tion is classified as a misdemeanor or felony 
under State Law, or 
‘‘(F)(i)(I) is inadmissible under section 
212(a)(6)(i), 
‘‘(II) is deportable by reason of a visa rev-
ocation under section 221(i), or 
‘‘(III) 
is 
deportable 
under 
section 
237(a)(1)(C)(i), and 
‘‘(ii) has been arrested or charged with a 
particularly serious crime or a crime resulting 
in the death or serious bodily injury (as defined 
in section 1365(h)(3) of title 18, United States 
Code) of another person;’’; and 
(C) by amending the matter following sub-
paragraph (F) (as added by subparagraph (B) 
of this paragraph) to read as follows: 
‘‘any time after the alien is released, without regard 
to whether an alien is released related to any activ-
ity, offense, or conviction described in this para-
graph; to whether the alien is released on parole, su-
pervised release, or probation; or to whether the 
alien may be arrested or imprisoned again for the 
same offense. If the activity described in this para-
graph does not result in the alien being taken into 
custody by any person other than the Secretary, 
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then when the alien is brought to the attention of 
the Secretary or when the Secretary determines it is 
practical to take such alien into custody, the Sec-
retary shall take such alien into custody.’’. 
(4) ADMINISTRATIVE REVIEW.—Section 236 of 
the Immigration and Nationality Act (8 U.S.C. 
1226), as amended by paragraph (2), is further 
amended by adding at the end the following: 
‘‘(g) ADMINISTRATIVE REVIEW.—The Attorney Gen-
eral’s review of the Secretary’s custody determinations 
under subsection (a) for the following classes of aliens 
shall be limited to whether the alien may be detained, re-
leased on bond (of at least $1,500 with security approved 
by the Secretary), or released with no bond: 
‘‘(1) Aliens in exclusion proceedings. 
‘‘(2) Aliens described in section 212(a)(3) or 
237(a)(4). 
‘‘(3) Aliens described in subsection (c). 
‘‘(h) RELEASE ON BOND.— 
‘‘(1) IN
GENERAL.—An alien detained under 
subsection (a) may seek release on bond. No bond 
may be granted except to an alien who establishes 
by clear and convincing evidence that the alien is not 
a flight risk or a danger to another person or the 
community. 
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‘‘(2) CERTAIN ALIENS INELIGIBLE.—No alien 
detained under subsection (c) may seek release on 
bond.’’. 
(5) 
CLERICAL
AMENDMENTS.—(A) 
Section 
236(a)(2)(B) of the Immigration and Nationality 
Act (8 U.S.C. 1226(a)(2)(B)) is amended by strik-
ing ‘‘conditional parole’’ and inserting ‘‘recog-
nizance’’. 
(B) Section 236(b) of such Act (8 U.S.C. 
1226(b)) is amended by striking ‘‘parole’’ and in-
serting ‘‘recognizance’’. 
(c) SEVERABILITY.—If any of the provisions of this 
section or any amendment by this section, or the applica-
tion of any such provision to any person or circumstance, 
is held to be invalid for any reason, the remainder of this 
section and of amendments made by this section, and the 
application of the provisions and of the amendments made 
by this section to any other person or circumstance shall 
not be affected by such holding. 
(d) EFFECTIVE DATES.— 
(1) The amendments made by subsection (a) 
shall take effect upon the date of the enactment of 
this Act, and section 241 of the Immigration and 
Nationality Act, as so amended, shall in addition 
apply to— 
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(A) all aliens subject to a final administra-
tive removal, deportation, or exclusion order 
that was issued before, on, or after the date of 
the enactment of this Act; and 
(B) acts and conditions occurring or exist-
ing before, on, or after such date. 
(2) The amendments made by subsection (b) 
shall take effect upon the date of the enactment of 
this Act, and section 236 of the Immigration and 
Nationality Act, as so amended, shall in addition 
apply to any alien in detention under provisions of 
such section on or after such date. 
SEC. 311. GROUNDS OF INADMISSIBILITY AND DEPORT-
ABILITY FOR ALIEN GANG MEMBERS. 
(a) DEFINITION OF GANG MEMBER.—Section 101(a) 
of the Immigration and Nationality Act (8 U.S.C. 
1101(a)) is amended by adding at the end the following: 
‘‘(53)(A) The term ‘criminal gang’ means an ongoing 
group, club, organization, or association of five or more 
persons that has as one of its primary purposes the com-
mission of one or more of the following criminal offenses 
and the members of which engage, or have engaged within 
the past 5 years, in a continuing series of such offenses, 
or that has been designated as a criminal gang by the Sec-
retary of Homeland Security, in consultation with the At-
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torney General, as meeting these criteria. The offenses de-
scribed, whether in violation of Federal or State law or 
foreign law and regardless of whether the offenses oc-
curred before, on, or after the date of the enactment of 
this paragraph, are the following: 
‘‘(i) A ‘felony drug offense’ (as defined in sec-
tion 102 of the Controlled Substances Act (21 
U.S.C. 802)). 
‘‘(ii) An offense under section 274 (relating to 
bringing in and harboring certain aliens), section 
277 (relating to aiding or assisting certain aliens to 
enter the United States), or section 278 (relating to 
importation of alien for immoral purpose). 
‘‘(iii) A crime of violence (as defined in section 
16 of title 18, United States Code). 
‘‘(iv) A crime involving obstruction of justice, 
tampering with or retaliating against a witness, vic-
tim, or informant, or burglary. 
‘‘(v) Any conduct punishable under sections 
1028 and 1029 of title 18, United States Code (re-
lating to fraud and related activity in connection 
with identification documents or access devices), sec-
tions 1581 through 1594 of such title (relating to 
peonage, slavery and trafficking in persons), section 
1952 of such title (relating to interstate and foreign 
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travel or transportation in aid of racketeering enter-
prises), section 1956 of such title (relating to the 
laundering of monetary instruments), section 1957 
of such title (relating to engaging in monetary trans-
actions in property derived from specified unlawful 
activity), or sections 2312 through 2315 of such title 
(relating to interstate transportation of stolen motor 
vehicles or stolen property). 
‘‘(vi) A conspiracy to commit an offense de-
scribed in clauses (i) through (v). 
‘‘(B) Notwithstanding any other provision of law (in-
cluding any effective date), the term applies regardless of 
whether the conduct occurred before, on, or after the date 
of the enactment of this paragraph.’’. 
(b) INADMISSIBILITY.—Section 212(a)(2) of such Act 
(8 U.S.C. 1182(a)(2)), as amended by section 302(a)(2) 
of this Act, is further amended by adding at the end the 
following: 
‘‘(N) ALIENS ASSOCIATED WITH CRIMINAL 
GANGS.—Any alien is inadmissible who a con-
sular officer, the Secretary of Homeland Secu-
rity, or the Attorney General knows or has rea-
son to believe— 
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‘‘(i) to be or to have been a member 
of a criminal gang (as defined in section 
101(a)(53)); or 
‘‘(ii) to have participated in the activi-
ties of a criminal gang (as defined in sec-
tion 101(a)(53)), knowing or having reason 
to know that such activities will promote, 
further, aid, or support the illegal activity 
of the criminal gang.’’. 
(c) DEPORTABILITY.—Section 237(a)(2) of the Im-
migration and Nationality Act (8 U.S.C. 1227(a)(2)), as 
amended by section 302(c) of this Act, is further amended 
by adding at the end the following: 
‘‘(H) ALIENS ASSOCIATED WITH CRIMINAL 
GANGS.—Any alien is deportable who the Sec-
retary of Homeland Security or the Attorney 
General knows or has reason to believe— 
‘‘(i) is or has been a member of a 
criminal gang (as defined in section 
101(a)(53)); or 
‘‘(ii) has participated in the activities 
of a criminal gang (as so defined), knowing 
or having reason to know that such activi-
ties will promote, further, aid, or support 
the illegal activity of the criminal gang.’’. 
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(d) DESIGNATION.— 
(1) IN GENERAL.—Chapter 2 of title II of the 
Immigration and Nationality Act (8 U.S.C. 1182) is 
amended by inserting after section 219 the fol-
lowing: 
‘‘DESIGNATION 
‘‘SEC. 220. (a) IN GENERAL.—The Secretary of 
Homeland Security, in consultation with the Attorney 
General, and the Secretary of State may designate a group 
or association as a criminal street gang if their conduct 
is described in section 101(a)(53) or if the group or asso-
ciation conduct poses a significant risk that threatens the 
security and the public safety of United States nationals 
or the national security, homeland security, foreign policy, 
or economy of the United States. 
‘‘(b) EFFECTIVE DATE.—Designations under sub-
section (a) shall remain in effect until the designation is 
revoked after consultation between the Secretary of Home-
land Security, the Attorney General, and the Secretary of 
State or is terminated in accordance with Federal law.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents for such Act is amended by inserting after the 
item relating to section 219 the following: 
‘‘220. Designation.’’. 
(e) MANDATORY DETENTION OF CRIMINAL STREET 
GANG MEMBERS.— 
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(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)(N)’’ after 
‘‘212(a)(3)(B)’’; and 
(B) by inserting ‘‘237(a)(2)(H) 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 
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). 
(f) ASYLUM
CLAIMS
BASED
ON
GANG
AFFILI-
ATION.— 
(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)(N)(i) 
or 
section 
237(a)(2)(H)(i) or who is’’ after ‘‘to an alien’’. 
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(2) 
INELIGIBILITY
FOR
ASYLUM.—Section 
208(b)(2)(A) of such Act (8 U.S.C. 1158(b)(2)(A)) 
(as amended by this Act) is further amended— 
(A) in clause (v), by striking ‘‘or’’ at the 
end; 
(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)(N)(i) or section 237(a)(2)(H)(i) 
(relating to participation in criminal street 
gangs); or’’. 
(g) TEMPORARY PROTECTED STATUS.—Section 244 
of such Act (8 U.S.C. 1254a) is amended— 
(1) by striking ‘‘Attorney General’’ each place 
it appears and inserting ‘‘Secretary of Homeland Se-
curity’’; 
(2) in subparagraph (c)(2)(B)— 
(A) in clause (i), by striking ‘‘or’’ at the 
end; 
(B) in clause (ii), by striking the period 
and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
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‘‘(iii) the alien is, or at any time after 
admission has been, a member of a crimi-
nal 
gang 
(as 
defined 
in 
section 
101(a)(53)).’’; and 
(3) in subsection (d)— 
(A) by striking paragraph (3); and 
(B) in paragraph (4), by adding at the end 
the following: ‘‘The Secretary of Homeland Se-
curity may detain an alien provided temporary 
protected status under this section whenever 
appropriate under any other provision of law.’’. 
(h) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act and shall apply to acts that occur before, on, 
or after the date of the enactment of this Act. 
SEC. 312. EXTENSION OF IDENTITY THEFT OFFENSES. 
Section 1028A of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘(d) STATE OF MIND PROOF REQUIREMENT.—In a 
prosecution for a violation of subsection (a)(1) predicated 
on a violation described in subsection (c)(2), (6), (7), (9), 
or (10) of this section, the Government need not prove 
that the defendant knew the means of identification was 
of another person.’’. 
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SEC. 313. LAUNDERING OF MONETARY INSTRUMENTS. 
(a) ADDITIONAL PREDICATE OFFENSES.—Section 
1956(c)(7)(D) of title 18, United States Code, is amend-
ed— 
(1) by inserting ‘‘section 1590 (relating to traf-
ficking with respect to peonage, slavery, involuntary 
servitude, or forced labor),’’ after ‘‘section 1363 (re-
lating to destruction of property within the special 
maritime and territorial jurisdiction),’’; and 
(2) by inserting ‘‘section 274(a) of the Immi-
gration and Nationality Act (8 U.S.C.1324(a)) (re-
lating to bringing in and harboring certain aliens),’’ 
after ‘‘section 590 of the Tariff Act of 1930 (19 
U.S.C. 1590) (relating to aviation smuggling),’’. 
(b) INTENT TO CONCEAL OR DISGUISE.—Section 
1956(a) of title 18, United States Code, is amended— 
(1) in paragraph (1) so that subparagraph (B) 
reads as follows: 
‘‘(B) knowing that the transaction— 
‘‘(i) conceals or disguises, or is intended to 
conceal or disguise, the nature, source, location, 
ownership, or control of the proceeds of some 
form of unlawful activity; or 
‘‘(ii) avoids, or is intended to avoid, a 
transaction reporting requirement under State 
or Federal law,’’; and 
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100 
(2) in paragraph (2) so that subparagraph (B) 
reads as follows: 
‘‘(B) knowing that the monetary instrument or 
funds involved in the transportation, transmission, 
or transfer represent the proceeds of some form of 
unlawful activity, and knowing that such transpor-
tation, transmission, or transfer— 
‘‘(i) conceals or disguises, or is intended to 
conceal or disguise, the nature, source, location, 
ownership, or control of the proceeds of some 
form of unlawful activity; or 
‘‘(ii) avoids, or is intended to avoid, a 
transaction reporting requirement under State 
or Federal law,’’. 
SEC. 314. PENALTIES FOR ILLEGAL ENTRY OR PRESENCE. 
(a) IN GENERAL.—Section 275 of the Immigration 
and Nationality Act (8 U.S.C. 1325) is amended to read 
as follows: 
‘‘ILLEGAL ENTRY OR PRESENCE 
‘‘SEC. 275. (a) IN GENERAL.— 
‘‘(1) ILLEGAL ENTRY OR PRESENCE.—An alien 
shall be subject to the penalties set forth in para-
graph (2) if the alien— 
‘‘(A) knowingly enters or crosses the bor-
der into the United States at any time or place 
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101 
other than as designated by the Secretary of 
Homeland Security; 
‘‘(B) knowingly eludes, at any time or 
place, examination or inspection by an author-
ized immigration, customs, or agriculture offi-
cer (including by failing to stop at the com-
mand of such officer); 
‘‘(C) knowingly enters or crosses the bor-
der to the United States and, upon examination 
or inspection, knowingly makes a false or mis-
leading representation or the knowing conceal-
ment of a material fact (including such rep-
resentation or concealment in the context of ar-
rival, reporting, entry, or clearance require-
ments of the customs laws, immigration laws, 
agriculture laws, or shipping laws); 
‘‘(D) knowingly violates the terms or con-
ditions of the alien’s admission or parole into 
the United States; or 
‘‘(E) knowingly is unlawfully present in the 
United 
States 
(as 
defined 
in 
section 
212(a)(9)(B)(ii) subject to the exceptions set 
forth in section 212(a)(9)(B)(iii)). 
‘‘(2) CRIMINAL
PENALTIES.—Any alien who 
violates any provision under paragraph (1)— 
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102 
‘‘(A) shall, for the first violation, be fined 
under title 18, United States Code, imprisoned 
not more than 6 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 2 years (or not more than 6 months 
in the case of a second or subsequent violation 
of paragraph (1)(E)), or both; 
‘‘(C) if the violation occurred after the 
alien had been convicted of three or more mis-
demeanors or for a felony, shall be fined under 
such title, imprisoned not more than 10 years, 
or both; 
‘‘(D) if the violation occurred after the 
alien had been convicted of a felony for which 
the alien received a term of imprisonment of 
not less than 30 months, shall be fined under 
such title, imprisoned not more than 15 years, 
or both; and 
‘‘(E) if the violation occurred after the 
alien had been convicted of a felony for which 
the alien received a term of imprisonment of 
not less than 60 months, such alien shall be 
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103 
fined under such title, imprisoned not more 
than 20 years, or both. 
‘‘(3) PRIOR
CONVICTIONS.—The prior convic-
tions described in subparagraphs (C) through (E) of 
paragraph (2) are elements of the offenses described 
and the penalties in such subparagraphs shall apply 
only in cases in which the conviction or convictions 
that form the basis for the additional penalty are— 
‘‘(A) alleged in the indictment or informa-
tion; and 
‘‘(B) proven beyond a reasonable doubt at 
trial or admitted by the defendant. 
‘‘(4) DURATION
OF
OFFENSE.—An offense 
under this subsection continues until the alien is dis-
covered within the United States by an immigration, 
customs, or agriculture officer. 
‘‘(5) ATTEMPT.—Whoever attempts to commit 
any offense under this section shall be punished in 
the same manner as for a completion of such of-
fense. 
‘‘(b) IMPROPER
TIME
OR
PLACE; CIVIL
PEN-
ALTIES.—Any alien who is apprehended while entering, at-
tempting to enter, or knowingly crossing or attempting to 
cross the border to the United States at a time or place 
other than as designated by immigration officers shall be 
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104 
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 $50 or more than $250 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.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Immigration and Nationality Act is amended by 
striking the item relating to section 275 and inserting the 
following: 
‘‘Sec. 275. Illegal entry or presence.’’. 
SEC. 315. ILLEGAL REENTRY. 
Section 276 of the Immigration and Nationality Act 
(8 U.S.C. 1326) is amended to read as follows: 
‘‘REENTRY OF REMOVED ALIEN 
‘‘SEC. 276. (a) REENTRY AFTER REMOVAL.—Any 
alien who has been denied admission, excluded, deported, 
or removed, or who has departed the United States while 
an order of exclusion, deportation, or removal is out-
standing, 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 
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105 
under title 18, United States Code, imprisoned not more 
than 2 years, or both. 
‘‘(b) REENTRY
OF CRIMINAL OFFENDERS.—Not-
withstanding the penalty provided in subsection (a), if an 
alien described in that subsection was convicted before 
such removal or departure— 
‘‘(1) for three or more misdemeanors or for a 
felony, the alien shall be fined under title 18, United 
States Code, imprisoned not more than 10 years, or 
both; 
‘‘(2) for a felony 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, 
imprisoned not more than 15 years, or both; 
‘‘(3) for a felony 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, 
imprisoned not more than 20 years, or both; or 
‘‘(4) 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, or for three or more felonies of any kind, the 
alien shall be fined under such title, imprisoned not 
more than 25 years, or both. 
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106 
‘‘(c) REENTRY AFTER REPEATED REMOVAL.—Any 
alien who has been denied admission, excluded, deported, 
or removed three 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, impris-
oned not more than 10 years, or both. 
‘‘(d) PROOF
OF PRIOR CONVICTIONS.—The prior 
convictions described in subsection (b) are elements of the 
crimes described, and the penalties in that subsection shall 
apply only in cases in which the conviction 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. 
‘‘(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) with respect to an alien previously denied 
admission and removed, the alien— 
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107 
‘‘(A) was not required to obtain such ad-
vance consent under the Immigration and Na-
tionality Act or any prior Act; and 
‘‘(B) had complied with all other laws and 
regulations governing the alien’s admission into 
the United States. 
‘‘(f) LIMITATION ON COLLATERAL ATTACK ON UN-
DERLYING REMOVAL ORDER.—In a criminal proceeding 
under this section, an alien may not challenge the validity 
of any prior removal order concerning the alien. 
‘‘(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. 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 provi-
sion of law. 
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108 
‘‘(h) DEFINITIONS.—For purposes of this section and 
section 275, the following definitions shall apply: 
‘‘(1) CROSSES THE BORDER TO THE UNITED 
STATES.—The term ‘crosses the border’ refers to the 
physical act of crossing the border, regardless of 
whether the alien is free from official restraint. 
‘‘(2) 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. 
‘‘(3) 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. 
‘‘(4) 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. 
‘‘(5) 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.’’. 
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109 
SEC. 316. REFORM OF PASSPORT, VISA, AND IMMIGRATION 
FRAUD OFFENSES. 
Chapter 75 of title 18, United States Code, is amend-
ed to read as follows: 
‘‘CHAPTER 75—PASSPORTS AND VISAS 
‘‘Sec. 
‘‘1541. Issuance without authority. 
‘‘1542. False statement in application and use of passport. 
‘‘1543. Forgery or false use of passport. 
‘‘1544. Misuse of a passport. 
‘‘1545. Schemes to defraud aliens. 
‘‘1546. Immigration and visa fraud. 
‘‘1547. Attempts and conspiracies. 
‘‘1548. Alternative penalties for certain offenses. 
‘‘1549. Definitions. 
‘‘§ 1541. Issuance without authority 
‘‘(a) IN GENERAL.—Whoever— 
‘‘(1) acting or claiming to act in any office or 
capacity under the United States, or a State, with-
out lawful authority grants, issues, or verifies any 
passport or other instrument in the nature of a 
passport to or for any person; or 
‘‘(2) being a consular officer authorized to 
grant, issue, or verify passports, knowingly grants, 
issues, or verifies any such passport to or for any 
person not owing allegiance, to the United States, 
whether a citizen or not; 
shall be fined under this title or imprisoned not more than 
15 years, or both. 
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110 
‘‘(b) DEFINITION.—In this section, the term ‘State’ 
means a State of the United States, the District of Colum-
bia, and any commonwealth, territory, or possession of the 
United States. 
‘‘§ 1542. False statement in application and use of 
passport 
‘‘Whoever knowingly— 
‘‘(1) makes any false statement in an applica-
tion for passport with intent to induce or secure the 
issuance of a passport under the authority of the 
United States, either for his own use or the use of 
another, contrary to the laws regulating the issuance 
of passports or the rules prescribed pursuant to such 
laws; or 
‘‘(2) uses or attempts to use, or furnishes to 
another for use any passport the issue of which was 
secured in any way by reason of any false statement; 
shall be fined under this title or imprisoned not more than 
15 years, or both. 
‘‘§ 1543. Forgery or false use of passport 
‘‘Whoever— 
‘‘(1) falsely makes, forges, counterfeits, muti-
lates, or alters any passport or instrument pur-
porting to be a passport, with intent that the same 
may be used; or 
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111 
‘‘(2) knowingly uses, or attempts to use, or fur-
nishes to another for use any such false, forged, 
counterfeited, mutilated, or altered passport or in-
strument purporting to be a passport, or any pass-
port validly issued which has become void by the oc-
currence of any condition therein prescribed invali-
dating the same; 
shall be fined under this title or imprisoned not more than 
15 years, or both. 
‘‘§ 1544. Misuse of a passport 
‘‘Whoever knowingly— 
‘‘(1) uses any passport issued or designed for 
the use of another; 
‘‘(2) uses any passport in violation of the condi-
tions or restrictions therein contained, or 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 any passport knowing it to be 
forged, counterfeited, altered, falsely made, procured 
by fraud, stolen, or produced or issued without law-
ful authority; or 
‘‘(4) violates the terms and conditions of any 
safe conduct duly obtained and issued under the au-
thority of the United States; 
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112 
shall be fined under this title, imprisoned not more than 
15 years, or both. 
‘‘§ 1545. Schemes to defraud aliens 
‘‘Whoever inside the United States, or in or affecting 
interstate or foreign commerce, in connection with any 
matter that is authorized by or arises under the immigra-
tion laws (as defined in section 101(a)(17) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(17))) or 
any matter the offender claims or represents is authorized 
by or arises under the immigration laws of the United 
States, knowingly executes a scheme or artifice— 
‘‘(1) to defraud any person, or 
‘‘(2) to obtain or receive money or anything else 
of value from any person by means of false or fraud-
ulent pretenses, representations, or promises; 
shall be fined under this title, imprisoned not more than 
15 years, or both. 
‘‘§ 1546. Immigration and visa fraud 
‘‘Whoever knowingly— 
‘‘(1) uses any immigration document issued or 
designed for the use of another; 
‘‘(2) forges, counterfeits, alters, or falsely 
makes any immigration document; 
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113 
‘‘(3) mails, prepares, presents, or signs any im-
migration document knowing it to contain any mate-
rially false statement or representation; 
‘‘(4) secures, possesses, uses, transfers, re-
ceives, buys, sells, or distributes any immigration 
document knowing it to be forged, counterfeited, al-
tered, falsely made, stolen, procured by fraud, or 
produced or issued without lawful authority; 
‘‘(5) adopts or uses a false or fictitious name to 
evade or to attempt to evade the immigration laws; 
‘‘(6) transfers or furnishes, without lawful au-
thority, an immigration document to another person 
for use by a person other than the person for whom 
the immigration document was issued or designed; 
or 
‘‘(7) produces, issues, authorizes, or verifies, 
without lawful authority, an immigration document; 
shall be fined under this title, imprisoned not more than 
15 years, or both. 
‘‘§ 1547. Attempts and conspiracies 
‘‘Whoever attempts or conspires to violate this chap-
ter shall be punished in the same manner as a person who 
completes that violation. 
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114 
‘‘§ 1548. Alternative penalties for certain offenses 
‘‘(a) TERRORISM.—Whoever violates any section in 
this chapter to facilitate an act of international terrorism 
or domestic terrorism (as such terms are defined in section 
2331), shall be fined under this title or imprisoned not 
more than 25 years, or both. 
‘‘(b) DRUG TRAFFICKING OFFENSES.—Whoever vio-
lates any section in this chapter to facilitate a drug traf-
ficking crime (as defined in section 929(a)) shall be fined 
under this title or imprisoned not more than 20 years, or 
both. 
‘‘§ 1549. Definitions 
‘‘In this chapter: 
‘‘(1) An ‘application for a United States pass-
port’ includes any document, photograph, or other 
piece of evidence attached to or submitted in support 
of the application. 
‘‘(2) The term ‘immigration document’ means 
any instrument on which is recorded, by means of 
letters, figures, or marks, matters which may be 
used to fulfill any requirement of the Immigration 
and Nationality Act.’’. 
SEC. 317. FORFEITURE. 
Section 981(a)(1) of title 18, United States Code, is 
amended by adding at the end the following: 
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115 
‘‘(I) Any property, real or personal, that has 
been used to commit or facilitate the commission of 
a violation of chapter 75, the gross proceeds of such 
violation, and any property traceable to any such 
property or proceeds.’’. 
SEC. 318. EXPEDITED REMOVAL FOR ALIENS INADMISSIBLE 
ON CRIMINAL OR SECURITY GROUNDS. 
(a) IN GENERAL.—Section 238 of the Immigration 
and Nationality Act (8 U.S.C. 1228) is amended— 
(1) by adding at the end of the section heading 
the following: ‘‘OR
WHO
ARE
SUBJECT
TO
TER-
RORISM-RELATED GROUNDS FOR REMOVAL’’; 
(2) in subsection (b)— 
(A) in paragraph (1)— 
(i) by striking ‘‘Attorney General’’ 
and inserting ‘‘Secretary of Homeland Se-
curity in the exercise of discretion’’; and 
(ii) by striking ‘‘set forth in this sub-
section or’’ and inserting ‘‘set forth in this 
subsection, in lieu of removal proceedings 
under’’; 
(B) in paragraphs (3) and (4), by striking 
‘‘Attorney General’’ each place the term ap-
pears and inserting ‘‘Secretary of Homeland 
Security’’; 
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117 
‘‘(B) has not been found to have a credible 
fear of persecution pursuant to the procedures 
set forth in 235(b)(1)(B); and 
‘‘(C) is not eligible for a waiver of inadmis-
sibility or relief from removal.’’; and 
(3) by resdesignating the 2 subsections after 
subsection (b) as subsections (d) and (e), respec-
tively, and inserting after subsection (b) the fol-
lowing: 
‘‘(c) REMOVAL ALIENS WHO ARE SUBJECT TO TER-
RORISM-RELATED GROUNDS FOR REMOVAL.— 
‘‘(1) The Secretary of Homeland Security— 
‘‘(A) shall, notwithstanding section 240, in 
the case of every alien, determine the inadmis-
sibility of the alien under subclause (I), (II), or 
(III) of section 212(a)(3)(B)(i), or the deport-
ability of the alien under section 237(a)(4)(B) 
as consequence of being described in one of 
such subclauses, and issue an order of removal 
pursuant to the procedures set forth in this 
subsection to every alien determined to be inad-
missible or deportable on such a ground; and 
‘‘(B) may, in the case of any alien, deter-
mine the inadmissibility of the alien under sub-
paragraph (A) or (B) of section 212(a)(3) 
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118 
(other than subclauses (I), (II), and (III) of 
section 212(a)(3)(B)), or the deportability of 
the alien under subparagraph (A) or (B) of sec-
tion 237(a)(4) (as a consequence of being de-
scribed in subclause (I), (II), or (III) of section 
212(a)(3)(B)), and issue an order of removal 
pursuant to the procedures set forth in this 
subsection or section 240 to every alien deter-
mined to be inadmissible or deportable on such 
a ground. 
‘‘(2) The Secretary of Homeland Security may 
not execute any order described in paragraph (1) 
until 14 calendar days have passed from the date 
that such order was issued, unless waived by the 
alien, in order that the alien has an opportunity to 
apply for judicial review under section 242. 
‘‘(3) Proceedings before the Secretary of Home-
land Security under this subsection shall be in ac-
cordance with such regulations as the Secretary 
shall prescribe. The Secretary shall provide that— 
‘‘(A) the alien is given reasonable notice of 
the charges and of the opportunity described in 
subparagraph (C); 
‘‘(B) the alien shall have the privilege of 
being represented (at no expense to the Govern-
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119 
ment) by such counsel, authorized to practice in 
such proceedings, as the alien shall choose; 
‘‘(C) the alien has a reasonable oppor-
tunity to inspect the evidence and rebut the 
charges; 
‘‘(D) a determination is made on the 
record that the individual upon whom the notice 
for the proceeding under this section is served 
(either in person or by mail) is, in fact, the 
alien named in such notice; 
‘‘(E) a record is maintained for judicial re-
view; and 
‘‘(F) the final order of removal is not adju-
dicated by the same person who issues the 
charges. 
‘‘(4) No alien described in this subsection shall 
be eligible for any relief from removal that the Sec-
retary of Homeland Security may grant in the Sec-
retary’s discretion.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents of the Immigration and Nationality Act (8 U.S.C. 
1101 et seq.) is amended by striking the item relating to 
section 238 and inserting the following: 
‘‘Sec. 238. Expedited removal of aliens convicted of aggravated felonies or who 
are subject to terrorism-related grounds for removal.’’. 
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120 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act but shall not apply to aliens who are in removal 
proceedings under section 240 of the Immigration and Na-
tionality Act (8 U.S.C. 1229a) on such date. 
SEC. 319. INCREASED PENALTIES BARRING THE ADMIS-
SION OF CONVICTED SEX OFFENDERS FAIL-
ING TO REGISTER AND REQUIRING DEPORTA-
TION OF SEX OFFENDERS FAILING TO REG-
ISTER. 
(a) INADMISSIBILITY.—Section 212(a)(2)(A)(i) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(a)(2)(A)(i)), as amended by section 302(a) of this 
Act, is further amended— 
(1) in subclause (II), by striking ‘‘or’’ at the 
end; 
(2) in subclause (III), by adding ‘‘or’’ at the 
end; and 
(3) by inserting after subclause (III) the fol-
lowing: 
‘‘(IV) a violation of section 2250 
of title 18, United States Code (relat-
ing to failure to register as a sex of-
fender),’’. 
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121 
(b) DEPORTABILITY.—Section 237(a)(2) of such Act 
(8 U.S.C. 1227(a)(2)), as amended by sections 302(c) and 
311(c) of this Act, is further amended— 
(1) in subparagraph (A), by striking clause (v); 
and 
(2) by adding at the end the following: 
‘‘(I) FAILURE TO REGISTER AS A SEX OF-
FENDER.—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 section 2250 of title 18, United 
States Code (relating to failure to register as a 
sex offender) is deportable.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act and shall apply to acts that occur before, on, 
or after the date of the enactment of this Act. 
SEC. 320. PROTECTING IMMIGRANTS FROM CONVICTED 
SEX OFFENDERS. 
(a) IMMIGRANTS.—Section 204(a)(1) of the Immigra-
tion and Nationality Act (8 U.S.C. 1154(a)(1)), is amend-
ed— 
(1) in subparagraph (A), by amending clause 
(viii) to read as follows: 
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122 
‘‘(viii) Clause (i) shall not apply to a citizen of the 
United States who has been convicted of an offense de-
scribed in subparagraph (A), (I), or (K) of section 
101(a)(43), unless the Secretary of Homeland Security, 
in the Secretary’s sole and unreviewable discretion, deter-
mines that the citizen poses no risk to the alien with re-
spect to whom a petition described in clause (i) is filed.’’; 
and 
(2) in subparagraph (B)(i)— 
(A) by redesignating the second subclause 
(I) as subclause (II); and 
(B) by amending such subclause (II) to 
read as follows: 
‘‘(II) Subclause (I) shall not apply in the case of an 
alien admitted for permanent residence who has been con-
victed of an offense described in subparagraph (A), (I), 
or (K) of section 101(a)(43), unless the Secretary of 
Homeland Security, in the Secretary’s sole and unreview-
able discretion, determines that the alien lawfully admitted 
for permanent residence poses no risk to the alien with 
respect to whom a petition described in subclause (I) is 
filed.’’. 
(b) NONIMMIGRANTS.—Section 101(a)(15)(K) of 
such Act (8 U.S.C. 1101(a)(15)(K)), is amended by strik-
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123 
ing ‘‘204(a)(1)(A)(viii)(I))’’ each place such term appears 
and inserting ‘‘204(a)(1)(A)(viii))’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act and shall apply to petitions filed on or after 
such date. 
SEC. 321. CLARIFICATION TO CRIMES OF VIOLENCE AND 
CRIMES INVOLVING MORAL TURPITUDE. 
(a) INADMISSIBLE ALIENS.—Section 212(a)(2)(A) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(a)(2)(A)) is amended by adding at the end the fol-
lowing: 
‘‘(iii) CLARIFICATION.—If the convic-
tion records do not conclusively establish 
whether a crime constitutes a crime involv-
ing moral turpitude, the Secretary of 
Homeland Security may consider other evi-
dence related to the conviction that clearly 
establishes that the conduct for which the 
alien was engaged constitutes a crime in-
volving moral turpitude.’’. 
(b) DEPORTABLE ALIENS.— 
(1) GENERAL
CRIMES.—Section 237(a)(2)(A) 
of such Act (8 U.S.C. 1227(a)(2)(A)), as amended 
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124 
by section 320(b) of this Act, is further amended by 
inserting after clause (iv) the following: 
‘‘(v) CRIMES INVOLVING MORAL TUR-
PITUDE.—If the conviction records do not 
conclusively establish whether a crime con-
stitutes a crime involving moral turpitude, 
the Secretary of Homeland Security may 
consider other evidence related to the con-
viction that clearly establishes that the 
conduct for which the alien was engaged 
constitutes a crime involving moral turpi-
tude.’’. 
(2) 
DOMESTIC
VIOLENCE.—Section 
237(a)(2)(E) of such Act (8 U.S.C. 1227(a)(2)(E)) 
is amended by adding at the end the following: 
‘‘(iii) CRIMES OF VIOLENCE.—If the 
conviction records do not conclusively es-
tablish whether a crime of domestic vio-
lence constitutes a crime of violence (as de-
fined in section 16 of title 18, United 
States Code), the Secretary of Homeland 
Security may consider other evidence re-
lated to the conviction that clearly estab-
lishes that the conduct for which the alien 
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125 
was engaged constitutes a crime of vio-
lence.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act and shall apply to acts that occur before, on, 
or after the date of the enactment of this Act. 
SEC. 322. PENALTIES FOR FAILURE TO OBEY REMOVAL OR-
DERS. 
(a) IN GENERAL.—Section 243(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1253(a)) is amended— 
(1) in the matter preceding subparagraph (A) 
of paragraph (1), by inserting ‘‘212(a) or’’ before 
‘‘237(a),’’; and 
(2) by striking paragraph (3). 
(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 acts that are described 
in subparagraphs (A) through (D) of section 243(a)(1) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1253(a)(1)) that occur on or after the date of the enact-
ment of this Act. 
SEC. 323. PARDONS. 
(a) DEFINITION.—Section 101(a) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)), as amended by 
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126 
section 312(a) of this Act, is further amended by adding 
at the end the following: 
‘‘(54) The term ‘pardon’ means a full and uncondi-
tional pardon granted by the President of the United 
States, Governor of any of the several States or constitu-
tionally recognized body.’’. 
(b) DEPORTABILITY.—Section 237(a) of such Act (8 
U.S.C. 1227(a)) is amended— 
(1) in paragraph (2)(A), by striking clause (vi); 
and 
(2) by adding at the end the following: 
‘‘(8) PARDONS.—In the case of an alien who 
has been convicted of a crime and is subject to re-
moval due to that conviction, if the alien, subsequent 
to receiving the criminal conviction, is granted a 
pardon, the alien shall not be deportable by reason 
of that criminal conviction.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act and shall apply to a pardon granted before, 
on, or after such date. 
SEC. 324. CONVICTIONS. 
(a) Section 212(a)(2) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(a)(2)) is amended by adding at 
the end the following subparagraph: 
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127 
‘‘(O) CONVICTIONS.— 
‘‘(i) IN
GENERAL.—For purposes of 
determining whether an underlying crimi-
nal offense constitutes a ground of inad-
missibility under this subsection, all stat-
utes or common law offenses are divisible 
so long as any of the conduct encompassed 
by the statute constitutes an offense that 
is a ground of inadmissibility. 
‘‘(ii) OTHER EVIDENCE.—If the con-
viction records do not conclusively establish 
whether a crime constitutes a ground of in-
admissibility, the Attorney General or the 
Secretary of Homeland Security may con-
sider other evidence related to the convic-
tion that clearly establishes that the con-
duct for which the alien was engaged con-
stitutes a ground of inadmissibility.’’. 
(b) Section 237(a)(2) of the Immigration and Nation-
ality Act (8 U.S.C. 1227(a)(2)) is amended by adding at 
the end the following subparagraph: 
‘‘(J) CRIMINAL OFFENSES.— 
‘‘(i) IN
GENERAL.—For purposes of 
determining whether an underlying crimi-
nal offense constitutes a ground of deport-
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128 
ability under this subsection, all statutes or 
common law offenses are divisible so long 
as any of the conduct encompassed by the 
statute constitutes an offense that is a 
ground of deportability. 
‘‘(ii) OTHER EVIDENCE.—If the con-
viction records do not conclusively establish 
whether a crime constitutes a ground of 
deportability, the Attorney General or the 
Secretary of Homeland Security may con-
sider other evidence related to the convic-
tion that clearly establishes that the con-
duct for which the alien was engaged con-
stitutes a ground of deportability.’’. 
TITLE IV—VISA SECURITY 
SEC. 401. CANCELLATION OF ADDITIONAL VISAS. 
(a) IN GENERAL.—Section 222(g) of the Immigra-
tion and Nationality Act (8 U.S.C. 1202(g)) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘Attorney General’’ and in-
serting ‘‘Secretary’’; and 
(B) by inserting ‘‘and any other non-
immigrant visa issued by the United States that 
is in the possession of the alien’’ after ‘‘such 
visa’’; and 
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129 
(2) in paragraph (2)(A), by striking ‘‘(other 
than the visa described in paragraph (1)) issued in 
a consular office located in the country of the alien’s 
nationality’’ and inserting ‘‘(other than a visa de-
scribed in paragraph (1)) issued in a consular office 
located in the country of the alien’s nationality or 
foreign residence’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to a visa issued before, 
on, or after such date. 
SEC. 402. VISA INFORMATION SHARING. 
(a) IN GENERAL.—Section 222(f) of the Immigration 
and Nationality Act (8 U.S.C. 1202(f)(2)) is amended— 
(1) by striking ‘‘issuance or refusal’’ and insert-
ing ‘‘issuance, refusal, or revocation’’; 
(2) in paragraph (2), in the matter preceding 
subparagraph (A), by striking ‘‘and on the basis of 
reciprocity’’; 
(3) in paragraph (2)(A)— 
(A) by inserting ‘‘(i)’’ after ‘‘for the pur-
pose of’’; and 
(B) by striking ‘‘illicit weapons; or’’ and 
inserting ‘‘illicit weapons, or (ii) determining a 
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130 
person’s deportability or eligibility for a visa, 
admission, or other immigration benefit;’’; 
(4) in paragraph (2)(B)— 
(A) by striking ‘‘for the purposes’’ and in-
serting ‘‘for one of the purposes’’; and 
(B) by striking ‘‘or to deny visas to per-
sons who would be inadmissible to the United 
States.’’ and inserting ‘‘; or’’; and 
(5) in paragraph (2), by adding at the end the 
following: 
‘‘(C) with regard to any or all aliens in the 
database specified data elements from each 
record, if the Secretary of State determines that 
it is in the national interest to provide such in-
formation to a foreign government.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect 60 days after the date of 
the enactment of the Act. 
SEC. 403. RESTRICTING WAIVER OF VISA INTERVIEWS. 
Section 222(h) of the Immigration and Nationality 
Act (8 U.S.C. 1202(h)(1)(B)) is amended— 
(1) in paragraph (1)(C), by inserting ‘‘, in con-
sultation with the Secretary of Homeland Security,’’ 
after ‘‘if the Secretary’’; 
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131 
(2) in paragraph (1)(C)(i), by inserting ‘‘, 
where such national interest shall not include facili-
tation of travel of foreign nationals to the United 
States, reduction of visa application processing 
times, or the allocation of consular resources’’ before 
the semicolon at the end; and 
(3) in paragraph (2)— 
(A) by striking ‘‘or’’ at the end of subpara-
graph (E); 
(B) by striking the period at the end of 
subparagraph (F) and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(G) is an individual— 
‘‘(i) determined to be in a class of 
aliens determined by the Secretary of 
Homeland Security to be threats to na-
tional security; 
‘‘(ii) identified by the Secretary of 
Homeland Security as a person of concern; 
or 
‘‘(iii) applying for a visa in a visa cat-
egory with respect to which the Secretary 
of Homeland Security has determined that 
a waiver of the visa interview would create 
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132 
a high risk of degradation of visa program 
integrity.’’. 
SEC. 404. AUTHORIZING THE DEPARTMENT OF STATE TO 
NOT INTERVIEW CERTAIN INELIGIBLE VISA 
APPLICANTS. 
(a) IN GENERAL.—Section 222(h)(1) of the Immi-
gration and Nationality Act (8 U.S.C. 1202(h)(1)) is 
amended by inserting ‘‘the alien is determined by the Sec-
retary of State to be ineligible for a visa based upon review 
of the application or’’ after ‘‘unless’’. 
(b) GUIDANCE.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of State 
shall issue guidance to consular officers on the standards 
and processes for implementing the authority to deny visa 
applications without interview in cases where the alien is 
determined by the Secretary of State to be ineligible for 
a visa based upon review of the application. 
(c) REPORTS.—Not less frequently than once each 
quarter, the Secretary of State shall submit to the Con-
gress a report on the denial of visa applications without 
interview, including— 
(1) the number of such denials; and 
(2) a post-by-post breakdown of such denials. 
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133 
SEC. 405. VISA REFUSAL AND REVOCATION. 
(a) AUTHORITY OF THE SECRETARY OF HOMELAND 
SECURITY AND THE SECRETARY OF STATE.— 
(1) IN GENERAL.—Section 428 of the Home-
land Security Act of 2002 (6 U.S.C. 236) is amend-
ed by striking subsections (b) and (c) and inserting 
the following: 
‘‘(b) AUTHORITY OF THE SECRETARY OF HOMELAND 
SECURITY.— 
‘‘(1) IN
GENERAL.—Notwithstanding section 
104(a) of the Immigration and Nationality Act (8 
U.S.C. 1104(a)) or any other provision of law, and 
except as provided in subsection (c) and except for 
the authority of the Secretary of State under sub-
paragraphs (A) and (G) of section 101(a)(15) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)), the Secretary— 
‘‘(A) shall have exclusive authority to issue 
regulations, establish policy, and administer and 
enforce the provisions of the Immigration and 
Nationality Act (8 U.S.C. 1101 et seq.) and all 
other immigration or nationality laws relating 
to the functions of consular officers of the 
United States in connection with the granting 
and refusal of a visa; and 
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134 
‘‘(B) may refuse or revoke any visa to any 
alien or class of aliens if the Secretary, or des-
ignee, determines that such refusal or revoca-
tion is necessary or advisable in the security or 
foreign policy interests of the United States. 
‘‘(2) EFFECT OF REVOCATION.—The revocation 
of any visa under paragraph (1)(B)— 
‘‘(A) shall take effect immediately; and 
‘‘(B) shall automatically cancel any other 
valid visa that is in the alien’s possession. 
‘‘(3) JUDICIAL REVIEW.—Notwithstanding any 
other provision of law, 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 review a decision 
by the Secretary of Homeland Security to refuse or 
revoke a visa, and no court shall have jurisdiction to 
hear any claim arising from, or any challenge to, 
such a refusal or revocation. 
‘‘(c) AUTHORITY OF THE SECRETARY OF STATE.— 
‘‘(1) IN GENERAL.—The Secretary of State may 
direct a consular officer to refuse a visa requested 
by an alien if the Secretary of State determines such 
refusal to be necessary or advisable in the security 
or foreign policy interests of the United States. 
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135 
‘‘(2) LIMITATION.—No decision by the Sec-
retary of State to approve a visa may override a de-
cision by the Secretary of Homeland Security under 
subsection (b).’’. 
(2) AUTHORITY
OF
THE
SECRETARY
OF 
STATE.—Section 221(i) of the Immigration and Na-
tionality Act (8 U.S.C. 1201(i)) is amended by strik-
ing ‘‘section, except in the context of a removal pro-
ceeding if such revocation provides the sole ground 
for removal under section 1227(a)(1)(B).’’ and in-
serting ‘‘section.’’. 
(3) 
CONFORMING
AMENDMENT.—Section 
237(a)(1)(B) of the Immigration and Nationality 
Act (8 U.S.C. 1227(a)(1)(B)) is amended by strik-
ing ‘‘under section 221(i)’’. 
(4) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect on the date of the 
enactment of this Act and shall apply to visa refus-
als and revocations occurring before, on, or after 
such date. 
(b) TECHNICAL CORRECTIONS TO THE HOMELAND 
SECURITY ACT.—Section 428(a) of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 236(a)) is amended— 
(1) by striking ‘‘subsection’’ and inserting ‘‘sec-
tion’’; and 
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136 
(2) by striking ‘‘consular office’’ and inserting 
‘‘consular officer’’. 
SEC. 406. PETITION AND APPLICATION PROCESSING FOR 
VISAS AND IMMIGRATION BENEFITS. 
(a) IN GENERAL.—Chapter 2 of title II of the Immi-
gration and Nationality Act (8 U.S.C. 1181 et seq.) is 
amended by inserting after section 211 the following: 
‘‘SEC. 211A. PETITION AND APPLICATION PROCESSING. 
‘‘(a) SIGNATURE REQUIREMENT.— 
‘‘(1) IN GENERAL.—No petition or application 
filed with the Secretary of Homeland Security or 
with a consular officer relating to the issuance of a 
visa or to the admission of an alien to the United 
States as an immigrant or as a nonimmigrant may 
be approved unless the petition or application is 
signed by each party required to sign such petition 
or application. 
‘‘(2) APPLICATIONS FOR IMMIGRANT VISAS.— 
Except as may be otherwise prescribed by regula-
tions, each application for an immigrant visa shall 
be signed by the applicant in the presence of the 
consular officer, and verified by the oath of the ap-
plicant administered by the consular officer. 
‘‘(b) COMPLETION REQUIREMENT.—No petition or 
application filed with the Secretary of Homeland Security 
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137 
or with a consular officer relating to the issuance of a visa 
or to the admission of an alien to the United States as 
an immigrant or as a nonimmigrant may be approved un-
less each applicable portion of the petition or application 
has been completed. 
‘‘(c) TRANSLATION REQUIREMENT.—No document 
submitted in support of a petition or application for a non-
immigrant or immigrant visa may be accepted by a con-
sular officer if such document contains information in a 
foreign language, unless such document is accompanied by 
a full English translation, which the translator has cer-
tified as complete and accurate, and by the translator’s 
certification that he or she is competent to translate from 
the foreign language into English. 
‘‘(d) REQUESTS FOR ADDITIONAL INFORMATION.— 
In an instance where the Secretary of Homeland Security 
or a consular officer requests any additional information 
relating to a petition or application filed with the Sec-
retary or consular officer relating to the issuance of a visa 
or to the admission of an alien to the United States as 
an immigrant or as a nonimmigrant, such petition or ap-
plication may not be approved unless all of the additional 
information requested is provided in complete form and 
is provided on or before any deadline included in the re-
quest. 
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138 
‘‘SEC. 211B. BACKGROUND CHECKS AND OTHER SCREEN-
ING REQUIREMENTS. 
‘‘(a) COMPREHENSIVE SECURITY AND BACKGROUND 
CHECK.—No petition or application filed with the Sec-
retary of Homeland Security or with a consular officer re-
lating to the issuance of a visa to or to the admission of 
an alien to the United States as an immigrant or as a 
nonimmigrant may be approved unless a background 
check to determine whether or not the alien is a national 
security threat and or is otherwise ineligible for such visa 
or admission is completed for— 
‘‘(1) the petitioner or applicant; and 
‘‘(2) each beneficiary or derivative of the peti-
tion or application. 
‘‘(b) REVIEW
OF SOCIAL MEDIA ACTIVITY.—The 
background check under subsection (a) shall include a re-
view of the alien’s publicly available interactions on and 
posting of material to the Internet (including social media 
services). 
‘‘(c) DNA TESTING.—No petition or application filed 
with the Secretary of Homeland Security or with a con-
sular officer relating to the issuance of an immigrant visa 
to an alien or to the admission of an alien to the United 
States as an immigrant, if the eligibility for the immigra-
tion benefit is predicated on the fact that a biological rela-
tionship exists between the petitioner or applicant and the 
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139 
beneficiary or derivative, may be approved, unless a ge-
netic test is conducted to confirm such biological relation-
ship and the results of such test are submitted as part 
of the petition or application. Any such genetic test shall 
be conducted at the expense of the petitioner or applicant. 
Evidence of a biological relationship, as submitted under 
this subsection, shall not in itself be determinative of such 
biological relationship.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Immigration and Nationality Act (8 U.S.C. 1101 
et seq.) is amended by inserting after the item pertaining 
to section 211 the following: 
‘‘211A. Petition and application processing. 
‘‘211B. Background checks and other screening requirements.’’. 
(c) CONFORMING AMENDMENT.—Section 222(e) of 
the Immigration and Nationality Act (8 U.S.C. 1201(e)) 
is amended by striking the following: ‘‘Except as may be 
otherwise prescribed by regulations, each application for 
an immigrant visa shall be signed by the applicant in the 
presence of the consular officer, and verified by the oath 
of the applicant administered by the consular officer.’’. 
(d) APPLICATION.—The amendments made by this 
section shall apply with respect to applications and peti-
tions filed after the date of the enactment of this Act. 
SEC. 407. FRAUD PREVENTION. 
(a) PROSPECTIVE ANALYTICS TECHNOLOGY.— 
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140 
(1) PLAN
FOR
IMPLEMENTATION.—Not later 
than 180 days after the date of the enactment of 
this Act, the Secretary of Homeland Security shall 
submit to the Committee on the Judiciary of the 
House of Representatives and the Committee on the 
Judiciary of the Senate a plan for the use of ad-
vanced analytics software to ensure the proactive de-
tection of fraud in immigration benefits applications 
and petitions and to ensure that any such applicant 
or petitioner does not pose a threat to national secu-
rity. 
(2) IMPLEMENTATION
OF
PLAN.—Not later 
than 1 year after the date of the submission of the 
plan under paragraph (1), the Secretary of Home-
land Security shall begin implementation of the plan. 
(b) BENEFITS FRAUD ASSESSMENT.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security, acting through the Fraud Detection and 
Nationality Security Directorate, shall complete a 
benefit fraud assessment by fiscal year 2021 on each 
of the following: 
(A) Petitions by VAWA self-petitioners (as 
such term is defined in section 101(a)(51) of 
the Immigration and Nationality Act). 
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141 
(B) Applications or petitions for visas or 
status under section 101(a)(15)(K) of such Act 
or under section 201(b)(2) of such Act, in the 
case of spouses. 
(C) Applications for visas or status under 
section 101(a)(27)(J) of such Act. 
(D) Applications for visas or status under 
section 101(a)(15)(U) of such Act. 
(E) Petitions for visas or status under sec-
tion 101(a)(27)(C) of such Act. 
(F) Applications for asylum under section 
208 of such Act. 
(G) Applications for adjustment of status 
under section 209 of such Act. 
(H) Petitions for visas or status under sec-
tion 201(b) of such Act. 
(2) REPORTING ON FINDINGS.—Not later than 
30 days after the completion of each benefit fraud 
assessment under paragraph (1), the Secretary shall 
submit to the Committee on the Judiciary of the 
House of Representatives and the Committee on the 
Judiciary of the Senate such assessment and rec-
ommendations on how to reduce the occurrence of 
instances of fraud identified by the assessment. 
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142 
SEC. 408. VISA SECURITY PROGRAM. 
(a) FUNDING.—Notwithstanding any other provision 
of law, beginning in fiscal year 2017 and thereafter, the 
Secretary of State shall charge surcharges in support of 
visa security that are in addition to the passport and im-
migrant visa fees in effect on January 1, 2004, and any 
other fees collected pursuant to the fourth paragraph 
under the heading ‘‘Diplomatic and Consular Programs’’ 
in the Department of State and Related Agency Appro-
priations Act, 2005 (title IV of division B of Public Law 
108–447): Provided, that funds collected pursuant to this 
authority shall be credited to the appropriation for U.S. 
Immigration and Customs Enforcement for the fiscal year 
in which the fees were collected, and shall be available 
until expended for the funding of the Visa Security Pro-
gram established by the Secretary of Homeland Security 
under section 428(e) of the Homeland Security Act of 
2002 (Public Law 107–296): Provided further, that such 
surcharges shall total the amount sufficient annually to 
cover the Visa Security Program costs. 
(b) EXPEDITIOUS EXPANSION OF ASSIGNMENT OF 
HOMELAND SECURITY EMPLOYEES TO DIPLOMATIC AND 
CONSULAR POSTS.— 
(1) IN GENERAL.—Section 428 of the Home-
land Security Act of 2002 (6 U.S.C. 236) is amend-
ed— 
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143 
(A) in subsection (e)— 
(i) by amending paragraph (1) to read 
as follows: 
‘‘(1) IN
GENERAL.—Not later than 4 years 
after the date of the enactment of the Visa Integrity 
and Security Act of 2016, the Secretary shall assign 
employees of the Department to each diplomatic and 
consular post at which visas are issued, and shall 
communicate such assignments to the Secretary of 
State.’’; and 
(ii) by amending paragraph (2)(B) to 
read as follows: 
‘‘(B) Review all such applications and sup-
porting documentation prior to the adjudication 
of such an application.’’; and 
(B) by striking subsection (i). 
(2) EXPEDITED CLEARANCE AND PLACEMENT 
OF
DHS
PERSONNEL.—Notwithstanding any other 
provision of law, and the processes set forth in Na-
tional Security Defense Directive 38 (dated June 2, 
1982) or any successor Directive, not later than one 
year after the date on which the Secretary of Home-
land Security communicates to the Secretary of 
State the assignment of personnel to a diplomatic or 
consular post under section 428(e) of the Homeland 
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144 
Security Act of 2002 (6 U.S.C. 236(e)), as amended 
by this Act, the Chief of Mission of such a post shall 
ensure that such personnel have been stationed and 
accommodated at that post and are able to carry out 
their duties. 
TITLE V—AID TO IMMIGRATION 
AND 
CUSTOMS 
ENFORCE-
MENT OFFICERS 
SEC. 501. ICE DEPORTATION OFFICERS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall authorize all deportation officers of the Depart-
ment of Homeland Security who have successfully com-
pleted basic immigration law enforcement training to exer-
cise the powers conferred by— 
(1) section 287(a)(5)(A) of the Immigration 
and Nationality Act (8 U.S.C. 1357(a)(5)(A)) to ar-
rest for any offense against the United States; 
(2) section 287(a)(5)(B) of such Act (8 U.S.C. 
1357(a)(5)(B)) to arrest for any felony; 
(3) section 274(a) of such Act (8 U.S.C. 
1324(a)) to arrest for bringing in, transporting, or 
harboring certain aliens, or inducing them to enter; 
(4) section 287(a) of such Act (8 U.S.C. 
1357(a)) to execute warrants of arrest for adminis-
trative immigration violations issued under section 
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145 
236 of such Act (8 U.S.C. 1226) or to execute war-
rants of criminal arrest issued under the authority 
of the United States; and 
(5) section 287(a) of such Act (8 U.S.C. 
1357(a)) to carry firearms, if they are individually 
qualified by training and experience to handle and 
safely operate the firearms they are permitted to 
carry, maintain proficiency in the use of such fire-
arms, and adhere to the provisions of the enforce-
ment standard governing the use of force. 
(b) ARREST POWERS.—Section 287(a)(2) of the Im-
migration and Nationality Act (8 U.S.C. 1357(a)(2)) is 
amended by striking ‘‘regulation and is likely to escape 
before a warrant can be obtained for his arrest,’’ and in-
serting ‘‘regulation,’’. 
SEC. 502. ICE DETENTION ENFORCEMENT OFFICERS. 
(a) AUTHORIZATION.—The Secretary of Homeland 
Security shall, subject to the availability of appropriations 
for such purpose, increase the number of positions for full- 
time active duty United States Immigration and Customs 
Enforcement detention enforcement officers by 2,500 
above the number of full-time positions for which funds 
were appropriated for fiscal year 2017. The Secretary will 
determine the rate at which the additional officers will be 
added with due regard to filling positions as expeditiously 
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146 
as possible without making any compromises in the selec-
tion or the training of the additional officers. 
(b) DUTIES.—U.S. Immigration and Customs En-
forcement detention enforcement officers who have suc-
cessfully completed detention enforcement officers’ basic 
training shall be responsible for— 
(1) taking and maintaining custody of any per-
son who has been arrested by an immigration offi-
cer; 
(2) transporting and guarding immigration de-
tainees; 
(3) securing Department of Homeland Security 
detention facilities; and 
(4) assisting in the processing of detainees. 
SEC. 503. ENSURING THE SAFETY OF ICE OFFICERS. 
(a) BODY ARMOR.—The Secretary of Homeland Se-
curity shall ensure that every U.S. Immigration and Cus-
toms Enforcement deportation officer on duty is issued 
high-quality body armor that is appropriate for the climate 
and risks faced by the agent. Enough body armor must 
be purchased to cover every agent in the field. 
(b) WEAPONS.—Such Secretary shall ensure that 
U.S. Immigration and Customs Enforcement deportation 
officers are equipped with weapons that are reliable and 
effective to protect themselves, their fellow agents, and in-
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147 
nocent third parties from the threats posed by armed 
criminals. Such weapons shall include, at a minimum, 
standard-issue handguns, M–4 (or equivalent) rifles, and 
Tasers. 
(c) SPECIAL TRAINING FOR HIGH-RISK ENFORCE-
MENT OPERATIONS.—Such Secretary shall provide appro-
priate training and certification to selected U.S. Immigra-
tion and Customs Enforcement deportation officers, at 
each field office, to conduct high-risk enforcement oper-
ations requiring enhanced tactical capabilities effectively 
to combat known dangers, to assist in high-risk trans-
ports, or to participate in other special assignments as 
designated by the Secretary and consistent with law, ex-
cept that nothing in this subsection shall be construed to 
impose a requirement that such training be completed, or 
such certification be obtained, in order to participate in 
such a high-risk enforcement operation. 
(d) EFFECTIVE DATE.—This section shall take effect 
90 days after the date of the enactment of this Act. 
SEC. 504. ICE ADVISORY COUNCIL. 
(a) ESTABLISHMENT.—An ICE Advisory Council 
shall be established not later than 3 months after the date 
of the enactment of this Act. 
(b) MEMBERSHIP.—The ICE Advisor Council shall 
be comprised of 7 members. 
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(c) APPOINTMENT.—Members shall to be appointed 
in the following manner: 
(1) One member shall be appointed by the 
President. 
(2) One member shall be appointed by the 
Chairman of the Judiciary Committee of the House 
of Representatives. 
(3) One member shall be appointed by the 
Chairman of the Judiciary Committee of the Senate. 
(4) One member shall be appointed by the 
Local 511, the ICE prosecutor’s union. 
(5) Three members shall be appointed by the 
National Immigration and Customs Enforcement 
Council. 
(d) TERM.—Members shall serve renewable, 2-year 
terms. 
(e) VOLUNTARY.—Membership shall be voluntary and 
non-remunerated, except that members will receive reim-
bursement from the Secretary of Homeland Security for 
travel and other related expenses. 
(f) RETALIATION PROTECTION.—Members who are 
employed by the Secretary of Homeland Security shall be 
protected from retaliation by their supervisors, managers, 
and other Department of Homeland Security employees 
for their participation on the Council. 
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(g) PURPOSE.—The purpose of the Council is to ad-
vise the Congress and the Secretary of Homeland Security 
on issues including the following: 
(1) The current status of immigration enforce-
ment efforts, including prosecutions and removals, 
the effectiveness of such efforts, and how enforce-
ment could be improved. 
(2) The effectiveness of cooperative efforts be-
tween the Secretary of Homeland Security and other 
law enforcement agencies, including additional types 
of enforcement activities that the Secretary should 
be engaged in, such as State and local criminal task 
forces. 
(3) Personnel, equipment, and other resource 
needs of field personnel. 
(4) Improvements that should be made to the 
organizational structure of the Department of 
Homeland Security, including whether the position 
of immigration enforcement agent should be merged 
into the deportation officer position. 
(5) The effectiveness of specific enforcement 
policies and regulations promulgated by the Sec-
retary of Homeland Security, and whether other en-
forcement priorities should be considered. 
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(h) REPORTS.—The Council shall provide quarterly 
reports to the Chairmen and Ranking Members of the 
Committees on the Judiciary of the Senate and the House 
of Representatives and to the Secretary of Homeland Se-
curity. The Council members shall meet directly with the 
Chairmen and Ranking Members (or their designated rep-
resentatives) and with the Secretary to discuss their re-
ports every 6 months. 
SEC. 505. PILOT PROGRAM FOR ELECTRONIC FIELD PROC-
ESSING. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall establish a pilot program in at least 5 of the 
10 U.S. Immigration and Customs Enforcement field of-
fices with the largest removal caseloads to allow U.S. Im-
migration and Customs Enforcement deportation officers 
to— 
(1) electronically process and serve charging 
documents, including notices to appear, while in the 
field; 
(2) electronically process and place detainers 
while in the field; and 
(3) electronically collect biometric data for the 
purpose of identifying an alien and establishing both 
immigration status and criminal history while in the 
field. 
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(b) DUTIES.—The pilot program described in sub-
section (a) shall be designed to allow deportation officers 
to use handheld or vehicle-mounted computers to— 
(1) enter any required data, including personal 
information about the alien subject and the reason 
for issuing the document; 
(2) apply the electronic signature of the issuing 
officer or agent; 
(3) set the date the alien is required to appear 
before an immigration judge, in the case of notices 
to appear; 
(4) print any documents the alien subject may 
be required to sign, along with additional copies of 
documents to be served on the alien; and 
(5) interface with the ENFORCE database so 
that all data is stored and retrievable. 
(c) CONSTRUCTION.—The pilot program described in 
subsection (a) shall be designed to replace, to the extent 
possible, the current paperwork and data-entry process 
used for issuing such charging documents and detainers. 
(d) DEADLINE.—The Secretary shall initiate the pilot 
program described in subsection (a) not later than 6 
months after the date of the enactment of this Act. 
(e) REPORT.—The Government Accountability Office 
shall report to the Judiciary Committee of the Senate and 
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152 
the House of Representatives no later than 18 months 
after the date of the enactment of this Act on the effective-
ness of the pilot program and provide recommendations 
for improving it. 
(f) ADVISORY COUNCIL.—The ICE Advisory Council 
established by section 504 shall include recommendations 
on how the pilot program should work in the first quar-
terly report of the Council, and shall include assessments 
of the program and recommendations for improvement in 
each subsequent report. 
(g) EFFECTIVE DATE.—This section shall take effect 
180 days after the date of the enactment of this Act. 
SEC. 506. ADDITIONAL ICE DEPORTATION OFFICERS AND 
SUPPORT STAFF. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall, subject to the availability of appropriations for 
such purpose, increase the number of positions for full- 
time active-duty U.S. Immigration and Customs Enforce-
ment deportation officers by 10,000 above the number of 
full-time positions for which funds were appropriated for 
fiscal year 2017. The Secretary will determine the rate 
at which the additional officers will be added with due re-
gard to filling the positions as expeditiously as possible 
without making any compromises in the selection or the 
training of the additional officers. 
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153 
(b) SUPPORT STAFF.—The Secretary shall, subject 
to the availability of appropriations for such purpose, in-
crease the number of positions for full-time support staff 
for U.S. Immigration and Customs Enforcement deporta-
tion officers by 700 above the number of full-time posi-
tions for which funds were appropriated for fiscal year 
2017. 
SEC. 507. ADDITIONAL ICE PROSECUTORS. 
The Secretary of Homeland Security shall increase, 
subject to the availability of appropriations for such pur-
pose, increase the number of positions for full-time trial 
attorneys working for United States Immigration and 
Customs Enforcement by 60 above the number of full-time 
positions for which funds were appropriated for fiscal year 
2017. The Secretary will determine the rate at which the 
additional trial attorneys will be added with due regard 
to filling positions as expeditiously as possible without 
making any compromises in the selection or the training 
of the additional attorneys. 
TITLE VI—MISCELLANEOUS 
ENFORCEMENT PROVISIONS 
SEC. 601. TIMELY REPATRIATION. 
(a) LISTING OF COUNTRIES.—Beginning on the date 
that is 6 months after the date of the enactment of this 
Act, and every 6 months thereafter, the Secretary of 
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154 
Homeland Security shall publish a report including the 
following: 
(1) A list of the following: 
(A) Countries that have refused or unrea-
sonably delayed repatriation of an alien who is 
a national of that country since the date of the 
enactment of this Act and the total number of 
such aliens, disaggregated by nationality. 
(B) Countries that have an excessive repa-
triation failure rate. 
(2) A list of each country that was included 
under subparagraph (B) or (C) of paragraph (1) in 
both the report preceding the current report and the 
current report. 
(b) SANCTIONS.—Beginning on the date that a coun-
try is included in a list under subsection (a)(2) and ending 
on the date that that country is not included in such list, 
that country shall be subject to the following: 
(1) The Secretary of State may not issue visas 
under section 101(a)(15)(A)(iii) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)(A)(iii)) 
to attendants, servants, personal employees, and 
members of their immediate families, of the officials 
and employees of that country who receive non-
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155 
immigrant status under clause (i) or (ii) of section 
101(a)(15)(A) of such Act. 
(2) Each 6 months thereafter that the country 
is included in that list, the Secretary of State shall 
reduce the number of visas available under clause (i) 
or (ii) of section 101(a)(15)(A) of the Immigration 
and Nationality Act in a fiscal year to nationals of 
that country by an amount equal to 10 percent of 
the baseline visa number for that country. Except as 
provided under section 243(d) of the Immigration 
and Nationality Act (8 U.S.C. 1253), the Secretary 
may not reduce the number to a level below 20 per-
cent of the baseline visa number. 
(c) WAIVERS.— 
(1) NATIONAL SECURITY WAIVER.—If the Sec-
retary of State submits to Congress a written deter-
mination that significant national security interests 
of the United States require a waiver of the sanc-
tions under subsection (b), the Secretary may waive 
any reduction below 80 percent of the baseline visa 
number. The Secretary of Homeland Security may 
not delegate the authority under this subsection. 
(2) TEMPORARY EXIGENT CIRCUMSTANCES.—If 
the Secretary of State submits to Congress a written 
determination that temporary exigent circumstances 
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156 
require a waiver of the sanctions under subsection 
(b), the Secretary may waive any reduction below 80 
percent of the baseline visa number during 6-month 
renewable periods. The Secretary of Homeland Secu-
rity may not delegate the authority under this sub-
section. 
(d) EXEMPTION.—The Secretary of Homeland Secu-
rity, in consultation with the Secretary of State, may ex-
empt a country from inclusion in a list under subsection 
(a)(2) if the total number of nonrepatriations outstanding 
is less than 10 for the preceding 3-year period. 
(e) UNAUTHORIZED
VISA
ISSUANCE.—Any visa 
issued in violation of this section shall be void. 
(f) NOTICE.—If an alien who has been convicted of 
a criminal offense before a Federal or State court whose 
repatriation was refused or unreasonably delayed is to be 
released from detention by the Secretary of Homeland Se-
curity, the Secretary shall provide notice to the State and 
local law enforcement agency for the jurisdictions in which 
the alien is required to report or is to be released. When 
possible, and particularly in the case of violent crime, the 
Secretary shall make a reasonable effort to provide notice 
of such release to any crime victims and their immediate 
family members. 
(g) DEFINITIONS.—For purposes of this section: 
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157 
(1) REFUSED OR UNREASONABLY DELAYED.— 
A country is deemed to have refused or unreasonably 
delayed the acceptance of an alien who is a citizen, 
subject, national, or resident of that country if, not 
later than 90 days after receiving a request to repa-
triate such alien from an official of the United 
States who is authorized to make such a request, the 
country does not accept the alien or issue valid trav-
el documents. 
(2) FAILURE RATE.—The term ‘‘failure rate’’ 
for a period means the percentage determined by di-
viding the total number of repatriation requests for 
aliens who are citizens, subjects, nationals, or resi-
dents of a country that that country refused or un-
reasonably delayed during that period by the total 
number of such requests during that period. 
(3) 
EXCESSIVE
REPATRIATION
FAILURE 
RATE.—The term ‘‘excessive repatriation failure 
rate’’ means, with respect to a report under sub-
section (a), a failure rate greater than 10 percent 
for any of the following: 
(A) The period of the 3 full fiscal years 
preceding the date of publication of the report. 
(B) The period of 1 year preceding the 
date of publication of the report. 
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158 
(4) NUMBER
OF
NON-REPATRIATIONS
OUT-
STANDING.—The term ‘‘number of non-repatriations 
outstanding’’ means, for a period, the number of 
unique aliens whose repatriation a country has re-
fused or unreasonably delayed and whose repatri-
ation has not occurred during that period. 
(5) BASELINE VISA NUMBER.—The term ‘‘base-
line visa number’’ means, with respect to a country, 
the average number of visas issued each fiscal year 
to nationals of that country under clauses (i) and 
(ii) of section 101(a)(15)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(A)) for the 3 
full fiscal years immediately preceding the first re-
port under subsection (a) in which that country is 
included in the list under subsection (a)(2). 
(h) GAO REPORT.—On the date that is 1 day after 
the date that the President submits a budget under sec-
tion 1105(a) of title 31, United States Code, for fiscal year 
2016, the Comptroller General of the United States shall 
submit a report to Congress regarding the progress of the 
Secretary of Homeland Security and the Secretary of 
State in implementation of this section and in making re-
quests to repatriate aliens as appropriate. 
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159 
SEC. 602. ENCOURAGING ALIENS TO DEPART VOLUN-
TARILY. 
(a) IN GENERAL.—Section 240B of the Immigration 
and Nationality Act (8 U.S.C. 1229c) is amended— 
(1) in subsection (a)— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) INSTEAD OF REMOVAL PROCEEDINGS.—If 
an alien is not described in paragraph (2)(A)(iii) or 
(4) of section 237(a), the Secretary of Homeland Se-
curity may permit the alien to voluntarily depart the 
United States at the alien’s own expense under this 
subsection instead of being subject to proceedings 
under section 240.’’; 
(B) by striking paragraph (3); 
(C) by redesignating paragraph (2) as 
paragraph (3); 
(D) by adding after paragraph (1) the fol-
lowing: 
‘‘(2) BEFORE THE CONCLUSION OF REMOVAL 
PROCEEDINGS.—If an alien is not described in para-
graph (2)(A)(iii) or (4) of section 237(a), the Sec-
retary of Homeland Security may permit the alien to 
voluntarily depart the United States at the alien’s 
own expense under this subsection after the initi-
ation of removal proceedings under section 240 and 
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160 
before the conclusion of such proceedings before an 
immigration judge.’’; 
(E) in paragraph (3), as redesignated— 
(i) by amending subparagraph (A) to 
read as follows: 
‘‘(A) INSTEAD OF REMOVAL.—Subject to 
subparagraph (C), permission to voluntarily de-
part under paragraph (1) shall not be valid for 
any period in excess of 120 days. The Secretary 
may require an alien permitted to voluntarily 
depart under paragraph (1) to post a voluntary 
departure bond, to be surrendered upon proof 
that the alien has departed the United States 
within the time specified.’’; 
(ii) by redesignating subparagraphs 
(B), (C), and (D) as subparagraphs (C), 
(D), and (E), respectively; 
(iii) by adding after subparagraph (A) 
the following: 
‘‘(B) BEFORE
THE
CONCLUSION
OF
RE-
MOVAL
PROCEEDINGS.—Permission to volun-
tarily depart under paragraph (2) shall not be 
valid for any period in excess of 60 days, and 
may be granted only after a finding that the 
alien has the means to depart the United States 
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161 
and intends to do so. An alien permitted to vol-
untarily depart under paragraph (2) shall post 
a voluntary departure bond, in an amount nec-
essary to ensure that the alien will depart, to be 
surrendered upon proof that the alien has de-
parted the United States within the time speci-
fied. An immigration judge may waive the re-
quirement to post a voluntary departure bond 
in individual cases upon a finding that the alien 
has presented compelling evidence that the 
posting of a bond will pose a serious financial 
hardship and the alien has presented credible 
evidence that such a bond is unnecessary to 
guarantee timely departure.’’; 
(iv) in subparagraph (C), as redesig-
nated, by striking ‘‘subparagraphs (C) and 
(D)(ii)’’ and inserting ‘‘subparagraphs (D) 
and (E)(ii)’’; 
(v) in subparagraph (D), as redesig-
nated, by striking ‘‘subparagraph (B)’’ 
each place that term appears and inserting 
‘‘subparagraph (C)’’; and 
(vi) in subparagraph (E), as redesig-
nated, by striking ‘‘subparagraph (B)’’ 
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162 
each place that term appears and inserting 
‘‘subparagraph (C)’’; and 
(F) in paragraph (4), by striking ‘‘para-
graph (1)’’ and inserting ‘‘paragraphs (1) and 
(2)’’; 
(2) in subsection (b)(2), by striking ‘‘a period 
exceeding 60 days’’ and inserting ‘‘any period in ex-
cess of 45 days’’; 
(3) by amending subsection (c) to read as fol-
lows: 
‘‘(c) CONDITIONS ON VOLUNTARY DEPARTURE.— 
‘‘(1) VOLUNTARY
DEPARTURE
AGREEMENT.— 
Voluntary departure may only be granted as part of 
an affirmative agreement by the alien. A voluntary 
departure agreement under subsection (b) shall in-
clude a waiver of the right to any further motion, 
appeal, application, petition, or petition for review 
relating to removal or relief or protection from re-
moval. 
‘‘(2) CONCESSIONS
BY
THE
SECRETARY.—In 
connection with the alien’s agreement to depart vol-
untarily under paragraph (1), the Secretary of 
Homeland Security may agree to a reduction in the 
period of inadmissibility under subparagraph (A) or 
(B)(i) of section 212(a)(9). 
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163 
‘‘(3) ADVISALS.—Agreements relating to vol-
untary departure granted during removal pro-
ceedings under section 240, or at the conclusion of 
such proceedings, shall be presented on the record 
before the immigration judge. The immigration 
judge shall advise the alien of the consequences of 
a voluntary departure agreement before accepting 
such agreement. 
‘‘(4) FAILURE
TO
COMPLY
WITH
AGREE-
MENT.— 
‘‘(A) IN GENERAL.—If an alien agrees to 
voluntary departure under this section and fails 
to depart the United States within the time al-
lowed for voluntary departure or fails to comply 
with any other terms of the agreement (includ-
ing failure to timely post any required bond), 
the alien is— 
‘‘(i) ineligible for the benefits of the 
agreement; 
‘‘(ii) subject to the penalties described 
in subsection (d); and 
‘‘(iii) subject to an alternate order of 
removal if voluntary departure was granted 
under subsection (a)(2) or (b). 
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164 
‘‘(B) EFFECT
OF
FILING
TIMELY
AP-
PEAL.—If, after agreeing to voluntary depar-
ture, the alien files a timely appeal of the immi-
gration judge’s decision granting voluntary de-
parture, the alien may pursue the appeal in-
stead of the voluntary departure agreement. 
Such appeal operates to void the alien’s vol-
untary departure agreement and the con-
sequences of such agreement, but precludes the 
alien from another grant of voluntary departure 
while the alien remains in the United States. 
‘‘(5) VOLUNTARY DEPARTURE PERIOD NOT AF-
FECTED.—Except as expressly agreed to by the Sec-
retary in writing in the exercise of the Secretary’s 
discretion before the expiration of the period allowed 
for voluntary departure, no motion, appeal, applica-
tion, petition, or petition for review shall affect, rein-
state, enjoin, delay, stay, or toll the alien’s obligation 
to depart from the United States during the period 
agreed to by the alien and the Secretary.’’; 
(4) by amending subsection (d) to read as fol-
lows: 
‘‘(d) PENALTIES FOR FAILURE TO DEPART.—If an 
alien is permitted to voluntarily depart under this section 
and fails to voluntarily depart from the United States 
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165 
within the time period specified or otherwise violates the 
terms of a voluntary departure agreement, the alien will 
be subject to the following penalties: 
‘‘(1) CIVIL PENALTY.—The alien shall be liable 
for a civil penalty of $3,000. The order allowing vol-
untary departure shall specify this amount, which 
shall be acknowledged by the alien on the record. If 
the Secretary thereafter establishes that the alien 
failed to depart voluntarily within the time allowed, 
no further procedure will be necessary to establish 
the amount of the penalty, and the Secretary may 
collect the civil penalty at any time thereafter and 
by whatever means provided by law. An alien will be 
ineligible for any benefits under this chapter until 
this civil penalty is paid. 
‘‘(2) INELIGIBILITY
FOR
RELIEF.—The alien 
shall be ineligible during the time the alien remains 
in the United States and for a period of 10 years 
after the alien’s departure for any further relief 
under this section and sections 240A, 245, 248, and 
249. The order permitting the alien to depart volun-
tarily shall inform the alien of the penalties under 
this subsection. 
‘‘(3) REOPENING.—The alien shall be ineligible 
to reopen the final order of removal that took effect 
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166 
upon the alien’s failure to depart, or upon the alien’s 
other violations of the conditions for voluntary de-
parture, during the period described in paragraph 
(2). This paragraph does not preclude a motion to 
reopen to seek withholding of removal under section 
241(b)(3) or protection against torture, if the mo-
tion— 
‘‘(A) presents material evidence of changed 
country conditions arising after the date of the 
order granting voluntary departure in the coun-
try to which the alien would be removed; and 
‘‘(B) makes a sufficient showing to the sat-
isfaction of the Secretary of Homeland Security 
that the alien is otherwise eligible for such pro-
tection.’’; 
(5) by amending subsection (e) to read as fol-
lows: 
‘‘(e) ELIGIBILITY.— 
‘‘(1) PRIOR
GRANT
OF
VOLUNTARY
DEPAR-
TURE.—An alien shall not be permitted to volun-
tarily depart under this section if the Secretary of 
Homeland Security or the Attorney General pre-
viously permitted the alien to depart voluntarily. 
‘‘(2) RULEMAKING.—The Secretary may pro-
mulgate regulations to limit eligibility or impose ad-
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ditional conditions for voluntary departure under 
subsection (a)(1) for any class of aliens. The Sec-
retary may by regulation limit eligibility or impose 
additional conditions for voluntary departure under 
subsections (a)(2) or (b) of this section for any class 
or classes of aliens.’’; and 
(6) in subsection (f), by adding at the end the 
following: ‘‘Notwithstanding section 242(a)(2)(D) of 
this Act, sections 1361, 1651, and 2241 of title 28, 
United States Code, any other habeas corpus provi-
sion, and any other provision of law (statutory or 
nonstatutory), no court shall have jurisdiction to af-
fect, reinstate, enjoin, delay, stay, or toll the period 
allowed for voluntary departure under this section.’’. 
(b) RULEMAKING.—The Secretary shall within one 
year of the date of the enactment of this Act promulgate 
regulations to provide for the imposition and collection of 
penalties 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 
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168 
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— 
(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’’. 
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169 
(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 
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 Secretary of Homeland Security 
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170 
that the alien is otherwise eligible for such pro-
tection.’’. 
(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 
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 
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171 
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).— 
‘‘(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.’’. 
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172 
(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. ATTORNEY GENERAL’S DISCRETION IN DETER-
MINING COUNTRIES OF REMOVAL. 
Section 241(b) of the Immigration and Nationality 
Act (8 U.S.C. 1231(b)) is amended— 
(1) in paragraph (1)(C)(iv), by striking the pe-
riod at the end and inserting ‘‘, or the Attorney 
General decides that removing the alien to the coun-
try is prejudicial to the United States.’’; and 
(2) in paragraph (2)(E)(vii), by inserting ‘‘or 
the Attorney General decides that removing the alien 
to one or more such countries is prejudicial to the 
United States,’’ after ‘‘this subparagraph,’’. 
SEC. 606. STATUTE OF LIMITATIONS FOR FRAUD OFFENSES 
INVOLVING CERTAIN HUMAN RIGHTS VIOLA-
TIONS OR WAR CRIMES. 
(a) IN GENERAL.—Chapter 213 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
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173 
‘‘§ 3302. Fraud in connection with certain human 
rights violations or war crimes 
‘‘(a) IN GENERAL.—Unless the indictment is found 
or the information is instituted within 10 years after the 
commission of the offense, no person shall be prosecuted, 
tried, or punished for a violation of any provision of sec-
tion 1001, 1015, 1546, or 1621, or for attempt or con-
spiracy to violate any of such provisions, when the viola-
tion, attempt, or conspiracy concerns the alleged offend-
er’s— 
‘‘(1) participation, at any time, at any place, 
and irrespective of the nationality of the alleged of-
fender or any victim, in a human rights violation or 
war crime; or 
‘‘(2) membership in, service in, or authority 
over, a military, paramilitary, or police organization 
that participated in such conduct during any part of 
any period in which the alleged offender was a mem-
ber of, served in, or had authority over, the organi-
zation. 
‘‘(b) DEFINITIONS.—For purposes of this section: 
‘‘(1) The term ‘extrajudicial killing under color 
of foreign law’ means conduct specified in section 
212(a)(3)(E)(iii) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)(3)(E)(iii)). 
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174 
‘‘(2) The term ‘female genital mutilation’ 
means conduct described in section 116. 
‘‘(3) The term ‘genocide’ means conduct de-
scribed in section 1091(a). 
‘‘(4) The term ‘human rights violation or war 
crime’ means genocide, incitement to genocide, war 
crimes, torture, female genital mutilation, extrajudi-
cial killing under color of foreign law, persecution, 
particularly severe violations of religious freedom by 
a foreign government official, or the use or recruit-
ment of child soldiers. 
‘‘(5) The term ‘incitement to genocide’ means 
conduct described in section 1091(c). 
‘‘(6) The term ‘particularly severe violations of 
religious freedom’ has the meaning given such term 
in section 3(13) of the International Religious Free-
dom Act of 1998 (22 U.S.C. 6402(13)). 
‘‘(7) The term ‘persecution’ means conduct de-
scribed in section 208(b)(2)(A)(i) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C. 
1158(b)(2)(A)(i)). 
‘‘(8) The term ‘torture’ means conduct de-
scribed in paragraph (1) or (2) of section 2340. 
‘‘(9) The term ‘use or recruitment of child sol-
diers’ means conduct described in section 2442(a). 
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‘‘(10) The term ‘war crimes’ means conduct de-
scribed in section 2441.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 213 of title 18, United States 
Code, is amended by adding at the end the following: 
‘‘3302. Fraud in connection with certain human rights violations or war 
crimes.’’. 
(c) APPLICATION.—The amendments made by this 
section shall apply to any offense committed on or after 
the date of the enactment of this Act. 
SEC. 607. 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 
under this Act, even if the adjustment of status occurred 
while the alien was present in the United States.’’. 
SEC. 608. TEMPORARY PROTECTED STATUS DESIGNATION. 
(a) CONGRESSIONAL REVIEW
OF EXTENSION
OF 
DESIGNATION.—Section 244(b)(3) of the Immigration 
and Nationality Act (8 U.S.C. 1254a(b)(3)) is amended— 
(1) in subparagraph (A), by striking the final 
sentence; and 
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