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days beyond the removal period (including any 
extension of the removal period as provided in 
subsection (a)(1)(C)). 
‘‘(B) EXTENSION.— 
‘‘(i) IN GENERAL.—The Secretary in 
the exercise of discretion, without any limi-
tations other than those specified in this 
section, may continue to detain an alien 
beyond the 90 days authorized in subpara-
graph (A)— 
‘‘(I) until the alien is removed if 
the conditions described in subpara-
graph (A) or (B) of paragraph (4) 
apply; or 
‘‘(II) pending a determination as 
provided in subparagraph (C) of para-
graph (4).’’ 
‘‘(ii) RENEWAL.—The Secretary may 
renew a certification under paragraph 
(4)(B) every six months without limitation, 
after providing an opportunity for the alien 
to request reconsideration of the certifi-
cation and to submit documents or other 
evidence in support of that request. If the 
Secretary does not renew a certification,
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the Secretary may not continue to detain 
the alien under such paragraph. 
‘‘(iii) DELEGATION.—Notwithstanding 
section 103, the Secretary may not dele-
gate the authority to make or renew a cer-
tification described in clause (ii), (iii), or 
(v) of paragraph (4)(B) below the level of 
the Assistant Secretary for Immigration 
and Customs Enforcement. 
‘‘(iv) HEARING.—The Secretary may 
request that the Attorney General provide 
for a hearing to make the determination 
described in clause (iv)(II) of paragraph 
(4)(B). 
‘‘(4) CONDITIONS FOR EXTENSION.—The condi-
tions for continuation of detention are any of the fol-
lowing: 
‘‘(A) The Secretary determines that there 
is a significant likelihood that the alien— 
‘‘(i) will be removed in the reasonably 
foreseeable future; or 
‘‘(ii) would be removed in the reason-
ably foreseeable future, or would have been 
removed, but for the alien’s failure or re-
fusal to make all reasonable efforts to com-
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ply with the removal order, or to fully co-
operate with the Secretary’s efforts to es-
tablish the alien’s identity and carry out 
the removal order, including making timely 
application in good faith for travel or other 
documents necessary to the alien’s depar-
ture, or conspiracies or acts to prevent re-
moval. 
‘‘(B) The Secretary certifies in writing any 
of the following: 
‘‘(i) In consultation with the Secretary 
of Health and Human Services, the alien 
has a highly contagious disease that poses 
a threat to public safety. 
‘‘(ii) After receipt of a written rec-
ommendation from the Secretary of State, 
the release of the alien is likely to have se-
rious adverse foreign policy consequences 
for the United States. 
‘‘(iii) Based on information available 
to the Secretary (including available infor-
mation from the intelligence community, 
and without regard to the grounds upon 
which the alien was ordered removed), 
there is reason to believe that the release
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of the alien would threaten the national se-
curity of the United States. 
‘‘(iv) The release of the alien will 
threaten the safety of the community or 
any person, the conditions of release can-
not reasonably be expected to ensure the 
safety of the community or any person, 
and— 
‘‘(I) the alien has been convicted 
of one or more aggravated felonies de-
scribed in section 101(a)(43)(A) or of 
one or more crimes identified by the 
Secretary by regulation, or of one or 
more attempts or conspiracies to com-
mit any such aggravated felonies or 
such crimes, for an aggregate term of 
imprisonment of at least five years; or 
‘‘(II) the alien has committed one 
or more crimes of violence and, be-
cause of a mental condition or person-
ality disorder and behavior associated 
with that condition or disorder, the 
alien is likely to engage in acts of vio-
lence in the future.
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‘‘(v) The release of the alien will 
threaten the safety of the community or 
any person, conditions of release cannot 
reasonably be expected to ensure the safety 
of the community or any person, and the 
alien has been convicted of at least one ag-
gravated felony. 
‘‘(C) Pending a determination under sub-
paragraph (B), so long as the Secretary has ini-
tiated the administrative review process no later 
than 30 days after the expiration of the removal 
period (including any extension of the removal 
period as provided in subsection (a)(1)(C)). 
‘‘(5) RELEASE ON CONDITIONS.—If it is deter-
mined that an alien should be released from deten-
tion, the Secretary in the exercise of discretion may 
impose conditions on release as provided in sub-
section (a)(3). 
‘‘(6) REDETENTION.—The Secretary in the ex-
ercise of discretion, without any limitations other 
than those specified in this section, may again de-
tain any alien subject to a final removal order who 
is released from custody if the alien fails to comply 
with the conditions of release or to cooperate in the 
alien’s removal from the United States, or if, upon
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reconsideration, the Secretary determines that the 
alien can be detained under paragraph (1). Para-
graphs (6) through (8) of subsection (a) shall apply 
to any alien returned to custody pursuant to this 
paragraph, as if the removal period terminated on 
the day of the redetention. 
‘‘(7) 
CERTAIN
ALIENS
WHO
EFFECTED 
ENTRY.—If an alien has effected an entry into the 
United States but has neither been lawfully admitted 
nor physically present in the United States continu-
ously for the 2-year period immediately prior to the 
commencement of removal proceedings under this 
Act or deportation proceedings against the alien, the 
Secretary in the exercise of discretion may decide 
not to apply subsection (a)(8) and this subsection 
and may detain the alien without any limitations ex-
cept those imposed by regulation.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect upon the date of enactment 
of this Act, and section 241 of the Immigration and Na-
tionality Act, as amended, shall apply to— 
(1) all aliens subject to a final administrative 
removal, deportation, or exclusion order that was 
issued before, on, or after the date of enactment of 
this Act; and
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(2) acts and conditions occurring or existing be-
fore, on, or after the date of enactment of this Act. 
SEC. 603. INCREASE IN CRIMINAL PENALTIES. 
Section 243 of the Immigration and Nationality Act 
(8 U.S.C. 1253) is amended— 
(1) in subsection (a)(1)— 
(A) in the matter before subparagraph (A), 
by 
inserting 
‘‘or 
212(a)’’ 
after 
‘‘section 
237(a)’’; and 
(B) by striking ‘‘imprisoned not more than 
four years’’ and inserting ‘‘imprisoned for not 
less than six months or more than five years’’; 
and 
(2) in subsection (b)— 
(A) by striking ‘‘not more than $1,000’’ 
and inserting ‘‘under title 18, United States 
Code’’; and 
(B) by striking ‘‘for not more than one 
year’’ and inserting ‘‘for not less than six 
months or more than five years (or 10 years if 
the alien is a member of any class described in 
paragraph (1)(E), (2), (3), or (4) of section 
237(a)’’.
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SEC. 604. PRECLUDING ADMISSIBILITY OF AGGRAVATED 
FELONS AND OTHER CRIMINALS. 
(a) EXCLUSION BASED
ON FRAUDULENT DOCU-
MENTATION.—Section 212(a)(2)(A)(i) of the Immigration 
and Nationality Act (8 U.S.C. 1182(a)(2)(A)(i)) is amend-
ed— 
(1) in subclause (I), by striking ‘‘or’’ at the 
end; 
(2) in subclause (II), by adding ‘‘or’’ at the 
end; and 
(3) by inserting after subclause (II) the fol-
lowing new subclause: 
‘‘(III) a violation (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,’’. 
(b) EXCLUSION BASED ON AGGRAVATED FELONY, 
UNLAWFUL
PROCUREMENT
OF
CITIZENSHIP, 
AND 
CRIMES OF DOMESTIC VIOLENCE.—Section 212(a)(2) of 
such Act (8 U.S.C. 1182(a)(2)) is amended by adding at 
the end the following new subparagraphs: 
‘‘(J) AGGRAVATED
FELONY.—Any alien 
who is convicted of an aggravated felony at any 
time is inadmissible.
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‘‘(K) UNLAWFUL PROCUREMENT OF CITI-
ZENSHIP.—Any alien convicted of, or who ad-
mits having committed, or who admits commit-
ting acts which constitute the essential elements 
of, a violation of (or a conspiracy or attempt to 
violate) subsection (a) or (b) of section 1425 of 
title 18, United States Code is inadmissible. 
‘‘(L) CRIMES
OF
DOMESTIC
VIOLENCE, 
STALKING, OR VIOLATION OF PROTECTION OR-
DERS; CRIMES AGAINST CHILDREN.— 
‘‘(i) DOMESTIC VIOLENCE, STALKING, 
OR CHILD ABUSE.— 
‘‘(I) IN
GENERAL.—Subject to 
subclause (II), any alien who at any 
time is convicted of, or who admits 
having committed, or who admits 
committing acts which constitute the 
essential elements of, a crime of do-
mestic violence, a crime of stalking, or 
a crime of child abuse, child neglect, 
or child abandonment is inadmissible. 
‘‘(II) WAIVER
FOR
VICTIMS
OF 
DOMESTIC VIOLENCE.—Subclause (I) 
shall not apply to any alien described 
in section 237(a)(7)(A).
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‘‘(III) CRIME OF DOMESTIC VIO-
LENCE
DEFINED.—For purposes of 
subclause (I), the term ‘crime of do-
mestic violence’ means any crime of 
violence (as defined in section 16 of 
title 18, United States Code) against 
a person committed by a current or 
former spouse of the person, by an in-
dividual with whom the person shares 
a child in common, by an individual 
who 
is 
cohabiting 
with 
or 
has 
cohabited with the person as a spouse, 
by an individual similarly situated to 
a spouse of the person under the do-
mestic or family violence laws of the 
jurisdiction where the offense occurs, 
or by any other individual against a 
person who is protected from that in-
dividual’s acts under the domestic or 
family violence laws of the United 
States or any State, Indian tribal gov-
ernment, or unit of local or foreign 
government. 
‘‘(ii) VIOLATORS OF PROTECTION OR-
DERS.—
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‘‘(I) IN
GENERAL.—Any alien 
who at any time is enjoined under a 
protection order issued by a court and 
whom the court determines has en-
gaged in conduct that violates the por-
tion of a protection order that involves 
protection against credible threats of 
violence, repeated harassment, or bod-
ily injury to the person or person for 
whom the protection order was issued 
is inadmissible. 
‘‘(II) PROTECTION
ORDER
DE-
FINED.—For purposes of subclause 
(I), the term ‘protection order’ means 
any injunction issued for the purpose 
of preventing violent or threatening 
acts of domestic violence, including 
temporary or final orders issued by 
civil or criminal courts (other than 
support or child custody orders or 
provisions) whether obtained by filing 
an independent action or as an inde-
pendent 
order 
in 
another 
pro-
ceeding.’’.