SEC. 3717. PROCEDURES FOR BOND HEARINGS AND FILING 
OF NOTICES TO APPEAR. 
(a) ALIENS IN CUSTODY.—Section 236 (8 U.S.C. 
1226) is amended by adding at the end the following: 
‘‘(f) PROCEDURES FOR CUSTODY HEARINGS.—For 
any alien taken into custody under any provision of this 
Act, with the exception of minors being transferred to or 
in the custody of the Office of Refugee Resettlement, the 
following shall apply: 
‘‘(1) The Secretary of Homeland Security shall, 
without unnecessary delay and not later than 72 
hours after the alien is taken into custody, file the 
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796 
Notice to Appear or other relevant charging docu-
ment with the immigration court having jurisdiction 
over the location where the alien was apprehended, 
and serve such notice on the alien. 
‘‘(2) The Secretary shall immediately determine 
whether the alien shall remain in custody or be re-
leased and, without unnecessary delay and not later 
than 72 hours after the alien was taken into cus-
tody, serve upon the alien the custody decision speci-
fying the reasons for continued custody and the 
amount of bond if any. 
‘‘(3) The Attorney General shall ensure the 
alien has the opportunity to appear before an immi-
gration judge for a custody determination hearing 
promptly after service of the Secretary’s custody de-
cision. The immigration judge may, on the Sec-
retary’s motion and upon a showing of good cause, 
postpone a custody redetermination hearing for no 
more than 72 hours after service of the custody deci-
sion, except that in no case shall the hearing occur 
more than 6 days (including weekends and holidays) 
after the alien was taken into custody. 
‘‘(4) The immigration judge shall advise the 
alien of the right to postpone the custody determina-
tion hearing and shall, on the oral or written request 
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797 
of the individual, postpone the custody determina-
tion hearing for a period of not more than 14 days. 
‘‘(5) Except for aliens that the immigration 
judge has determined are deportable under section 
236(c) or certified under section 236A, the immigra-
tion judge shall review the custody determination de 
novo and may continue to detain the alien only if the 
Secretary demonstrates that no conditions, including 
the use of alternatives to detention that maintain 
custody over the alien, will reasonably assure the ap-
pearance of the alien as required and the safety of 
any other person and the community. For aliens 
whom the immigration judge has determined are de-
portable under section 236(c), the immigration judge 
may review the custody determination if the Sec-
retary agrees the alien is not a danger to the com-
munity, and alternatives to detention exist that en-
sure the appearance of the alien, as required, and 
the safety of any other person and the community. 
‘‘(6) In the case of any alien remaining in cus-
tody after a custody determination, the Attorney 
General shall provide de novo custody determination 
hearings before an immigration judge every 90 days 
so long as the alien remains in custody. An alien 
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(II) assisting such students in 
identifying and applying for financial 
aid (such as loans, grants, and schol-
arships) for an institution of higher 
education; 
(iv) provide opportunities for such 
students, either online or in person, to 
learn about preparing for enrollment in an 
institution of higher education, including 
by 
providing 
instruction 
to 
students 
about— 
(I) 
choosing 
the 
appropriate 
courses to prepare for postsecondary 
education; 
(II) applying to an institution of 
higher education; 
(III) building a student portfolio, 
which may be used when applying to 
an institution of higher education; 
(IV) selecting an institution of 
higher education; 
(V) choosing a major for the stu-
dent’s postsecondary program of edu-
cation or a career path, including spe-
cific instruction on pursuing science, 
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882 
ernmental research organization, the Secretary of Labor 
shall determine such wage levels as follows: 
‘‘(1) If the Secretary of Labor uses, or makes 
available to employers, a governmental survey to de-
termine the prevailing wage, such survey shall pro-
vide at least 4 levels of wages commensurate with 
experience, education, and the level of supervision. 
‘‘(2) If an existing government survey has only 
2 levels, 2 intermediate levels may be created by di-
viding by 3, the difference between the 2 levels of-
fered, adding the quotient thus obtained to the first 
level and subtracting that quotient from the second 
level. 
‘‘(3) For institutions of higher education, only 
teaching positions and research positions may be 
paid using this special educational wage level. 
‘‘(4) In computing the prevailing wage level for 
an occupational classification in an area of employ-
ment 
for 
purposes 
of 
subsections 
(a)(5)(A), 
(n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) and section 
203(b)(1)(D) for an employee of an institution of 
higher education, or a related or affiliated nonprofit 
entity or a nonprofit research organization or a gov-
ernmental research organization, the prevailing wage 
level shall only take into account employees at such 
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