I 
113TH CONGRESS 
1ST SESSION H. R. 2278 
To amend the Immigration and Nationality Act to improve immigration 
law enforcement within the interior of the United States, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 6, 2013 
Mr. GOWDY (for himself, Mr. GOODLATTE, Mr. SMITH of Texas, Mr. FORBES, 
Mrs. BLACKBURN, Mr. BISHOP of Utah, Mr. COBLE, Mr. POE of Texas, 
Mr. WESTMORELAND, Mr. CHAFFETZ, Mr. SENSENBRENNER, Mrs. 
BACHMANN, Mr. COLLINS of Georgia, Mr. WOODALL, Mr. MULVANEY, 
Mr. FRANKS of Arizona, Mr. PEARCE, Mr. DESANTIS, Mr. CHABOT, and 
Mr. LABRADOR) introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Committees on Home-
land Security, Agriculture, and Natural Resources, for a period to be sub-
sequently determined by the Speaker, in each case for consideration of 
such provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the Immigration and Nationality Act to improve 
immigration law enforcement within the interior of the 
United States, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Strengthen and Fortify 
Enforcement Act’’ or the ‘‘SAFE Act’’. 
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SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—IMMIGRATION LAW ENFORCEMENT BY STATES AND 
LOCALITIES 
Sec. 101. Definitions and severability. 
Sec. 102. Immigration law enforcement by States and localities. 
Sec. 103. Listing of immigration violators in the national crime information 
center database. 
Sec. 104. Technology access. 
Sec. 105. State and local law enforcement provision of information about appre-
hended aliens. 
Sec. 106. Financial assistance to State and local police agencies that assist in 
the enforcement of immigration laws. 
Sec. 107. Increased Federal detention space. 
Sec. 108. Federal custody of inadmissible and deportable aliens in the United 
States apprehended by State or local law enforcement. 
Sec. 109. Training of State and local law enforcement personnel relating to the 
enforcement of immigration laws. 
Sec. 110. Immunity. 
Sec. 111. Criminal alien identification program. 
Sec. 112. Clarification of congressional intent. 
Sec. 113. State criminal alien assistance program (SCAAP). 
Sec. 114. State violations of enforcement of immigration laws. 
Sec. 115. Clarifying the authority of ICE detainers. 
TITLE II—NATIONAL SECURITY 
Sec. 201. Removal of, and denial of benefits to, terrorist aliens. 
Sec. 202. Terrorist bar to good moral character. 
Sec. 203. Terrorist bar to naturalization. 
Sec. 204. Denaturalization for terrorists. 
Sec. 205. Use of 1986 IRCA legalization information for national security pur-
poses. 
Sec. 206. Background and security checks. 
Sec. 207. Technical amendments relating to the Intelligence Reform and Ter-
rorism Prevention Act of 2004. 
TITLE III—REMOVAL OF CRIMINAL ALIENS 
Sec. 301. Definition of aggravated felony and conviction. 
Sec. 302. Precluding admissibility of aliens convicted of aggravated felonies or 
other serious offenses. 
Sec. 303. Espionage clarification. 
Sec. 304. Prohibition of the sale of firearms to, or the possession of firearms 
by, certain aliens. 
Sec. 305. Uniform statute of limitations for certain immigration, naturalization, 
and peonage offenses. 
Sec. 306. Conforming amendment to the definition of racketeering activity. 
Sec. 307. Conforming amendments for the aggravated felony definition. 
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Sec. 308. Precluding refugee or asylee adjustment of status for aggravated fel-
ons. 
Sec. 309. Inadmissibility and deportability of drunk drivers. 
Sec. 310. Detention of dangerous aliens. 
Sec. 311. Grounds of inadmissibility and deportability for alien gang members. 
Sec. 312. Extension of identity theft offenses. 
Sec. 313. Laundering of monetary instruments. 
Sec. 314. Increased criminal penalties relating to alien smuggling and related 
offenses. 
Sec. 315. Penalties for illegal entry. 
Sec. 316. Illegal reentry. 
Sec. 317. Reform of passport, visa, and immigration fraud offenses. 
Sec. 318. Forfeiture. 
Sec. 319. Expedited removal for aliens inadmissible on criminal or security 
grounds. 
Sec. 320. Increased penalties barring the admission of convicted sex offenders 
failing to register and requiring deportation of sex offenders 
failing to register. 
Sec. 321. Protecting immigrants from convicted sex offenders. 
Sec. 322. Clarification to crimes of violence and crimes involving moral turpi-
tude. 
Sec. 323. Penalties for failure to obey removal orders. 
Sec. 324. Pardons. 
TITLE IV—VISA SECURITY 
Sec. 401. Cancellation of additional visas. 
Sec. 402. Visa information sharing. 
Sec. 403. Restricting waiver of visa interviews. 
Sec. 404. Authorizing the Department of State to not interview certain ineli-
gible visa applicants. 
Sec. 405. Visa refusal and revocation. 
Sec. 406. Funding for the visa security program. 
Sec. 407. Expeditious expansion of visa security program to high-risk posts. 
Sec. 408. Expedited clearance and placement of Department of Homeland Se-
curity personnel at overseas embassies and consular posts. 
Sec. 409. Increased criminal penalties for student visa integrity. 
Sec. 410. Accreditation requirements. 
Sec. 411. Visa fraud. 
Sec. 412. Background checks. 
Sec. 413. Flight schools not certified by FAA. 
Sec. 414. Revocation of accreditation. 
Sec. 415. Report on risk assessment. 
Sec. 416. Implementation of GAO recommendations. 
Sec. 417. Implementation of SEVIS II. 
Sec. 418. Definitions. 
TITLE V—AID TO U.S. IMMIGRATION AND CUSTOMS 
ENFORCEMENT OFFICERS 
Sec. 501. ICE immigration enforcement agents. 
Sec. 502. ICE detention enforcement officers. 
Sec. 503. Ensuring the safety of ICE officers and agents. 
Sec. 504. ICE Advisory Council. 
Sec. 505. Pilot program for electronic field processing. 
Sec. 506. Additional ICE deportation officers and support staff. 
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Sec. 507. Additional ICE prosecutors. 
TITLE VI—MISCELLANEOUS ENFORCEMENT PROVISIONS 
Sec. 601. Encouraging aliens to depart voluntarily. 
Sec. 602. Deterring aliens ordered removed from remaining in the United 
States unlawfully. 
Sec. 603. Reinstatement of removal orders. 
Sec. 604. Clarification with respect to definition of admission. 
Sec. 605. Reports to Congress on the exercise and abuse of prosecutorial discre-
tion. 
Sec. 606. Waiver of Federal laws with respect to border security actions on De-
partment of the Interior and Department of Agriculture lands. 
TITLE I—IMMIGRATION LAW EN-
FORCEMENT BY STATES AND 
LOCALITIES 
SEC. 101. DEFINITIONS AND SEVERABILITY. 
(a) STATE DEFINED.—For the purposes of this title, 
the term ‘‘State’’ has the meaning given to such term in 
section 101(a)(36) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(36)). 
(b) SECRETARY DEFINED.—For the purpose of this 
title, the term ‘‘Secretary’’ means the Secretary of Home-
land Security. 
(c) SEVERABILITY.—If any provision of this title, or 
the application of such provision to any person or cir-
cumstance, is held invalid, the remainder of this title, and 
the application of such provision to other persons not simi-
larly situated or to other circumstances, shall not be af-
fected by such invalidation. 
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SEC. 102. IMMIGRATION LAW ENFORCEMENT BY STATES 
AND LOCALITIES. 
(a) IN GENERAL.—Subject to section 274A(h)(2) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1324a(h)(2)), States, or political subdivisions of States, 
may enact, implement and enforce criminal penalties that 
penalize the same conduct that is prohibited in the crimi-
nal provisions of immigration laws (as defined in section 
101(a)(17) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(17))), as long as the criminal penalties do 
not exceed the relevant Federal criminal penalties. States, 
or political subdivisions of States, may enact, implement 
and enforce civil penalties that penalize the same conduct 
that is prohibited in the civil violations of immigration 
laws (as defined in such section 101(a)(17)), as long as 
the civil penalties do not exceed the relevant Federal civil 
penalties. 
(b) LAW ENFORCEMENT PERSONNEL.—Law enforce-
ment personnel of a State, or of a political subdivision of 
a State, may investigate, identify, apprehend, arrest, de-
tain, or transfer to Federal custody aliens for the purposes 
of enforcing the immigration laws of the United States 
to the same extent as Federal law enforcement personnel. 
Law enforcement personnel of a State, or of a political 
subdivision of a State, may also investigate, identify, ap-
prehend, arrest, or detain aliens for the purposes of en-
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forcing the immigration laws of a State or of a political 
subdivision of State, as long as those immigration laws 
are permissible under this section. Law enforcement per-
sonnel of a State, or of a political subdivision of a State, 
may not remove aliens from the United States. 
SEC. 103. LISTING OF IMMIGRATION VIOLATORS IN THE NA-
TIONAL CRIME INFORMATION CENTER DATA-
BASE. 
(a) PROVISION OF INFORMATION TO THE NCIC.— 
Not later than 180 days after the date of the enactment 
of this Act and periodically thereafter as updates may re-
quire, the Secretary shall provide the National Crime In-
formation Center of the Department of Justice with all 
information that the Secretary may possess regarding any 
alien against whom a final order of removal has been 
issued, any alien who has entered into a voluntary depar-
ture agreement, any alien who has overstayed their au-
thorized period of stay, and any alien whose visas has been 
revoked. The National Crime Information Center shall 
enter such information into the Immigration Violators File 
of the National Crime Information Center database, re-
gardless of whether— 
(1) the alien received notice of a final order of 
removal; 
(2) the alien has already been removed; or 
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(3) sufficient identifying information is avail-
able with respect to the alien. 
(b) INCLUSION
OF INFORMATION
IN
THE NCIC 
DATABASE.— 
(1) IN GENERAL.—Section 534(a) of title 28, 
United States Code, is amended— 
(A) in paragraph (3), by striking ‘‘and’’ at 
the end; 
(B) by redesignating paragraph (4) as 
paragraph (5); and 
(C) by inserting after paragraph (3) the 
following: 
‘‘(4) acquire, collect, classify, and preserve 
records of violations by aliens of the immigration 
laws of the United States, regardless of whether any 
such alien has received notice of the violation or 
whether sufficient identifying information is avail-
able with respect to any such alien or whether any 
such alien has already been removed from the 
United States; and’’. 
(2) EFFECTIVE DATE.—The Attorney General 
and the Secretary shall ensure that the amendment 
made by paragraph (1) is implemented by not later 
than 6 months after the date of the enactment of 
this Act. 
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SEC. 104. TECHNOLOGY ACCESS. 
States shall have access to Federal programs or tech-
nology directed broadly at identifying inadmissible or de-
portable aliens. 
SEC. 105. STATE AND LOCAL LAW ENFORCEMENT PROVI-
SION 
OF 
INFORMATION 
ABOUT 
APPRE-
HENDED ALIENS. 
(a) PROVISION
OF INFORMATION.—In compliance 
with section 642(a) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) 
and section 434 of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1644), 
each State, and each political subdivision of a State, shall 
provide the Secretary of Homeland Security in a timely 
manner with the information specified in subsection (b) 
with respect to each alien apprehended in the jurisdiction 
of the State, or in the political subdivision of the State, 
who is believed to be inadmissible or deportable. 
(b) INFORMATION REQUIRED.—The information re-
ferred to in subsection (a) is as follows: 
(1) The alien’s name. 
(2) The alien’s address or place of residence. 
(3) A physical description of the alien. 
(4) The date, time, and location of the encoun-
ter with the alien and reason for stopping, detaining, 
apprehending, or arresting the alien. 
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(5) If applicable, the alien’s driver’s license 
number and the State of issuance of such license. 
(6) If applicable, the type of any other identi-
fication document issued to the alien, any designa-
tion number contained on the identification docu-
ment, and the issuing entity for the identification 
document. 
(7) If applicable, the license plate number, 
make, and model of any automobile registered to, or 
driven by, the alien. 
(8) A photo of the alien, if available or readily 
obtainable. 
(9) The alien’s fingerprints, if available or read-
ily obtainable. 
(c) ANNUAL REPORT
ON REPORTING.—The Sec-
retary shall maintain and annually submit to the Congress 
a detailed report listing the States, or the political subdivi-
sions of States, that have provided information under sub-
section (a) in the preceding year. 
(d) REIMBURSEMENT.—The Secretary shall reim-
burse States, and political subdivisions of a State, for all 
reasonable costs, as determined by the Secretary, incurred 
by the State, or the political subdivision of a State, as 
a result of providing information under subsection (a). 
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(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out this section. 
(f) CONSTRUCTION.—Nothing in this section shall re-
quire law enforcement officials of a State, or of a political 
subdivision of a State, to provide the Secretary with infor-
mation related to a victim of a crime or witness to a crimi-
nal offense. 
(g) EFFECTIVE DATE.—This section shall take effect 
on the date that is 120 days after the date of the enact-
ment of this Act and shall apply with respect to aliens 
apprehended on or after such date. 
SEC. 106. FINANCIAL ASSISTANCE TO STATE AND LOCAL 
POLICE AGENCIES THAT ASSIST IN THE EN-
FORCEMENT OF IMMIGRATION LAWS. 
(a) GRANTS FOR SPECIAL EQUIPMENT FOR HOUSING 
AND PROCESSING CERTAIN ALIENS.—From amounts 
made available to make grants under this section, the Sec-
retary shall make grants to States, and to political subdivi-
sions of States, for procurement of equipment, technology, 
facilities, and other products that facilitate and are di-
rectly related to investigating, apprehending, arresting, 
detaining, or transporting aliens who are inadmissible or 
deportable, including additional administrative costs in-
curred under this title. 
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(b) ELIGIBILITY.—To be eligible to receive a grant 
under this section, a State, or a political subdivision of 
a State, must have the authority to, and shall have a writ-
ten policy and a practice to, assist in the enforcement of 
the immigration laws of the United States in the course 
of carrying out the routine law enforcement duties of such 
State or political subdivision of a State. Entities covered 
under this section may not have any policy or practice that 
prevents local law enforcement from inquiring about a sus-
pect’s immigration status. 
(c) FUNDING.—There is authorized to be appro-
priated for grants under this section such sums as may 
be necessary for fiscal year 2014 and each subsequent fis-
cal year. 
(d) GAO AUDIT.—Not later than 3 years after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall conduct an audit of funds dis-
tributed to States, and to political subdivisions of a State, 
under subsection (a). 
SEC. 107. INCREASED FEDERAL DETENTION SPACE. 
(a) CONSTRUCTION OR ACQUISITION OF DETENTION 
FACILITIES.— 
(1) IN
GENERAL.—The Secretary shall con-
struct or acquire, in addition to existing facilities for 
the detention of aliens, detention facilities in the 
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United States, for aliens detained pending removal 
from the United States or a decision regarding such 
removal. Each facility shall have a number of beds 
necessary to effectuate this purposes of this title. 
(2) DETERMINATIONS.—The location of any de-
tention facility built or acquired in accordance with 
this subsection shall be determined by the Secretary. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out this section. 
(c) TECHNICAL AND CONFORMING AMENDMENT.— 
Section 241(g)(1) of the Immigration and Nationality Act 
(8 U.S.C. 1231(g)(1)) is amended by striking ‘‘may ex-
pend’’ and inserting ‘‘shall expend’’. 
SEC. 108. FEDERAL CUSTODY OF INADMISSIBLE AND DE-
PORTABLE ALIENS IN THE UNITED STATES 
APPREHENDED BY STATE OR LOCAL LAW EN-
FORCEMENT. 
(a) STATE APPREHENSION.— 
(1) IN GENERAL.—Title II of the Immigration 
and Nationality Act (8 U.S.C. 1151 et seq.) is 
amended by inserting after section 240C the fol-
lowing: 
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‘‘CUSTODY OF INADMISSIBLE AND DEPORTABLE ALIENS 
PRESENT IN THE UNITED STATES 
‘‘SEC. 240D. (a) TRANSFER OF CUSTODY BY STATE 
AND LOCAL OFFICIALS.—If a State, or a political subdivi-
sion of the State, exercising authority with respect with 
respect to the apprehension or arrest of an inadmissible 
or deportable alien submits to the Secretary of Homeland 
Security a request that the alien be taken into Federal 
custody, notwithstanding any other provision of law, regu-
lation, or policy the Secretary— 
‘‘(1) shall take the alien into custody not later than 
48 hours after the detainer has been issued following the 
conclusion of the State or local charging process or dis-
missal process, or if no State or local charging or dismissal 
process is required, the Secretary should issue a detainer 
and take the alien into custody not later than 48 hours 
after the alien is apprehended; and 
‘‘(2) shall request that the relevant State or local law 
enforcement agency temporarily hold the alien in their 
custody or transport the alien for transfer to Federal cus-
tody. 
‘‘(b) POLICY
ON DETENTION
IN FEDERAL, CON-
TRACT, STATE, OR LOCAL DETENTION FACILITIES.—In 
carrying out section 241(g)(1), the Attorney General or 
Secretary of Homeland Security shall ensure that an alien 
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arrested under this title shall be held in custody, pending 
the alien’s examination under this section, in a Federal, 
contract, State, or local prison, jail, detention center, or 
other comparable facility. Notwithstanding any other pro-
vision of law, regulation or policy, such facility is adequate 
for detention, if— 
‘‘(1) such a facility is the most suitably located 
Federal, contract, State, or local facility available for 
such purpose under the circumstances; 
‘‘(2) an appropriate arrangement for such use 
of the facility can be made; and 
‘‘(3) the facility satisfies the standards for the 
housing, care, and security of persons held in cus-
tody by a United States Marshal. 
‘‘(c) REIMBURSEMENT.—The Secretary of Homeland 
Security shall reimburse a State, and a political subdivi-
sion of a State, for all reasonable expenses, as determined 
by the Secretary, incurred by the State, or political sub-
division, as a result of the incarceration and transpor-
tation of an alien who is inadmissible or deportable as de-
scribed in subsections (a) and (b). Compensation provided 
for costs incurred under such subsections shall be the av-
erage cost of incarceration of a prisoner in the relevant 
State, as determined by the chief executive officer of a 
State, or of a political subdivision of a State, plus the cost 
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of transporting the alien from the point of apprehension 
to the place of detention, and to the custody transfer point 
if the place of detention and place of custody are different. 
‘‘(d) SECURE FACILITIES.—The Secretary of Home-
land Security shall ensure that aliens incarcerated pursu-
ant to this title are held in facilities that provide an appro-
priate level of security. 
‘‘(e) TRANSFER.— 
‘‘(1) IN GENERAL.—In carrying out this sec-
tion, the Secretary of Homeland Security shall es-
tablish a regular circuit and schedule for the prompt 
transfer of apprehended aliens from the custody of 
States, and political subdivisions of a State, to Fed-
eral custody. 
‘‘(2) CONTRACTS.—The Secretary may enter 
into contracts, including appropriate private con-
tracts, to implement this subsection.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents of such Act is amended by inserting after the 
item relating to section 240C the following new item: 
‘‘Sec. 240D. Custody of aliens unlawfully present in the United States.’’. 
(b) GAO AUDIT.—Not later than 3 years after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall conduct an audit of compensa-
tion to States, and to political subdivisions of a State, for 
the incarceration of inadmissible or deportable aliens 
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under section 240D(a) of the Immigration and Nationality 
Act (as added by subsection (a)(1)). 
(c) EFFECTIVE DATE.—Section 240D of the Immi-
gration and Nationality Act, as added by subsection (a), 
shall take effect on the date of the enactment of this Act, 
except that subsection (e) of such section shall take effect 
on the date that is 120 day after the date of the enactment 
of this Act. 
SEC. 109. TRAINING OF STATE AND LOCAL LAW ENFORCE-
MENT PERSONNEL RELATING TO THE EN-
FORCEMENT OF IMMIGRATION LAWS. 
(a) ESTABLISHMENT
OF TRAINING MANUAL
AND 
POCKET GUIDE.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall estab-
lish— 
(1) a training manual for law enforcement per-
sonnel of a State, or of a political subdivision of a 
State, to train such personnel in the investigation, 
identification, apprehension, arrest, detention, and 
transfer to Federal custody of inadmissible and de-
portable aliens in the United States (including the 
transportation of such aliens across State lines to 
detention centers and the identification of fraudulent 
documents); and 
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(2) an immigration enforcement pocket guide 
for law enforcement personnel of a State, or of a po-
litical subdivision of a State, to provide a quick ref-
erence for such personnel in the course of duty. 
(b) AVAILABILITY.—The training manual and pocket 
guide established in accordance with subsection (a) shall 
be made available to all State and local law enforcement 
personnel. 
(c) APPLICABILITY.—Nothing in this section shall be 
construed to require State or local law enforcement per-
sonnel to carry the training manual or pocket guide with 
them while on duty. 
(d) COSTS.—The Secretary shall be responsible for 
any costs incurred in establishing the training manual and 
pocket guide. 
(e) TRAINING FLEXIBILITY.— 
(1) IN GENERAL.—The Secretary shall make 
training of State and local law enforcement officers 
available through as many means as possible, includ-
ing through residential training at the Center for 
Domestic Preparedness, onsite training held at State 
or local police agencies or facilities, online training 
courses by computer, teleconferencing, and video-
tape, or the digital video display (DVD) of a train-
ing course or courses. E-learning through a secure, 
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encrypted distributed learning system that has all its 
servers based in the United States, is scalable, sur-
vivable, and can have a portal in place not later than 
30 days after the date of the enactment of this Act, 
shall be made available by the Federal Law Enforce-
ment Training Center Distributed Learning Pro-
gram for State and local law enforcement personnel. 
(2) FEDERAL
PERSONNEL
TRAINING.—The 
training of State and local law enforcement per-
sonnel under this section shall not displace the train-
ing of Federal personnel. 
(3) CLARIFICATION.—Nothing in this title or 
any other provision of law shall be construed as 
making any immigration-related training a require-
ment for, or prerequisite to, any State or local law 
enforcement officer to assist in the enforcement of 
Federal immigration laws. 
(4) PRIORITY.—In carrying out this subsection, 
priority funding shall be given for existing web-based 
immigration enforcement training systems. 
SEC. 110. IMMUNITY. 
Notwithstanding any other provision of law, a law en-
forcement officer of a State or local law enforcement agen-
cy who is acting within the scope of the officer’s official 
duties shall be immune, to the same extent as a Federal 
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law enforcement officer, from personal liability arising out 
of the performance of any duty described in this title, in-
cluding the authorities to investigate, identify, apprehend, 
arrest, detain, or transfer to Federal custody, an alien for 
the purposes of enforcing the immigration laws of the 
United States (as defined in section 101(a)(17) of the Im-
migration and Nationality Act (8 U.S.C. 1101(a)(17)) or 
the immigration laws of a State or a political subdivision 
of a State. 
SEC. 111. CRIMINAL ALIEN IDENTIFICATION PROGRAM. 
(a) CONTINUATION AND EXPANSION.— 
(1) IN GENERAL.—The Secretary shall continue 
to operate and implement a program that— 
(A) identifies removable criminal aliens in 
Federal and State correctional facilities; 
(B) ensures such aliens are not released 
into the community; and 
(C) removes such aliens from the United 
States after the completion of their sentences. 
(2) EXPANSION.—The program shall be ex-
tended to all States. Any State that receives Federal 
funds for the incarceration of criminal aliens (pursu-
ant to the State Criminal Alien Assistance Program 
authorized under section 241(i) of the Immigration 
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and Nationality Act (8 U.S.C. 1231(i)) or other 
similar program) shall— 
(A) cooperate with officials of the program; 
(B) expeditiously and systematically iden-
tify criminal aliens in its prison and jail popu-
lations; and 
(C) promptly convey such information to 
officials of such program as a condition of re-
ceiving such funds. 
(b) AUTHORIZATION FOR DETENTION AFTER COM-
PLETION OF STATE OR LOCAL PRISON SENTENCE.—Law 
enforcement officers of a State, or of a political subdivision 
of a State, are authorized to— 
(1) hold a criminal alien for a period of up to 
14 days after the alien has completed the alien’s 
sentence under State or local law in order to effec-
tuate the transfer of the alien to Federal custody 
when the alien is inadmissible or deportable; or 
(2) issue a detainer that would allow aliens who 
have served a prison sentence under State or local 
law to be detained by the State or local prison or jail 
until the Secretary can take the alien into custody. 
(c) TECHNOLOGY USAGE.—Technology, such as video 
conferencing, shall be used to the maximum extent prac-
ticable in order to make the program available in remote 
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locations. Mobile access to Federal databases of aliens and 
live scan technology shall be used to the maximum extent 
practicable in order to make these resources available to 
State and local law enforcement agencies in remote loca-
tions. 
(d) EFFECTIVE DATE.—This section shall take effect 
of the date of the enactment of this Act, except that sub-
section (a)(2) shall take effect on the date that is 180 days 
after such date. 
SEC. 112. CLARIFICATION OF CONGRESSIONAL INTENT. 
Section 287(g) of the Immigration and Nationality 
Act (8 U.S.C. 1357(g)) is amended— 
(1) in paragraph (1) by striking ‘‘may enter’’ 
and all that follows through the period at the end 
and inserting the following: ‘‘shall enter into a writ-
ten agreement with a State, or any political subdivi-
sion of a State, upon request of the State or political 
subdivision, pursuant to which an officer or em-
ployee of the State or subdivision, who is determined 
by the Secretary to be qualified to perform a func-
tion of an immigration officer in relation to the in-
vestigation, apprehension, or detention of aliens in 
the United States (including the transportation of 
such aliens across State lines to detention centers), 
may carry out such function at the expense of the 
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State or political subdivision and to extent consistent 
with State and local law. No request from a bona 
fide State or political subdivision or bona fide law 
enforcement agency shall be denied absent good 
cause. No limit on the number of agreements under 
this subsection may be imposed. The Secretary shall 
process requests for such agreements with all due 
haste, and in no case shall take not more than 90 
days from the date the request is made until the 
agreement is consummated.’’; 
(2) by redesignating paragraph (2) as para-
graph (5) and paragraphs (3) through (10) as para-
graphs (7) through (14), respectively; 
(3) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) An agreement under this subsection shall accom-
modate a requesting State or political subdivision with re-
spect to the enforcement model or combination of models, 
and shall accommodate a patrol model, task force model, 
jail model, any combination thereof, or any other reason-
able model the State or political subdivision believes is best 
suited to the immigration enforcement needs of its juris-
diction. 
‘‘(3) No Federal program or technology directed 
broadly at identifying inadmissible or deportable aliens 
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shall substitute for such agreements, including those es-
tablishing a jail model, and shall operate in addition to 
any agreement under this subsection. 
‘‘(4)(A) No agreement under this subsection shall be 
terminated without good cause. 
‘‘(B)(i) The Secretary shall provide a State or polit-
ical subdivision written notice of intent to terminate at 
least 180 days prior to date of intended termination, and 
the notice shall fully explain the grounds for termination, 
along with providing evidence substantiating the Sec-
retary’s allegations. 
‘‘(ii) The State or political subdivision shall have the 
right to a hearing before an administrative law judge and, 
if the ruling is against the State or political subdivision, 
to appeal the ruling to the Federal Circuit Court of Ap-
peals and, if the ruling is against the State or political 
subdivision, to the Supreme Court. 
‘‘(C) The agreement shall remain in full effect during 
the course of any and all legal proceedings.’’; and 
(4) by inserting after paragraph (5) (as redesig-
nated) the following: 
‘‘(6) The Secretary of Homeland Security shall make 
training of State and local law enforcement officers avail-
able through as many means as possible, including 
through residential training at the Center for Domestic 
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Preparedness and the Federal Law Enforcement Training 
Center, onsite training held at State or local police agen-
cies or facilities, online training courses by computer, tele-
conferencing, and videotape, or the digital video display 
(DVD) of a training course or courses. Distance learning 
through a secure, encrypted distributed learning system 
that has all its servers based in the United States, is scal-
able, survivable, and can have a portal in place not later 
than 30 days after the date of the enactment of this Act, 
shall be made available by the COPS Office of the Depart-
ment of Justice and the Federal Law Enforcement Train-
ing Center Distributed Learning Program for State and 
local law enforcement personnel. Preference shall be given 
to private sector-based web-based immigration enforce-
ment training programs for which the Federal Govern-
ment has already provided support to develop.’’. 
SEC. 113. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM 
(SCAAP). 
Section 241(i) of the Immigration and Nationality 
Act (8 U.S.C. 1231(i)) is amended— 
(1) by striking ‘‘Attorney General’’ the first 
place such term appears and inserting ‘‘Secretary of 
Homeland Security’’; 
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(2) by striking ‘‘Attorney General’’ each place 
such term appears thereafter and inserting ‘‘Sec-
retary’’; 
(3) in paragraph (3)(A), by inserting ‘‘charged 
with or’’ before ‘‘convicted’’; and 
(4) by amending paragraph (5) to read as fol-
lows: 
‘‘(5) There are authorized to be appropriated to 
carry out this subsection such sums as may be nec-
essary for fiscal year 2014 and each subsequent fis-
cal year.’’. 
SEC. 114. STATE VIOLATIONS OF ENFORCEMENT OF IMMI-
GRATION LAWS. 
(a) IN GENERAL.—Section 642 of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1373) is amended— 
(1) by striking ‘‘Immigration and Naturaliza-
tion Service’’ in each place it appears and inserting 
‘‘Department of Homeland Security’’; 
(2) in subsection (a), by striking ‘‘may’’ and in-
serting ‘‘shall’’; 
(3) in subsection (b)— 
(A) by striking ‘‘no person or agency may’’ 
and inserting ‘‘a person or agency shall not’’; 
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cers of the State, or of a political subdivision of the 
State, from assisting or cooperating with Federal 
immigration law enforcement in the course of car-
rying out the officers’ routine law enforcement du-
ties shall not be eligible to receive— 
‘‘(A) any of the funds that would otherwise 
be allocated to the State or political subdivision 
under section 241(i) of the Immigration and 
Nationality Act (8 U.S.C. 1231(i)) or the ‘Cops 
on the Beat’ program under part Q of title I of 
the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3796dd et seq.); or 
‘‘(B) any other law enforcement or Depart-
ment of Homeland Security grant. 
‘‘(2) ANNUAL DETERMINATION.—The Secretary 
shall determine annually which State or political 
subdivision of a State are not in compliance with 
section and shall report such determinations to Con-
gress on March 1 of each year. 
‘‘(3) REPORTS.—The Attorney General shall 
issue a report concerning the compliance of any par-
ticular State or political subdivision at the request of 
the House or Senate Judiciary Committee. Any ju-
risdiction that is found to be out of compliance shall 
be ineligible to receive Federal financial assistance 
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as provided in paragraph (1) for a minimum period 
of 1 year, and shall only become eligible again after 
the Attorney General certifies that the jurisdiction is 
in compliance. 
‘‘(4) REALLOCATION.—Any funds that are not 
allocated to a State or to a political subdivision of 
a State, due to the failure of the State, or of the po-
litical subdivision of the State, to comply with sub-
section (c) shall be reallocated to States, or to polit-
ical subdivisions of States, that comply with such 
subsection. 
‘‘(e) CONSTRUCTION.—Nothing in this section shall 
require law enforcement officials from States, or from po-
litical subdivisions of States, to report or arrest victims 
or witnesses of a criminal offense.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act, except that subsection (d) of section 642 of 
the Illegal Immigration Reform and Immigrant Responsi-
bility Act of 1996 (8 U.S.C. 1373), as added by this sec-
tion, shall take effect beginning one year after the date 
of the enactment of this Act. 
SEC. 115. CLARIFYING THE AUTHORITY OF ICE DETAINERS. 
Except as otherwise provided by Federal law or rule 
of procedure, the Secretary of Homeland Security shall 
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execute all lawful writs, process, and orders issued under 
the authority of the United States, and shall command 
all necessary assistance to execute the Secretary’s duties. 
TITLE II—NATIONAL SECURITY 
SEC. 201. REMOVAL OF, AND DENIAL OF BENEFITS TO, TER-
RORIST ALIENS. 
(a) ASYLUM.—Section 208(b)(2)(A) of the Immigra-
tion and Nationality Act (8 U.S.C. 1158(b)(2)(A)) is 
amended— 
(1) by inserting ‘‘or the Secretary of Homeland 
Security’’ after ‘‘if the Attorney General’’; and 
(2) by amending clause (v) to read as follows: 
‘‘(v) the alien is described in subpara-
graph (B)(i) or (F) of section 212(a)(3), 
unless, in the case of an alien described in 
subparagraph (IV), (V), or (IX) of section 
212(a)(3)(B)(i), the Secretary of Home-
land Security or the Attorney General de-
termines, in the discretion of the Secretary 
or the Attorney General, that there are not 
reasonable grounds for regarding the alien 
as a danger to the security of the United 
States; or’’. 
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(b) 
CANCELLATION
OF
REMOVAL.—Section 
240A(c)(4) of such Act (8 U.S.C. 1229b(c)(4)) is amend-
ed— 
(1) by striking ‘‘inadmissible under’’ and insert-
ing ‘‘described in’’; and 
(2) by striking ‘‘deportable under’’ and insert-
ing ‘‘described in’’. 
(c) 
VOLUNTARY
DEPARTURE.—Section 
240B(b)(1)(C) of such Act (8 U.S.C. 1229c(b)(1)(C)) is 
amended 
by 
striking 
‘‘deportable 
under 
section 
237(a)(2)(A)(iii) or section 237(a)(4);’’ and inserting ‘‘de-
scribed in paragraph (2)(A)(iii) or (4) of section 237(a);’’. 
(d) 
RESTRICTION
ON
REMOVAL.—Section 
241(b)(3)(B) of such Act (8 U.S.C. 1231(b)(3)(B)) is 
amended— 
(1) by inserting ‘‘or the Secretary of Homeland 
Security’’ after ‘‘Attorney General’’ wherever that 
term appears; 
(2) in clause (iii), by striking ‘‘or’’ at the end; 
(3) in clause (iv), by striking the period at the 
end and inserting ‘‘; or’’; 
(4) by inserting after clause (iv) the following: 
‘‘(v) the alien is described in subpara-
graph (B)(i) or (F) of section 212(a)(3), 
unless, in the case of an alien described in 
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subparagraph (IV), (V), or (IX) of section 
212(a)(3)(B)(i), the Secretary of Home-
land Security or the Attorney General de-
termines, in discretion of the Secretary or 
the Attorney General, that there are not 
reasonable grounds for regarding the alien 
as a danger to the security of the United 
States.’’; and 
(5) by striking the final sentence. 
(e) RECORD OF ADMISSION.— 
(1) IN GENERAL.—Section 249 of such Act (8 
U.S.C. 1259) is amended to read as follows: 
‘‘RECORD OF ADMISSION FOR PERMANENT RESIDENCE IN 
THE CASE OF CERTAIN ALIENS WHO ENTERED THE 
UNITED STATES PRIOR TO JANUARY 1, 1972 
‘‘SEC. 249. The Secretary of Homeland Security, in 
the discretion of the Secretary and under such regulations 
as the Secretary may prescribe, may enter a record of law-
ful admission for permanent residence in the case of any 
alien, if no such record is otherwise available and the 
alien— 
‘‘(1) entered the United States before January 
1, 1972; 
‘‘(2) has continuously resided in the United 
States since such entry; 
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‘‘(3) has been a person of good moral character 
since such entry; 
‘‘(4) is not ineligible for citizenship; 
‘‘(5) is not described in paragraph (1)(A)(iv), 
(2), (3), (6)(C), (6)(E), or (8) of section 212(a); and 
‘‘(6) did not, at any time, without reasonable 
cause fail or refuse to attend or remain in attend-
ance at a proceeding to determine the alien’s inad-
missibility or deportability. 
Such recordation shall be effective as of the date of ap-
proval of the application or as of the date of entry if such 
entry occurred prior to July 1, 1924.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents for such Act is amended by amending the item 
relating to section 249 to read as follows: 
‘‘Sec. 249. Record of admission for permanent residence in the case of certain 
aliens who entered the United States prior to January 1, 
1972.’’. 
(f) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of enactment of 
this Act and sections 208(b)(2)(A), 212(a), 240A, 240B, 
241(b)(3), and 249 of the Immigration and Nationality 
Act, as so amended, shall apply to— 
(1) all aliens in removal, deportation, or exclu-
sion proceedings; 
(2) all applications pending on, or filed after, 
the date of the enactment of this Act; and 
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(3) with respect to aliens and applications de-
scribed in paragraph (1) or (2) of this subsection, 
acts and conditions constituting a ground for exclu-
sion, deportation, or removal occurring or existing 
before, on, or after the date of the enactment of this 
Act. 
SEC. 202. TERRORIST BAR TO GOOD MORAL CHARACTER. 
(a) DEFINITION OF GOOD MORAL CHARACTER.— 
Section 101(f) of the Immigration and Nationality Act (8 
U.S.C. 1101(f)) is amended— 
(1) by redesignating paragraphs (1) through 
(9) as paragraphs (2) through (10), respectively; 
(2) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) one who the Secretary of Homeland Secu-
rity or Attorney General determines to have been at 
any time an alien described in section 212(a)(3) or 
237(a)(4), which determination may be based upon 
any relevant information or evidence, including clas-
sified, sensitive, or national security information;’’; 
(3) in paragraph (9) (as redesignated), by in-
serting ‘‘, regardless whether the crime was classi-
fied as an aggravated felony at the time of convic-
tion, except that the Secretary of Homeland Security 
or Attorney General may, in the unreviewable discre-
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tion of the Secretary or Attorney General, determine 
that this paragraph shall not apply in the case of a 
single aggravated felony conviction (other than mur-
der, manslaughter, homicide, rape, or any sex of-
fense when the victim of such sex offense was a 
minor) for which completion of the term of imprison-
ment or the sentence (whichever is later) occurred 
10 or more years prior to the date of application’’ 
after ‘‘(as defined in subsection (a)(43))’’; and 
(4) by striking the first sentence the follows 
paragraph (10) (as redesignated) and inserting fol-
lowing: ‘‘The fact that any person is not within any 
of the foregoing classes shall not preclude a discre-
tionary finding for other reasons that such a person 
is or was not of good moral character. The Secretary 
or the Attorney General shall not be limited to the 
applicant’s conduct during the period for which good 
moral character is required, but may take into con-
sideration as a basis for determination the appli-
cant’s conduct and acts at any time.’’ 
(b) AGGRAVATED FELONS.—Section 509(b) of the 
Immigration Act of 1990 (8 U.S.C. 1101 note) is amended 
to read as follows: 
‘‘(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on November 29, 1990, 
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and shall apply to convictions occurring before, on or after 
such date.’’. 
(c) TECHNICAL CORRECTION TO THE INTELLIGENCE 
REFORM ACT.—Section 5504(2) of the Intelligence Re-
form and Terrorism Prevention Act of 2004 (Public Law 
108–458) is amended by striking ‘‘adding at the end’’ and 
inserting ‘‘inserting after paragraph (8)’’. 
(d) EFFECTIVE DATE.—The amendments made by 
subsections (a) and (b) shall take effect on the date of 
enactment of this Act, shall apply to any act that occurred 
before, on, or after such date and shall apply to any appli-
cation for naturalization or any other benefit or relief, or 
any other case or matter under the immigration laws 
pending on or filed after such date. The amendments 
made by subsection (c) shall take effect as if enacted in 
the Intelligence Reform and Terrorism Prevention Act of 
2004 (Public Law 108–458). 
SEC. 203. TERRORIST BAR TO NATURALIZATION. 
(a) NATURALIZATION OF PERSONS ENDANGERING 
THE NATIONAL SECURITY.—Section 316 of the Immigra-
tion and Nationality Act (8 U.S.C. 1426) is amended by 
adding at the end the following: 
‘‘(g) PERSONS ENDANGERING THE NATIONAL SECU-
RITY.—No person shall be naturalized who the Secretary 
of Homeland Security determines to have been at any time 
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an alien described in section 212(a)(3) or 237(a)(4). Such 
determination may be based upon any relevant informa-
tion or evidence, including classified, sensitive, or national 
security information.’’. 
(b) CONCURRENT NATURALIZATION AND REMOVAL 
PROCEEDINGS.—Section 318 of the Immigration and Na-
tionality Act (8 U.S.C. 1429) is amended by striking 
‘‘other Act;’’ and inserting ‘‘other Act; and no application 
for naturalization shall be considered by the Secretary of 
Homeland Security or any court if there is pending 
against the applicant any removal proceeding or other pro-
ceeding to determine the applicant’s inadmissibility or de-
portability, or to determine whether the applicant’s lawful 
permanent resident status should be rescinded, regardless 
of when such proceeding was commenced: Provided, That 
the findings of the Attorney General in terminating re-
moval proceedings or in canceling the removal of an alien 
pursuant to the provisions of this Act, shall not be deemed 
binding in any way upon the Secretary of Homeland Secu-
rity with respect to the question of whether such person 
has established his eligibility for naturalization as required 
by this title;’’. 
(c) PENDING
DENATURALIZATION
OR
REMOVAL 
PROCEEDINGS.—Section 204(b) of the Immigration and 
Nationality Act (8 U.S.C. 1154(b)) is amended by adding 
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at the end the following: ‘‘No petition shall be approved 
pursuant to this section if there is any administrative or 
judicial proceeding (whether civil or criminal) pending 
against the petitioner that could (whether directly or indi-
rectly) result in the petitioner’s denaturalization or the 
loss of the petitioner’s lawful permanent resident status.’’. 
(d) CONDITIONAL PERMANENT RESIDENTS.—Sec-
tions 216(e) and section 216A(e) of the Immigration and 
Nationality Act (8 U.S.C. 1186a(e) and 1186b(e)) are 
each amended by striking the period at the end and insert-
ing ‘‘, if the alien has had the conditional basis removed 
pursuant to this section.’’. 
(e) DISTRICT
COURT
JURISDICTION.—Subsection 
336(b) of the Immigration and Nationality Act, 8 U.S.C. 
1447(b), is amended to read as follows: 
‘‘(b) If there is a failure to render a final administra-
tive decision under section 335 before the end of the 180- 
day period after the date on which the Secretary of Home-
land Security completes all examinations and interviews 
conducted under such section, as such terms are defined 
by the Secretary of Homeland Security pursuant to regu-
lations, the applicant may apply to the district court for 
the district in which the applicant resides for a hearing 
on the matter. Such court shall only have jurisdiction to 
review the basis for delay and remand the matter to the 
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Secretary of Homeland Security for the Secretary’s deter-
mination on the application.’’. 
(f) CONFORMING AMENDMENT.—Section 310(c) of 
the Immigration and Nationality Act (8 U.S.C. 1421(c)) 
is amended— 
(1) by inserting ‘‘, not later than the date that 
is 120 days after the Secretary of Homeland Secu-
rity’s final determination,’’ after ‘‘seek’’; and 
(2) by striking the second sentence and insert-
ing the following: ‘‘The burden shall be upon the pe-
titioner to show that the Secretary’s denial of the 
application was not supported by facially legitimate 
and bona fide reasons. Except in a proceeding under 
section 340, notwithstanding any other provision of 
law (statutory or nonstatutory), including section 
2241 of title 28, United States Code, or any other 
habeas corpus provision, and sections 1361 and 
1651 of such title, no court shall have jurisdiction 
to determine, or to review a determination of the 
Secretary made at any time regarding, whether, for 
purposes of an application for naturalization, an 
alien is a person of good moral character, whether 
the alien understands and is attached to the prin-
ciples of the Constitution of the United States, or 
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whether an alien is well disposed to the good order 
and happiness of the United States.’’. 
(g) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of enactment of 
this Act, shall apply to any act that occurred before, on, 
or after such date, and shall apply to any application for 
naturalization or any other case or matter under the immi-
gration laws pending on, or filed after, such date. 
SEC. 204. DENATURALIZATION FOR TERRORISTS. 
(a) IN GENERAL.—Section 340 of the Immigration 
and Nationality Act is amended— 
(1) by redesignating subsections (f) through (h) 
as subsections (g) through (i), respectively; and 
(2) by inserting after subsection (e) the fol-
lowing: 
‘‘(f)(1) If a person who has been naturalized partici-
pates in any act described in paragraph (2), the Attorney 
General is authorized to find that, as of the date of such 
naturalization, such person was not attached to the prin-
ciples of the Constitution of the United States and was 
not well disposed to the good order and happiness of the 
United States at the time of naturalization, and upon such 
finding shall set aside the order admitting such person to 
citizenship and cancel the certificate of naturalization as 
having been obtained by concealment of a material fact 
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or by willful misrepresentation, and such revocation and 
setting aside of the order admitting such person to citizen-
ship and such canceling of certificate of naturalization 
shall be effective as of the original date of the order and 
certificate, respectively. 
‘‘(2) The acts described in this paragraph are the fol-
lowing: 
‘‘(A) Any activity a purpose of which is the op-
position to, or the control or overthrow of, the Gov-
ernment of the United States by force, violence, or 
other unlawful means. 
‘‘(B) Engaging in a terrorist activity (as de-
fined 
in 
clauses 
(iii) 
and 
(iv) 
of 
section 
212(a)(3)(B)). 
‘‘(C) Incitement of terrorist activity under cir-
cumstances indicating an intention to cause death or 
serious bodily harm. 
‘‘(D) Receiving military-type training (as de-
fined in section 2339D(c)(1) of title 18, United 
States Code) from or on behalf of any organization 
that, at the time the training was received, was a 
terrorist 
organization 
(as 
defined 
in 
section 
212(a)(3)(B)(vi)).’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the date of the enact-
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ment of this Act and shall apply to acts that occur on 
or after such date. 
SEC. 205. USE OF 1986 IRCA LEGALIZATION INFORMATION 
FOR NATIONAL SECURITY PURPOSES. 
(a) SPECIAL
AGRICULTURAL
WORKERS.—Section 
210(b)(6) of the Immigration and Nationality Act (8 
U.S.C. 1160(b)(6)) is amended— 
(1) by striking ‘‘Attorney General’’ each place 
such term appears and inserting ‘‘Secretary of 
Homeland Security’’; 
(2) in subparagraph (A), by striking ‘‘Depart-
ment of Justice,’’ and inserting ‘‘Department of 
Homeland Security,’’; 
(3) by redesignating subparagraphs (C) and 
(D) as subparagraphs (D) and (E), respectively; 
(4) by inserting after subparagraph (B) the fol-
lowing: 
‘‘(C) AUTHORIZED DISCLOSURES.— 
‘‘(i) CENSUS
PURPOSE.—The Sec-
retary of Homeland Security may provide, 
in his discretion, for the furnishing of in-
formation furnished under this section in 
the same manner and circumstances as 
census information may be disclosed under 
section 8 of title 13, United States Code. 
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‘‘(ii) 
NATIONAL
SECURITY
PUR-
POSE.—The Secretary of Homeland Secu-
rity may provide, in his discretion, for the 
furnishing, use, publication, or release of 
information furnished under this section in 
any investigation, case, or matter, or for 
any purpose, relating to terrorism, national 
intelligence or the national security.’’; and 
(5) in subparagraph (D), as redesignated, by 
striking ‘‘Service’’ and inserting ‘‘Department of 
Homeland Security’’. 
(b) ADJUSTMENT OF STATUS UNDER THE IMMIGRA-
TION REFORM AND CONTROL ACT OF 1986.—Section 
245A(c)(5) of the Immigration and Nationality Act (8 
U.S.C. 1255a(c)(5)), is amended— 
(1) by striking ‘‘Attorney General’’ each place 
such term appears and inserting ‘‘Secretary of 
Homeland Security’’; 
(2) in subparagraph (A), by striking ‘‘Depart-
ment of Justice,’’ and inserting ‘‘Department of 
Homeland Security,’’; 
(3) by amending subparagraph (C) to read as 
follows: 
‘‘(C) AUTHORIZED DISCLOSURES.— 
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‘‘(i) CENSUS
PURPOSE.—The Sec-
retary of Homeland Security may provide, 
in his discretion, for the furnishing of in-
formation furnished under this section in 
the same manner and circumstances as 
census information may be disclosed under 
section 8 of title 13, United States Code. 
‘‘(ii) 
NATIONAL
SECURITY
PUR-
POSE.—The Secretary of Homeland Secu-
rity may provide, in his discretion, for the 
furnishing, use, publication, or release of 
information furnished under this section in 
any investigation, case, or matter, or for 
any purpose, relating to terrorism, national 
intelligence or the national security.’’; and 
(4) in subparagraph (D), striking ‘‘Service’’ 
and inserting ‘‘Department of Homeland Security’’. 
SEC. 206. BACKGROUND AND SECURITY CHECKS. 
(a) REQUIREMENT TO COMPLETE BACKGROUND AND 
SECURITY CHECKS.—Section 103 of the Immigration and 
Nationality Act (8 U.S.C. 1103) is amended by adding 
at the end the following: 
‘‘(h) Notwithstanding any other provision of law 
(statutory or nonstatutory), including but not limited to 
section 309 of Public Law 107–173, sections 1361 and 
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1651 of title 28, United States Code, and section 706(1) 
of title 5, United States Code, neither the Secretary of 
Homeland Security, the Attorney General, nor any court 
may— 
‘‘(1) grant, or order the grant of or adjudica-
tion of an application for adjustment of status to 
that of an alien lawfully admitted for permanent res-
idence; 
‘‘(2) grant, or order the grant of or adjudica-
tion of an application for United States citizenship 
or any other status, relief, protection from removal, 
employment authorization, or other benefit under 
the immigration laws; 
‘‘(3) grant, or order the grant of or adjudica-
tion of, any immigrant or nonimmigrant petition; or 
‘‘(4) issue or order the issuance of any docu-
mentation evidencing or related to any such grant, 
until such background and security checks as the 
Secretary may in his discretion require have been 
completed or updated to the satisfaction of the Sec-
retary. 
‘‘(i) Notwithstanding any other provision of law (stat-
utory or nonstatutory), including but not limited to section 
309 of Public Law 107–173, sections 1361 and 1651 of 
title 28, United States Code, and section 706(1) of title 
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5, United States Code, neither the Secretary of Homeland 
Security nor the Attorney General may be required to— 
‘‘(1) grant, or order the grant of or adjudica-
tion of an application for adjustment of status to 
that of an alien lawfully admitted for permanent res-
idence, 
‘‘(2) grant, or order the grant of or adjudica-
tion of an application for United States citizenship 
or any other status, relief, protection from removal, 
employment authorization, or other benefit under 
the immigration laws, 
‘‘(3) grant, or order the grant of or adjudica-
tion of, any immigrant or nonimmigrant petition, or 
‘‘(4) issue or order the issuance of any docu-
mentation evidencing or related to any such grant, 
until any suspected or alleged materially false infor-
mation, material misrepresentation or omission, con-
cealment of a material fact, fraud or forgery, coun-
terfeiting, or alteration, or falsification of a docu-
ment, as determined by the Secretary, relating to 
the adjudication of an application or petition for any 
status (including the granting of adjustment of sta-
tus), relief, protection from removal, or other benefit 
under this subsection has been investigated and re-
solved to the Secretary’s satisfaction. 
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‘‘(j) Notwithstanding any other provision of law (stat-
utory or nonstatutory), including section 309 of the En-
hanced Border Security and Visa Entry Reform Act (8 
U.S.C. 1738), sections 1361 and 1651 of title 28, United 
States Code, and section 706(1) of title 5, United States 
Code, no court shall have jurisdiction to require any of 
the acts in subsection (h) or (i) to be completed by a cer-
tain time or award any relief for failure to complete or 
delay in completing such acts.’’. 
(b) CONSTRUCTION.— 
(1) IN GENERAL.—Chapter 4 of title III of the 
Immigration and Nationality Act (8 U.S.C. 1501 et 
seq.) is amended by adding at the end the following: 
‘‘CONSTRUCTION 
‘‘SEC. 362. (a) IN GENERAL.—Nothing in this Act 
or any other law, except as provided in subsection (d), 
shall be construed to require the Secretary of Homeland 
Security, the Attorney General, the Secretary of State, the 
Secretary of Labor, or a consular officer to grant any ap-
plication, approve any petition, or grant or continue any 
relief, protection from removal, employment authorization, 
or any other status or benefit under the immigration laws 
by, to, or on behalf of— 
‘‘(1) any alien deemed by the Secretary to be 
described in section 212(a)(3) or section 237(a)(4); 
or 
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‘‘(2) any alien with respect to whom a criminal 
or other proceeding or investigation is open or pend-
ing (including, but not limited to, issuance of an ar-
rest warrant, detainer, or indictment), where such 
proceeding or investigation is deemed by the official 
described in subsection (a) to be material to the 
alien’s eligibility for the status or benefit sought. 
‘‘(b) DENIAL
OR
WITHHOLDING
OF
ADJUDICA-
TION.—An official described in subsection (a) may, in the 
discretion of the official, deny (with respect to an alien 
described in paragraph (1) or (2) of subsection (a)) or 
withhold adjudication of pending resolution of the inves-
tigation or case (with respect to an alien described in sub-
section (a)(2) of this section) any application, petition, re-
lief, protection from removal, employment authorization, 
status or benefit. 
‘‘(c) JURISDICTION.—Notwithstanding any other pro-
vision of law (statutory or nonstatutory), including section 
309 of the Enhanced Border Security and Visa Entry Re-
form Act (8 U.S.C. 1738), sections 1361 and 1651 of title 
28, United States Code, and section 706(1) of title 5, 
United States Code, no court shall have jurisdiction to re-
view a decision to deny or withhold adjudication pursuant 
to subsection (b) of this section. 
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‘‘(d) WITHHOLDING
OF REMOVAL
AND TORTURE 
CONVENTION.—This section does not limit or modify the 
applicability of section 241(b)(3) or the United Nations 
Convention Against Torture and Other Cruel, Inhuman or 
Degrading Treatment or Punishment, subject to any res-
ervations, understandings, declarations and provisos con-
tained in the United States Senate resolution of ratifica-
tion of the Convention, as implemented by section 2242 
of the Foreign Affairs Reform and Restructuring Act of 
1998 (Public Law 105–277) with respect to an alien oth-
erwise eligible for protection under such provisions.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents for such Act is amended by inserting after the 
item relating to section 361 the following: 
‘‘362. Construction.’’. 
(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 applications for immigration 
benefits pending on or after such date. 
SEC. 207. TECHNICAL AMENDMENTS RELATING TO THE IN-
TELLIGENCE REFORM AND TERRORISM PRE-
VENTION ACT OF 2004. 
(a) TRANSIT WITHOUT VISA PROGRAM.—Section 
7209(d) of the Intelligence Reform and Terrorism Preven-
tion Act of 2004 (8 U.S.C. 1185 note) is amended by 
striking ‘‘the Secretary, in conjunction with the Secretary 
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PWALKER on DSK7TPTVN1PROD with BILLS
of Homeland Security,’’ and inserting ‘‘the Secretary of 
Homeland Security, in consultation with the Secretary of 
State,’’. 
(b) TECHNOLOGY ACQUISITION AND DISSEMINATION 
PLAN.—Section 7201(c)(1) of such Act is amended by in-
serting ‘‘and the Department of State’’ after ‘‘used by the 
Department of Homeland Security’’. 
TITLE III—REMOVAL OF 
CRIMINAL ALIENS 
SEC. 301. DEFINITION OF AGGRAVATED FELONY AND CON-
VICTION. 
(a) DEFINITION OF AGGRAVATED FELONY.—Section 
101(a)(43) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(43)) is amended— 
(1) by striking ‘‘The term ‘aggravated felony’ 
means—’’ and inserting ‘‘Notwithstanding any other 
provision of law, the term ‘aggravated felony’ applies 
to an offense described in this paragraph, whether in 
violation of Federal or State law, or in violation of 
the law of a foreign country for which the term of 
imprisonment was completed within the previous 15 
years, even if the length of the term of imprisonment 
for the offense is based on recidivist or other en-
hancements and regardless of whether the conviction 
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was entered before, on, or after September 30, 1996, 
and means—’’; 
(2) in subparagraph (A), by striking ‘‘murder, 
rape, or sexual abuse of a minor;’’ and inserting 
‘‘murder, manslaughter, homicide, rape (whether the 
victim was conscious or unconscious), or any offense 
of a sexual nature involving a victim under the age 
of 18 years;’’; 
(3) in subparagraph (I), by striking ‘‘or 2252’’ 
and inserting ‘‘2252, or 2252A’’. 
(4) in subparagraph (F), by striking ‘‘at least 
one year;’’ and inserting ‘‘is at least one year, except 
that if the conviction records do not conclusively es-
tablish whether a crime constitutes a crime of vio-
lence, the Attorney General may consider other evi-
dence related to the conviction that clearly estab-
lishes that the conduct for which the alien was en-
gaged constitutes a crime of violence;’’ 
(5) in subparagraph (N), by striking paragraph 
‘‘(1)(A) or (2) of’’; 
(6) in subparagraph (O), by striking ‘‘section 
275(a) or 276 committed by an alien who was pre-
viously deported on the basis of a conviction for an 
offense described in another subparagraph of this 
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PWALKER on DSK7TPTVN1PROD with BILLS
paragraph’’ and inserting ‘‘section 275 or 276 for 
which the term of imprisonment is at least 1 year’’; 
(7) in subparagraph (U), by striking ‘‘an at-
tempt or conspiracy to commit an offense described 
in this paragraph’’ and inserting ‘‘attempting or 
conspiring to commit an offense described in this 
paragraph, or aiding, abetting, counseling, pro-
curing, commanding, inducing, or soliciting the com-
mission of such an offense.’’; and 
(8) by striking the undesignated matter fol-
lowing subparagraph (U). 
(b) 
DEFINITION
OF
CONVICTION.—Section 
101(a)(48) of such Act (8 U.S.C. 1101(a)(48)) is amend-
ed by adding at the end the following: 
‘‘(C) Any reversal, vacatur, expungement, or modi-
fication to a conviction, sentence, or conviction record that 
was granted to ameliorate the consequences of the convic-
tion, sentence, or conviction record, or was granted for re-
habilitative purposes, or for failure to advise the alien of 
the immigration consequences of a guilty plea or a deter-
mination of guilt, shall have no effect on the immigration 
consequences resulting from the original conviction. The 
alien shall have the burden of demonstrating that any re-
versal, vacatur, expungement, or modification was not 
granted to ameliorate the consequences of the conviction, 
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sentence, or conviction record, for rehabilitative purposes, 
or for failure to advise the alien of the immigration con-
sequences of a guilty plea or a determination of guilt, ex-
cept where the alien establishes a pardon consistent with 
section 237(a)(2)(A)(vi).’’. 
(c) EFFECTIVE DATE; APPLICATION
OF AMEND-
MENTS.— 
(1) IN GENERAL.—The amendments made by 
subsection (a)— 
(A) shall take effect on the date of the en-
actment of this Act; and 
(B) shall apply to any act or conviction 
that occurred before, on, or after such date. 
(2) APPLICATION
OF
IIRIRA
AMENDMENTS.— 
The amendments to section 101(a)(43) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(43)) 
made by section 321 of the Illegal Immigration Re-
form and Immigrant Responsibility Act of 1996 (di-
vision C of Public Law 104-208; 110 Stat. 3009- 
627) shall continue to apply, whether the conviction 
was entered before, on, or after September 30, 1996. 
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SEC. 302. PRECLUDING ADMISSIBILITY OF ALIENS CON-
VICTED 
OF 
AGGRAVATED 
FELONIES 
OR 
OTHER SERIOUS OFFENSES. 
(a) INADMISSIBILITY ON CRIMINAL AND RELATED 
GROUNDS; WAIVERS.—Section 212 of the Immigration 
and Nationality Act (8 U.S.C. 1182) is amended— 
(1) in subparagraph (a)(2)(A)(i)— 
(A) in subclause (I), by striking ‘‘or’’ at 
the end; 
(B) in subclause (II), by adding ‘‘or’’ at 
the end; and 
(C) by inserting after subclause (II) the 
following: 
‘‘(III) a violation of (or a con-
spiracy or attempt to violate) an of-
fense described in section 408 of title 
42, United States Code (relating to 
social security account numbers or so-
cial security cards) or section 1028 of 
title 18, United States Code (relating 
to fraud and related activity in con-
nection with identification documents, 
authentication features, and informa-
tion);’’. 
(2) by adding at the end of subsection (a)(2) 
the following: 
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‘‘(J) PROCUREMENT OF CITIZENSHIP OR 
NATURALIZATION
UNLAWFULLY.—Any 
alien 
convicted of, or who admits having committed, 
or who admits committing acts which constitute 
the essential elements of, a violation of, or an 
attempt or a conspiracy to violate, subsection 
(a) or (b) of section 1425 of title 18, United 
States Code (relating to the procurement of 
citizenship or naturalization unlawfully) is inad-
missible. 
‘‘(K) CERTAIN FIREARM OFFENSES.—Any 
alien who at any time has been convicted under 
any law of, or who admits having committed or 
admits committing acts which constitute the es-
sential elements of, purchasing, selling, offering 
for sale, exchanging, using, owning, possessing, 
or carrying, or of attempting or conspiring to 
purchase, sell, offer for sale, exchange, use, 
own, possess, or carry, any weapon, part, or ac-
cessory which is a firearm or destructive device 
(as defined in section 921(a) of title 18, United 
States Code) in violation of any law is inadmis-
sible. 
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‘‘(L) AGGRAVATED
FELONS.—Any alien 
who has been convicted of an aggravated felony 
at any time is inadmissible. 
‘‘(M) CRIMES
OF
DOMESTIC
VIOLENCE, 
STALKING, OR VIOLATION OF PROTECTION OR-
DERS, CRIMES AGAINST CHILDREN.— 
‘‘(i) DOMESTIC VIOLENCE, STALKING, 
AND CHILD ABUSE.—Any alien who at any 
time is convicted of, or who admits having 
committed or admits committing acts 
which constitute the essential elements of, 
a crime of domestic violence, a crime of 
stalking, or a crime of child abuse, child 
neglect, or child abandonment is inadmis-
sible. For purposes of this clause, the term 
‘crime of domestic violence’ means any 
crime of violence (as defined in section 16 
of title 18, United States Code) against a 
person committed by a current or former 
spouse of the person, by an individual with 
whom the person shares a child in com-
mon, by an individual who is cohabiting 
with or has cohabited with the person as a 
spouse, by an individual similarly situated 
to a spouse of the person under the domes-
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tic or family violence laws of the jurisdic-
tion where the offense occurs, or by any 
other individual against a person who is 
protected from that individual’s acts under 
the domestic or family violence laws of the 
United States or any State, Indian tribal 
government, or unit of local or foreign gov-
ernment. 
‘‘(ii) VIOLATORS OF PROTECTION OR-
DERS.—Any alien who at any time is en-
joined under a protection order issued by 
a court and whom the court determines 
has engaged in conduct that violates the 
portion of a protection order that involves 
protection against credible threats of vio-
lence, repeated harassment, or bodily in-
jury to the person or persons for whom the 
protection order was issued is inadmissible. 
For purposes of this clause, the term ‘pro-
tection order’ means any injunction issued 
for the purpose of preventing violent or 
threatening acts of domestic violence, in-
cluding temporary or final orders issued by 
civil or criminal courts (other than support 
or child custody orders or provisions) 
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whether obtained by filing an independent 
action or as a independent order in an-
other proceeding. 
‘‘(iii) 
WAIVER
AUTHORIZED.—The 
waiver authority available under section 
237(a)(7) 
with 
respect 
to 
section 
237(a)(2)(E)(i) shall be available on a 
comparable basis with respect to this sub-
paragraph. 
‘‘(iv) CLARIFICATION.—If the convic-
tion records do not conclusively establish 
whether a crime of domestic violence con-
stitutes a crime of violence (as defined in 
section 16 of title 18, United States Code), 
the Attorney General may consider other 
evidence related to the conviction that 
clearly establishes that the conduct for 
which the alien was engaged constitutes a 
crime of violence.’’; and 
(3) in subsection (h)— 
(A) by striking ‘‘The Attorney General 
may, in his discretion, waive the application of 
subparagraphs (A)(i)(I), (B), (D), and (E) of 
subsection (a)(2)’’ and inserting ‘‘The Attorney 
General or the Secretary of Homeland Security 
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may, in the discretion of the Attorney General 
or the Secretary, waive the application of sub-
paragraphs (A)(i)(I), (III), (B), (D), (E), (K), 
and (M) of subsection (a)(2)’’; 
(B) by striking ‘‘a criminal act involving 
torture.’’ and inserting ‘‘a criminal act involving 
torture, or has been convicted of an aggravated 
felony.’’; 
(C) by striking ‘‘if either since the date of 
such admission the alien has been convicted of 
an aggravated felony or the alien’’ and inserting 
‘‘if since the date of such admission the alien’’; 
and 
(D) by inserting ‘‘or Secretary of Home-
land Security’’ after ‘‘the Attorney General’’ 
wherever that phrase appears. 
(b) DEPORTABILITY; CRIMINAL OFFENSES.—Section 
237(a)(3)(B) of the Immigration and Nationality Act (8 
U.S.C. 1227(a)(3)(B)) is amended— 
(1) in clause (ii), by striking ‘‘or’’ at the end; 
(2) in clause (iii), by inserting ‘‘or’’ at the end; 
and 
(3) by inserting after clause (iii) the following: 
‘‘(iv) of a violation of, or an attempt 
or a conspiracy to violate, section 1425(a) 
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or (b) of Title 18 (relating to the procure-
ment of citizenship or naturalization un-
lawfully),’’. 
(c) DEPORTABILITY; CRIMINAL OFFENSES.—Section 
237(a)(2) of the Immigration and Nationality Act (8 
U.S.C. 1227(a)(2)) is amended by adding at the end the 
following: 
‘‘(G) Any alien who at any time after ad-
mission has been convicted of a violation of (or 
a conspiracy or attempt to violate) section 408 
of title 42, United States Code (relating to so-
cial security account numbers or social security 
cards) or section 1028 of title 18, United States 
Code (relating to fraud and related activity in 
connection with identification) is deportable.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply— 
(1) to any act that occurred before, on, or after 
the date of the enactment of this Act; and 
(2) to all aliens who are required to establish 
admissibility on or after such date, and in all re-
moval, deportation, or exclusion proceedings that are 
filed, pending, or reopened, on or after such date. 
(e) CONSTRUCTION.—The amendments made by sub-
section (a) shall not be construed to create eligibility for 
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relief from removal under former section 212(c) of the Im-
migration and Nationality Act where such eligibility did 
not exist before these amendments became effective. 
SEC. 303. ESPIONAGE CLARIFICATION. 
Section 212(a)(3)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(a)(3)(A)), is amended to read 
as follows: 
‘‘(A) Any alien who a consular officer, the 
Attorney General, or the Secretary of Home-
land Security knows, or has reasonable ground 
to believe, seeks to enter the United States to 
engage solely, principally, or incidentally in, or 
who is engaged in, or with respect to clauses (i) 
and (iii) of this subparagraph has engaged in— 
‘‘(i) any activity— 
‘‘(I) to violate any law of the 
United States relating to espionage or 
sabotage; or 
‘‘(II) to violate or evade any law 
prohibiting 
the 
export 
from 
the 
United States of goods, technology, or 
sensitive information; 
‘‘(ii) any other unlawful activity; or 
‘‘(iii) any activity a purpose of which 
is the opposition to, or the control or over-
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‘‘(B) the term ‘lawfully admitted for per-
manent residence’ has the same meaning as in 
section 101(a)(20) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(20).’’. 
(C) in paragraph (2), by striking ‘‘under a 
nonimmigrant visa’’ and inserting ‘‘but not law-
fully admitted for permanent residence’’; and 
(D) in paragraph (3)(A), by striking ‘‘ad-
mitted to the United States under a non-
immigrant visa’’ and inserting ‘‘lawfully admit-
ted to the United States but not as an alien 
lawfully admitted for permanent residence’’. 
SEC. 305. UNIFORM STATUTE OF LIMITATIONS FOR CER-
TAIN IMMIGRATION, NATURALIZATION, AND 
PEONAGE OFFENSES. 
Section 3291 of title 18, United States Code, is 
amended by striking ‘‘No person’’ through the period at 
the end and inserting the following: ‘‘No person shall be 
prosecuted, tried, or punished for a violation of any section 
of chapters 69 (relating to nationality and citizenship of-
fenses) and 75 (relating to passport, visa, and immigration 
offenses), or for a violation of any criminal provision of 
sections 243, 266, 274, 275, 276, 277, or 278 of the Im-
migration and Nationality Act, or for an attempt or con-
spiracy to violate any such section, unless the indictment 
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is returned or the information is filed within ten years 
after the commission of the offense.’’. 
SEC. 306. CONFORMING AMENDMENT TO THE DEFINITION 
OF RACKETEERING ACTIVITY. 
Section 1961(1) of title 18, United States Code, is 
amended by striking ‘‘section 1542’’ through ‘‘section 
1546 (relating to fraud and misuse of visas, permits, and 
other documents)’’ and inserting ‘‘sections 1541-1548 (re-
lating to passports and visas)’’. 
SEC. 307. CONFORMING AMENDMENTS FOR THE AGGRA-
VATED FELONY DEFINITION. 
(a) IN GENERAL.—Subparagraph (P) of section 
101(a)(43) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(43)) is amended— 
(1) by striking ‘‘(i) which either is falsely mak-
ing, forging, counterfeiting, mutilating, or altering a 
passport or instrument in violation of section 1543 
of title 18, United States Code, or is described in 
section 1546(a) of such title (relating to document 
fraud) and (ii)’’ and inserting ‘‘which is described in 
any section of chapter 75 of title 18, United States 
Code,’’; and 
(2) by inserting after ‘‘first offense’’ the fol-
lowing: ‘‘(i) that is not described in section 1548 of 
such title (relating to increased penalties), and (ii)’’. 
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(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 acts that occur before, 
on, or after the date of the enactment of this Act. 
SEC. 308. PRECLUDING REFUGEE OR ASYLEE ADJUSTMENT 
OF STATUS FOR AGGRAVATED FELONS. 
(a) IN GENERAL.—Section 209(c) of the Immigration 
and Nationality Act (8 U.S.C. 1159(c)) is amended by 
adding at the end thereof the following: ‘‘However, an 
alien who is convicted of an aggravated felony is not eligi-
ble for a waiver or for adjustment of status under this 
section.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply— 
(1) to any act that occurred before, on, or after 
the date of the enactment of this Act; and 
(2) to all aliens who are required to establish 
admissibility on or after such date, and in all re-
moval, deportation, or exclusion proceedings that are 
filed, pending, or reopened, on or after such date. 
SEC. 
309. 
INADMISSIBILITY 
AND 
DEPORTABILITY 
OF 
DRUNK DRIVERS. 
(a) IN GENERAL.—Section 101(a)(43) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(43)) is 
amended— 
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(1) in subparagraph (T), by striking ‘‘and’’; 
(2) in subparagraph (U); by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by inserting after subparagraph (U) the fol-
lowing:. 
‘‘(V) A second conviction for driving while in-
toxicated (including a conviction for driving while 
under the influence of or impaired by alcohol or 
drugs) without regard to whether the conviction is 
classified as a misdemeanor or felony under State 
law.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and apply to convictions entered on or 
after such date. 
SEC. 310. DETENTION OF DANGEROUS ALIENS. 
(a) IN GENERAL.—Section 241(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1231(a)) is amended— 
(1) by striking ‘‘Attorney General’’ each place 
it appears, except for the first reference in para-
graph (4)(B)(i), and inserting ‘‘Secretary of Home-
land Security’’; 
(2) in paragraph (1), by amending subpara-
graph (B) to read as follows: 
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‘‘(B) BEGINNING
OF
PERIOD.—The re-
moval period begins on the latest of the fol-
lowing: 
‘‘(i) The date the order of removal be-
comes administratively final. 
‘‘(ii) If the alien is not in the custody 
of the Secretary on the date the order of 
removal becomes administratively final, the 
date the alien is taken into such custody. 
‘‘(iii) If the alien is detained or con-
fined (except under an immigration proc-
ess) on the date the order of removal be-
comes administratively final, the date the 
alien is taken into the custody of the Sec-
retary, after the alien is released from such 
detention or confinement.’’; 
(3) in paragraph (1), by amending subpara-
graph (C) to read as follows: 
‘‘(C) SUSPENSION OF PERIOD.— 
‘‘(i) EXTENSION.—The removal period 
shall be extended beyond a period of 90 
days and the Secretary may, in the Sec-
retary’s sole discretion, keep the alien in 
detention during such extended period if— 
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‘‘(I) the alien fails or refuses to 
make all reasonable efforts to comply 
with the removal order, or to fully co-
operate with the Secretary’s efforts to 
establish the alien’s identity and carry 
out the removal order, including mak-
ing timely application in good faith 
for travel or other documents nec-
essary to the alien’s departure or con-
spires or acts to prevent the alien’s 
removal that is subject to an order of 
removal; 
‘‘(II) a court, the Board of Immi-
gration Appeals, or an immigration 
judge orders a stay of removal of an 
alien who is subject to an administra-
tively final order of removal; 
‘‘(III) the Secretary transfers 
custody of the alien pursuant to law 
to another Federal agency or a State 
or local government agency in connec-
tion with the official duties of such 
agency; or 
‘‘(IV) a court or the Board of 
Immigration Appeals orders a remand 
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to an immigration judge or the Board 
of Immigration Appeals, during the 
time period when the case is pending 
a decision on remand (with the re-
moval period beginning anew on the 
date that the alien is ordered removed 
on remand). 
‘‘(ii) RENEWAL.—If the removal pe-
riod has been extended under clause (C)(i), 
a new removal period shall be deemed to 
have begun on the date— 
‘‘(I) the alien makes all reason-
able efforts to comply with the re-
moval order, or to fully cooperate with 
the Secretary’s efforts to establish the 
alien’s identity and carry out the re-
moval order; 
‘‘(II) the stay of removal is no 
longer in effect; or 
‘‘(III) the alien is returned to the 
custody of the Secretary. 
‘‘(iii) MANDATORY
DETENTION
FOR 
CERTAIN ALIENS.—In the case of an alien 
described in subparagraphs (A) through 
(D) of section 236(c)(1), the Secretary 
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PWALKER on DSK7TPTVN1PROD with BILLS
shall keep that alien in detention during 
the extended period described in clause (i). 
‘‘(iv) SOLE
FORM
OF
RELIEF.—An 
alien may seek relief from detention under 
this subparagraph only by filing an appli-
cation for a writ of habeas corpus in ac-
cordance with chapter 153 of title 28, 
United States Code. No alien whose period 
of detention is extended under this sub-
paragraph shall have the right to seek re-
lease on bond.’’; 
(4) in paragraph (3)— 
(A) by adding after ‘‘If the alien does not 
leave or is not removed within the removal pe-
riod’’ the following: ‘‘or is not detained pursu-
ant to paragraph (6) of this subsection’’; and 
(B) by striking subparagraph (D) and in-
serting the following: 
‘‘(D) to obey reasonable restrictions on the 
alien’s conduct or activities that the Secretary 
prescribes for the alien, in order to prevent the 
alien from absconding, for the protection of the 
community, or for other purposes related to the 
enforcement of the immigration laws.’’; 
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PWALKER on DSK7TPTVN1PROD with BILLS
(5) in paragraph (4)(A), by striking ‘‘paragraph 
(2)’’ and inserting ‘‘subparagraph (B)’’; and 
(6) by striking paragraph (6) and inserting the 
following: 
‘‘(6) ADDITIONAL RULES FOR DETENTION OR 
RELEASE OF CERTAIN ALIENS.— 
‘‘(A) DETENTION
REVIEW
PROCESS
FOR 
COOPERATIVE ALIENS ESTABLISHED.—For an 
alien who is not otherwise subject to mandatory 
detention, who has made all reasonable efforts 
to comply with a removal order and to cooper-
ate fully with the Secretary of Homeland Secu-
rity’s efforts to establish the alien’s identity and 
carry out the removal order, including making 
timely application in good faith for travel or 
other documents necessary to the alien’s depar-
ture, and who has not conspired or acted to 
prevent removal, the Secretary shall establish 
an administrative review process to determine 
whether the alien should be detained or released 
on conditions. The Secretary shall make a de-
termination whether to release an alien after 
the removal period in accordance with subpara-
graph (B). The determination shall include con-
sideration of any evidence submitted by the 
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alien, and may include consideration of any 
other evidence, including any information or as-
sistance provided by the Secretary of State or 
other Federal official and any other information 
available to the Secretary of Homeland Security 
pertaining to the ability to remove the alien. 
‘‘(B) AUTHORITY TO DETAIN BEYOND RE-
MOVAL PERIOD.— 
‘‘(i) IN GENERAL.—The Secretary of 
Homeland Security, in the exercise of the 
Secretary’s sole discretion, may continue to 
detain an alien for 90 days beyond the re-
moval period (including any extension of 
the removal period as provided in para-
graph (1)(C)). An alien whose detention is 
extended under this subparagraph shall 
have no right to seek release on bond. 
‘‘(ii) SPECIFIC CIRCUMSTANCES.—The 
Secretary of Homeland Security, in the ex-
ercise of the Secretary’s sole discretion, 
may continue to detain an alien beyond the 
90 days authorized in clause (i)— 
‘‘(I) until the alien is removed, if 
the Secretary, in the Secretary’s sole 
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discretion, determines that there is a 
significant likelihood that the alien— 
‘‘(aa) will be removed in the 
reasonably foreseeable future; or 
‘‘(bb) would be removed in 
the reasonably foreseeable future, 
or would have been removed, but 
for the alien’s failure or refusal 
to make all reasonable efforts to 
comply with the removal order, 
or to cooperate fully with the 
Secretary’s efforts to establish 
the alien’s identity and carry out 
the 
removal 
order, 
including 
making 
timely 
application 
in 
good faith for travel or other doc-
uments necessary to the alien’s 
departure, or conspires or acts to 
prevent removal; 
‘‘(II) until the alien is removed, 
if the Secretary of Homeland Security 
certifies in writing— 
‘‘(aa) in consultation with 
the Secretary of Health and 
Human Services, that the alien 
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has a highly contagious disease 
that poses a threat to public safe-
ty; 
‘‘(bb) after receipt of a writ-
ten recommendation from the 
Secretary of State, that release 
of the alien is likely to have seri-
ous adverse foreign policy con-
sequences for the United States; 
‘‘(cc) based on information 
available to the Secretary of 
Homeland 
Security 
(including 
classified, sensitive, or national 
security information, and without 
regard to the grounds upon 
which the alien was ordered re-
moved), that there is reason to 
believe that the release of the 
alien would threaten the national 
security of the United States; or 
‘‘(dd) that the release of the 
alien will threaten the safety of 
the community or any person, 
conditions of release cannot rea-
sonably be expected to ensure the 
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safety of the community or any 
person, and either (AA) the alien 
has been convicted of one or 
more aggravated felonies (as de-
fined in section 101(a)(43)(A)) 
or of one or more crimes identi-
fied by the Secretary of Home-
land Security by regulation, or of 
one or more attempts or conspir-
acies to commit any such aggra-
vated felonies or such identified 
crimes, if the aggregate term of 
imprisonment for such attempts 
or conspiracies is at least 5 
years; or (BB) the alien has com-
mitted one or more crimes of vio-
lence (as defined in section 16 of 
title 18, United States Code, but 
not including a purely political 
offense) and, because of a mental 
condition or personality disorder 
and behavior associated with that 
condition or disorder, the alien is 
likely to engage in acts of vio-
lence in the future; or 
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‘‘(III) pending a certification 
under subclause (II), so long as the 
Secretary of Homeland Security has 
initiated the administrative review 
process not later than 30 days after 
the expiration of the removal period 
(including any extension of the re-
moval period, as provided in para-
graph (1)(C)). 
‘‘(iii) NO RIGHT TO BOND HEARING.— 
An alien whose detention is extended under 
this subparagraph shall have no right to 
seek release on bond, including by reason 
of a certification under clause (ii)(II). 
‘‘(C) RENEWAL AND DELEGATION OF CER-
TIFICATION.— 
‘‘(i) RENEWAL.—The Secretary of 
Homeland Security may renew a certifi-
cation 
under 
subparagraph 
(B)(ii)(II) 
every 6 months, after providing an oppor-
tunity for the alien to request reconsider-
ation of the certification and to submit 
documents or other evidence in support of 
that request. If the Secretary does not 
renew a certification, the Secretary may 
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PWALKER on DSK7TPTVN1PROD with BILLS
154 
(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 Attor-
ney General may permit the alien to voluntarily de-
part the United States at the alien’s own expense 
under this subsection after the initiation of removal 
proceedings under section 240 and before the con-
clusion of such proceedings before an immigration 
judge.’’; 
(E) in paragraph (3), as redesignated— 
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155 
(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 paragraphs (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 
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-
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