I 
115TH CONGRESS 
1ST SESSION H. R. 2431 
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 
MAY 16, 2017 
Mr. LABRADOR (for himself, Mr. GOODLATTE, Mr. COLLINS of Georgia, Mr. 
SMITH of Texas, Mr. CARTER of Texas, and Mr. POE of Texas) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary, and in addition to the Committees on Foreign Affairs, and 
Homeland Security, for a period to be subsequently 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 ‘‘Michael Davis, Jr. and 
Danny Oliver in Honor of State and Local Law Enforce-
ment 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 noncompliance with enforcement of immigration law. 
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. 
Sec. 208. Revocation or denial of passports and passport cards to terrorists. 
Sec. 209. Clarification of terrorism definitions. 
TITLE III—REMOVAL OF CRIMINAL ALIENS 
Sec. 301. Definition of aggravated felony. 
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. 
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Sec. 307. Precluding asylee and refugee adjustment of status for certain 
grounds of inadmissibility and deportability. 
Sec. 308. Precluding withholding of removal for aggravated felons. 
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. Penalties for illegal entry or presence. 
Sec. 315. Illegal reentry. 
Sec. 316. Reform of passport, visa, and immigration fraud offenses. 
Sec. 317. Forfeiture. 
Sec. 318. Expedited removal for aliens inadmissible on criminal or security 
grounds. 
Sec. 319. Increased penalties barring the admission of convicted sex offenders 
failing to register and requiring deportation of sex offenders 
failing to register. 
Sec. 320. Protecting immigrants from convicted sex offenders. 
Sec. 321. Clarification to crimes of violence and crimes involving moral turpi-
tude. 
Sec. 322. Penalties for failure to obey removal orders. 
Sec. 323. Pardons. 
Sec. 324. Convictions. 
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. Petition and application processing for visas and immigration bene-
fits. 
Sec. 407. Fraud prevention. 
Sec. 408. Visa Security Program. 
TITLE V—AID TO IMMIGRATION AND CUSTOMS ENFORCEMENT 
OFFICERS 
Sec. 501. ICE deportation officers. 
Sec. 502. ICE detention enforcement officers. 
Sec. 503. Ensuring the safety of ICE officers. 
Sec. 504. ICE Advisory Council. 
Sec. 505. Pilot program for electronic field processing. 
Sec. 506. Additional ICE deportation officers and support staff. 
Sec. 507. Additional ICE prosecutors. 
TITLE VI—MISCELLANEOUS ENFORCEMENT PROVISIONS 
Sec. 601. Timely repatriation. 
Sec. 602. Encouraging aliens to depart voluntarily. 
Sec. 603. Deterring aliens ordered removed from remaining in the United 
States unlawfully. 
Sec. 604. Reinstatement of removal orders. 
Sec. 605. Attorney General’s discretion in determining countries of removal. 
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Sec. 606. Statute of limitations for fraud offenses involving certain human 
rights violations or war crimes. 
Sec. 607. Clarification with respect to definition of admission. 
Sec. 608. Temporary protected status designation. 
Sec. 609. Information on foreign crimes. 
Sec. 610. Clarification of standards for family detention. 
Sec. 611. Reports to Congress on the exercise and abuse of prosecutorial discre-
tion. 
Sec. 612. Clarifying rescission of adjustment of status. 
Sec. 613. GAO study on deaths in custody. 
Sec. 614. Removal proceedings. 
Sec. 615. Proper filing of income taxes required for good moral character. 
Sec. 616. Waiver of rights by B visa nonimmigrants. 
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 (without 
regard to ancillary issues such as the availability of proba-
tion or pardon). States, or political subdivisions of States, 
may enact, implement and enforce civil penalties that pe-
nalize the same conduct that is prohibited in the civil pro-
visions 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.—Subject to 
section 274A(h)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1324a(h)(2)), law enforcement personnel of 
a State, or of a political subdivision of a State, may inves-
tigate, identify, apprehend, arrest, detain, 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 
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personnel of a State, or of a political subdivision of a 
State, may also investigate, identify, apprehend, arrest, or 
detain aliens for the purposes of enforcing 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 personnel of a State, or of a po-
litical subdivision of a State, may not admit aliens to or 
remove them 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 violated the terms or 
conditions of the alien’s admission or parole into the 
United States or is unlawfully present in the United 
States (as defined in section 212(a)(9)(B)(ii) of the Immi-
gration and Nationality Act (8 U.S.C. 1182(a)(9)(B)(ii)) 
subject 
to 
the 
exceptions 
set 
forth 
in 
section 
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212(a)(9)(B)(iii) 
of 
the 
Act 
(8 
U.S.C. 
1182(a)(9)(B)(iii))), and any alien whose visa 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 has received notice of a final order 
of removal; 
(2) the alien has already been removed; or 
(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 (as defined in section 101(a)(17) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
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1101(a)(17))), regardless of whether any such alien 
has received notice of the violations or whether suffi-
cient identifying information is available with respect 
to any such alien or whether any such alien has al-
ready 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. 
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 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) 
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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. 
(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. 
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(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). 
(e) 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. 
(f) 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-
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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. 
(b) ELIGIBILITY.—To be eligible to receive a grant 
under this section, a State, or a political subdivision of 
a State shall have a written 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 en-
forcement duties of such State or political subdivision of 
a State. Entities covered under this section may not have 
any policy or practice that is in violation of section 642 
of the Illegal Immigration Reform and Immigrant Respon-
sibility Act of 1996 (8 U.S.C. 1373). 
(c) 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.— 
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(1) IN
GENERAL.—The Secretary shall con-
struct or acquire, in addition to existing facilities for 
the detention of aliens, detention facilities in the 
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 the 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) 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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‘‘(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-
throw of, the Government of the United 
States by force, violence, or other unlawful 
means; 
is inadmissible.’’. 
SEC. 304. PROHIBITION OF THE SALE OF FIREARMS TO, OR 
THE POSSESSION OF FIREARMS BY, CERTAIN 
ALIENS. 
Section 922 of title 18, United States Code, is 
amended— 
(1) in subsection (d)(5), in subparagraph (B), 
by striking ‘‘(y)(2)’’ and all that follows and insert-
ing ‘‘(y), is in the United States not as an alien law-
fully admitted for permanent residence;’’; 
(2) in subsection (g)(5), in subparagraph (B), 
by striking ‘‘(y)(2)’’ and all that follows and insert-
ing ‘‘(y), is in the United States not as an alien law-
fully admitted for permanent residence;’’; and 
(3) in subsection (y)— 
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