147
such offense or the alien is transferred to 
Federal custody; 
‘‘(ii) the officer is authorized to trans-
port the alien to a location where the alien 
can be transferred to Federal custody and 
shall be removed from the United States in 
accordance with applicable law; and 
‘‘(iii) the Secretary of Homeland Se-
curity shall reimburse the State and local 
law enforcement agencies involved for the 
costs of transporting aliens when such 
transportation is not done in the course of 
their normal duties; or 
‘‘(B) indicates that the individual is an 
alien but is not unlawfully present in the 
United States, the officer shall take the alien 
into custody for such offense in accordance with 
State law and shall promptly notify the Sec-
retary of Homeland Security of such apprehen-
sion and maintain the alien in custody pending 
a determination by the Secretary with respect 
to any action to be taken by the Secretary 
against such alien.’’. 
(b) DEPORTATION FOR DWI.—
148
(1) IN GENERAL.—Section 237(a)(2) of such 
Act (8 U.S.C. 1227(a)(2)) is amended by adding at 
the end the following new subparagraph: 
‘‘(F) DRIVING WHILE INTOXICATED AND 
WHILE UNLAWFULLY PRESENT IN THE UNITED 
STATES.—An alien—
‘‘(i) who at the time the alien is un-
lawfully present in the United States and 
who commits the offense of driving while 
intoxicated, driving under the influence, or 
similar violation of State law (as deter-
mined by the Secretary of Homeland Secu-
rity) and who is convicted of such offense, 
or 
‘‘(ii) who is unlawfully present in the 
United States and who commits an offense 
by refusing in violation of State law to 
submit to a Breathalyzer test or other test 
for the purpose of determining blood alco-
hol content, 
is deportable and shall be deported.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply to violations or refusals 
occurring after the date of the enactment of this 
Act.
149
(c) SHARING OF INFORMATION BY MOTOR VEHICLE 
ADMINISTRATORS REGARDING DWI CONVICTIONS AND 
REFUSALS.—Each State motor vehicle administrator 
shall—
(1) share with the Secretary of Homeland Secu-
rity information relating to any alien who has a con-
viction or refusal described in section 237(a)(2)(F) 
of the Immigration and Nationality Act; 
(2) share such information with other State 
motor vehicle administrators through the Drivers Li-
cense Agreement of the American Association of 
Motor Vehicle Administrators; and 
(3) enter such information into the NCIC in a 
timely manner. 
(d) 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 convictions entered 
before, on, or after such date. 
SEC. 607. DESIGNATED COUNTY LAW ENFORCEMENT AS-
SISTANCE PROGRAM. 
(a) DESIGNATED COUNTIES ADJACENT
TO
THE 
SOUTHERN
BORDER
OF
THE
UNITED
STATES
DE-
FINED.—In this section, the term ‘‘designated counties 
adjacent to the southern international border of the 
United States’’ includes a county any part of which is
150
within 25 miles of the southern international border of the 
United States. 
(b) AUTHORITY.— 
(1) IN GENERAL.—Any Sheriff or coalition or 
group of Sheriffs from designated counties adjacent 
to the southern international border of the United 
States may transfer aliens detained or in the custody 
of the Sheriff who are not lawfully present in the 
United States to appropriate Federal law enforce-
ment officials, and shall be promptly paid for the 
costs of performing such transfers by the Attorney 
General for any local or State funds previously ex-
pended or proposed to be spent by that Sheriff or 
coalition or group of Sheriffs. 
(2) PAYMENT
OF
COSTS.—Payment of costs 
under paragraph (1) shall include payment for costs 
of detaining, housing, and transporting aliens who 
are not lawfully present in the United States or who 
have unlawfully entered the United States at a loca-
tion other than a port of entry and who are taken 
into custody by the Sheriff. 
(3) LIMITATION
TO
FUTURE
COSTS.—In no 
case shall payment be made under this section for 
costs incurred before the date of the enactment of 
this Act.
151
(4) ADVANCE PAYMENT OF COSTS.—The Attor-
ney General shall make an advance payment under 
this section upon a certification of anticipated costs 
for which payment may be made under this section, 
but in no case shall such an advance payment cover 
a period of costs of longer than 3 months. 
(c) DESIGNATED COUNTY LAW ENFORCEMENT AC-
COUNT.— 
(1) SEPARATE
ACCOUNT.—Reimbursement or 
pre-payment under subsection (b) shall be made 
promptly from funds deposited into a separate ac-
count in the Treasury of the United States to be en-
titled the ‘‘Designated County Law Enforcement Ac-
count’’. 
(2) AVAILABILITY OF FUNDS.—All deposits into 
the Designated County Law Enforcement Account 
shall remain available until expended to the Attorney 
General to carry out the provisions of this section. 
(3) PROMPTLY DEFINED.—For purposes of this 
section, the term ‘‘promptly’’ means within 60 days. 
(d) FUNDS FOR THE DESIGNATED COUNTY LAW EN-
FORCEMENT ACCOUNT.—Only funds designated, author-
ized, or appropriated by Congress may be deposited or 
transferred to the Designated County Law Enforcement 
Account. The Designated County Law Enforcement Ac-
152
count is authorized to receive up to $100,000,000 per 
year. 
(e) USE OF FUNDS.— 
(1) IN GENERAL.—Funds provided under this 
section shall be payable directly to participating 
Sheriff’s offices and may be used for the transfers 
described in subsection (b)(1), including the costs of 
personnel (such as overtime pay and costs for re-
serve deputies), costs of training of such personnel, 
equipment, and, subject to paragraph (2), the con-
struction, maintenance, and operation of detention 
facilities to detain aliens who are unlawfully present 
in the United States. For purposes of this section, 
an alien who is unlawfully present in the United 
States shall be deemed to be a Federal prisoner be-
ginning upon determination by Federal law enforce-
ment officials that such alien is unlawfully present 
in the United States, and such alien shall, upon such 
determination, be deemed to be in Federal custody. 
In order for costs to be eligible for payment, the 
Sheriff making such application shall personally cer-
tify under oath that all costs submitted in the appli-
cation for reimbursement or advance payment meet 
the requirements of this section and are reasonable 
and necessary, and such certification shall be subject
153
to all State and Federal laws governing statements 
made under oath, including the penalties of perjury, 
removal from office, and prosecution under State 
and Federal law. 
(2) LIMITATION.—Not more than 20 percent of 
the amount of funds provided under this section may 
be used for the construction or renovation of deten-
tion or similar facilities. 
(f) DISPOSITION
AND
DELIVERY
OF
DETAINED 
ALIENS.—All aliens detained or taken into custody by a 
Sheriff under this section and with respect to whom Fed-
eral law enforcement officials determine are unlawfully 
present in the United States, shall be immediately deliv-
ered to Federal law enforcement officials. In accordance 
with subsection (e)(1), an alien who is in the custody of 
a Sheriff shall be deemed to be a Federal prisoner and 
in Federal custody. 
(g) REGULATIONS.—The Attorney General shall 
issue, on an interim final basis, regulations not later than 
60 days after the date of the enactment of this Act— 
(1) governing the distribution of funds under 
this section for all reasonable and necessary costs 
and other expenses incurred or proposed to be in-
curred by a Sheriff or coalition or group of Sheriffs 
under this section; and
154
(2) providing uniform standards that all other 
Federal law enforcement officials shall follow to co-
operate with such Sheriffs and to otherwise imple-
ment the requirements of this section. 
(h) EFFECTIVE DATE.—The provisions of this sec-
tion shall take effect on its enactment. The promulgation 
of any regulations under subsection (g) is not a necessary 
precondition to the immediate deployment or work of 
Sheriffs personnel or corrections officers as authorized by 
this section. Any reasonable and necessary expenses or 
costs authorized by this section and incurred by such 
Sheriffs after the date of the enactment of this Act but 
prior to the date of the promulgation of such regulations 
are eligible for reimbursement under the terms and condi-
tions of this section. 
(i) AUDIT.—All funds paid out under this section are 
subject to audit by the Inspector General of the Depart-
ment of Justice and abuse or misuse of such funds shall 
be vigorously investigated and prosecuted to the full extent 
of Federal law. 
(j) SUPPLEMENTAL FUNDING.—All funds paid out 
under this section must supplement, and may not sup-
plant, State or local funds used for the same or similar 
purposes.
155
SEC. 608. RENDERING INADMISSIBLE AND DEPORTABLE 
ALIENS 
PARTICIPATING 
IN 
CRIMINAL 
STREET GANGS; DETENTION; INELIGIBILITY 
FROM PROTECTION FROM REMOVAL AND 
ASYLUM. 
(a) INADMISSIBLE.—Section 212(a)(2) of the Immi-
gration and Nationality Act (8 U.S.C. 1182(a)(2)), as 
amended by section 604(b), is further amended by adding 
at the end the following: 
‘‘(M) CRIMINAL STREET GANG PARTICIPA-
TION.— 
‘‘(i) IN GENERAL.—Any alien is inad-
missible if the alien has been removed 
under section 237(a)(2)(F), or if the con-
sular officer or the Secretary of Homeland 
Security knows, or has reasonable ground 
to believe that the alien— 
‘‘(I) is a member of a criminal 
street gang and has committed, con-
spired, or threatened to commit, or 
seeks to enter the United States to 
engage solely, principally, or inciden-
tally in, a gang crime or any other un-
lawful activity; or
156
‘‘(II) is a member of a criminal 
street gang designated under section 
219A. 
‘‘(ii) CRIMINAL
STREET
GANG
DE-
FINED.—For purposes of this subpara-
graph, the term ‘criminal street gang’ 
means a formal or informal group or asso-
ciation of 3 or more individuals, who com-
mit 2 or more gang crimes (one of which 
is a crime of violence, as defined in section 
16 of title 18, United States Code) in 2 or 
more separate criminal episodes in relation 
to the group or association. 
‘‘(iii) GANG
CRIME
DEFINED.—For 
purposes of this subparagraph, the term 
‘gang crime’ means conduct constituting 
any Federal or State crime, punishable by 
imprisonment for one year or more, in any 
of the following categories: 
‘‘(I) A crime of violence (as de-
fined in section 16 of title 18, United 
States Code). 
‘‘(II) A crime involving obstruc-
tion of justice, tampering with or re-
157
taliating against a witness, victim, or 
informant, or burglary. 
‘‘(III) A crime involving the man-
ufacturing, 
importing, 
distributing, 
possessing with intent to distribute, or 
otherwise dealing in a controlled sub-
stance or listed chemical (as those 
terms are defined in section 102 of 
the Controlled Substances Act (21 
U.S.C. 802)). 
‘‘(IV) Any conduct punishable 
under section 844 of title 18, United 
States Code (relating to explosive ma-
terials), subsection (d), (g)(1) (where 
the underlying conviction is a violent 
felony 
(as 
defined 
in 
section 
924(e)(2)(B) of such title) or is a se-
rious drug offense (as defined in sec-
tion 924(e)(2)(A)), (i), (j), (k), (o), 
(p), (q), (u), or (x) of section 922 of 
such title (relating to unlawful acts), 
or subsection (b), (c), (g), (h), (k), (l), 
(m), or (n) of section 924 of such title 
(relating to penalties), section 930 of 
such title (relating to possession of
158
firearms and dangerous weapons in 
Federal facilities), section 931 of such 
title (relating to purchase, ownership, 
or possession of body armor by violent 
felons), sections 1028 and 1029 of 
such title (relating to fraud and re-
lated activity in connection with iden-
tification documents or access de-
vices), section 1952 of such title (re-
lating to interstate and foreign travel 
or transportation in aid of racket-
eering enterprises), section 1956 of 
such title (relating to the laundering 
of monetary instruments), section 
1957 of such title (relating to engag-
ing in monetary transactions in prop-
erty derived from specified unlawful 
activity), or sections 2312 through 
2315 of such title (relating to inter-
state transportation of stolen motor 
vehicles or stolen property). 
‘‘(V) Any conduct punishable 
under section 274 (relating to bring-
ing in and harboring certain aliens), 
section 277 (relating to aiding or as-
159
sisting certain aliens to enter the 
United States), or section 278 (relat-
ing to importation of alien for im-
moral purpose) of this Act.’’. 
(b) DEPORTABLE.—Section 237(a)(2) of such Act (8 
U.S.C. 1227(a)(2)) is amended by adding at the end the 
following: 
‘‘(G) CRIMINAL STREET GANG PARTICIPA-
TION.— 
‘‘(i) IN GENERAL.—Any alien is de-
portable who— 
‘‘(I) is a member of a criminal 
street gang and is convicted of com-
mitting, or conspiring, threatening, or 
attempting to commit, a gang crime; 
or 
‘‘(II) is determined by the Sec-
retary of Homeland Security to be a 
member of a criminal street gang des-
ignated under section 219A. 
‘‘(ii) DEFINITIONS.—For purposes of 
this subparagraph, the terms ‘criminal 
street gang’ and ‘gang crime’ have the 
meaning given such terms in section 
212(a)(2)(M).’’.
160
(c) DESIGNATION OF CRIMINAL STREET GANGS.— 
(1) IN GENERAL.—Chapter 2 of title II of the 
Immigration and Nationality Act (8 U.S.C. 1181 et 
seq.) is amended by adding at the end the following: 
‘‘DESIGNATION OF CRIMINAL STREET GANGS 
‘‘SEC. 219A. (a) DESIGNATION.— 
‘‘(1) IN GENERAL.—The Attorney General is 
authorized to designate a group or association as a 
criminal street gang in accordance with this sub-
section if the Attorney General finds that the group 
or association meets the criteria described in section 
212(a)(2)(M)(ii)(I). 
‘‘(2) PROCEDURE.— 
‘‘(A) NOTICE.— 
‘‘(i) TO CONGRESSIONAL LEADERS.—
Seven days before making a designation 
under this subsection, the Attorney Gen-
eral shall notify the Speaker and Minority 
Leader of the House of Representatives 
and the Majority Leader and Minority 
Leader of the Senate, and the members of 
the relevant committees of the House of 
Representatives and the Senate, in writing, 
of the intent to designate a group or asso-
ciation under this subsection, together with 
the findings made under paragraph (1)
161
with respect to that group or association, 
and the factual basis therefor. 
‘‘(ii) PUBLICATION IN FEDERAL REG-
ISTER.—The Attorney shall publish the 
designation in the Federal Register seven 
days after providing the notification under 
clause (i). 
‘‘(B) EFFECT OF DESIGNATION.— 
‘‘(i) A designation under this sub-
section shall take effect upon publication 
under subparagraph (A)(ii). 
‘‘(ii) Any designation under this sub-
section shall cease to have effect upon an 
Act of Congress disapproving such des-
ignation. 
‘‘(3) RECORD.—In making a designation under 
this subsection, the Attorney General shall create an 
administrative record. 
‘‘(4) PERIOD OF DESIGNATION.— 
‘‘(A) IN GENERAL.—A designation under 
this subsection shall be effective for all purposes 
until revoked under paragraph (5) or (6) or set 
aside pursuant to subsection (b). 
‘‘(B) REVIEW OF DESIGNATION UPON PE-
TITION.—
162
‘‘(i) 
IN
GENERAL.—The 
Attorney 
General shall review the designation of a 
criminal street gang under the procedures 
set forth in clauses (iii) and (iv) if the des-
ignated gang or association files a petition 
for revocation within the petition period 
described in clause (ii). 
‘‘(ii) PETITION
PERIOD.—For pur-
poses of clause (i)— 
‘‘(I) if the designated gang or as-
sociation has not previously filed a pe-
tition for revocation under this sub-
paragraph, the petition period begins 
2 years after the date on which the 
designation was made; or 
‘‘(II) if the designated gang or 
association has previously filed a peti-
tion for revocation under this sub-
paragraph, the petition period begins 
2 years after the date of the deter-
mination made under clause (iv) on 
that petition. 
‘‘(iii) 
PROCEDURES.—Any 
criminal 
street gang that submits a petition for rev-
ocation under this subparagraph must pro-
163
vide evidence in that petition that the rel-
evant circumstances described in para-
graph (1) are sufficiently different from 
the circumstances that were the basis for 
the designation such that a revocation with 
respect to the gang is warranted. 
‘‘(iv) DETERMINATION.— 
‘‘(I) IN
GENERAL.—Not later 
than 180 days after receiving a peti-
tion for revocation submitted under 
this subparagraph, the Attorney Gen-
eral shall make a determination as to 
such revocation. 
‘‘(II) PUBLICATION
OF
DETER-
MINATION.—A determination made by 
the Attorney General under this 
clause shall be published in the Fed-
eral Register. 
‘‘(III) PROCEDURES.—Any rev-
ocation by the Attorney General shall 
be made in accordance with para-
graph (6). 
‘‘(C) OTHER REVIEW OF DESIGNATION.— 
‘‘(i) IN GENERAL.—If in a 5-year pe-
riod no review has taken place under sub-