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(c) WAIVER AUTHORITY.—Section 212(h) of such 
Act (8 U.S.C. 1182(h)) is amended— 
(1) by striking ‘‘The Attorney General may, in 
his discretion, waive the application of subpara-
graphs (A)(i)(I), (B), (D), and (E) of subsection 
(a)(2)’’ and inserting ‘‘The Attorney General or the 
Secretary of Homeland Security may, in the discre-
tion of the Attorney General or such Secretary, 
waive the application of subparagraph (A)(i)(I), 
(A)(i)(III), (B), (D), (E), (K), and (L) of subsection 
(a)(2)’’; 
(2) in paragraphs (1)(A) and (1)(B) and the 
last sentence, by inserting ‘‘or the Secretary’’ after 
‘‘Attorney General’’ each place it appears; 
(3) in paragraph (2), by striking ‘‘Attorney 
General, in his discretion,’’ and inserting ‘‘Attorney 
General or the Secretary of Homeland Security, in 
the discretion of the Attorney General or such Sec-
retary,’’; 
(4) in paragraph (2), by striking ‘‘as he’’ and 
inserting ‘‘as the Attorney General or the Sec-
retary’’; 
(5) in the second sentence, by striking ‘‘crimi-
nal acts involving torture’’ and inserting ‘‘criminal 
acts involving torture, or an aggravated felony’’; and
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(6) in the third sentence, by striking ‘‘if either 
since the date of such admission the alien has been 
convicted of an aggravated felony or the alien’’ and 
inserting ‘‘if since the date of such admission the 
alien’’. 
(d) CONSTRUCTION.—The amendments made by this 
section shall not be construed to create eligibility for relief 
from removal under section 212(c) of the Immigration and 
Nationality Act, as in effect before its repeal by section 
304(b) of the Immigration Reform and Immigrant Re-
sponsibility Act of 1996 (division C of Public Law 104– 
208), where such eligibility did not exist before these 
amendments became effective. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall apply to— 
(1) any act that occurred before, on, or after 
the date of the enactment of this Act; and 
(2) to all aliens who are required to establish 
admissibility on or after the such date, and in all re-
moval, deportation, or exclusion proceedings that are 
filed, pending, or reopened, on or after such date. 
SEC. 605. PRECLUDING REFUGEE OR ASYLEE ADJUSTMENT 
OF STATUS FOR AGGRAVATED FELONIES. 
(a) IN GENERAL.—Section 209(c) of the Immigration 
and Nationality Act (8 U.S.C. 1159(c)) is amended by
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adding at the end the following: ‘‘However, an alien who 
is convicted of an aggravated felony is not eligible for a 
waiver or for adjustment of status under this section.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply— 
(1) to any act that occurred before, on, or after 
the date of the enactment of this Act; and 
(2) to all aliens who are required to establish 
admissibility on or after such date, and in all re-
moval, deportation, or exclusion proceedings that are 
filed, pending, or reopened, on or after such date. 
SEC. 606. REMOVING DRUNK DRIVERS. 
(a) IN GENERAL.—Section 236 of the Immigration 
and Nationality Act (8 U.S.C. 1226) is amended— 
(1) in subsection (c)(1)— 
(A) in subparagraph (C), by striking ‘‘or’’ 
at the end; 
(B) in subparagraph (D), by inserting 
‘‘or’’ at the end; and 
(C) by inserting after subparagraph (D) 
the following new subparagraph: 
‘‘(E) is unlawfully present in the United 
States and who is deportable on any grounds 
and is apprehended for any offense described in 
section 237(a)(2)(F) by a State or local law en-
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forcement officer covered under an agreement 
under section 287(g),’’; 
(2) by redesignating subsection (e) as sub-
section (f); and 
(3) by inserting after subsection (d) the fol-
lowing new subsection: 
‘‘(e) DRIVING WHILE INTOXICATED.—If a State or 
local law enforcement officer apprehends an individual for 
an offense described in section 237(a)(2)(F) and the offi-
cer has reasonable ground to believe that the individual 
is an alien— 
‘‘(1) the officer shall verify with the databases 
of the Federal Government, including the National 
Criminal Information Center and the Law Enforce-
ment Support Center, whether the individual is an 
alien and whether such alien is unlawfully present in 
the United States; and 
‘‘(2) if any such database— 
‘‘(A) indicates that the individual is an 
alien unlawfully present in the United States— 
‘‘(i) an officer covered under an agree-
ment under section 287(g) is authorized to 
issue a Federal detainer to maintain the 
alien in custody in accordance with such 
agreement until the alien is convicted for
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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.—
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(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.
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(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
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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.
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(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-
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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
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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