163 
(b) RULEMAKING.—The Secretary shall within one 
year of the date of enactment of this Act promulgate regu-
lations to provide for the imposition and collection of pen-
alties for failure to depart under section 240B(d) of the 
Immigration and Nationality Act (8 U.S.C. 1229c(d)). 
(c) EFFECTIVE DATES.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this section 
shall apply with respect to all orders granting vol-
untary departure under section 240B of the Immi-
gration and Nationality Act (8 U.S.C. 1229c) made 
on or after the date that is 180 days after the enact-
ment of this Act. 
(2) EXCEPTION.—The amendment made by 
subsection (a)(6) shall take effect on the date of the 
enactment of this Act and shall apply with respect 
to any petition for review which is filed on or after 
such date. 
SEC. 603. DETERRING ALIENS ORDERED REMOVED FROM 
REMAINING IN THE UNITED STATES UNLAW-
FULLY. 
(a) INADMISSIBLE ALIENS.—Section 212(a)(9)(A) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(a)(9)(A)) is amended— 
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(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 
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) BAR ON DISCRETIONARY RELIEF.—Section 274D 
of such Act (8 U.S.C. 324d) is amended— 
(1) in subsection (a), by striking ‘‘Commis-
sioner’’ and inserting ‘‘Secretary of Homeland Secu-
rity’’; and 
(2) by adding at the end the following: 
‘‘(c) INELIGIBILITY FOR RELIEF.— 
‘‘(1) IN GENERAL.—Unless a timely motion to 
reopen is granted under section 240(c)(6), an alien 
described in subsection (a) shall be ineligible for any 
discretionary relief from removal (including cancella-
tion of removal and adjustment of status) during the 
time the alien remains in the United States and for 
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a period of 10 years after the alien’s departure from 
the United States. 
‘‘(2) SAVINGS
PROVISION.—Nothing in para-
graph (1) shall preclude a motion to reopen to seek 
withholding of removal under section 241(b)(3) or 
protection against torture, if the motion— 
‘‘(A) presents material evidence of changed 
country conditions arising after the date of the 
final order of removal in the country to which 
the alien would be removed; and 
‘‘(B) makes a sufficient showing to the sat-
isfaction of the Attorney General that the alien 
is otherwise eligible for such protection.’’. 
(c) EFFECTIVE DATES.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act with respect to aliens who are subject to a final 
order of removal entered before, on, or after such date. 
SEC. 604. REINSTATEMENT OF REMOVAL ORDERS. 
(a) IN GENERAL.—Section 241(a)(5) of the Immi-
gration and Nationality Act (8 U.S.C. 1231(a)(5)) is 
amended to read as follows: 
‘‘(5) REINSTATEMENT
OF
REMOVAL
ORDERS 
AGAINST ALIENS ILLEGALLY REENTERING.—If the 
Secretary of Homeland Security finds that an alien 
has entered the United States illegally after having 
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been removed, deported, or excluded or having de-
parted voluntarily, under an order of removal, depor-
tation, or exclusion, regardless of the date of the 
original order or the date of the illegal entry— 
‘‘(A) the order of removal, deportation, or 
exclusion is reinstated from its original date 
and is not subject to being reopened or reviewed 
notwithstanding section 242(a)(2)(D); 
‘‘(B) the alien is not eligible and may not 
apply for any relief under this Act, regardless 
of the date that an application or request for 
such relief may have been filed or made; and 
‘‘(C) the alien shall be removed under the 
order of removal, deportation, or exclusion at 
any time after the illegal entry. 
Reinstatement under this paragraph shall not re-
quire proceedings under section 240 or other pro-
ceedings before an immigration judge.’’. 
(b) JUDICIAL REVIEW.—Section 242 of the Immigra-
tion and Nationality Act (8 U.S.C. 1252) is amended by 
adding at the end the following: 
‘‘(h) JUDICIAL REVIEW OF REINSTATEMENT UNDER 
SECTION 241(a)(5).— 
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‘‘(1) REVIEW
OF
REINSTATEMENT.—Judicial 
review of determinations under section 241(a)(5) is 
available in an action under subsection (a). 
‘‘(2) NO REVIEW OF ORIGINAL ORDER.—Not-
withstanding any other provision of law (statutory or 
nonstatutory), including section 2241 of title 28, 
United States Code, any other habeas corpus provi-
sion, or sections 1361 and 1651 of such title, no 
court shall have jurisdiction to review any cause or 
claim, arising from, or relating to, any challenge to 
the original order.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
subsections (a) and (b) shall take effect as if enacted on 
April 1, 1997, and shall apply to all orders reinstated or 
after that date by the Secretary of Homeland Security (or 
by the Attorney General prior to March 1, 2003), regard-
less of the date of the original order. 
SEC. 605. CLARIFICATION WITH RESPECT TO DEFINITION 
OF ADMISSION. 
Section 101(a)(13)(A) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(13)(A)) is amended by 
adding at the end the following: ‘‘An alien’s adjustment 
of status to that of lawful permanent resident status under 
any provision of this Act, or under any other provision 
of law, shall be considered an ‘admission’ for any purpose 
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under this Act, even if the adjustment of status occurred 
while the alien was present in the United States.’’. 
SEC. 606. REPORTS TO CONGRESS ON THE EXERCISE AND 
ABUSE OF PROSECUTORIAL DISCRETION. 
(a) IN GENERAL.—Not later than 180 days after the 
end of each fiscal year, the Secretary of Homeland Secu-
rity and the Attorney General shall each provide to the 
Committees on the Judiciary of the House of Representa-
tives and of the Senate a report on the following: 
(1) Aliens apprehended or arrested by State or 
local law enforcement agencies who were identified 
by the Department of Homeland Security in the pre-
vious fiscal year and for whom the Department of 
Homeland Security did not issue detainers and did 
not take into custody despite the Department of 
Homeland Security’s findings that the aliens were 
inadmissible or deportable. 
(2) Aliens who were applicants for admission in 
the previous fiscal year but not clearly and beyond 
a doubt entitled to be admitted by an immigration 
officer and who were not detained as required pursu-
ant to section 235(b)(2)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1225(b)(2)(A)). 
(3) Aliens who in the previous fiscal year were 
found by Department of Homeland Security officials 
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performing duties related to the adjudication of ap-
plications for immigration benefits or the enforce-
ment of the immigration laws to be inadmissible or 
deportable who were not issued notices to appear 
pursuant to section 239 of such Act (8 U.S.C. 1229) 
or placed into removal proceedings pursuant to sec-
tion 240 (8 U.S.C. 1229a), unless the aliens were 
placed into expedited removal proceedings pursuant 
to 
section 
235(b)(1)(A)(i) 
(8 
U.S.C. 
1225(b)(1)(A)(5)) or section 238 (8 U.S.C. 1228), 
were granted voluntary departure pursuant to sec-
tion 240B, were granted relief from removal pursu-
ant to statute, were granted legal nonimmigrant or 
immigrant status pursuant to statute, or were deter-
mined not to be inadmissible or deportable. 
(4) Aliens issued notices to appear that were 
cancelled in the previous fiscal year despite the De-
partment of Homeland Security’s findings that the 
aliens were inadmissible or deportable, unless the 
aliens were granted relief from removal pursuant to 
statute, were granted voluntary departure pursuant 
to section 240B of such Act (8 U.S.C. 1229c), or 
were granted legal nonimmigrant or immigrant sta-
tus pursuant to statute. 
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(5) Aliens who were placed into removal pro-
ceedings, whose removal proceedings were termi-
nated in the previous fiscal year prior to their con-
clusion, unless the aliens were granted relief from 
removal pursuant to statute, were granted voluntary 
departure pursuant to section 240B, were granted 
legal nonimmigrant or immigrant status pursuant to 
statute, or were determined not to be inadmissible or 
deportable. 
(6) Aliens granted parole pursuant to section 
212(d)(5)(A) of such Act (8 U.S.C. 1182(d)(5)(A)). 
(7) Aliens granted deferred action, extended 
voluntary departure or any other type of relief from 
removal not specified in the Immigration and Na-
tionality Act or where determined not to be inadmis-
sible or deportable. 
(b) CONTENTS OF REPORT.—The report shall include 
a listing of each alien described in each paragraph of sub-
section (a), including when in the possession of the De-
partment of Homeland Security their names, fingerprint 
identification numbers, alien registration numbers, and 
reason why each was granted the type of prosecutorial dis-
cretion received. The report shall also include current 
criminal histories on each alien from the Federal Bureau 
of Investigation. 
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SEC. 607. CERTAIN ACTIVITIES RESTRICTED. 
(a) IN GENERAL.— 
(1) No funds, resources, or fees made available 
to the Secretary of Homeland Security, or to any 
other official of a Federal agency, by this Act or any 
other Act for any fiscal year, including any deposits 
into the ‘‘Immigration Examinations Fee Account’’ 
established under section 286(m) of the Immigration 
and Nationality Act (8 U.S.C. 1356(m)), may be 
used to implement, administer, enforce, or carry out 
(including through the issuance of any regulations) 
any of the policy changes set forth in the following 
memoranda (or any substantially similar policy 
changes issued or taken on or after January 9, 
2015, whether set forth in memorandum, Executive 
order, regulation, directive, or by other action): 
(A) The memorandum from the Director of 
United States Immigration and Customs En-
forcement entitled ‘‘Civil Immigration Enforce-
ment: Priorities for the Apprehension, Deten-
tion, and Removal of Aliens’’ dated March 2, 
2011. 
(B) The memorandum from the Director 
of United States Immigration and Customs En-
forcement entitled ‘‘Exercising Prosecutorial 
Discretion Consistent with the Civil Immigra-
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tion Enforcement Priorities of the Agency for 
the Apprehension, Detention, and Removal of 
Aliens’’ dated June 17, 2011. 
(C) The memorandum from the Principal 
Legal Advisor of United States Immigration 
and Customs Enforcement entitled ‘‘Case-by- 
Case Review of Incoming and Certain Pending 
Cases’’ dated November 17, 2011. 
(D) The memorandum from the Director 
of United States Immigration and Customs En-
forcement entitled ‘‘Civil Immigration Enforce-
ment: Guidance on the Use of Detainers in the 
Federal, State, Local, and Tribal Criminal Jus-
tice Systems’’ dated December 21, 2012. 
(E) The memorandum from the Secretary 
of Homeland Security entitled ‘‘Southern Bor-
der and Approaches Campaign’’ dated Novem-
ber 20, 2014. 
(F) The memorandum from the Secretary 
of Homeland Security entitled ‘‘Policies for the 
Apprehension, Detention and Removal of Un-
documented Immigrants’’ dated November 20, 
2014. 
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(G) The memorandum from the Secretary 
of Homeland Security entitled ‘‘Secure Commu-
nities’’ dated November 20, 2014. 
(H) The memorandum from the Secretary 
of Homeland Security entitled ‘‘Exercising 
Prosecutorial Discretion with Respect to Indi-
viduals Who Came to the United States as Chil-
dren and with Respect to Certain Individuals 
Who Are the Parents of U.S. Citizens or Per-
manent Residents’’ dated November 20, 2014. 
(I) The memorandum from the Secretary 
of Homeland Security entitled ‘‘Expansion of 
the Provisional Waiver Program’’ dated Novem-
ber 20, 2014. 
(J) The memorandum from the Secretary 
of Homeland Security entitled ‘‘Policies Sup-
porting U.S. High-Skilled Businesses and 
Workers’’ dated November 20, 2014. 
(K) The memorandum from the Secretary 
of Homeland Security entitled ‘‘Families of 
U.S. Armed Forces Members and Enlistees’’ 
dated November 20, 2014. 
(L) The memorandum from the Secretary 
of Homeland Security entitled ‘‘Directive to 
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Provide Consistency Regarding Advance Pa-
role’’ dated November 20, 2014. 
(M) The memorandum from the Secretary 
of Homeland Security entitled ‘‘Policies to Pro-
mote and Increase Access to U.S. Citizenship’’ 
dated November 20, 2014. 
(N) The memorandum from the President 
entitled ‘‘Modernizing and Streamlining the 
U.S. Immigrant Visa System for the 21st Cen-
tury’’ dated November 21, 2014. 
(O) The memorandum from the President 
entitled ‘‘Creating Welcoming Communities and 
Fully Integrating Immigrants and Refugees’’ 
dated November 21, 2014. 
(2) The memoranda referred to in subsection 
(a) (or any substantially similar policy changes 
issued or taken on or after January 9, 2015, wheth-
er set forth in memorandum, Executive order, regu-
lation, directive, or by other action) have no statu-
tory or constitutional basis and therefore have no 
legal effect. 
(3) No funds or fees made available to the Sec-
retary of Homeland Security, or to any other official 
of a Federal agency, by this Act or any other Act 
for any fiscal year, including any deposits into the 
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