TITLE VI—TERRORIST AND 
CRIMINAL ALIENS 
SEC. 601. REMOVAL OF TERRORIST ALIENS. 
(a) EXPANSION OF REMOVAL.— 
(1) Section 241(b)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1231(b)(3)) is amended— 
(A) in subparagraph (A)— 
(i) by striking ‘‘Attorney General may 
not’’ and inserting ‘‘Secretary of Homeland 
Security may not’’; 
(ii) by inserting ‘‘or the Secretary’’ 
after ‘‘if the Attorney General’’; and 
(B) in subparagraph (B)— 
(i) by inserting ‘‘or the Secretary of 
Homeland Security’’ after ‘‘if the Attorney 
General’’; 
(ii) by striking ‘‘or’’ in clause (iii); 
(iii) by striking the period at the end 
of clause (iv) and inserting ‘‘; or’’; 
(iv) by inserting after clause (iv) the 
following new clause: 
‘‘(v) the alien is described in any sub-
clause of section 212(a)(3)(B)(i) or section 
212(a)(3)(F), unless, in the case only of an 
alien described in subclause (IV) or (IX) of
section 212(a)(3)(B)(i), the Secretary of 
Homeland Security determines, in the Sec-
retary’s discretion, that there are not rea-
sonable grounds for regarding the alien as 
a danger to the security of the United 
States.’’; and 
(v) in the third sentence, by inserting 
‘‘or the Secretary of Homeland Security’’ 
after ‘‘Attorney General’’; and 
(vi) by striking the last sentence. 
(2) Section 208(b)(2)(A)(v) of such Act (8 U.S.C. 
1158(b)(2)(A)(v)) is amended— 
(A) by striking ‘‘subclause (I), (II), (III), 
(IV), or (VI)’’ and inserting ‘‘any subclause’’; 
(B) by striking ‘‘237(a)(4)(B)’’ and insert-
ing ‘‘212(a)(3)(F)’’; and 
(C) by inserting ‘‘or (IX)’’ after ‘‘subclause 
(IV)’’. 
(3) Section 240A(c)(4) of such Act (8 U.S.C. 
1229b(c)(4)) is amended— 
(A) by striking ‘‘inadmissible under’’ and 
inserting ‘‘described in’’; and 
(B) by striking ‘‘deportable under’’ and in-
serting ‘‘described in’’.
(4) Section 240B(b)(1)(C) of such Act (8 U.S.C. 
1229c(b)(1)(C)) is amended by striking ‘‘deportable 
under’’ and inserting ‘‘described in’’. 
(5) Section 249 of such Act (8 U.S.C. 1259)) is 
amended— 
(A) by striking ‘‘inadmissible under’’ and 
inserting ‘‘described in’’; and 
(B) in paragraph (d), by striking ‘‘deport-
able under’’ and inserting ‘‘described in’’. 
(b) RETROACTIVE APPLICATION.—The amendments 
made by this section shall take effect on the date of enact-
ment of this Act and sections 208(b)(2)(A), 240A, 240B, 
241(b)(3), and 249 of the Immigration and Nationality Act, 
as so amended, shall apply to— 
(1) all aliens in removal, deportation, or exclu-
sion proceedings; 
(2) all applications pending on or filed after the 
date of the enactment of this Act; and 
(3) with respect to aliens and applications de-
scribed in paragraph (1) or (2), acts and conditions 
constituting a ground for inadmissibility, exclud-
ability, deportation, or removal occurring or existing 
before, on, or after the date of the enactment of this 
Act.
SEC. 602. DETENTION OF DANGEROUS ALIENS. 
(a) IN GENERAL.—Section 241 of the Immigration 
and Nationality Act (8 U.S.C. 1231) is amended— 
(1) in subsection (a), by striking ‘‘Attorney Gen-
eral’’ and inserting ‘‘Secretary of Homeland Secu-
rity’’ each place it appears; 
(2) in subsection (a)(1)(B), by adding after and 
below clause (iii) the following: 
‘‘If, at that time, the alien is not in the custody 
of the Secretary (under the authority of this 
Act), the Secretary shall take the alien into cus-
tody for removal, and the removal period shall 
not begin until the alien is taken into such cus-
tody. If the Secretary transfers custody of the 
alien during the removal period pursuant to law 
to another Federal agency or a State or local 
government agency in connection with the offi-
cial duties of such agency, the removal period 
shall be tolled, and shall begin anew on the date 
of the alien’s return to the custody of the Sec-
retary.’’; 
(3) by amending clause (ii) of subsection 
(a)(1)(B) to read as follows: 
‘‘(ii) If a court, the Board of Immigra-
tion Appeals, or an immigration judge or-
ders a stay of the removal of the alien, the
date the stay of removal is no longer in ef-
fect.’’; 
(4) by amending subparagraph (C) of subsection 
(a)(1) to read as follows: 
‘‘(C) SUSPENSION
OF
PERIOD.—The re-
moval period shall be extended beyond a period 
of 90 days and the alien may remain in deten-
tion during such extended period if the alien 
fails or refuses to make all reasonable efforts to 
comply with the removal order, or to fully co-
operate with the Secretary’s efforts to establish 
the alien’s identity and carry out the removal 
order, including making timely application in 
good faith for travel or other documents nec-
essary to the alien’s departure, or conspires or 
acts to prevent the alien’s removal subject to an 
order of removal.’’; 
(5) in subsection (a)(2), by adding at the end the 
following: ‘‘If a court orders a stay of removal of an 
alien who is subject to an administratively final 
order of removal, the Secretary in the exercise of dis-
cretion may detain the alien during the pendency of 
such stay of removal.’’; 
(6) in subsection (a)(3), by amending subpara-
graph (D) to read as follows:
‘‘(D) to obey reasonable restrictions on the 
alien’s conduct or activities, or perform affirma-
tive acts, that the Secretary prescribes for the 
alien, in order to prevent the alien from abscond-
ing, or for the protection of the community, or 
for other purposes related to the enforcement of 
the immigration laws.’’; 
(7) in subsection (a)(6), by striking ‘‘removal pe-
riod and, if released,’’ and inserting ‘‘removal period, 
in the discretion of the Secretary, without any limita-
tions other than those specified in this section, until 
the alien is removed. If an alien is released, the 
alien’’; 
(8) by redesignating paragraph (7) of subsection 
(a) as paragraph (10) and inserting after paragraph 
(6) of such subsection the following new paragraphs: 
‘‘(7) PAROLE.—If an alien detained pursuant to 
paragraph (6) is an applicant for admission, the Sec-
retary, in the Secretary’s discretion, may parole the 
alien under section 212(d)(5) of this Act and may 
provide, notwithstanding section 212(d)(5), that the 
alien shall not be returned to custody unless either the 
alien violates the conditions of the alien’s parole or 
the alien’s removal becomes reasonably foreseeable,
provided that in no circumstance shall such alien be 
considered admitted. 
‘‘(8) APPLICATION OF ADDITIONAL RULES FOR 
DETENTION OR RELEASE OF CERTAIN ALIENS WHO 
HAVE MADE AN ENTRY.—The procedures described in 
subsection (j) shall only apply with respect to an 
alien who— 
‘‘(A) was lawfully admitted the most recent 
time the alien entered the United States or has 
otherwise effected an entry into the United 
States, and 
‘‘(B) is not detained under paragraph (6). 
‘‘(9) JUDICIAL REVIEW.—Without regard to the 
place of confinement, judicial review of any action or 
decision pursuant to paragraphs (6), (7), or (8) or 
subsection (j) shall be available exclusively in habeas 
corpus proceedings instituted in the United States 
District Court for the District of Columbia, and only 
if the alien has exhausted all administrative remedies 
(statutory and regulatory) available to the alien as of 
right.’’; and 
(9) by adding at the end the following new sub-
section: 
‘‘(j) ADDITIONAL RULES FOR DETENTION OR RELEASE 
OF CERTAIN ALIENS WHO HAVE MADE AN ENTRY.—
‘‘(1) APPLICATION.—The procedures described in 
this subsection apply in the case of an alien described 
in subsection (a)(8). 
‘‘(2) ESTABLISHMENT OF A DETENTION REVIEW 
PROCESS FOR ALIENS WHO FULLY COOPERATE WITH 
REMOVAL.— 
‘‘(A) IN GENERAL.—The Secretary shall es-
tablish an administrative review process to de-
termine whether the aliens should be detained or 
released on conditions for aliens who— 
‘‘(i) have made all reasonable efforts to 
comply with their removal orders; 
‘‘(ii) have complied with the Sec-
retary’s efforts to carry out the removal or-
ders, including making timely application 
in good faith for travel or other documents 
necessary to the alien’s departure, and 
‘‘(iii) have not conspired or acted to 
prevent removal. 
‘‘(B) DETERMINATION.—The Secretary shall 
make a determination whether to release an 
alien after the removal period in accordance 
with paragraphs (3) and (4). The determina-
tion—
‘‘(i) shall include consideration of any 
evidence submitted by the alien and the his-
tory of the alien’s efforts to comply with the 
order of removal, and 
‘‘(ii) may include any information or 
assistance provided by the Department of 
State or other Federal agency and any other 
information available to the Secretary per-
taining to the ability to remove the alien. 
‘‘(3) AUTHORITY TO DETAIN BEYOND THE RE-
MOVAL PERIOD .— 
‘‘(A) INITIAL
DAY
PERIOD.—The Sec-
retary in the exercise of discretion, without any 
limitations other than those specified in this sec-
tion, may continue to detain an alien for 90 
days beyond the removal period (including any 
extension of the removal period as provided in 
subsection (a)(1)(C)). 
‘‘(B) EXTENSION.— 
‘‘(i) IN GENERAL.—The Secretary in 
the exercise of discretion, without any limi-
tations other than those specified in this sec-
tion, may continue to detain an alien be-
yond the 90 days authorized in subpara-
graph (A) if the conditions described in sub-
paragraph (A), (B), or (C) of paragraph (4) 
apply. 
‘‘(ii) RENEWAL.—The Secretary may 
renew a certification under paragraph 
(4)(A) every six months without limitation, 
after providing an opportunity for the alien 
to request reconsideration of the certifi-
cation and to submit documents or other 
evidence in support of that request. If the 
Secretary does not renew a certification, the 
Secretary may not continue to detain the 
alien under such paragraph. 
‘‘(iii) DELEGATION.—Notwithstanding 
section 103, the Secretary may not delegate 
the authority to make or renew a certifi-
cation described in clause (ii), (iii), or (v) 
of paragraph (4)(B) below the level of the 
Assistant Secretary for Immigration and 
Customs Enforcement. 
‘‘(iv) HEARING.—The Secretary may 
request that the Attorney General provide 
for a hearing to make the determination de-
scribed in clause (iv)(II) of paragraph 
(4)(B).
‘‘(4) CONDITIONS FOR EXTENSION.—The condi-
tions for continuation of detention are any of the fol-
lowing: 
‘‘(A) The Secretary determines that there is 
a significant likelihood that the alien— 
‘‘(i) will be removed in the reasonably 
foreseeable future; or 
‘‘(ii) would be removed in the reason-
ably foreseeable future, or would have been 
removed, but for the alien’s failure or re-
fusal to make all reasonable efforts to com-
ply with the removal order, or to fully co-
operate with the Secretary’s efforts to estab-
lish the alien’s identity and carry out the 
removal order, including making timely ap-
plication in good faith for travel or other 
documents necessary to the alien’s depar-
ture, or conspiracies or acts to prevent re-
moval. 
‘‘(B) The Secretary certifies in writing any 
of the following: 
‘‘(i) In consultation with the Secretary 
of Health and Human Services, the alien 
has a highly contagious disease that poses a 
threat to public safety.
‘‘(ii) After receipt of a written rec-
ommendation from the Secretary of State, 
the release of the alien is likely to have seri-
ous adverse foreign policy consequences for 
the United States. 
‘‘(iii) Based on information available 
to the Secretary (including available infor-
mation from the intelligence community, 
and without regard to the grounds upon 
which the alien was ordered removed), there 
is reason to believe that the release of the 
alien would threaten the national security 
of the United States. 
‘‘(iv) The release of the alien will 
threaten the safety of the community or any 
person, the conditions of release cannot rea-
sonably be expected to ensure the safety of 
the community or any person, and— 
‘‘(I) the alien has been convicted 
of one or more aggravated felonies de-
scribed in section 101(a)(43)(A) or of 
one or more crimes identified by the 
Secretary by regulation, or of one or 
more attempts or conspiracies to com-
mit any such aggravated felonies or
such crimes, for an aggregate term of 
imprisonment of at least five years; or 
‘‘(II) the alien has committed one 
or more crimes of violence and, because 
of a mental condition or personality 
disorder and behavior associated with 
that condition or disorder, the alien is 
likely to engage in acts of violence in 
the future. 
‘‘(v) The release of the alien will 
threaten the safety of the community or any 
person, conditions of release cannot reason-
ably be expected to ensure the safety of the 
community or any person, and the alien 
has been convicted of at least one aggra-
vated felony. 
‘‘(C) Pending a determination under sub-
paragraph (B), so long as the Secretary has ini-
tiated the administrative review process no later 
than 30 days after the expiration of the removal 
period (including any extension of the removal 
period as provided in subsection (a)(1)(C)). 
‘‘(5) RELEASE ON CONDITIONS.—If it is deter-
mined that an alien should be released from deten-
tion, the Secretary in the exercise of discretion may
impose conditions on release as provided in subsection 
(a)(3). 
‘‘(6) REDETENTION.—The Secretary in the exer-
cise of discretion, without any limitations other than 
those specified in this section, may again detain any 
alien subject to a final removal order who is released 
from custody if the alien fails to comply with the con-
ditions of release or to cooperate in the alien’s re-
moval from the United States, or if, upon reconsider-
ation, the Secretary determines that the alien can be 
detained under paragraph (1). Paragraphs (6) 
through (8) of subsection (a) shall apply to any alien 
returned to custody pursuant to this paragraph, as if 
the removal period terminated on the day of the re-
detention. 
‘‘(7) CERTAIN ALIENS WHO EFFECTED ENTRY.— 
If an alien has effected an entry into the United 
States but has neither been lawfully admitted nor 
physically present in the United States continuously 
for the 2-year period immediately prior to the com-
mencement of removal proceedings under this Act or 
deportation proceedings against the alien, the Sec-
retary in the exercise of discretion may decide not to 
apply subsection (a)(8) and this subsection and may
detain the alien without any limitations except those 
imposed by regulation.’’. 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect upon the date of enactment of 
this Act, and section 241 of the Immigration and Nation-
ality Act, as amended, shall apply to— 
(1) all aliens subject to a final administrative 
removal, deportation, or exclusion order that was 
issued before, on, or after the date of enactment of this 
Act; and 
(2) acts and conditions occurring or existing be-
fore, on, or after the date of enactment of this Act. 
SEC. 603. INCREASE IN CRIMINAL PENALTIES. 
Section 243 of the Immigration and Nationality Act 
(8 U.S.C. 1253) is amended— 
(1) in subsection (a)(1)— 
(A) in the matter before subparagraph (A), 
by inserting ‘‘or 212(a)’’ after ‘‘section 237(a)’’; 
and 
(B) by striking ‘‘imprisoned not more than 
four years’’ and inserting ‘‘imprisoned for not 
less than six months or more than five years’’; 
and 
(2) in subsection (b)—
(A) by striking ‘‘not more than $1,000’’ and 
inserting ‘‘under title 18, United States Code’’; 
and 
(B) by striking ‘‘for not more than one 
year’’ and inserting ‘‘for not less than six 
months or more than five years (or 10 years if 
the alien is a member of any class described in 
paragraph (1)(E), (2), (3), or (4) of section 
237(a)’’. 
SEC. 604. PRECLUDING ADMISSIBILITY OF AGGRAVATED 
FELONS AND OTHER CRIMINALS. 
(a) EXCLUSION BASED ON FRAUDULENT DOCUMENTA-
TION.—Section 212(a)(2)(A)(i) of the Immigration and Na-
tionality Act (8 U.S.C. 1182(a)(2)(A)(i)) is amended— 
(1) in subclause (I), by striking ‘‘or’’ at the end; 
(2) in subclause (II), by adding ‘‘or’’ at the end; 
and 
(3) by inserting after subclause (II) the following 
new subclause: 
‘‘(III) a violation (or a con-
spiracy or attempt to violate) an of-
fense described in section 208 of the 
Social Security Act or section 1028 of 
title 18, United States Code,’’.
(b) EXCLUSION BASED ON AGGRAVATED FELONY, UN-
LAWFUL PROCUREMENT OF CITIZENSHIP, AND CRIMES OF 
DOMESTIC VIOLENCE.—Section 212(a)(2) of such Act (8 
U.S.C. 1182(a)(2)) is amended by adding at the end the 
following new subparagraphs: 
‘‘(J) AGGRAVATED FELONY.—Any alien who 
is convicted of an aggravated felony at any time 
is inadmissible. 
‘‘(K) UNLAWFUL
PROCUREMENT
OF
CITI-
ZENSHIP.—Any alien convicted of, or who ad-
mits having committed, or who admits commit-
ting acts which constitute the essential elements 
of, a violation of (or a conspiracy or attempt to 
violate) subsection (a) or (b) of section 1425 of 
title 18, United States Code is inadmissible. 
‘‘(L) CRIMES
OF
DOMESTIC
VIOLENCE, 
STALKING, OR
VIOLATION
OF
PROTECTION
OR-
DERS; CRIMES AGAINST CHILDREN.— 
‘‘(i) DOMESTIC
VIOLENCE, STALKING, 
OR CHILD ABUSE.— 
‘‘(I) IN
GENERAL.—Subject to 
subclause (II), any alien who at any 
time is convicted of, or who admits 
having committed, or who admits com-
mitting acts which constitute the essen-
tial elements of, a crime of domestic vi-
olence, a crime of stalking, or a crime 
of child abuse, child neglect, or child 
abandonment is inadmissible. 
‘‘(II) WAIVER
FOR
VICTIMS
OF 
DOMESTIC
VIOLENCE.—Subclause (I) 
shall not apply to any alien described 
in section 237(a)(7)(A). 
‘‘(III) CRIME OF DOMESTIC VIO-
LENCE DEFINED.—For purposes of sub-
clause (I), the term ‘crime of domestic 
violence’ means any crime of violence 
(as defined in section 16 of title 18, 
United States Code) against a person 
committed by a current or former 
spouse of the person, by an individual 
with whom the person shares a child in 
common, by an individual who is co-
habiting with or has cohabited with the 
person as a spouse, by an individual 
similarly situated to a spouse of the 
person under the domestic or family 
violence laws of the jurisdiction where 
the offense occurs, or by any other in-
dividual against a person who is pro-
tected from that individual’s acts 
under the domestic or family violence 
laws of the United States or any State, 
Indian tribal government, or unit of 
local or foreign government. 
‘‘(ii) VIOLATORS OF PROTECTION OR-
DERS.— 
‘‘(I) IN GENERAL.—Any alien who 
at any time is enjoined under a protec-
tion order issued by a court and whom 
the court determines has engaged in 
conduct that violates the portion of a 
protection order that involves protec-
tion against credible threats of vio-
lence, repeated harassment, or bodily 
injury to the person or person for 
whom the protection order was issued 
is inadmissible. 
‘‘(II) PROTECTION
ORDER
DE-
FINED.—For purposes of subclause (I), 
the term ‘protection order’ means any 
injunction issued for the purpose of 
preventing violent or threatening acts 
of domestic violence, including tem-
porary or final orders issued by civil
or criminal courts (other than support 
or child custody orders or provisions) 
whether obtained by filing an inde-
pendent action or as an independent 
order in another proceeding.’’. 
(c) WAIVER AUTHORITY.—Section 212(h) of such Act 
(8 U.S.C. 1182(h)) is amended— 
(1) by striking ‘‘The Attorney General may, in 
his discretion, waive the application 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, in the discretion of the At-
torney General or such Secretary, waive the applica-
tion of subparagraph (A)(i)(I), (A)(i)(III), (B), (D), 
(E), (K), and (L) of subsection (a)(2)’’; 
(2) in paragraphs (1)(A) and (1)(B) and the last 
sentence, by inserting ‘‘or the Secretary’’ after ‘‘Attor-
ney General’’ each place it appears; 
(3) in paragraph (2), by striking ‘‘Attorney Gen-
eral, in his discretion,’’ and inserting ‘‘Attorney Gen-
eral or the Secretary of Homeland Security, in the 
discretion of the Attorney General or such Sec-
retary,’’; 
(4) in paragraph (2), by striking ‘‘as he’’ and 
inserting ‘‘as the Attorney General or the Secretary’’;
(5) in the second sentence, by striking ‘‘criminal 
acts involving torture’’ and inserting ‘‘criminal acts 
involving torture, or an aggravated felony’’; and 
(6) in the third sentence, by striking ‘‘if either 
since the date of such admission the alien has been 
convicted of an aggravated felony or the alien’’ and 
inserting ‘‘if since the date of such admission the 
alien’’. 
(d) CONSTRUCTION.—The amendments made by this 
section shall not be construed to create eligibility for relief 
from removal under section 212(c) of the Immigration and 
Nationality Act, as in effect before its repeal by section 
304(b) of the Immigration Reform and Immigrant Respon-
sibility Act of 1996 (division C of Public Law 104–208), 
where such eligibility did not exist before these amendments 
became effective. 
(e) EFFECTIVE DATE.—The amendments made by this 
section shall apply to— 
(1) any act that occurred before, on, or after the 
date of the enactment of this Act; and 
(2) to all aliens who are required to establish ad-
missibility on or after the such date, and in all re-
moval, deportation, or exclusion proceedings that are 
filed, pending, or reopened, on or after such date.
SEC. 605. PRECLUDING REFUGEE OR ASYLEE ADJUSTMENT 
OF STATUS FOR AGGRAVATED FELONIES. 
(a) IN GENERAL.—Section 209(c) of the Immigration 
and Nationality Act (8 U.S.C. 1159(c)) is amended by add-
ing at the end the following: ‘‘However, an alien who is 
convicted of an aggravated felony is not eligible for a waiver 
or for adjustment of status under this section.’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall apply— 
(1) to any act that occurred before, on, or after 
the date of the enactment of this Act; and 
(2) to all aliens who are required to establish ad-
missibility on or after such date, and in all removal, 
deportation, or exclusion proceedings that are filed, 
pending, or reopened, on or after such date. 
SEC. 606. REMOVING DRUNK DRIVERS. 
(a) IN GENERAL.—Section 101(a)(43)(F) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(43)(F)) is 
amended by inserting ‘‘, including a third drunk driving 
conviction, regardless of the States in which the convictions 
occurred, and regardless of whether the offenses are deemed 
to be misdemeanors or felonies under State or Federal law,’’ 
after ‘‘offense)’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the date of the enactment
of this Act and shall apply to convictions entered before, 
on, or after such date. 
SEC. 607. DESIGNATED COUNTY LAW ENFORCEMENT AS-
SISTANCE PROGRAM. 
(a) DESIGNATED
COUNTIES
ADJACENT
TO
THE 
SOUTHERN BORDER OF THE UNITED STATES DEFINED.— 
In this section, the term ‘‘designated counties adjacent to 
the southern international border of the United States’’ in-
cludes a county any part of which is within 25 miles of 
the southern international border of the United States. 
(b) AUTHORITY.— 
(1) IN GENERAL.—Any Sheriff or coalition or 
group of Sheriffs from designated counties adjacent to 
the southern international border of the United States 
may transfer aliens detained or in the custody of the 
Sheriff who are not lawfully present in the United 
States to appropriate Federal law enforcement offi-
cials, and shall be promptly paid for the costs of per-
forming such transfers by the Attorney General for 
any local or State funds previously expended or pro-
posed to be spent by that Sheriff or coalition or group 
of Sheriffs. 
(2) PAYMENT
OF
COSTS.—Payment of costs 
under paragraph (1) shall include payment for costs 
of detaining, housing, and transporting aliens who
are not lawfully present in the United States or who 
have unlawfully entered the United States at a loca-
tion other than a port of entry and who are taken 
into custody by the Sheriff. 
(3) LIMITATION TO FUTURE COSTS.—In no case 
shall payment be made under this section for costs in-
curred before the date of the enactment of this Act. 
(4) ADVANCE PAYMENT OF COSTS.—The Attorney 
General shall make an advance payment under this 
section upon a certification of anticipated costs for 
which payment may be made under this section, but 
in no case shall such an advance payment cover a pe-
riod of costs of longer than 3 months. 
(c) DESIGNATED COUNTY LAW ENFORCEMENT AC-
COUNT.— 
(1) SEPARATE
ACCOUNT.—Reimbursement or 
pre-payment under subsection (b) shall be made 
promptly from funds deposited into a separate ac-
count in the Treasury of the United States to be enti-
tled the ‘‘Designated County Law Enforcement Ac-
count’’. 
(2) AVAILABILITY OF FUNDS.—All deposits into 
the Designated County Law Enforcement Account 
shall remain available until expended to the Attorney 
General to carry out the provisions of this section.
100 
(3) PROMPTLY DEFINED.—For purposes of this 
section, the term ‘‘promptly’’ means within 60 days. 
(d) FUNDS FOR THE DESIGNATED COUNTY LAW EN-
FORCEMENT ACCOUNT.—Only funds designated, authorized, 
or appropriated by Congress may be deposited or trans-
ferred to the Designated County Law Enforcement Account. 
The Designated County Law Enforcement Account is au-
thorized to receive up to $100,000,000 per year. 
(e) USE OF FUNDS.— 
(1) IN
GENERAL.—Funds provided under this 
section shall be payable directly to participating 
Sheriff’s offices and may be used for the transfers de-
scribed in subsection (b)(1), including the costs of per-
sonnel (such as overtime pay and costs for reserve 
deputies), costs of training of such personnel, equip-
ment, and, subject to paragraph (2), the construction, 
maintenance, and operation of detention facilities to 
detain aliens who are unlawfully present in the 
United States. For purposes of this section, an alien 
who is unlawfully present in the United States shall 
be deemed to be a Federal prisoner beginning upon 
determination by Federal law enforcement officials 
that such alien is unlawfully present in the United 
States, and such alien shall, upon such determina-
tion, be deemed to be in Federal custody. In order for
101 
costs to be eligible for payment, the Sheriff making 
such application shall personally certify under oath 
that all costs submitted in the application for reim-
bursement or advance payment meet the requirements 
of this section and are reasonable and necessary, and 
such certification shall be subject to all State and 
Federal laws governing statements made under oath, 
including the penalties of perjury, removal from of-
fice, and prosecution under State and Federal law. 
(2) LIMITATION.—Not more than 20 percent of 
the amount of funds provided under this section may 
be used for the construction or renovation of detention 
or similar facilities. 
(f) DISPOSITION
AND
DELIVERY
OF
DETAINED 
ALIENS.—All aliens detained or taken into custody by a 
Sheriff under this section and with respect to whom Federal 
law enforcement officials determine are unlawfully present 
in the United States, shall be immediately delivered to Fed-
eral law enforcement officials. In accordance with sub-
section (e)(1), an alien who is in the custody of a Sheriff 
shall be deemed to be a Federal prisoner and in Federal 
custody. 
(g) REGULATIONS.—The Attorney General shall issue, 
on an interim final basis, regulations not later than 60 
days after the date of the enactment of this Act—
102 
(1) governing the distribution of funds under 
this section for all reasonable and necessary costs and 
other expenses incurred or proposed to be incurred by 
a Sheriff or coalition or group of Sheriffs under this 
section; and 
(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 section 
shall take effect on its enactment. The promulgation of any 
regulations under subsection (g) is not a necessary pre-
condition to the immediate deployment or work of Sheriffs 
personnel or corrections officers as authorized by this sec-
tion. Any reasonable and necessary expenses or costs au-
thorized 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 reim-
bursement under the terms and conditions of this section. 
(i) AUDIT.—All funds paid out under this section are 
subject to audit by the Inspector General of the Department 
of Justice and abuse or misuse of such funds shall be vigor-
ously investigated and prosecuted to the full extent of Fed-
eral law.
103 
(j) SUPPLEMENTAL FUNDING.—All funds paid out 
under this section must supplement, and may not supplant, 
State or local funds used for the same or similar purposes. 
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 consular offi-
cer 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 en-
gage solely, principally, or incidentally
104 
in, a gang crime or any other unlawful 
activity; or 
‘‘(II) is a member of a criminal 
street gang designated under section 
219A. 
‘‘(ii) CRIMINAL
STREET
GANG
DE-
FINED.—For purposes of this subparagraph, 
the term ‘criminal street gang’ means a for-
mal or informal group or association of 3 
or more individuals, who commit 2 or more 
gang crimes (one of which is a crime of vio-
lence, 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).