‘‘unless, in the opinion of the Secretary of 
Homeland Security, removing the alien to such 
country would be prejudicial to the United 
States.’’; and 
(C) by amending subparagraph (C) to read 
as follows: 
‘‘(C) ALTERNATIVE
COUNTRIES.—If the 
alien is not removed to a country designated in 
subparagraph (A) or (B), the Secretary of 
Homeland Security may, in such Secretary’s 
discretion, remove the alien to—
‘‘(i) the country of which the alien is 
a citizen, subject, or national, unless the 
country prevents the alien from entering 
the country upon the alien’s removal there; 
or 
‘‘(ii) any country whose government 
will accept the alien into that country.’’; 
and 
(2) in paragraph (2)—
(A) by striking ‘‘Attorney General’’ each 
place such term appears and inserting ‘‘Sec-
retary of Homeland Security’’; 
(B) by amending subparagraph (D) to 
read as follows:
‘‘(D) ALTERNATIVE
COUNTRIES.—If the 
alien is not removed to a country designated 
under subparagraph (A)(i), the Secretary of 
Homeland Security may, in such Secretary’s 
discretion, remove the alien to a country of 
which the alien is a subject, national, or citizen, 
unless—
‘‘(i) the country prevents the alien 
from entering the country upon the alien’s 
removal there; or 
‘‘(ii) in the opinion of the Secretary of 
Homeland Security, removing the alien to 
the country would be prejudicial to the 
United States.’’; and 
(C) by amending subparagraph (E)(vii) to 
read as follows: 
‘‘(vii) Any country whose government 
will accept the alien into that country.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to any deportation, exclu-
sion, or removal on or after such date pursuant to any 
deportation, exclusion, or removal order, regardless of 
whether such order is administratively final before, on, or 
after such date.
SEC. 4. REMOVAL OF ALIENS POSING A DANGER TO NA-
TIONAL SECURITY. 
Section 237(a)(4) of the Immigration and Nationality 
Act (8 U.S.C. 1227(a)(4)) is amended by adding at the 
end the following: 
‘‘(E) NATIONAL SECURITY.—
‘‘(i) ALIENS
OTHER
THAN
LAWFUL 
PERMANENT RESIDENTS.—An alien, other 
than an alien lawfully admitted for perma-
nent residence, whose presence or activities 
in the United States the Attorney General 
or the Secretary of Homeland Security has 
reason to believe poses or pose a danger to 
the national security of the United States 
(as defined in section 219(c)(2)), is deport-
able. 
‘‘(ii) 
DELEGATION.—Delegation 
by 
the Attorney General and the Secretary of 
Homeland Security of authority to make 
determinations for the purpose of estab-
lishing deportability under this subpara-
graph shall be limited to the Deputy Attor-
ney General and the Deputy Secretary of 
Homeland Security, respectively. 
‘‘(iii) BEST
AVAILABLE
INFORMA-
TION.—In making determinations for the
purpose of establishing whether an alien is 
deportable under this subparagraph, the 
Attorney General or the Deputy Attorney 
General, and the Secretary of Homeland 
Security or Deputy Secretary of Homeland 
Security, may take into account the best 
available information from the intelligence 
community, including confidential or na-
tional security information, and shall con-
sult with appropriate heads of agencies of 
the executive branch. 
‘‘(iv) JUDICIAL
REVIEW.—A deter-
mination made under this subparagraph 
shall be affirmed if challenged in Federal 
court where a facially legitimate and bona 
fide reason in support of the determination 
is provided. 
‘‘(v) RELIEF AND WITHHOLDING.—An 
alien who is deportable under this subpara-
graph shall not be eligible for any discre-
tionary relief from removal or for with-
holding 
of 
removal 
under 
section 
241(b)(3). Notwithstanding any other pro-
vision of law, including section 2241 of 
title 28, United States Code, no court shall
have jurisdiction to review a denial of relief 
or withholding made pursuant to this 
clause.’’.
Æ