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(2) providing uniform standards that all other 
Federal law enforcement officials shall follow to co-
operate with such Sheriffs and to otherwise imple-
ment the requirements of this section. 
(h) EFFECTIVE DATE.—The provisions of this sec-
tion shall take effect on its enactment. The promulgation 
of any regulations under subsection (g) is not a necessary 
precondition to the immediate deployment or work of 
Sheriffs personnel or corrections officers as authorized by 
this section. Any reasonable and necessary expenses or 
costs authorized by this section and incurred by such 
Sheriffs after the date of the enactment of this Act but 
prior to the date of the promulgation of such regulations 
are eligible for reimbursement under the terms and condi-
tions of this section. 
(i) AUDIT.—All funds paid out under this section are 
subject to audit by the Inspector General of the Depart-
ment of Justice and abuse or misuse of such funds shall 
be vigorously investigated and prosecuted to the full extent 
of Federal law. 
(j) SUPPLEMENTAL FUNDING.—All funds paid out 
under this section must supplement, and may not sup-
plant, State or local funds used for the same or similar 
purposes.
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SEC. 608. RENDERING INADMISSIBLE AND DEPORTABLE 
ALIENS 
PARTICIPATING 
IN 
CRIMINAL 
STREET GANGS; DETENTION; INELIGIBILITY 
FROM PROTECTION FROM REMOVAL AND 
ASYLUM. 
(a) INADMISSIBLE.—Section 212(a)(2) of the Immi-
gration and Nationality Act (8 U.S.C. 1182(a)(2)), as 
amended by section 604(b), is further amended by adding 
at the end the following: 
‘‘(M) CRIMINAL STREET GANG PARTICIPA-
TION.— 
‘‘(i) IN GENERAL.—Any alien is inad-
missible if the alien has been removed 
under section 237(a)(2)(F), or if the con-
sular officer or the Secretary of Homeland 
Security knows, or has reasonable ground 
to believe that the alien— 
‘‘(I) is a member of a criminal 
street gang and has committed, con-
spired, or threatened to commit, or 
seeks to enter the United States to 
engage solely, principally, or inciden-
tally in, a gang crime or any other un-
lawful activity; or
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‘‘(II) is a member of a criminal 
street gang designated under section 
219A. 
‘‘(ii) CRIMINAL
STREET
GANG
DE-
FINED.—For purposes of this subpara-
graph, the term ‘criminal street gang’ 
means a formal or informal group or asso-
ciation of 3 or more individuals, who com-
mit 2 or more gang crimes (one of which 
is a crime of violence, as defined in section 
16 of title 18, United States Code) in 2 or 
more separate criminal episodes in relation 
to the group or association. 
‘‘(iii) GANG
CRIME
DEFINED.—For 
purposes of this subparagraph, the term 
‘gang crime’ means conduct constituting 
any Federal or State crime, punishable by 
imprisonment for one year or more, in any 
of the following categories: 
‘‘(I) A crime of violence (as de-
fined in section 16 of title 18, United 
States Code). 
‘‘(II) A crime involving obstruc-
tion of justice, tampering with or re-
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taliating against a witness, victim, or 
informant, or burglary. 
‘‘(III) A crime involving the man-
ufacturing, 
importing, 
distributing, 
possessing with intent to distribute, or 
otherwise dealing in a controlled sub-
stance or listed chemical (as those 
terms are defined in section 102 of 
the Controlled Substances Act (21 
U.S.C. 802)). 
‘‘(IV) Any conduct punishable 
under section 844 of title 18, United 
States Code (relating to explosive ma-
terials), subsection (d), (g)(1) (where 
the underlying conviction is a violent 
felony 
(as 
defined 
in 
section 
924(e)(2)(B) of such title) or is a se-
rious drug offense (as defined in sec-
tion 924(e)(2)(A)), (i), (j), (k), (o), 
(p), (q), (u), or (x) of section 922 of 
such title (relating to unlawful acts), 
or subsection (b), (c), (g), (h), (k), (l), 
(m), or (n) of section 924 of such title 
(relating to penalties), section 930 of 
such title (relating to possession of
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firearms and dangerous weapons in 
Federal facilities), section 931 of such 
title (relating to purchase, ownership, 
or possession of body armor by violent 
felons), sections 1028 and 1029 of 
such title (relating to fraud and re-
lated activity in connection with iden-
tification documents or access de-
vices), section 1952 of such title (re-
lating to interstate and foreign travel 
or transportation in aid of racket-
eering enterprises), section 1956 of 
such title (relating to the laundering 
of monetary instruments), section 
1957 of such title (relating to engag-
ing in monetary transactions in prop-
erty 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). 
‘‘(V) Any conduct punishable 
under section 274 (relating to bring-
ing in and harboring certain aliens), 
section 277 (relating to aiding or as-
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sisting certain aliens to enter the 
United States), or section 278 (relat-
ing to importation of alien for im-
moral purpose) of this Act.’’. 
(b) DEPORTABLE.—Section 237(a)(2) of such Act (8 
U.S.C. 1227(a)(2)) is amended by adding at the end the 
following: 
‘‘(G) CRIMINAL STREET GANG PARTICIPA-
TION.— 
‘‘(i) IN GENERAL.—Any alien is de-
portable who— 
‘‘(I) is a member of a criminal 
street gang and is convicted of com-
mitting, or conspiring, threatening, or 
attempting to commit, a gang crime; 
or 
‘‘(II) is determined by the Sec-
retary of Homeland Security to be a 
member of a criminal street gang des-
ignated under section 219A. 
‘‘(ii) DEFINITIONS.—For purposes of 
this subparagraph, the terms ‘criminal 
street gang’ and ‘gang crime’ have the 
meaning given such terms in section 
212(a)(2)(M).’’.
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(c) DESIGNATION OF CRIMINAL STREET GANGS.— 
(1) IN GENERAL.—Chapter 2 of title II of the 
Immigration and Nationality Act (8 U.S.C. 1181 et 
seq.) is amended by adding at the end the following: 
‘‘DESIGNATION OF CRIMINAL STREET GANGS 
‘‘SEC. 219A. (a) DESIGNATION.— 
‘‘(1) IN GENERAL.—The Attorney General is 
authorized to designate a group or association as a 
criminal street gang in accordance with this sub-
section if the Attorney General finds that the group 
or association meets the criteria described in section 
212(a)(2)(M)(ii)(I). 
‘‘(2) PROCEDURE.— 
‘‘(A) NOTICE.— 
‘‘(i) TO CONGRESSIONAL LEADERS.— 
Seven days before making a designation 
under this subsection, the Attorney Gen-
eral shall notify the Speaker and Minority 
Leader of the House of Representatives 
and the Majority Leader and Minority 
Leader of the Senate, and the members of 
the relevant committees of the House of 
Representatives and the Senate, in writing, 
of the intent to designate a group or asso-
ciation under this subsection, together with 
the findings made under paragraph (1)
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with respect to that group or association, 
and the factual basis therefor. 
‘‘(ii) PUBLICATION IN FEDERAL REG-
ISTER.—The Attorney shall publish the 
designation in the Federal Register seven 
days after providing the notification under 
clause (i). 
‘‘(B) EFFECT OF DESIGNATION.— 
‘‘(i) A designation under this sub-
section shall take effect upon publication 
under subparagraph (A)(ii). 
‘‘(ii) Any designation under this sub-
section shall cease to have effect upon an 
Act of Congress disapproving such des-
ignation. 
‘‘(3) RECORD.—In making a designation under 
this subsection, the Attorney General shall create an 
administrative record. 
‘‘(4) PERIOD OF DESIGNATION.— 
‘‘(A) IN GENERAL.—A designation under 
this subsection shall be effective for all purposes 
until revoked under paragraph (5) or (6) or set 
aside pursuant to subsection (b). 
‘‘(B) REVIEW OF DESIGNATION UPON PE-
TITION.—
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‘‘(i) 
IN
GENERAL.—The 
Attorney 
General shall review the designation of a 
criminal street gang under the procedures 
set forth in clauses (iii) and (iv) if the des-
ignated gang or association files a petition 
for revocation within the petition period 
described in clause (ii). 
‘‘(ii) PETITION
PERIOD.—For pur-
poses of clause (i)— 
‘‘(I) if the designated gang or as-
sociation has not previously filed a pe-
tition for revocation under this sub-
paragraph, the petition period begins 
2 years after the date on which the 
designation was made; or 
‘‘(II) if the designated gang or 
association has previously filed a peti-
tion for revocation under this sub-
paragraph, the petition period begins 
2 years after the date of the deter-
mination made under clause (iv) on 
that petition. 
‘‘(iii) 
PROCEDURES.—Any 
criminal 
street gang that submits a petition for rev-
ocation under this subparagraph must pro-
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vide evidence in that petition that the rel-
evant circumstances described in para-
graph (1) are sufficiently different from 
the circumstances that were the basis for 
the designation such that a revocation with 
respect to the gang is warranted. 
‘‘(iv) DETERMINATION.— 
‘‘(I) IN
GENERAL.—Not later 
than 180 days after receiving a peti-
tion for revocation submitted under 
this subparagraph, the Attorney Gen-
eral shall make a determination as to 
such revocation. 
‘‘(II) PUBLICATION
OF
DETER-
MINATION.—A determination made by 
the Attorney General under this 
clause shall be published in the Fed-
eral Register. 
‘‘(III) PROCEDURES.—Any rev-
ocation by the Attorney General shall 
be made in accordance with para-
graph (6). 
‘‘(C) OTHER REVIEW OF DESIGNATION.— 
‘‘(i) IN GENERAL.—If in a 5-year pe-
riod no review has taken place under sub-
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paragraph (B), the Attorney General shall 
review the designation of the criminal 
street gang in order to determine whether 
such designation should be revoked pursu-
ant to paragraph (6). 
‘‘(ii) PROCEDURES.—If a review does 
not take place pursuant to subparagraph 
(B) in response to a petition for revocation 
that is filed in accordance with that sub-
paragraph, then the review shall be con-
ducted pursuant to procedures established 
by the Attorney General. The results of 
such review and the applicable procedures 
shall not be reviewable in any court. 
‘‘(iii) PUBLICATION OF RESULTS OF 
REVIEW.—The Attorney General shall pub-
lish any determination made pursuant to 
this subparagraph in the Federal Register. 
‘‘(5) REVOCATION BY ACT OF CONGRESS.—The 
Congress, by an Act of Congress, may block or re-
voke a designation made under paragraph (1). 
‘‘(6) REVOCATION BASED ON CHANGE IN CIR-
CUMSTANCES.— 
‘‘(A) IN GENERAL.—The Attorney General 
may revoke a designation made under para-
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graph (1) at any time, and shall revoke a des-
ignation upon completion of a review conducted 
pursuant to subparagraphs (B) and (C) of 
paragraph (4) if the Attorney General finds 
that the circumstances that were the basis for 
the designation have changed in such a manner 
as to warrant revocation. 
‘‘(B) PROCEDURE.—The procedural re-
quirements of paragraphs (2) and (3) shall 
apply to a revocation under this paragraph. Any 
revocation shall take effect on the date specified 
in the revocation or upon publication in the 
Federal Register if no effective date is specified. 
‘‘(7) EFFECT OF REVOCATION.—The revocation 
of a designation under paragraph (5) or (6) shall 
not affect any action or proceeding based on conduct 
committed prior to the effective date of such revoca-
tion. 
‘‘(8) USE OF DESIGNATION IN HEARING.—If a 
designation under this subsection has become effec-
tive under paragraph (2)(B) an alien in a removal 
proceeding shall not be permitted to raise any ques-
tion concerning the validity of the issuance of such 
designation as a defense or an objection at any hear-
ing.
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‘‘(b) JUDICIAL REVIEW OF DESIGNATION.— 
‘‘(1) IN
GENERAL.—Not later than 30 days 
after publication of the designation in the Federal 
Register, a group or association designated as a 
criminal street gang may seek judicial review of the 
designation in the United States Court of Appeals 
for the District of Columbia Circuit. 
‘‘(2) BASIS
OF
REVIEW.—Review under this 
subsection shall be based solely upon the administra-
tive record. 
‘‘(3) SCOPE OF REVIEW.—The Court shall hold 
unlawful and set aside a designation the court finds 
to be— 
‘‘(A) arbitrary, capricious, an abuse of dis-
cretion, or otherwise not in accordance with 
law; 
‘‘(B) contrary to constitutional right, 
power, privilege, or immunity; 
‘‘(C) in excess of statutory jurisdiction, au-
thority, or limitation, or short of statutory 
right; 
‘‘(D) lacking substantial support in the ad-
ministrative record taken as a whole; or 
‘‘(E) not in accord with the procedures re-
quired by law.
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‘‘(4) JUDICIAL REVIEW INVOKED.—The pend-
ency of an action for judicial review of a designation 
shall not affect the application of this section, unless 
the court issues a final order setting aside the des-
ignation. 
‘‘(c) RELEVANT COMMITTEE DEFINED.—As used in 
this section, the term ‘relevant committees’ means the 
Committees on the Judiciary of the House of Representa-
tives and of the Senate.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents of such Act (8 U.S.C. 1101 et seq.) is amend-
ed by inserting after the item relating to section 219 
the following: 
‘‘Sec. 219A. Designation of criminal street gangs.’’. 
(d) MANDATORY DETENTION OF CRIMINAL STREET 
GANG MEMBERS.— 
(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)(M)’’ after 
‘‘212(a)(3)(B)’’; and 
(B) by inserting ‘‘237(a)(2)(F) or’’ before 
‘‘237(a)(4)(B)’’. 
(2) ANNUAL REPORT.—Not later than March 1 
of each year (beginning 1 year after the date of the 
enactment of this Act), the Secretary of Homeland
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Security, after consultation with the appropriate 
Federal agencies, shall submit a report to the Com-
mittees on the Judiciary of the House of Represent-
atives and of the Senate on the number of aliens de-
tained under the amendments made by paragraph 
(1). 
(3) EFFECTIVE DATE.—This subsection and the 
amendments made by this subsection are effective as 
of the date of enactment of this Act and shall apply 
to aliens detained on or after such date. 
(e) INELIGIBILITY OF ALIEN STREET GANG MEM-
BERS FROM PROTECTION FROM REMOVAL
AND ASY-
LUM.— 
(1) INAPPLICABILITY OF RESTRICTION ON RE-
MOVAL
TO
CERTAIN
COUNTRIES.—Section 
241(b)(3)(B) of the Immigration and Nationality 
Act (8 U.S.C. 1251(b)(3)(B)) is amended, in the 
matter preceding clause (i), by inserting ‘‘who is de-
scribed 
in 
section 
212(a)(2)(M)(i) 
or 
section 
237(a)(2)(F)(i) or who is’’ after ‘‘to an alien’’. 
(2) 
INELIGIBILITY
FOR
ASYLUM.—Section 
208(b)(2)(A) of such Act (8 U.S.C. 1158(b)(2)(A)) 
is amended— 
(A) in clause (v), by striking ‘‘or’’ at the 
end;
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(B) by redesignating clause (vi) as clause 
(vii); and 
(C) by inserting after clause (v) the fol-
lowing: 
‘‘(vi) the alien is described in section 
212(a)(2)(M)(i) or section 237(a)(2)(F)(i) 
(relating to participation in criminal street 
gangs); or’’. 
(3) DENIAL OF REVIEW OF DETERMINATION OF 
INELIGIBILITY
FOR
TEMPORARY
PROTECTED
STA-
TUS.—Section 244(c)(2) of such Act (8 U.S.C. 
1254(c)(2)) is amended by adding at the end the fol-
lowing: 
‘‘(C) LIMITATION ON JUDICIAL REVIEW.— 
There shall be no judicial review of any finding 
under subparagraph (B) that an alien is in de-
scribed in section 208(b)(2)(A)(vi).’’. 
(4) EFFECTIVE DATE.—The amendments made 
by this subsection are effective on the date of enact-
ment of this Act and shall apply to all applications 
pending on or after such date. 
(f) EFFECTIVE DATE.—Except as otherwise pro-
vided, the amendments made by this section are effective 
as of the date of enactment and shall apply to all pending
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cases in which no final administrative action has been en-
tered. 
SEC. 609. NATURALIZATION REFORM. 
(a) BARRING
TERRORISTS
FROM
NATURALIZA-
TION.—Section 316 of the Immigration and Nationality 
Act (8 U.S.C. 1427) is amended by adding at the end the 
following new subsection: 
‘‘(g) No person shall be naturalized who the Sec-
retary of Homeland Security determines, in the Sec-
retary’s discretion, to have been at any time an alien de-
scribed in section 212(a)(3) or 237(a)(4). Such determina-
tion may be based upon any relevant information or evi-
dence, including classified, sensitive, or national security 
information, and shall be binding upon, and unreviewable 
by, any court exercising jurisdiction under the immigra-
tion laws over any application for naturalization, regard-
less whether such jurisdiction to review a decision or ac-
tion of the Secretary is de novo or otherwise.’’. 
(b) CONCURRENT NATURALIZATION AND REMOVAL 
PROCEEDINGS.—The last sentence of section 318 of such 
Act (8 U.S.C. 1429) is amended— 
(1) by striking ‘‘shall be considered by the At-
torney General’’ and inserting ‘‘shall be considered 
by the Secretary of Homeland Security or any 
court’’;
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(2) by striking ‘‘pursuant to a warrant of arrest 
issued under the provisions of this or any other 
Act:’’ and inserting ‘‘or other proceeding to deter-
mine the applicant’s inadmissibility or deportability, 
or to determine whether the applicant’s lawful per-
manent resident status should be rescinded, regard-
less of when such proceeding was commenced:’’; and 
(3) by striking ‘‘upon the Attorney General’’ 
and inserting ‘‘upon the Secretary of Homeland Se-
curity’’. 
(c) PENDING
DENATURALIZATION
OR
REMOVAL 
PROCEEDINGS.—Section 204(b) of such Act (8 U.S.C. 
1154(b)) is amended by adding at the end the following: 
‘‘No petition shall be approved pursuant to this section 
if there is any administrative or judicial proceeding 
(whether civil or criminal) pending against the petitioner 
that could (whether directly or indirectly) result in the pe-
titioner’s denaturalization or the loss of the petitioner’s 
lawful permanent resident status.’’. 
(d) CONDITIONAL PERMANENT RESIDENTS.—Sec-
tion 216(e) and section 216A(e) of such Act (8 U.S.C. 
1186a(e), 1186b(e)) are each amended by inserting before 
the period at the end the following: ‘‘, if the alien has had 
the conditional basis removed under this section’’.
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(e) DISTRICT COURT JURISDICTION.—Section 336(b) 
of such Act (8 U.S.C. 1447(b)) is amended to read as 
follows: 
‘‘(b) If there is a failure to render a final administra-
tive decision under section 335 before the end of the 180- 
day period after the date on which the Secretary of Home-
land Security completes all examinations and interviews 
conducted under such section, as such terms are defined 
by the Secretary pursuant to regulations, the applicant 
may apply to the district court for the district in which 
the applicant resides for a hearing on the matter. Such 
court shall only have jurisdiction to review the basis for 
delay and remand the matter to the Secretary for the Sec-
retary’s determination on the application.’’. 
(f) CONFORMING AMENDMENTS.—Section 310(c) of 
such Act (8 U.S.C. 1421(c)) is amended— 
(1) by inserting ‘‘, no later than the date that 
is 120 days after the Secretary’s final determina-
tion’’ before ‘‘seek’’; and 
(2) by striking the second sentence and insert-
ing the following: ‘‘The burden shall be upon the pe-
titioner to show that the Secretary’s denial of the 
application was not supported by facially legitimate 
and bona fide reasons. Except in a proceeding under 
section 340, notwithstanding any other provision of
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law (statutory or nonstatutory), including section 
2241 of title 28, United States Code, or any other 
habeas corpus provision, and sections 1361 and 
1651 of such title, no court shall have jurisdiction 
to determine, or to review a determination of the 
Secretary made at any time regarding, for purposes 
of an application for naturalization, whether an alien 
is a person of good moral character, whether an 
alien understands and is attached to the principles 
of the Constitution of the United States, or whether 
an alien is well disposed to the good order and hap-
piness of the United States.’’. 
(g) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act, shall apply to any act that occurred before, 
on, or after such date, and shall apply to any application 
for naturalization or any other case or matter under the 
immigration laws pending on, or filed on or after, such 
date. 
SEC. 610. EXPEDITED REMOVAL FOR ALIENS INADMISSIBLE 
ON CRIMINAL OR SECURITY GROUNDS. 
(a) IN GENERAL.—Section 238(b) of the Immigra-
tion and Nationality Act (8 U.S.C. 1228(b)) is amended– 
(1) in paragraph (1)—
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(A) by striking ‘‘Attorney General’’ and in-
serting ‘‘Secretary of Homeland Security in the 
exercise of discretion’’; and 
(B) by striking ‘‘set forth in this sub-
section or’’ and inserting ‘‘set forth in this sub-
section, in lieu of removal proceedings under’’; 
(2) in paragraph (3), by striking ‘‘paragraph 
(1) until 14 calendar days’’ and inserting ‘‘para-
graph (1) or (3) until 7 calendar days’’; 
(3) by striking ‘‘Attorney General’’ each place 
it appears in paragraphs (3) and (4) and inserting 
‘‘Secretary of Homeland Security’’; 
(4) in paragraph (5)— 
(A) by striking ‘‘described in this section’’ 
and inserting ‘‘described in paragraph (1) or 
(2)’’; and 
(B) by striking ‘‘the Attorney General may 
grant in the Attorney General’s discretion’’ and 
inserting ‘‘the Secretary of Homeland Security 
or the Attorney General may grant, in the dis-
cretion of the Secretary or Attorney General, in 
any proceeding’’; 
(5) by redesignating paragraphs (3), (4), and 
(5) as paragraphs (4), (5), and (6), respectively; and
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HR 4437 RFS 
(6) by inserting after paragraph (2) the fol-
lowing new paragraph: 
‘‘(3) The Secretary of Homeland Security in 
the exercise of discretion may determine inadmis-
sibility under section 212(a)(2) (relating to criminal 
offenses) and issue an order of removal pursuant to 
the procedures set forth in this subsection, in lieu of 
removal proceedings under section 240, with respect 
to an alien who 
‘‘(A) has not been admitted or paroled; 
‘‘(B) has not been found to have a credible 
fear of persecution pursuant to the procedures 
set forth in section 235(b)(1)(B); and 
‘‘(C) is not eligible for a waiver of inadmis-
sibility or relief from removal.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act but shall not apply to aliens who are 
in removal proceedings under section 240 of the Immigra-
tion and Nationality Act as of such date 
SEC. 611. TECHNICAL CORRECTION FOR EFFECTIVE DATE 
IN CHANGE IN INADMISSIBILITY FOR TER-
RORISTS UNDER REAL ID ACT. 
Effective as if included in the enactment of Public 
Law 109–13, sections 103(d)(1) and 105(a)(2)(A) of the