105 
‘‘(II) A crime involving obstruc-
tion of justice, tampering with or re-
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 seri-
ous drug offense (as defined in section 
924(e)(2)(A)), (i), (j), (k), (o), (p), (q), 
(u), or (x) of section 922 of such title 
(relating to unlawful acts), or sub-
section (b), (c), (g), (h), (k), (l), (m), or 
(n) of section 924 of such title (relating
106 
to penalties), section 930 of such title 
(relating to possession of firearms and 
dangerous weapons in Federal facili-
ties), 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 related activity in connec-
tion with identification documents or 
access devices), section 1952 of such 
title (relating to interstate and foreign 
travel or transportation in aid of rack-
eteering enterprises), section 1956 of 
such title (relating to the laundering of 
monetary instruments), section 1957 of 
such title (relating to engaging in 
monetary transactions in property de-
rived from specified unlawful activity), 
or sections 2312 through 2315 of such 
title (relating to interstate transpor-
tation of stolen motor vehicles or stolen 
property). 
‘‘(V) 
Any 
conduct 
punishable 
under section 274 (relating to bringing 
in and harboring certain aliens), sec-
107 
tion 277 (relating to aiding or assist-
ing certain aliens to enter the United 
States), or section 278 (relating to im-
portation of alien for immoral pur-
pose) 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: 
‘‘(F) 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 commit-
ting, or conspiring, threatening, or at-
tempting 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).’’.
108 
(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 au-
thorized 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 General 
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 association under this 
subsection, together with the findings made 
under paragraph (1) with respect to that
109 
group or association, and the factual basis 
therefor. 
‘‘(ii) PUBLICATION IN FEDERAL REG-
ISTER.—The Attorney shall publish the des-
ignation 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 designa-
tion. 
‘‘(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 PETI-
TION.—
110 
‘‘(i) IN GENERAL.—The Attorney Gen-
eral shall review the designation of a crimi-
nal 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 de-
scribed in clause (ii). 
‘‘(ii) PETITION PERIOD.—For purposes 
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 des-
ignation was made; or 
‘‘(II) if the designated gang or as-
sociation has previously filed a peti-
tion for revocation under this subpara-
graph, the petition period begins 2 
years after the date of the determina-
tion made under clause (iv) on that pe-
tition. 
‘‘(iii) PROCEDURES.—Any criminal 
street gang that submits a petition for rev-
ocation under this subparagraph must pro-
111 
vide evidence in that petition that the rel-
evant circumstances described in paragraph 
(1) are sufficiently different from the cir-
cumstances that were the basis for the des-
ignation such that a revocation with respect 
to the gang is warranted. 
‘‘(iv) DETERMINATION.— 
‘‘(I) IN GENERAL.—Not later than 
180 days after receiving a petition for 
revocation submitted under this sub-
paragraph, the Attorney General shall 
make a determination as to such rev-
ocation. 
‘‘(II) PUBLICATION
OF
DETER-
MINATION.—A determination made by 
the Attorney General under this clause 
shall be published in the Federal Reg-
ister. 
‘‘(III) PROCEDURES.—Any rev-
ocation by the Attorney General shall 
be made in accordance with paragraph 
(6). 
‘‘(C) OTHER REVIEW OF DESIGNATION.— 
‘‘(i) IN GENERAL.—If in a 5-year pe-
riod no review has taken place under sub-
112 
paragraph (B), the Attorney General shall 
review the designation of the criminal street 
gang in order to determine whether such 
designation should be revoked pursuant to 
paragraph (6). 
‘‘(ii) PROCEDURES.—If a review does 
not take place pursuant to subparagraph 
(B) in response to a petition for revocation 
that is filed in accordance with that sub-
paragraph, then the review shall be con-
ducted pursuant to procedures established 
by the Attorney General. The results of such 
review and the applicable procedures shall 
not be reviewable in any court. 
‘‘(iii) PUBLICATION
OF
RESULTS
OF 
REVIEW.—The Attorney General shall pub-
lish any determination made pursuant to 
this subparagraph in the Federal Register. 
‘‘(5) REVOCATION BY ACT OF CONGRESS.—The 
Congress, by an Act of Congress, may block or revoke 
a designation made under paragraph (1). 
‘‘(6) REVOCATION
BASED
ON
CHANGE
IN
CIR-
CUMSTANCES.— 
‘‘(A) IN GENERAL.—The Attorney General 
may revoke a designation made under paragraph
113 
(1) at any time, and shall revoke a designation 
upon completion of a review conducted pursuant 
to subparagraphs (B) and (C) of paragraph (4) 
if the Attorney General finds that the cir-
cumstances that were the basis for the designa-
tion have changed in such a manner as to war-
rant revocation. 
‘‘(B) PROCEDURE.—The procedural require-
ments of paragraphs (2) and (3) shall apply to 
a revocation under this paragraph. Any revoca-
tion shall take effect on the date specified in the 
revocation or upon publication in the Federal 
Register if no effective date is specified. 
‘‘(7) EFFECT OF REVOCATION.—The revocation 
of a designation under paragraph (5) or (6) shall not 
affect any action or proceeding based on conduct com-
mitted prior to the effective date of such revocation. 
‘‘(8) USE OF DESIGNATION IN HEARING.—If a 
designation under this subsection has become effective 
under paragraph (2)(B) an alien in a removal pro-
ceeding shall not be permitted to raise any question 
concerning the validity of the issuance of such des-
ignation as a defense or an objection at any hearing. 
‘‘(b) JUDICIAL REVIEW OF DESIGNATION.—
114 
‘‘(1) IN GENERAL.—Not later than 30 days after 
publication of the designation in the Federal Register, 
a group or association designated as a criminal street 
gang may seek judicial review of the designation in 
the United States Court of Appeals for the District of 
Columbia Circuit. 
‘‘(2) BASIS OF REVIEW.—Review under this sub-
section shall be based solely upon the administrative 
record. 
‘‘(3) SCOPE OF REVIEW.—The Court shall hold 
unlawful and set aside a designation the court finds 
to be— 
‘‘(A) arbitrary, capricious, an abuse of dis-
cretion, or otherwise not in accordance with law; 
‘‘(B) 
contrary 
to 
constitutional 
right, 
power, privilege, or immunity; 
‘‘(C) in excess of statutory jurisdiction, au-
thority, or limitation, or short of statutory right; 
‘‘(D) lacking substantial support in the ad-
ministrative record taken as a whole; or 
‘‘(E) not in accord with the procedures re-
quired by law. 
‘‘(4) JUDICIAL REVIEW INVOKED.—The pendency 
of an action for judicial review of a designation shall 
not affect the application of this section, unless the
115 
court issues a final order setting aside the designa-
tion. 
‘‘(c) RELEVANT COMMITTEE DEFINED.—As used in 
this section, the term ‘relevant committees’ means the Com-
mittees on the Judiciary of the House of Representatives 
and of the Senate.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents of such Act (8 U.S.C. 1101 et seq.) is amended 
by inserting after the item relating to section 219 the 
following: 
‘‘Sec. 219A. Designation of criminal street gangs.’’. 
(d) MANDATORY DETENTION OF CRIMINAL STREET 
GANG MEMBERS.— 
(1) IN GENERAL.—Section 236(c)(1)(D) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1226(c)(1)(D)) is amended— 
(A) by inserting ‘‘or 212(a)(2)(M)’’ after 
‘‘212(a)(3)(B)’’; and 
(B) by inserting ‘‘237(a)(2)(F) or’’ before 
‘‘237(a)(4)(B)’’. 
(2) ANNUAL REPORT.—Not later than March 1 of 
each year (beginning 1 year after the date of the en-
actment of this Act), the Secretary of Homeland Secu-
rity, after consultation with the appropriate Federal 
agencies, shall submit a report to the Committees on 
the Judiciary of the House of Representatives and of
116 
the Senate on the number of aliens detained under the 
amendments made by paragraph (1). 
(3) EFFECTIVE DATE.—This subsection and the 
amendments made by this subsection are effective as 
of the date of enactment of this Act and shall apply 
to aliens detained on or after such date. 
(e) INELIGIBILITY OF ALIEN STREET GANG MEMBERS 
FROM PROTECTION FROM REMOVAL AND ASYLUM.— 
(1) INAPPLICABILITY
OF
RESTRICTION
ON
RE-
MOVAL
TO
CERTAIN
COUNTRIES.—Section 
241(b)(3)(B) of the Immigration and Nationality Act 
(8 U.S.C. 1251(b)(3)(B)) is amended, in the matter 
preceding clause (i), by inserting ‘‘who is described in 
section 212(a)(2)(M)(i) or section 237(a)(2)(F)(i) or 
who is’’ after ‘‘to an alien’’. 
(2) 
INELIGIBILITY
FOR
ASYLUM.—Section 
208(b)(2)(A) of such Act (8 U.S.C. 1158(b)(2)(A)) is 
amended— 
(A) in clause (v), by striking ‘‘or’’ at the 
end; 
(B) by redesignating clause (vi) as clause 
(vii); and 
(C) by inserting after clause (v) the fol-
lowing:
117 
‘‘(vi) the alien is described in section 
212(a)(2)(M)(i) or section 237(a)(2)(F)(i) 
(relating to participation in criminal street 
gangs); or’’. 
(3) DENIAL OF REVIEW OF DETERMINATION OF 
INELIGIBILITY
FOR
TEMPORARY
PROTECTED
STA-
TUS.—Section 244(c)(2) of such Act (8 U.S.C. 
1254(c)(2)) is amended by adding at the end the fol-
lowing: 
‘‘(C) LIMITATION ON JUDICIAL REVIEW.— 
There shall be no judicial review of any finding 
under subparagraph (B) that an alien is in de-
scribed in section 208(b)(2)(A)(vi).’’. 
(4) EFFECTIVE DATE.—The amendments made 
by this subsection are effective on the date of enact-
ment of this Act and shall apply to all applications 
pending on or after such date. 
(f) EFFECTIVE DATE.—Except as otherwise provided, 
the amendments made by this section are effective as of the 
date of enactment and shall apply to all pending cases in 
which no final administrative action has been entered. 
SEC. 609. NATURALIZATION REFORM. 
(a) BARRING TERRORISTS FROM NATURALIZATION.— 
Section 316 of the Immigration and Nationality Act (8
118 
U.S.C. 1427) is amended by adding at the end the following 
new subsection: 
‘‘(g) No person shall be naturalized who the Secretary 
of Homeland Security determines, in the Secretary’s discre-
tion, to have been at any time an alien described in section 
212(a)(3) or 237(a)(4). Such determination may be based 
upon any relevant information or evidence, including clas-
sified, sensitive, or national security information, and shall 
be binding upon, and unreviewable by, any court exercising 
jurisdiction under the immigration laws over any applica-
tion for naturalization, regardless whether such jurisdiction 
to review a decision or action of the Secretary is de novo 
or otherwise.’’. 
(b) CONCURRENT NATURALIZATION
AND REMOVAL 
PROCEEDINGS.—The last sentence of section 318 of such Act 
(8 U.S.C. 1429) is amended— 
(1) by striking ‘‘shall be considered by the Attor-
ney General’’ and inserting ‘‘shall be considered by 
the Secretary of Homeland Security or any court’’; 
(2) by striking ‘‘pursuant to a warrant of arrest 
issued under the provisions of this or any other Act:’’ 
and inserting ‘‘or other proceeding to determine the 
applicant’s inadmissibility or deportability, or to de-
termine whether the applicant’s lawful permanent
119 
resident status should be rescinded, regardless of when 
such proceeding was commenced:’’; and 
(3) by striking ‘‘upon the Attorney General’’ and 
inserting ‘‘upon the Secretary of Homeland Secu-
rity’’. 
(c) PENDING DENATURALIZATION OR REMOVAL PRO-
CEEDINGS.—Section 204(b) of such Act (8 U.S.C. 1154(b)) 
is amended by adding 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 (wheth-
er directly or indirectly) result in the petitioner’s 
denaturalization or the loss of the petitioner’s lawful per-
manent resident status.’’. 
(d) CONDITIONAL PERMANENT RESIDENTS.—Section 
216(e) and section 216A(e) of such Act (8 U.S.C. 1186a(e), 
1186b(e)) are each amended by inserting before the period 
at the end the following: ‘‘, if the alien has had the condi-
tional basis removed under this section’’. 
(e) DISTRICT COURT JURISDICTION.—Section 336(b) 
of such Act (8 U.S.C. 1447(b)) is amended to read as fol-
lows: 
‘‘(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-
120 
land Security completes all examinations and interviews 
conducted under such section, as such terms are defined by 
the Secretary pursuant to regulations, the applicant may 
apply to the district court for the district in which the ap-
plicant resides for a hearing on the matter. Such court shall 
only have jurisdiction to review the basis for delay and re-
mand the matter to the Secretary for the Secretary’s deter-
mination on the application.’’. 
(f) CONFORMING AMENDMENTS.—Section 310(c) of 
such Act (8 U.S.C. 1421(c)) is amended— 
(1) by inserting ‘‘, no later than the date that is 
120 days after the Secretary’s final determination’’ 
before ‘‘seek’’; and 
(2) by striking the second sentence and inserting 
the following: ‘‘The burden shall be upon the peti-
tioner to show that the Secretary’s denial of the appli-
cation was not supported by facially legitimate and 
bona fide reasons. Except in a proceeding under sec-
tion 340, notwithstanding any other provision of law 
(statutory or nonstatutory), including section 2241 of 
title 28, United States Code, or any other habeas cor-
pus 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, for purposes of an application
121 
for naturalization, whether an alien is a person of 
good moral character, whether an alien understands 
and is attached to the principles of the Constitution 
of the United States, or whether an alien is well dis-
posed 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 the enactment of this 
Act, shall apply to any act that occurred before, on, or after 
such date, and shall apply to any application for natu-
ralization or any other case or matter under the immigra-
tion laws pending on, or filed on or after, such date. 
SEC. 610. EXPEDITED REMOVAL FOR ALIENS INADMISSIBLE 
ON CRIMINAL OR SECURITY GROUNDS. 
(a) IN GENERAL.—Section 238(b) of the Immigration 
and Nationality Act (8 U.S.C. 1228(b)) is amended– 
(1) in paragraph (1)— 
(A) by striking ‘‘Attorney General’’ and in-
serting ‘‘Secretary of Homeland Security in the 
exercise of discretion’’; and 
(B) by striking ‘‘set forth in this subsection 
or’’ and inserting ‘‘set forth in this subsection, in 
lieu of removal proceedings under’’;
122 
(2) in paragraph (3), by striking ‘‘paragraph (1) 
until 14 calendar days’’ and inserting ‘‘paragraph 
(1) or (3) until 7 calendar days’’; 
(3) by striking ‘‘Attorney General’’ each place it 
appears in paragraphs (3) and (4) and inserting 
‘‘Secretary of Homeland Security’’; 
(4) in paragraph (5)— 
(A) by striking ‘‘described in this section’’ 
and inserting ‘‘described in paragraph (1) or 
(2)’’; and 
(B) by striking ‘‘the Attorney General may 
grant in the Attorney General’s discretion’’ and 
inserting ‘‘the Secretary of Homeland Security 
or the Attorney General may grant, in the dis-
cretion of the Secretary or Attorney General, in 
any proceeding’’; 
(5) by redesignating paragraphs (3), (4), and (5) 
as paragraphs (4), (5), and (6), respectively; and 
(6) by inserting after paragraph (2) the fol-
lowing new paragraph: 
‘‘(3) The Secretary of Homeland Security in the 
exercise of discretion may determine inadmissibility 
under section 212(a)(2) (relating to criminal offenses) 
and issue an order of removal pursuant to the proce-
dures set forth in this subsection, in lieu of removal
123 
proceedings under section 240, with respect to an 
alien who 
‘‘(A) has not been admitted or paroled; 
‘‘(B) has not been found to have a credible 
fear of persecution pursuant to the procedures set 
forth in section 235(b)(1)(B); and 
‘‘(C) is not eligible for a waiver of inadmis-
sibility or relief from removal.’’. 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect on the date of the enactment 
of this Act but shall not apply to aliens who are in removal 
proceedings under section 240 of the Immigration and Na-
tionality Act as of such date 
SEC. 611. TECHNICAL CORRECTION FOR EFFECTIVE DATE 
IN CHANGE IN INADMISSIBILITY FOR TER-
RORISTS UNDER REAL ID ACT. 
Effective as if included in the enactment of Public Law 
109–13, section 103(d)(1) of the REAL ID Act of 2005 (di-
vision B of such Public Law) is amended by inserting ‘‘, 
deportation, and exclusion’’ after ‘‘removal’’. 
SEC. 612. BAR TO GOOD MORAL CHARACTER. 
(a) IN GENERAL.—Section 101(f) of the Immigration 
and Nationality Act (8 U.S.C. 1101(f)) is amended— 
(1) by inserting after paragraph (1) the fol-
lowing new paragraph:
124 
‘‘(2) one who the Secretary of Homeland Secu-
rity or the Attorney General determines, in the 
unreviewable discretion of the Secretary or the Attor-
ney General, to have been at any time an alien de-
scribed in section 212(a)(3) or section 237(a)(4), 
which determination may be based upon any relevant 
information or evidence, including classified, sen-
sitive, or national security information, and which 
shall be binding upon any court regardless of the ap-
plicable standard of review;’’; 
(2) in paragraph (8), by inserting ‘‘, regardless 
whether the crime was classified as an aggravated fel-
ony at the time of conviction’’ after ‘‘(as defined in 
subsection (a)(43))’’; and 
(3) by striking the sentence following paragraph 
(9) and inserting the following: ‘‘The fact that any 
person is not within any of the foregoing classes shall 
not preclude a discretionary finding for other reasons 
that such a person is or was not of good moral char-
acter. The Secretary and 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 consideration as a basis for determina-
tion the applicant’s conduct and acts at any time.’’.
125 
(b) AGGRAVATED FELONY EFFECTIVE DATE.—Section 
509(b) of the Immigration Act of 1990 (Public Law 101– 
649), as amended by section 306(a)(7) of the Miscellaneous 
and Technical Immigration and Naturalization Amend-
ments of 1991 (Public Law 102–232) is amended to read 
as follows: 
‘‘(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on November 29, 1990, and 
shall apply to convictions occurring before, on, or after such 
date.’’. 
(c) TECHNICAL CORRECTION TO THE INTELLIGENCE 
REFORM ACT.—Effective as if included in the enactment 
of the Intelligence Reform and Terrorism Prevention Act 
of 2004 (Public Law 108–458), section 5504(2) of such Act 
is amended by striking ‘‘adding at the end’’ and inserting 
‘‘inserting immediately after paragraph (8)’’. 
(d) EFFECTIVE DATES.—The amendments made by 
subsections (a) and (b) shall take effect on the date of the 
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 pend-
ing on, or filed on or after, such date.
126 
SEC. 613. STRENGTHENING DEFINITIONS OF ‘‘AGGRAVATED 
FELONY’’ AND ‘‘CONVICTION’’. 
(a) IN GENERAL.—Section 101(a) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)) is amended— 
(1) by amending subparagraph (A) of paragraph 
(43) to read as follows: 
‘‘(A) murder, manslaughter, homicide, rape, 
or any sexual abuse of a minor, whether or not 
the minority of the victim is established by evi-
dence contained in the record of conviction or by 
evidence extrinsic to the record of conviction;’’; 
and 
(2) in paragraph (48)(A), by inserting after and 
below clause (ii) the following: 
‘‘Any reversal, vacatur, expungement, or modification to a 
conviction, sentence, or conviction record that was granted 
to ameliorate the consequences of the conviction, sentence, 
or conviction record, or was granted for rehabilitative pur-
poses, or for failure to advise the alien of the immigration 
consequences of a guilty plea or a determination of guilt, 
shall have no effect on the immigration consequences result-
ing from the original conviction. The alien shall have the 
burden of demonstrating that the reversal, vacatur, 
expungement, or modification was not granted to amelio-
rate the consequences of the conviction, sentence, or convic-
tion record, for rehabilitative purposes, or for failure to ad-
127 
vise the alien of the immigration consequences of a guilty 
plea or a determination of guilt.’’. 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall apply to any act that occurred before, on, 
or after the date of the enactment of this Act and shall apply 
to any matter under the immigration laws pending on, or 
filed on or after, such date. 
SEC. 614. DEPORTABILITY FOR CRIMINAL OFFENSES. 
(a) IN GENERAL.—Section 237(a)(3)(B) of the Immi-
gration 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 
new clause: 
‘‘(iv) 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,’’. 
(b) DEPORTABILITY; CRIMINAL OFFENSES.—Section 
237(a)(2) of such Act (8 U.S.C. 1227(a)(2)), as amended 
by section 608(b), is amended by adding at the end the fol-
lowing new subparagraph:
128 
‘‘(G) SOCIAL
SECURITY
AND
IDENTIFICA-
TION FRAUD.—Any alien who at any time after 
admission is convicted of a violation of (or a 
conspiracy or attempt to violate) an offense de-
scribed in section 208 of the Social Security Act 
or section 1028 of title 18, United States Code 
is deportable.’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall apply to any act that occurred before, on, or 
after the date of the enactment of this Act, and to all aliens 
who are required to establish admissibility on or after such 
date and in all removal, deportation, or exclusion pro-
ceedings that are filed, pending, or reopened, on or after 
such date. 
TITLE VII—EMPLOYMENT 
ELIGIBILITY VERIFICATION 
SEC. 701. EMPLOYMENT ELIGIBILITY VERIFICATION SYS-
TEM. 
(a) IN GENERAL.—Section 274A(b) of the Immigra-
tion and Nationality Act (8 U.S.C. 1324a(b)) is amended 
by adding at the end the following: 
‘‘(7) EMPLOYMENT
ELIGIBILITY
VERIFICATION 
SYSTEM.— 
‘‘(A) IN GENERAL.—The Secretary of Home-
land Security shall establish and administer a
129 
verification system through which the Secretary 
(or a designee of the Secretary, which may be a 
nongovernmental entity)— 
‘‘(i) responds to inquiries made by per-
sons at any time through a toll-free tele-
phone line and other toll-free electronic 
media concerning an individual’s identity 
and whether the individual is authorized to 
be employed; and 
‘‘(ii) maintains records of the inquiries 
that were made, of verifications provided 
(or not provided), and of the codes provided 
to inquirers as evidence of their compliance 
with their obligations under this section. 
‘‘(B) INITIAL RESPONSE.—The verification 
system shall provide verification or a tentative 
nonverification of an individual’s identity and 
employment eligibility within 3 working days of 
the initial inquiry. If providing verification or 
tentative nonverification, the verification system 
shall provide an appropriate code indicating 
such verification or such nonverification. 
‘‘(C) SECONDARY VERIFICATION PROCESS IN 
CASE
OF
TENTATIVE
NONVERIFICATION.—In 
cases of tentative nonverification, the Secretary
130 
shall specify, in consultation with the Commis-
sioner of Social Security, an available secondary 
verification process to confirm the validity of in-
formation provided and to provide a final 
verification or nonverification within 10 work-
ing days after the date of the tentative 
nonverification. When final verification or 
nonverification is provided, the verification sys-
tem shall provide an appropriate code indicating 
such verification or nonverification. 
‘‘(D) DESIGN
AND
OPERATION
OF
SYS-
TEM.—The verification system shall be designed 
and operated— 
‘‘(i) to maximize its reliability and 
ease of use by persons and other entities 
consistent with insulating and protecting 
the privacy and security of the underlying 
information; 
‘‘(ii) to respond to all inquiries made 
by such persons and entities on whether in-
dividuals are authorized to be employed and 
to register all times when such inquiries are 
not received; 
‘‘(iii) with appropriate administrative, 
technical, and physical safeguards to pre-
131 
vent unauthorized disclosure of personal in-
formation; and 
‘‘(iv) to have reasonable safeguards 
against the system’s resulting in unlawful 
discriminatory practices based on national 
origin or citizenship status, including— 
‘‘(I) the selective or unauthorized 
use of the system to verify eligibility; 
‘‘(II) the use of the system prior 
to an offer of employment; or 
‘‘(III) the exclusion of certain in-
dividuals from consideration for em-
ployment as a result of a perceived 
likelihood that additional verification 
will be required, beyond what is re-
quired for most job applicants. 
‘‘(E) RESPONSIBILITIES OF THE COMMIS-
SIONER OF SOCIAL SECURITY.—As part of the 
verification system, the Commissioner of Social 
Security, in consultation with the Secretary of 
Homeland Security (and any designee of the 
Secretary selected to establish and administer the 
verification system), shall establish a reliable, se-
cure method, which, within the time periods 
specified under subparagraphs (B) and (C), com-
132 
pares the name and social security account num-
ber provided in an inquiry against such infor-
mation maintained by the Commissioner in 
order to validate (or not validate) the informa-
tion provided regarding an individual whose 
identity and employment eligibility must be con-
firmed, the correspondence of the name and 
number, and whether the individual has pre-
sented a social security account number that is 
not valid for employment. The Commissioner 
shall not disclose or release social security infor-
mation 
(other 
than 
such 
verification 
or 
nonverification) except as provided for in this 
section or section 205(c)(2)(I) of the Social Secu-
rity Act. 
‘‘(F) RESPONSIBILITIES OF THE SECRETARY 
OF HOMELAND SECURITY.—(i) As part of the 
verification system, the Secretary of Homeland 
Security (in consultation with any designee of 
the Secretary selected to establish and administer 
the verification system), shall establish a reliable, 
secure method, which, within the time periods 
specified under subparagraphs (B) and (C), com-
pares the name and alien identification or au-
thorization number which are provided in an in-
133 
quiry against such information maintained by 
the Secretary in order to validate (or not vali-
date) the information provided, the correspond-
ence of the name and number, and whether the 
alien is authorized to be employed in the United 
States. 
‘‘(ii) When a single employer has submitted 
to the verification system pursuant to paragraph 
(3)(A) the identical social security account num-
ber in more than one instance, or when multiple 
employers have submitted to the verification sys-
tem pursuant to such paragraph the identical so-
cial security account number, in a manner 
which indicates the possible fraudulent use of 
that number, the Secretary of Homeland Secu-
rity shall conduct an investigation, within the 
time periods specified in subparagraphs (B) and 
(C), in order to ensure that no fraudulent use of 
a social security account number has taken 
place. If the Secretary has selected a designee to 
establish and administer the verification system, 
the designee shall notify the Secretary when a 
single employer has submitted to the verification 
system pursuant to paragraph (3)(A) the iden-
tical social security account number in more
134 
than one instance, or when multiple employers 
have submitted to the verification system pursu-
ant to such paragraph the identical social secu-
rity account number, in a manner which indi-
cates the possible fraudulent use of that number. 
The designee shall also provide the Secretary 
with all pertinent information, including the 
name and address of the employer or employers 
who submitted the relevant social security ac-
count number, the relevant social security ac-
count number submitted by the employer or em-
ployers, and the relevant name and date of birth 
of the employee submitted by the employer or 
employers. 
‘‘(G) UPDATING INFORMATION.—The Com-
missioner of Social Security and the Secretary of 
Homeland Security shall update their informa-
tion in a manner that promotes the maximum 
accuracy and shall provide a process for the 
prompt correction of erroneous information, in-
cluding instances in which it is brought to their 
attention in the secondary verification process 
described in subparagraph (C).
135 
‘‘(H) 
LIMITATION
ON
USE
OF
THE 
VERIFICATION SYSTEM AND ANY RELATED SYS-
TEMS.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
any other provision of law, nothing in this 
paragraph shall be construed to permit or 
allow any department, bureau, or other 
agency of the United States Government to 
utilize any information, data base, or other 
records assembled under this paragraph for 
any other purpose other than as provided 
for. 
‘‘(ii) NO
NATIONAL
IDENTIFICATION 
CARD.—Nothing in this paragraph shall be 
construed to authorize, directly or indi-
rectly, the issuance or use of national iden-
tification cards or the establishment of a 
national identification card. 
‘‘(I) FEDERAL TORT CLAIMS ACT.—If an in-
dividual alleges that the individual would not 
have been dismissed from a job but for an error 
of the verification mechanism, the individual 
may seek compensation only through the mecha-
nism of the Federal Tort Claims Act, and in-
136 
junctive relief to correct such error. No class ac-
tion may be brought under this subparagraph. 
‘‘(J) PROTECTION FROM LIABILITY FOR AC-
TIONS TAKEN ON THE BASIS OF INFORMATION.— 
No person or entity shall be civilly or criminally 
liable for any action taken in good faith reliance 
on information provided through the employment 
eligibility verification mechanism established 
under this paragraph.’’. 
(b) REPEAL OF PROVISION RELATING TO EVALUA-
TIONS AND CHANGES IN EMPLOYMENT VERIFICATION.— 
Section 274A(d) (8 U.S.C. 1324a(d)) is repealed. 
SEC. 702. EMPLOYMENT ELIGIBILITY VERIFICATION PROC-
ESS. 
Section 274A of the Immigration and Nationality Act 
(8 U.S.C. 1324a) is amended— 
(1) in subsection (a)(3), by inserting ‘‘(A)’’ after 
‘‘DEFENSE.—’’, and by adding at the end the fol-
lowing: 
‘‘(B) 
FAILURE
TO
SEEK
AND
OBTAIN 
VERIFICATION.—In the case of a person or entity in 
the United States that hires, or continues to employ, 
an individual, or recruits or refers an individual for 
employment, the following requirements apply: 
‘‘(i) FAILURE TO SEEK VERIFICATION.—
137 
‘‘(I) IN GENERAL.—If the person or en-
tity has not made an inquiry, under the 
mechanism established under subsection 
(b)(7), seeking verification of the identity 
and work eligibility of the individual, by 
not later than the end of 3 working days (as 
specified by the Secretary of Homeland Se-
curity) after the date of the hiring, the date 
specified in subsection (b)(8)(B) for pre-
viously hired individuals, or before the re-
cruiting or referring commences, the defense 
under subparagraph (A) shall not be consid-
ered to apply with respect to any employ-
ment, except as provided in subclause (II). 
‘‘(II) SPECIAL RULE FOR FAILURE OF 
VERIFICATION MECHANISM.—If such a per-
son or entity in good faith attempts to make 
an inquiry in order to qualify for the de-
fense under subparagraph (A) and the 
verification mechanism has registered that 
not all inquiries were responded to during 
the relevant time, the person or entity can 
make an inquiry until the end of the first 
subsequent working day in which the
138 
verification mechanism registers no non-
responses and qualify for such defense. 
‘‘(ii) FAILURE TO OBTAIN VERIFICATION.— 
If the person or entity has made the inquiry de-
scribed in clause (i)(I) but has not received an 
appropriate verification of such identity and 
work eligibility under such mechanism within 
the time period specified under subsection 
(b)(7)(B) after the time the verification inquiry 
was received, the defense under subparagraph 
(A) shall not be considered to apply with respect 
to any employment after the end of such time pe-
riod.’’; 
(2) by amending subparagraph (A) of subsection 
(b)(1) to read as follows: 
‘‘(A) IN GENERAL.—The person or entity 
must attest, under penalty of perjury and on a 
form designated or established by the Secretary 
by regulation, that it has verified that the indi-
vidual is not an unauthorized alien by— 
‘‘(i) obtaining from the individual the 
individual’s social security account number 
and recording the number on the form (if 
the individual claims to have been issued 
such a number), and, if the individual does
139 
not attest to United States citizenship 
under paragraph (2), obtaining such identi-
fication or authorization number established 
by the Department of Homeland Security 
for the alien as the Secretary of Homeland 
Security may specify, and recording such 
number on the form; and 
‘‘(ii)(I) examining a document de-
scribed in subparagraph (B); or (II) exam-
ining a document described in subpara-
graph (C) and a document described in sub-
paragraph (D). 
A person or entity has complied with the re-
quirement of this paragraph with respect to ex-
amination of a document if the document rea-
sonably appears on its face to be genuine, rea-
sonably appears to pertain to the individual 
whose identity and work eligibility is being 
verified, and, if the document bears an expira-
tion date, that expiration date has not elapsed. 
If an individual provides a document (or com-
bination of documents) that reasonably appears 
on its face to be genuine, reasonably appears to 
pertain to the individual whose identity and 
work eligibility is being verified, and is suffi-
140 
cient to meet the first sentence of this paragraph, 
nothing in this paragraph shall be construed as 
requiring the person or entity to solicit the pro-
duction of any other document or as requiring 
the individual to produce another document.’’; 
(3) in subsection (b)(1)(D)— 
(A) in clause (i), by striking ‘‘or such other 
personal identification information relating to 
the individual as the Attorney General finds, by 
regulation, sufficient for purposes of this sec-
tion’’; and 
(B) in clause (ii), by inserting before the 
period ‘‘and that contains a photograph of the 
individual’’; 
(4) in subsection (b)(2), by adding at the end the 
following: ‘‘The individual must also provide that in-
dividual’s social security account number (if the indi-
vidual claims to have been issued such a number), 
and, if the individual does not attest to United States 
citizenship under this paragraph, such identification 
or authorization number established by the Depart-
ment of Homeland Security for the alien as the Sec-
retary may specify.’’; and 
(5) by amending paragraph (3) of subsection (b) 
to read as follows:
141 
‘‘(3) RETENTION
OF
VERIFICATION
FORM
AND 
VERIFICATION.— 
‘‘(A) IN
GENERAL.—After completion of 
such form in accordance with paragraphs (1) 
and (2), the person or entity must— 
‘‘(i) retain a paper, microfiche, micro-
film, or electronic version of the form and 
make it available for inspection by officers 
of the Department of Homeland Security, 
the Special Counsel for Immigration-Re-
lated Unfair Employment Practices, or the 
Department of Labor during a period be-
ginning on the date of the hiring, recruit-
ing, or referral of the individual or the date 
of the completion of verification of a pre-
viously hired individual and ending— 
‘‘(I) in the case of the recruiting 
or referral of an individual, three 
years after the date of the recruiting or 
referral; 
‘‘(II) in the case of the hiring of 
an individual, the later of— 
‘‘(aa) three years after the 
date of such hiring; or
142 
‘‘(bb) one year after the date 
the individual’s employment is 
terminated; and 
‘‘(III) 
in 
the 
case 
of 
the 
verification of a previously hired indi-
vidual, the later of— 
‘‘(aa) three years after the 
date 
of 
the 
completion 
of 
verification; or 
‘‘(bb) one year after the date 
the individual’s employment is 
terminated; 
‘‘(ii) make an inquiry, as provided in 
paragraph (7), using the verification system 
to seek verification of the identity and em-
ployment eligibility of an individual, by 
not later than the end of 3 working days (as 
specified by the Secretary of Homeland Se-
curity) after the date of the hiring or in the 
case of previously hired individuals, the 
date specified in subsection (b)(8)(B), or be-
fore the recruiting or referring commences; 
and 
‘‘(iii) may not commence recruitment 
or referral of the individual until the person
143 
or entity receives verification under sub-
paragraph (B)(i) or (B)(iii). 
‘‘(B) VERIFICATION.— 
‘‘(i) VERIFICATION RECEIVED.—If the 
person or other entity receives an appro-
priate verification of an individual’s iden-
tity 
and 
work 
eligibility 
under 
the 
verification system within the time period 
specified, the person or entity shall record 
on the form an appropriate code that is 
provided under the system and that indi-
cates a final verification of such identity 
and work eligibility of the individual. 
‘‘(ii) TENTATIVE NONVERIFICATION RE-
CEIVED.—If the person or other entity re-
ceives a tentative nonverification of an in-
dividual’s identity or work eligibility under 
the verification system within the time pe-
riod specified, the person or entity shall so 
inform 
the 
individual 
for 
whom 
the 
verification is sought. If the individual does 
not contest the nonverification within the 
time period specified, the nonverification 
shall be considered final. The person or en-
tity shall then record on the form an appro-
144 
priate code which has been provided under 
the 
system 
to 
indicate 
a 
tentative 
nonverification. If the individual does con-
test the nonverification, the individual shall 
utilize the process for secondary verification 
provided 
under 
paragraph 
(7). 
The 
nonverification will remain tentative until 
a final verification or nonverification is 
provided by the verification system within 
the time period specified. In no case shall 
an employer terminate employment of an 
individual because of a failure of the indi-
vidual to have identity and work eligibility 
confirmed under this section until a 
nonverification becomes final. Nothing in 
this clause shall apply to a termination of 
employment for any reason other than be-
cause of such a failure. 
‘‘(iii) 
FINAL
VERIFICATION
OR 
NONVERIFICATION
RECEIVED.—If a final 
verification or nonverification is provided 
by the verification system regarding an in-
dividual, the person or entity shall record 
on the form an appropriate code that is 
provided under the system and that indi-
145 
cates a verification or nonverification of 
identity and work eligibility of the indi-
vidual. 
‘‘(iv) EXTENSION OF TIME.—If the per-
son or other entity in good faith attempts to 
make an inquiry during the time period 
specified and the verification system has 
registered that not all inquiries were re-
ceived during such time, the person or enti-
ty may make an inquiry in the first subse-
quent working day in which the verification 
system registers that it has received all in-
quiries. If the verification system cannot re-
ceive inquiries at all times during a day, 
the person or entity merely has to assert 
that the entity attempted to make the in-
quiry on that day for the previous sentence 
to apply to such an inquiry, and does not 
have to provide any additional proof con-
cerning such inquiry. 
‘‘(v) 
CONSEQUENCES
OF 
NONVERIFICATION.— 
‘‘(I) TERMINATION OR NOTIFICA-
TION OF CONTINUED EMPLOYMENT.—If 
the person or other entity has received
146 
a final nonverification regarding an 
individual, the person or entity may 
terminate employment of the indi-
vidual (or decline to recruit or refer 
the individual). If the person or entity 
does not terminate employment of the 
individual or proceeds to recruit or 
refer the individual, the person or enti-
ty shall notify the Secretary of Home-
land Security of such fact through the 
verification system or in such other 
manner as the Secretary may specify. 
‘‘(II) FAILURE TO NOTIFY.—If the 
person or entity fails to provide notice 
with respect to an individual as re-
quired under subclause (I), the failure 
is deemed to constitute a violation of 
subsection (a)(1)(A) with respect to 
that individual. 
‘‘(vi) CONTINUED EMPLOYMENT AFTER 
FINAL NONVERIFICATION.—If the person or 
other entity continues to employ (or to re-
cruit or refer) an individual after receiving 
final nonverification, a rebuttable presump-
147 
tion is created that the person or entity has 
violated subsection (a)(1)(A).’’. 
SEC. 
703. 
EXPANSION 
OF 
EMPLOYMENT 
ELIGIBILITY 
VERIFICATION 
SYSTEM 
TO 
PREVIOUSLY 
HIRED INDIVIDUALS AND RECRUITING AND 
REFERRING. 
(a) APPLICATION TO RECRUITING AND REFERRING.— 
Section 274A of the Immigration and Nationality Act (8 
U.S.C. 1324a) is amended— 
(1) in subsection (a)(1)(A), by striking ‘‘for a 
fee’’; 
(2) in subsection (a)(1), by amending subpara-
graph (B) to read as follows: 
‘‘(B) to hire, continue to employ, or to re-
cruit or refer for employment in the United 
States an individual without complying with the 
requirements of subsection (b).’’; 
(3) in subsection (a)(2) by striking ‘‘after hiring 
an alien for employment in accordance with para-
graph (1),’’ and inserting ‘‘after complying with 
paragraph (1),’’; and 
(4) in subsection (a)(3), as amended by section 
702, is further amended by striking ‘‘hiring,’’ and in-
serting ‘‘hiring, employing,’’ each place it appears.
148 
(b) EMPLOYMENT ELIGIBILITY VERIFICATION
FOR 
PREVIOUSLY HIRED INDIVIDUALS.—Section 274A(b) of 
such Act (8 U.S.C. 1324a(b)), as amended by section 
701(a), is amended by adding at the end the following new 
paragraph: 
‘‘(8) 
USE
OF
EMPLOYMENT
ELIGIBILITY 
VERIFICATION SYSTEM FOR PREVIOUSLY HIRED INDI-
VIDUALS.— 
‘‘(A) ON A VOLUNTARY BASIS.—Beginning 
on the date that is 2 years after the date of the 
enactment 
of 
the 
Border 
Protection, 
Antiterrorism, and Illegal Immigration Control 
Act of 2005 and until the date specified in sub-
paragraph (B)(iii), a person or entity may make 
an inquiry, as provided in paragraph (7), using 
the verification system to seek verification of the 
identity and employment eligibility of any indi-
vidual employed by the person or entity, as long 
as it is done on a nondiscriminatory basis. 
‘‘(B) ON A MANDATORY BASIS.— 
‘‘(i) A person or entity described in 
clause (ii) must make an inquiry as pro-
vided 
in 
paragraph 
(7), 
using 
the 
verification system to seek verification of the 
identity and employment eligibility of all
149 
individuals employed by the person or enti-
ty who have not been previously subject to 
an inquiry by the person or entity by the 
date three years after the date of enactment 
of the Border Protection, Antiterrorism, and 
Illegal Immigration Control Act of 2005. 
‘‘(ii) A person or entity is described in 
this clause if it is a Federal, State, or local 
governmental body (including the Armed 
Forces of the United States), or if it em-
ploys individuals working in a location 
that is a Federal, State, or local government 
building, a military base, a nuclear energy 
site, a weapon site, an airport, or that con-
tains critical infrastructure (as defined in 
section 1016(e) of the Critical Infrastruc-
ture Protection Act of 2001 (42 U.S.C. 
5195c(e))), but only to the extent of such in-
dividuals. 
‘‘(iii) All persons and entities other 
than those described in clause (ii) must 
make an inquiry, as provided in paragraph 
(7), using the verification system to seek 
verification of the identity and employment 
eligibility of all individuals employed by
150 
the person or entity who have not been pre-
viously subject to an inquiry by the person 
or entity by the date six years after the date 
of enactment of the Border Protection, 
Antiterrorism, and Illegal Immigration 
Control Act of 2005.’’. 
SEC. 704. BASIC PILOT PROGRAM. 
Section 401(b) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 
note) is amended by striking ‘‘at the end of the 11-year pe-
riod beginning on the first day the pilot program is in ef-
fect’’ and inserting ‘‘two years after the enactment of the 
Border Protection, Antiterrorism, and Illegal Immigration 
Control Act of 2005’’. 
SEC. 705. HIRING HALLS. 
Section 274A(h) of the Immigration and Nationality 
Act (8 U.S.C. 1324a(h)) is amended by adding at the end 
the following new paragraph: 
‘‘(4) DEFINITION OF RECRUIT OR REFER.—As 
used in this section, the term ‘refer’ means the act of 
sending or directing a person or transmitting docu-
mentation or information to another, directly or indi-
rectly, with the intent of obtaining employment in the 
United States for such person. Generally, only persons 
or entities referring for remuneration (whether on a
151 
retainer or contingency basis) are included in the def-
inition. However, union hiring halls that refer union 
members or nonunion individuals who pay union 
membership dues are included in the definition 
whether or not they receive remuneration, as are labor 
service agencies, whether public, private, for-profit, or 
nonprofit, that refer, dispatch, or otherwise facilitate 
the hiring of laborers for any period of time by a 
third party. As used in this section the term ‘recruit’ 
means the act of soliciting a person, directly or indi-
rectly, and referring the person to another with the 
intent of obtaining employment for that person. Gen-
erally, only persons or entities recruiting for remu-
nerations (whether on a retainer or contingency 
basis) are included in the definition. However, union 
hiring halls that refer union members or nonunion 
individuals who pay union membership dues are in-
cluded in this definition whether or not they receive 
remuneration, as are labor service agencies, whether 
public, private, for-profit, or nonprofit that recruit, 
dispatch, or otherwise facilitate the hiring of laborers 
for any period of time by a third party.’’. 
SEC. 706. PENALTIES. 
Section 274A of the Immigration and Nationality Act 
(8 U.S.C. 1324a) is amended—
152 
(1) in subsection (e)(4)— 
(A) in subparagraph (A), in the matter be-
fore clause (i), by inserting ‘‘, subject to para-
graph (10),’’ after ‘‘in an amount’’; 
(B) in subparagraph (A)(i), by striking 
‘‘not less than $250 and not more than $2,000’’ 
and inserting ‘‘not less than $5,000’’; 
(C) in subparagraph (A)(ii), by striking 
‘‘not less than $2,000 and not more than $5,000’’ 
and inserting ‘‘not less than $10,000’’; 
(D) in subparagraph (A)(iii), by striking 
‘‘not less than $3,000 and not more than 
$10,000’’ and inserting ‘‘not less than $25,000’’; 
and 
(E) by amending subparagraph (B) to read 
as follows: 
‘‘(B) may require the person or entity to 
take such other remedial action as is appro-
priate.’’; 
(2) in subsection (e)(5)— 
(A) by inserting ‘‘, subject to paragraph 
(10),’’ after ‘‘in an amount’’; 
(B) by striking ‘‘$100’’ and inserting 
‘‘$1,000’’;
153 
(C) by striking ‘‘$1,000’’ and inserting 
‘‘$25,000’’; 
(D) by striking ‘‘the size of the business of 
the employer being charged, the good faith of the 
employer’’ and inserting ‘‘the good faith of the 
employer being charged’’; and 
(E) by adding at the end the following sen-
tence: ‘‘Failure by a person or entity to utilize 
the employment eligibility verification system as 
required by law, or providing information to the 
system that the person or entity knows or reason-
ably believes to be false, shall be treated as a vio-
lation of subsection (a)(1)(A).’’; 
(3) by adding at the end of subsection (e) the fol-
lowing new paragraph: 
‘‘(10) MITIGATION OF CIVIL MONEY PENALTIES 
FOR SMALLER EMPLOYERS.—In the case of imposition 
of a civil penalty under paragraph (4)(A) with re-
spect to a violation of subsection (a)(1)(A) or (a)(2) 
for hiring or continuation of employment by an em-
ployer and in the case of imposition of a civil penalty 
under paragraph (5) for a violation of subsection 
(a)(1)(B) for hiring by an employer, the dollar 
amounts otherwise specified in the respective para-
graph shall be reduced as follows:
154 
‘‘(A) In the case of an employer with an av-
erage of fewer than 26 full-time equivalent em-
ployees (as defined by the Secretary of Homeland 
Security), the amounts shall be reduced by 60 
percent. 
‘‘(B) In the case of an employer with an av-
erage of at least 26, but fewer than 101, full-time 
equivalent 
employees 
(as 
so 
defined), 
the 
amounts shall be reduced by 40 percent. 
‘‘(C) In the case of an employer with an av-
erage of at least 101, but fewer than 251, full- 
time equivalent employees (as so defined), the 
amounts shall be reduced by 20 percent. 
The last sentence of paragraph (4) shall apply under 
this paragraph in the same manner as it applies 
under such paragraph.’’. 
(4) by amending paragraph (1) of subsection (f) 
to read as follows: 
‘‘(1) CRIMINAL PENALTY.—Any person or entity 
which engages in a pattern or practice of violations 
of subsection (a)(1) or (2) shall be fined not more 
than $50,000 for each unauthorized alien with respect 
to which such a violation occurs, imprisoned for not 
less than one year, or both, notwithstanding the pro-
155 
visions of any other Federal law relating to fine lev-
els.’’; and 
(5) in subsection (f)(2), by striking ‘‘Attorney 
General’’ each place it appears and inserting ‘‘Sec-
retary of Homeland Security’’. 
SEC. 707. REPORT ON SOCIAL SECURITY CARD-BASED EM-
PLOYMENT ELIGIBILITY VERIFICATION. 
(a) REPORT.— 
(1) IN GENERAL.—Not later than than 9 months 
after the date of the enactment of this Act, the Com-
missioner of Social Security, in consultation with the 
Secretary of Treasury, the Secretary of Homeland Se-
curity, and the Attorney General, shall submit a re-
port to Congress that includes an evaluation of the 
following requirements and changes: 
(A) A requirement that social security cards 
that are made of a durable plastic or similar 
material and that include an encrypted, ma-
chine-readable electronic identification strip and 
a digital photograph of the individual to whom 
the card is issued, be issued to each individual 
(whether or not a United States citizen) who— 
(i) is authorized to be employed in the 
United States;
156 
(ii) is seeking employment in the 
United States; and 
(iii) files an application for such card, 
whether as a replacement of an existing so-
cial security card or as a card issued in 
connection with the issuance of a new social 
security account number. 
(B) The creation of a unified database to be 
maintained by the Department of Homeland Se-
curity and comprised of data from the Social Se-
curity Administration and the Department of 
Homeland Security specifying the work author-
ization of individuals (including both United 
States citizens and noncitizens) for the purpose 
of conducting employment eligibility verification. 
(C) A requirement that all employers verify 
the employment eligibility of all new hires using 
the social security cards described in subpara-
graph (A) and a phone, electronic card-reading, 
or other mechanism to seek verification of em-
ployment eligibility through the use of the uni-
fied database described in subparagraph (B). 
(2) ITEMS INCLUDED IN REPORT.—The report 
under paragraph (1) shall include an evaluation of 
each of the following:
157 
(A) Projected cost, including the cost to the 
Federal government, State and local govern-
ments, and the private sector. 
(B) Administrability. 
(C) Potential effects on— 
(i) employers; 
(ii) employees, including employees 
who are United States citizens as well as 
those that are not citizens; 
(iii) tax revenue; and 
(iv) privacy. 
(D) The extent to which employer and em-
ployee compliance with immigration laws would 
be expected to improve. 
(E) Any other relevant information. 
(3) ALTERNATIVES.—The report under para-
graph (1) also shall examine any alternatives to 
achieve the same goals as the requirements and 
changes described in paragraph (1) but that involve 
lesser cost, lesser burden on those affected, or greater 
ease of administration. 
(b) INSPECTOR GENERAL REVIEW.—Not later than 3 
months after the report is submitted under subsection (a), 
the Inspector General of the Social Security Administra-
tion, in consultation with the Inspectors General of the De-
158 
partment of Treasury, the Department of Homeland Secu-
rity, and the Department of Justice, shall send to the Con-
gress an evaluation of the such report. 
SEC. 708. EFFECTIVE DATE. 
This title and the amendments made by this title shall 
take effect on the date of enactment of this Act, except that 
the requirements of persons and entities to comply with the 
employment eligibility verification process takes effect on 
the date that is two years after such date. 
TITLE VIII—IMMIGRATION 
LITIGATION ABUSE REDUCTION 
SEC. 801. BOARD OF IMMIGRATION APPEALS REMOVAL 
ORDER AUTHORITY. 
(a) IN GENERAL.—Section 101(a)(47) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(47)) is amend-
ed to read as follows: 
‘‘(47)(A) The term ‘order of removal’ means the order 
of the immigration judge, the Board of Immigration Ap-
peals, or other administrative officer to whom the Attorney 
General or the Secretary of Homeland Security has dele-
gated the responsibility for determining whether an alien 
is removable, concluding that the alien is removable or or-
dering removal. 
‘‘(B) The order described under subparagraph (A) shall 
become final upon the earliest of—
159 
‘‘(i) a determination by the Board of Immigra-
tion Appeals affirming such order; 
‘‘(ii) the entry by the Board of Immigration Ap-
peals of such order; 
‘‘(iii) the expiration of the period in which any 
party is permitted to seek review of such order by the 
Board of Immigration Appeals; 
‘‘(iv) the entry by an immigration judge of such 
order, if appeal is waived by all parties; or 
‘‘(v) the entry by another administrative officer 
of such order, at the conclusion of a process as author-
ized by law other than under section 240.’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the date of the enactment 
of this Act and shall apply to ordered entered before, on, 
or after such date. 
SEC. 802. JUDICIAL REVIEW OF VISA REVOCATION. 
(a) IN GENERAL.—Section 221(i) of the Immigration 
and Nationality Act (8 U.S.C. 1201(i)) is amended by 
amending the last sentence to read as follows: ‘‘Notwith-
standing any other provision of law (statutory or nonstatu-
tory), including section 2241 of title 28, United States Code, 
or any other habeas corpus provision, and sections 1361 
and 1651 of such title, a revocation under this subsection 
may not be reviewed by any court, and no court shall have
160 
jurisdiction to hear any claim arising from, or any chal-
lenge to, such a revocation.’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the date of the enactment 
of this Act and shall apply to visa revocations effected be-
fore, on, or after such date. 
SEC. 803. REINSTATEMENT. 
(a) IN GENERAL.—Section 241(a)(5) of the Immigra-
tion and Nationality Act (8 U.S.C. 1231(a)(5)) is amended 
to read as follows: 
‘‘(5) REINSTATEMENT
OF
REMOVAL
ORDERS 
AGAINST
ALIENS
ILLEGALLY
REENTERING.—If the 
Secretary of Homeland Security finds that an alien 
has entered the United States illegally after having 
been removed or having departed voluntarily, under 
an order of removal, deportation, or exclusion, regard-
less of the date of the original order or the date of the 
illegal entry— 
‘‘(A) the order of removal, deportation, or 
exclusion is reinstated from its original date and 
is not subject to being reopened or reviewed; 
‘‘(B) the alien is not eligible and may not 
apply for any relief under this Act, regardless of 
the date that an application for such relief may 
have been filed; and
161 
‘‘(C) the alien shall be removed under the 
order of removal, deportation, or exclusion at 
any time after the illegal entry. 
Reinstatement under this paragraph shall not require 
proceedings before an immigration judge under sec-
tion 240 or otherwise.’’. 
(b) JUDICIAL REVIEW.—Section 242 of the Immigra-
tion and Nationality Act (8 U.S.C. 1252) is amended by 
adding at the end the following new subsection: 
‘‘(h) JUDICIAL REVIEW OF REINSTATEMENT UNDER 
SECTION 241(a)(5).— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law (statutory or nonstatutory), includ-
ing section 2241 of title 28, United States Code, or 
any other habeas corpus provision, sections 1361 and 
1651 of such title, or subsection (a)(2)(D) of this sec-
tion, no court shall have jurisdiction to review any 
cause or claim arising from or relating to any rein-
statement under section 241(a)(5) (including any 
challenge to the reinstated order), except as provided 
in paragraph (2) or (3). 
‘‘(2) CHALLENGES IN COURT OF APPEALS FOR 
DISTRICT OF COLUMBIA TO VALIDITY OF THE SYSTEM, 
ITS IMPLEMENTATION, AND RELATED INDIVIDUAL DE-
TERMINATIONS.—
162 
‘‘(A) IN GENERAL.—Judicial review of de-
terminations under section 241(a)(5) and its im-
plementation is available in an action instituted 
in the United States Court of Appeals for the 
District of Columbia Circuit, but shall be lim-
ited, except as provided in subparagraph (B), to 
the following determinations: 
‘‘(i) Whether such section, or any regu-
lation issued to implement such section, is 
constitutional. 
‘‘(ii) Whether such a regulation, or a 
written policy directive, written policy 
guideline, or written procedure issued by or 
under the authority of the Attorney General 
or the Secretary of Homeland Security to 
implement such section, is not consistent 
with applicable provisions of this Act or is 
otherwise in violation of a statute or the 
Constitution. 
‘‘(B) RELATED
INDIVIDUAL
DETERMINA-
TIONS.—If a person raises an action under sub-
paragraph (A), the person may also raise in the 
same action the following issues: 
‘‘(i) Whether the petitioner is an alien.
163 
‘‘(ii) Whether the petitioner was pre-
viously ordered removed or deported, or ex-
cluded. 
‘‘(iii) Whether the petitioner has since 
illegally entered the United States. 
‘‘(C) DEADLINES FOR BRINGING ACTIONS.— 
Any action instituted under this paragraph 
must be filed no later than 60 days after the date 
the challenged section, regulation, directive, 
guideline, or procedure described in clause (i) or 
(ii) of subparagraph (A) is first implemented. 
‘‘(3) INDIVIDUAL DETERMINATIONS UNDER SEC-
TION
242(a).—Judicial review of determinations 
under section 241(a)(5) is available in an action 
under subsection (a) of this section, but shall be lim-
ited to determinations of— 
‘‘(A) whether the petitioner is an alien; 
‘‘(B) whether the petitioner was previously 
ordered removed, deported, or excluded; and 
‘‘(C) whether the petitioner has since ille-
gally entered the United States. 
‘‘(4) SINGLE ACTION.—A person who files an ac-
tion under paragraph (2) may not file a separate ac-
tion under paragraph (3). A person who files an ac-
164 
tion under paragraph (3) may not file an action 
under paragraph (2).’’. 
(c) EFFECTIVE DATE.—The amendments made by sub-
sections (a) and (b) shall take effect as if enacted on April 
1, 1997, and shall apply to all orders reinstated on or after 
that date by the Secretary of Homeland Security (or by 
the Attorney General prior to March 1, 2003), regardless 
of the date of the original order. 
SEC. 804. WITHHOLDING OF REMOVAL. 
(a) IN GENERAL.—Section 241(b)(3) of the Immigra-
tion and Nationality Act (8 U.S.C 1231(b)(3)) is amend-
ed— 
(1) in subparagraph (A), by adding at the end 
the following: ‘‘The burden of proof is on the alien to 
establish that the alien’s life or freedom would be 
threatened in that country, and that race, religion, 
nationality, membership in a particular social group, 
or political opinion would be at least one central rea-
son for such threat.’’; and 
(2) in subparagraph (C), by striking ‘‘In deter-
mining whether an alien has demonstrated that the 
alien’s life or freedom would be threatened for a rea-
son described in subparagraph (A)’’ and inserting 
‘‘For purposes of this paragraph’’.
165 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect as if included in the enactment 
of section 101(c) of the REAL ID Act of 2005 (division B 
of Public Law 109–13). 
SEC. 805. CERTIFICATE OF REVIEWABILITY. 
(a) ALIEN’S BRIEF.—Section 242(b)(3)(C) of the Im-
migration and Nationality Act (8 U.S.C. 1252(b)(3)(C)) is 
amended to read as follows: 
‘‘(C) ALIEN’S BRIEF.—The alien shall serve 
and file a brief in connection with a petition for 
judicial review not later than 40 days after the 
date on which the administrative record is avail-
able. The court may not extend this deadline ex-
cept upon motion for good cause shown. If an 
alien fails to file a brief within the time pro-
vided in this paragraph, the court shall dismiss 
the appeal unless a manifest injustice would re-
sult.’’. 
(b) 
CERTIFICATE
OF
REVIEWABILITY.—Section 
242(b)(3) of such Act (8 U.S.C. 1252 (b)(3)) is amended 
by adding at the end the following new subparagraphs: 
‘‘(D) CERTIFICATE.— 
‘‘(i) After the alien has filed the alien’s 
brief, the petition for review shall be as-
signed to a single court of appeals judge.
166 
‘‘(ii) Unless that court of appeals judge 
or a circuit justice issues a certificate of 
reviewability, the petition for review shall 
be denied and the government shall not file 
a brief. 
‘‘(iii) A certificate of reviewability 
may issue under clause (ii) only if the alien 
has made a substantial showing that the pe-
tition for review is likely to be granted. 
‘‘(iv) The court of appeals judge or cir-
cuit justice shall complete all action on such 
certificate, including rendering judgment, 
not later than 60 days after the date on 
which the judge or circuit justice was as-
signed the petition for review, unless an ex-
tension is granted under clause (v). 
‘‘(v) The judge or circuit justice may 
grant, on the judge’s or justice’s own motion 
or on the motion of a party, an extension 
of the 60-day period described in clause (iv) 
if— 
‘‘(I) all parties to the proceeding 
agree to such extension; or 
‘‘(II) such extension is for good 
cause shown or in the interests of jus-
167 
tice, and the judge or circuit justice 
states the grounds for the extension 
with specificity. 
‘‘(vi) If no certificate of reviewability 
is issued before the end of the period de-
scribed in clause (iv), including any exten-
sion under clause (v), the petition for re-
view shall be deemed denied, any stay or in-
junction on petitioner’s removal shall be 
dissolved without further action by the court 
or the government, and the alien may be re-
moved. 
‘‘(vii) If a certificate of reviewability is 
issued under clause (ii), the Government 
shall be afforded an opportunity to file a 
brief in response to the alien’s brief. The 
alien may serve and file a reply brief not 
later than 14 days after service of the Gov-
ernment’s brief, and the court may not ex-
tend this deadline except upon motion for 
good cause shown. 
‘‘(E) NO FURTHER REVIEW OF THE COURT 
OF APPEALS JUDGE’S DECISION NOT TO ISSUE A 
CERTIFICATE
OF
REVIEWABILITY.—The single 
court of appeals judge’s decision not to issue a
168 
certificate of reviewability, or the denial of a pe-
tition under subparagraph (D)(vi), shall be the 
final decision for the court of appeals and shall 
not be reconsidered, reviewed, or reversed by the 
court of appeals through any mechanism or pro-
cedure.’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall apply to petitions filed on or after the date 
that is 60 days after the date of the enactment of this Act. 
SEC. 806. WAIVER OF RIGHTS IN NONIMMIGRANT VISA 
ISSUANCE. 
(a) IN GENERAL.—Section 221(a) of the Immigration 
and Nationality Act (8 U.S.C. 1201(a)) is amended by add-
ing at the end the following new paragraph: 
‘‘(3) An alien may not be issued a nonimmigrant visa 
unless the alien has waived any right— 
‘‘(A) to review or appeal under this Act of an 
immigration officer’s determination as to the inad-
missibility of the alien at the port of entry into the 
United States; or 
‘‘(B) to contest, other than on the basis of an ap-
plication for asylum, any action for removal of the 
alien.’’.
169 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall apply to visas issued on or after the date 
that is 90 days after the date of the enactment of this Act.
Union Calendar No. 192 
109TH CONGRESS 
1ST SESSION 
H. R. 4437 
[Report No. 109–345, Part I] 
A BILL 
To amend the Immigration and Nationality Act to 
strengthen enforcement of the immigration laws, 
to enhance border security, and for other pur-
poses. 
DECEMBER 14, 2005 
The Committees on Education and the Workforce and 
Ways and Means discharged; committed to the Com-
mittee of the Whole House on the State of the Union 
and ordered to be printed