175
(i) paragraphs (3) and (4) as paragraphs 
(4) and (5), respectively; and 
(ii) the second paragraph (2) as paragraph 
(3); 
(C) in paragraph (2)(B), by striking ‘‘(3), 
(10)(C), and (10(E)), if the activities rendering the 
alien inadmissible under the provision were caused 
by, or were incident to,’’ and inserting ‘‘(2), (3), (8), 
(9)(A), (10)(C), (10)(D), and (10)(E)), if the activi-
ties rendering the alien inadmissible under the provi-
sion were caused by’’; and 
(D) by amending paragraph (5) (as so redesig-
nated) to read as follows: 
‘‘(5) Upon the approval of adjustment of status under 
paragraph (1), the Secretary of Homeland Security shall 
record the alien’s lawful admission for permanent resi-
dence as of the date of such approval and the Secretary 
of State shall reduce by one the number of visas author-
ized to be issued under sections 201(d) and 203(b)(4) for 
the fiscal year then current, unless the number of remain-
ing visas authorized to be issued under section 203(b)(4) 
for such year is zero, in which case such reductions shall 
not be made.’’. 
(b)(1) 
Section 
101(a)(15)(U)(iii) 
(8 
U.S.C. 
1101(a)(15)(U)(iii)) is amended to read as follows:
176
‘‘(iii) the criminal activity referred to in this 
clause is that involving 1 or more of the following 
or any similar activity in violation of Federal, State, 
or local criminal law: rape; incest; domestic violence, 
sexual assault; abusive sexual contact; sexual exploi-
tation; female genital mutilation; or attempt or con-
spiracy to commit any of the above mentioned 
crimes; or’’. 
(2) Section 204(a)(1)(C) (8 U.S.C. 1154(a)(1)(C)) is 
amended by inserting ‘‘directly’’ before ‘‘connected’’. 
(3) Section 214(p)(1) (8 U.S.C. 1184(p)(1)) (as re-
designated by section 204 of this Act) is amended by strik-
ing ‘‘This certification may also be provided by an official 
of the Department of Homeland Security whose ability to 
provide such certification is not limited to information 
concerning immigration violations.’’. 
(4) Section 237(a)(1)(H) (8 U.S.C. 1227(a)(1)(H)) 
is amended—
(A) by striking clause (ii); 
(B) in clause (i), by striking ‘‘(I)’’; and 
(C) by redesignating subclause (II) as clause 
(ii). 
(5) Section 240A (8 U.S.C. 1229b) is amended—
(A) in subsection (b)(2)(A)(ii), by striking ‘‘, 
and the issuance of a charging document for removal
177
proceedings shall not toll the 3-year period of contin-
uous physical presence in the United States’’; 
(B) by amending subsection (b)(2)(A)(iv) to 
read as follows: 
‘‘(iv) the alien is not inadmissible 
under paragraph (2), (3), (8), (9)(A), 
(10)(C), (10)(D), or (10)(E) of section 
212(a), is not deportable under paragraph 
(1)(E), (1)(G), or (2) through (4) of sec-
tion 237(a) (except in a case described in 
section 237(a)(7) where the Secretary of 
Homeland Security exercises discretion to 
grant a waiver), and has not been con-
victed of an aggravated felony; and’’; and 
(C) in subsection (b)(2)(B)—
(i) by inserting ‘‘direct’’ before ‘‘connection 
between the absence’’; 
(ii) by inserting ‘‘directly’’ before ‘‘con-
nected to the battering or extreme’’; and 
(iii) in the third sentence, by inserting 
‘‘battery or cruelty-related’’ before ‘‘absences or 
portions of the absences’’; 
(iv) in subsection (b)(2)(C), by inserting 
‘‘directly’’ before ‘‘connected’’;
178
(v) in subsection (b)(4)(A), by striking 
‘‘shall’’ and inserting ‘‘may’’; and 
(vi) in subsection (d)(1), by striking ‘‘ex-
cept in the case of an alien who applies for can-
cellation of removal under subsection (b)(2),’’. 
(6) Section 245 (8 U.S.C. 1255) is amended by redes-
ignating the subsection (l) that was added by section 
1513(f) of Public Law 106–386 as subsection (m) and in 
such redesignated subsection—
(A) in paragraph (1)—
(i) in the matter preceding subparagraph 
(A), by striking ‘‘section 212(a)(3)(E), unless 
the Attorney General determines based on af-
firmative evidence’’ and inserting ‘‘paragraph 
(2), (3), (8), (9)(A), (10)(C), (10)(D), or 
(10)(E) of section 212(a), unless the Attorney 
General determines’’; 
(ii) by striking ‘‘and’’ at the end of sub-
paragraph (A); 
(iii) by striking subparagraph (B) and in-
serting the following: 
‘‘(B) the alien has, throughout such period, 
been a person of good moral character; and 
‘‘(C) in the opinion of the Secretary of Home-
land Security, the alien or the alien’s spouse, parent,
179
or child, who is a citizen of the United States or an 
alien lawfully admitted for permanent residence, 
would suffer extreme hardship.’’; 
(B) in paragraph (2), by striking ‘‘or unless an 
official involved in the investigation or prosecution 
certifies that the absence was otherwise justified’’; 
and 
(C) by amending paragraph (4) to read as fol-
lows:
‘‘(4) Upon the approval of adjustment of status under 
paragraph (1) or (3), the Secretary of Homeland Security 
shall record the alien’s lawful admission for permanent 
residence as of the date of such approval and the Sec-
retary of State shall reduce by one the number of visas 
authorized to be issued under sections 201(d) and 
203(b)(4) for the fiscal year then current, unless the num-
ber of remaining visas authorized to be issued under sec-
tion 203(b)(4) for such year is zero, in which case such 
reductions shall not be made.’’.
SEC. 529. DETENTION FACILITIES. 
(a) INCREASING NUMBER OF DETENTION BEDS.—
Subject to the availability of appropriations, the Secretary 
of Homeland Security shall provide for a doubling in the 
detention beds of the Department of Homeland Security
180
over the number existing on the date of the enactment 
of this Act by the end of fiscal year 2005. 
(b) PLACES OF DETENTION FOR ALIENS ARRESTED 
PENDING EXAMINATION AND DECISION ON REMOVAL.—
Section 241(g) (8 U.S.C. 1231(g)) is amended by adding 
at the end the following: 
‘‘(3) POLICY
ON
DETENTION
IN
STATE
AND 
LOCAL
DETENTION
FACILITIES.—In carrying out 
paragraph (1), the Secretary of Homeland Security 
shall ensure that an alien arrested under section 
287(a) may be detained, pending the alien’s being 
taken for the examination described in such section, 
in a State or local prison, jail, detention center, or 
other comparable facility, if—
‘‘(A) such facility is the most suitably lo-
cated Federal, State, or local facility available 
for such purpose under the circumstances; 
‘‘(B) an appropriate arrangement for such 
use of the facility can be made; and
‘‘(C) such facility satisfies the standards 
for the housing, care, and security of persons 
held in custody of a United States marshal.’’. 
SEC. 530. VOLUNTARY DEPARTURE. 
(a) IN GENERAL.—Section 240B (8 U.S.C. 1229c) 
is amended to read as follows:
181
‘‘VOLUNTARY DEPARTURE 
‘‘SEC. 240B. (a) IN LIEU OF PROCEEDINGS.—The 
Secretary of Homeland Security may permit an alien vol-
untarily to depart the United States at the alien’s own 
expense under this subsection, in lieu of being subject to 
proceedings under section 240 and in lieu of applying for 
another form of relief from removal, if the alien is not 
deportable under paragraph (2)(A)(iii) or (4)(B) of section 
237(a). Permission to depart voluntarily under this sub-
section shall not be valid for a period exceeding 90 days 
and cannot be extended. The Secretary of Homeland Secu-
rity shall require an alien permitted to depart voluntarily 
under this subsection to post a voluntary departure bond, 
in an amount necessary to ensure that the alien will de-
part, to be surrendered upon proof that the alien has de-
parted the United States within the time specified. 
‘‘(b) PRIOR TO SCHEDULING MERITS HEARING.—
The Secretary of Homeland Security may permit an alien 
voluntarily to depart the United States at the alien’s own 
expense under this subsection prior to the scheduling of 
the first merits hearing, in lieu of applying for another 
form of relief from removal, if the alien is not deportable 
under paragraph (2)(A)(iii) or (4)(B) of section 237(a). 
Permission to depart voluntarily under this subsection 
shall not be valid for a period exceeding 60 days and can-
182
not be extended. The Secretary shall require an alien per-
mitted to depart voluntarily under this subsection to post 
a voluntary departure bond, in an amount necessary to 
ensure that the alien will depart, to be surrendered upon 
proof that the alien has departed the United States within 
the time specified. 
‘‘(c) ONCE FIRST MERITS HEARING SCHEDULED.—
‘‘(1) IN GENERAL.—Once the first merits hear-
ing has been scheduled under section 240, the Sec-
retary of Homeland Security may permit an alien 
voluntarily to depart the United States at the alien’s 
own expense under this subsection, in lieu of pur-
suing another form of relief from removal, if the im-
migration judge enters an order granting voluntary 
departure in lieu of removal and finds that—
‘‘(A) the alien has been physically present 
in the United States for a period of at least one 
year immediately preceding the date the notice 
to appear was served under section 239(a); 
‘‘(B) the alien is, and has been, a person 
of good moral character for at least 5 years im-
mediately preceding the alien’s application for 
voluntary departure;
183
‘‘(C) the alien is not deportable under 
paragraph (2)(A)(iii) or (4)(B) of section 
237(a); and 
‘‘(D) the alien has established by clear and 
convincing evidence that the alien has the 
means to depart the United States and intends 
to do so. 
‘‘(2) PERIOD.—Permission to depart voluntarily 
under this subsection shall not be valid for a period 
exceeding 30 days and cannot be extended. 
‘‘(3) BOND.—The Secretary of Homeland Secu-
rity shall require an alien permitted to depart volun-
tarily under this subsection to post a voluntary de-
parture bond, in an amount necessary to ensure that 
the alien will depart, to be surrendered upon proof 
that the alien has departed the United States within 
the time specified. 
‘‘(d) ALIENS NOT ELIGIBLE.—The Secretary of 
Homeland Security shall not permit an alien to depart vol-
untarily under this section if the alien was previously per-
mitted to depart voluntarily under section 244(e) or this 
section, or to voluntarily return, at any time. 
‘‘(e) CIVIL PENALTY FOR FAILURE TO DEPART.—
If an alien is permitted to depart voluntarily under this 
section and fails voluntarily to depart the United States
184
within the time period specified, the alien shall be subject 
to a civil penalty of not less than $1,000 and not more 
than $5,000, and be ineligible for a period of 10 years 
for any further relief under this section and sections 240A, 
245, 248, and 249. The order permitting the alien to de-
part voluntarily shall inform the alien of the penalties 
under this subsection. 
‘‘(f) ADDITIONAL CONDITIONS.—The Secretary of 
Homeland Security may by regulation limit eligibility for 
voluntary departure under this section for any class or 
classes of aliens. No court may review any regulation 
issued under this subsection. 
‘‘(g) TREATMENT
OF ALIENS ARRIVING
IN
THE 
UNITED STATES.—In the case of an alien who is arriving 
in the United States and with respect to whom pro-
ceedings under section 240 are (or would otherwise be) 
initiated at the time of such alien’s arrival, subsections 
(a) through (c) shall not apply. Nothing in this paragraph 
shall be construed as preventing such an alien from with-
drawing the application for admission in accordance with 
section 235(a)(4). 
‘‘(h) REVIEW.—There shall be no administrative or 
judicial review of a denial of a request for an order of 
voluntary departure. No court or agency shall order a stay 
of an alien’s removal pending consideration of any claim
185
with respect to voluntary departure. The order permitting 
the alien to depart voluntarily shall inform the alien that 
the alien has no right to appeal any issue relating to the 
removal proceeding.’’. 
(b) 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 aliens who are in pro-
ceedings under the Immigration and Nationality Act on 
or after such date if those proceedings have not resulted 
in a final administrative order before such date.
SEC. 531. CANCELLATION OF REMOVAL. 
Section 240(A)(c) is amended by adding at the end 
the following: 
‘‘(7) An alien who is inadmissible under section 
212(a)(9)(B)(i).’’. 
SEC. 532. EXPEDITED REMOVAL OF CRIMINAL ALIENS. 
(a) IN GENERAL.—Section 238 (8 U.S.C. 1228) is 
amended—
(1) by amending the section heading to read as 
follows: 
‘‘EXPEDITED REMOVAL OF CRIMINAL ALIENS’’; 
(2) in subsection (a), by amending the sub-
section heading to read as follows: ‘‘EXPEDITED RE-
MOVAL FROM CORRECTIONAL FACILITIES.—’’;
186
(3) in subsection (b), by amending the sub-
section heading to read as follows: ‘‘REMOVAL OF 
CRIMINAL ALIENS.—’’; 
(4) in subsection (b), by striking paragraphs 
(1) and (2) and inserting the following: 
‘‘(1) IN GENERAL.— The Secretary may, in the 
case of an alien described in paragraph (2), deter-
mine the deportability of such alien and issue an 
order of removal pursuant to the procedures set 
forth in this subsection or section 240. 
‘‘(2) ALIENS
DESCRIBED.— An alien is de-
scribed in this paragraph if the alien, whether or not 
admitted into the United States, was convicted of 
any criminal offense described in subparagraph 
(A)(iii), (C), or (D) of section 237(a)(2).’’; 
(5) in the first subsection (c) (relating to pre-
sumption of deportability), by striking ‘‘convicted of 
an aggravated felony’’ and inserting ‘‘described in 
paragraph (b)(2)’’; 
(6) by redesignating the second subsection (c) 
(relating to judicial removal) as subsection (d); and 
(7) in subsection (d)(5) (as so redesignated), 
and by striking ‘‘, who is deportable under this 
Act,’’.
187
(b) 
LIMIT
ON
INJUNCTIVE
RELIEF.—Section 
242(f)(2) (8 U.S.C. 1252(f)(2)) is amended by inserting 
‘‘or stay, whether temporarily or otherwise,’’ after ‘‘en-
join’’. 
SEC. 533. SUBJECT TO THE JURISDICTION DEFINED. 
Section 101(c) (8 U.S.C. 1101(c)) is amended by 
adding at the end the following: 
‘‘(3) The term ‘subject to the jurisdiction of the 
United States’ means that, at the time of birth in 
the United States, the mother or the father of the 
child, excluding aliens classified under subparagraph 
(A) or (G) of section 101(a)(15), resided lawfully 
therein.’’. 
SEC. 534. CLAIMS FOR SERVICES PERFORMED BY UNAU-
THORIZED ALIENS. 
Title II (8 U.S.C. 1151 et seq.) is amended by insert-
ing after section 271 the following: 
‘‘CLAIMS ARISING FROM SERVICES OF ALIENS WITHOUT 
WORK AUTHORIZATION 
‘‘SEC. 271A. (a) IN GENERAL.—It shall be unlawful 
for any person, entity or enterprise, including any em-
ployer, contractor, employee, or independent contractor, to 
claim any deduction, credit, benefit, subsidy, rebate, grant 
or other payment otherwise authorized by any provision 
of the United States Code, including the Internal Revenue 
Code, derived from compensation in any form for labor
188
or personal services provided in the United States that was 
paid to or on behalf of a person, knowingly or in reckless 
disregard of the fact that such person was, at the time 
such labor or services were performed, an unauthorized 
alien (as defined in section 274A(h)(3)). 
‘‘(b) ENFORCEMENT.—
‘‘(1) Where any claim described in subsection 
(a) made by a person, entity, or enterprise amount 
in aggregate to $50,000 or more, a right of action 
shall exist for a State or local government agency or 
a private party to recover such sums on behalf of the 
United States. 
‘‘(2) A complaint described in subparagraph (i) 
shall be made in writing under oath or affirmation 
to the Chief Administrative Hearing Officer of the 
Executive Office for Immigration Review. 
‘‘(3) No complaint may be filed in which all al-
leged violations occurred more than two years prior 
to the filing of the complaint. 
‘‘(4) A prevailing private party acting on behalf 
of the United States shall be awarded 25 percent 
from any sums recovered. 
‘‘(5) Adjudication of a complaint shall proceed 
under the provisions of the Administrative Procedure 
Act (5 U.S.C. 551 et seq.).
189
‘‘(6) The administrative law judge may grant 
the prevailing party reasonable attorney’s fees if the 
judge determines that the opposing party’s argu-
ment was without reasonable basis in law and fact.’’. 
SEC. 535. RESTRICTION ON WARRANTLESS ENTRY. 
(a) IN GENERAL.—Sction 287(e) (8 U.S.C. 1357(e)) 
is amended by inserting ‘‘that is an active participant in 
an employment verification system approved by the Sec-
retary of Homeland Security’’ after ‘‘farm or other out-
door agricultural operation’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date described in 
section 511(b). 
TITLE VI—ELIMINATING EXCES-
SIVE REVIEW AND DILATORY 
AND 
ABUSIVE 
TACTICS 
BY 
ALIENS 
IN 
REMOVAL 
PRO-
CEEDINGS 
SEC. 601. FRIVOLOUS APPLICATIONS. 
(a) IN GENERAL.—Paragraph (6) of section 208(d) 
(8 U.S.C. 1158(d)) is amended by adding at the end the 
following new sentence: ‘‘As used in this section, the term 
‘frivolous application’ means an application that lacks a 
reasonably arguable basis either in law or in fact. If an 
alien withdraws an application for asylum and pursues an-
190
other benefit or form of relief under this Act, the alien 
shall bear the burden of proving by clear and convincing 
evidence, in the adjudication respecting such other benefit 
or form of relief, that such asylum application was not 
a frivolous application. If the alien fails to carry such bur-
den, the alien shall be permanently ineligible for any ben-
efit under this Act.’’. 
(b) 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 applications for asylum 
pending on or after such date if the application has not 
resulted in a final administrative order before such date. 
SEC. 602. CONTINUANCES; CHANGE OF VENUE. 
(a) IN GENERAL.—Section 240(b)(1) (8 U.S.C. 
1229a(b)(1)) is amended by adding at the end the fol-
lowing: 
‘‘The immigration judge may not grant a continu-
ance to permit an alien to become eligible for relief 
under any provision of law. In proceedings under 
this section or under section 236, the immigration 
judge may not grant a change of venue for an alien 
who has not been inspected and admitted or paroled 
into the United States. For all other aliens, the im-
migration judge may grant a change of venue only
191
if the alien demonstrates that the alien cannot ob-
tain a fair proceeding in the current venue.’’. 
(b) 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 continuances and 
changes of venue sought after such date. 
SEC. 603. BURDEN OF PROOF IN ASYLUM PROCEEDINGS. 
(a) IN GENERAL.—Section 208(b)(1) (8 U.S.C. 
1158(b)(1)) is amended—
(1) by striking ‘‘(1) IN GENERAL.—The Attor-
ney General’’ and inserting the following:
‘‘(1) IF ALIEN IS A REFUGEE.—
‘‘(A) IN
GENERAL.—The Secretary of 
Homeland Security or the Attorney General’’; 
and 
(2) by adding at the end the following: 
‘‘(B) BURDEN OF PROOF.—The burden of 
proof is on the applicant for asylum to establish 
that he or she is a refugee within the meaning 
of section 101(a)(42). The testimony of the ap-
plicant, if credible, may be sufficient to sustain 
such burden without corroboration. Where it is 
reasonable to expect corroborating evidence for 
certain alleged facts pertaining to the specifics 
of an alien’s claim for asylum, such evidence
192
must be provided unless a reasonable expla-
nation is given as to why such information is 
not presented.’’. 
(b) 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 applications for asylum 
pending on or after such date if the application has not 
resulted in a final administrative order before such date.
SEC. 604. REVIEW OF CONVENTION AGAINST TORTURE 
GRANTS AND DENIALS. 
(a) IN
GENERAL.—Section 241(b) (8 U.S.C. 
1231(b)) is amended by adding at the end the following 
new paragraph: 
‘‘(4) ELIMINATION OF REVIEW.—A determina-
tion as to whether the removal of an alien to any 
country should be withheld or deferred under the 
United Nations Convention Against Torture and 
Other Cruel, Inhuman, or Degrading Treatment or 
Punishment shall be made by the Secretary of 
Homeland Security. There shall be no administrative 
or judicial review of a determination of the Secretary 
under this section.’’. 
(b) 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 applications pending
193
on or after such date if the application has not resulted 
in a final administrative order before such date. 
SEC. 605. TIME LIMIT FOR DECISIONS IN ADMINISTRATIVE 
APPEALS. 
(a) IN GENERAL.—Chapter 9 of title II of the Act 
is amended by inserting after section 294 the following 
new section: 
‘‘RULES FOR DECISIONS IN ADMINISTRATIVE APPEALS 
‘‘SEC. 295. (a) DEADLINE.—A decision in any ad-
ministrative appeal from a decision of an immigration 
judge shall be issued not later than 180 days after the 
appeal is filed. If the appeal is not decided before such 
deadline, the decision of the immigration judge shall be 
final, unless the Attorney General certifies the decision for 
review. 
‘‘(b) STANDARD OF REVIEW.—In any administrative 
appeal from a decision of an immigration judge, such 
judge’s determinations of factual issues, including findings 
as to the credibility of testimony, shall be accepted unless 
they are clearly erroneous.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of the Immigration and Nationality Act is amended by in-
serting after the item relating to section 294 the following:
‘‘295. Rules for decisions in administrative appeals.’’.
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment
194
of this Act and shall apply to decisions appealed on or 
after such date. 
SEC. 606. REVIEW OF ASYLUM CLAIMS. 
(a) JUDICIAL REVIEW.—
(1) IN GENERAL.—Section 208 (8 U.S.C. 1158) 
is amended by adding at the end the following: 
‘‘(e) LIMITATION ON JUDICIAL REVIEW.—No court 
shall have jurisdiction to review any decision of the Sec-
retary of Homeland Security or the Attorney General 
under this section.’’. 
(2) CONFORMING AMENDMENTS.—Section 242 
(8 U.S.C 1252) is amended—
(A) in subsection (a)(2)(B)(i), by inserting 
‘‘208,’’ before ‘‘212(h),’’; 
(B) in subsection (a)(2)(B)(ii), by striking 
‘‘General,’’ and all that follows through the pe-
riod at the end and inserting ‘‘General.’’; and 
(C) in subsection (b)(4)—
(i) in subparagraph (B), by adding 
‘‘and’’ at the end; 
(ii) in subparagraph (C), by striking 
‘‘, and’’ at the end and inserting a period; 
and 
(iii) by striking subparagraph (D).
195
(b) LIMITATION
ON
ASYLUM
OFFICE.—Section 
208(d) (8 U.S.C. 1158(d)) is amended by adding at the 
end the following: 
‘‘(8) OTHER PROCEDURAL MATTERS.—
‘‘(A) DETERMINATION
OF
LAWFUL
STA-
TUS.—
‘‘(i) IN GENERAL.—In the case of an 
alien who is physically present in the 
United States and who has applied to the 
Secretary of Homeland Security for asy-
lum, the Secretary shall determine whether 
the alien is inadmissible or deportable be-
fore the Secretary prepares to schedule the 
applicant for an asylum interview. If the 
Secretary determines that the alien is not 
inadmissible or deportable, the Secretary 
shall adjudicate the asylum application and 
render a decision granting or denying asy-
lum. If the Secretary determines that the 
alien is inadmissible or deportable before 
the Secretary prepares to schedule an 
interview, the Secretary shall place the 
alien in removal proceedings without adju-
dicating the asylum application. The alien
196
may then pursue such application in such 
proceedings. 
‘‘(ii) REVIEW OF DETERMINATIONS.—
If an alien’s asylum application has been 
denied by the Secretary, in any administra-
tive or judicial appeal from such denial, 
the Secretary’s determinations of factual 
issues, including findings as to the credi-
bility of testimony, shall be accepted into 
evidence. 
‘‘(B) RECORDING
OF
INTERVIEWS.—The 
Secretary shall record asylum interviews and in-
clude any such recording in the applicant’s file 
and record of proceedings.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act and shall apply to decisions rendered on or 
after such date. 
SEC. 607. JUDICIAL REVIEW. 
(a) ORDERS AGAINST CRIMINAL ALIENS.—Subpara-
graph (C) of section 242(a)(2) (8 U.S.C. 1252(a)(2)) is 
amended—
(1) by striking ‘‘no court shall have jurisdic-
tion’’ and inserting ‘‘including section 2241 of title
197
28, United States Code, no court shall have jurisdic-
tion, except as provided in this section,’’; and 
(2) by adding at the end the following: ‘‘Such 
review shall be limited to constitutional challenges or 
statutory claims involving pure issues of law,’’. 
(b) VENUE FOR REVIEW OF ORDERS OF REMOVAL.—
Section 242(b)(2) (8 U.S.C. 1252(b)(2)) is amended by 
striking ‘‘with the court of appeals for the judicial circuit
in which the immigration judge completed the pro-
ceedings.’’ and inserting ‘‘with the United States Court 
of Appeals for the District of Columbia Circuit.’’. 
(c) FEDERAL CIRCUIT COURT APPEALS.—
(1) IN GENERAL.—Title I of the Act is amend-
ed by inserting after section 105 the following: 
‘‘RULES FOR DECISIONS IN ADMINISTRATIVE APPEALS 
‘‘SEC. 106. Notwithstanding any other provision of 
law, the final order of a district court of the United States 
in any proceeding under this Act, or under any other im-
migration law of the United States, shall be subject to re-
view, on appeal, by the United States Court of Appeals 
for the District of Columbia Circuit. There shall be no 
right of appeal in such proceedings to any other circuit 
court of appeals. The law applied by the Supreme Court, 
and the United States Court of Appeals for the District 
of Columbia Circuit, shall be regarded as the rule of deci-
sion in any proceeding under this Act.’’.
198
(2) CLERICAL AMENDMENT.—The table of con-
tents of the Immigration and Nationality Act is 
amended by inserting after the item relating to sec-
tion 105 the following:
‘‘106. Federal circuit court appeals.’’.
TITLE 
VII—EMERGENCY 
IMMI-
GRATION WORKLOAD REDUC-
TION 
SEC. 701. CONGRESSIONAL FINDINGS. 
The Congress finds as follows: 
(1) The effective establishment and organiza-
tion of the Directorate of Border and Transpor-
tation Security of the Department of Homeland Se-
curity is imperative if the Directorate is to carry out 
the immigration enforcement and immigration serv-
ices responsibilities delegated to it by the Congress 
in the manner expected by the American people. 
(2) The effective implementation of these duties 
will not be achieved without an unacceptable com-
promise to the security interests of the United 
States unless certain visa programs are temporarily 
suspended, and other material assistance is provided 
to law enforcement agencies and other entities that 
support the immigration enforcement functions of 
the Directorate, until such time as the Secretary of
200
(d) Subsections (b) and (c) shall not apply to aliens 
described in sections 101(a)(15)(K) or 101(a)(42) of the 
Immigration and Nationality Act. 
SEC. 704. TEMPORARY SUSPENSION OF RENEWALS OF TEM-
PORARY PROTECTED STATUS. 
The authority of the Secretary of Homeland Security 
to renew or extend any designation made under subpara-
graph (B) or (C) of section 244(b)(1) of the Immigration 
and Nationality Act (8 U.S.C. 1254(b)(1)) is suspended. 
SEC. 705. CURTAILMENT OF VISAS FOR COUNTRIES DENY-
ING OR DELAYING REPATRIATION OF NA-
TIONALS. 
(a) PUBLIC LISTING OF ALIENS WITH NO SIGNIFI-
CANT LIKELIHOOD
OF REMOVAL.—The Secretary of 
Homeland Security shall establish and maintain a public 
listing of every alien who is subject to a final order of 
removal and with respect to whom the Secretary or any 
Federal court has determined that there is no significant 
likelihood of removal in the reasonably foreseeable future 
due to the refusal, or unreasonable delay, of all countries 
designated by the alien or under this section to receive 
the alien. The public listing shall indicate whether such 
alien has been released from federal custody, and the city 
and state in which such alien resides.
201
(b) DISCONTINUATION OF VISAS.—In the case of any 
foreign state for which 24 or more of the citizens, subjects, 
or nationals of such state appear on the public listing de-
scribed in paragraph (a), such foreign state shall be 
deemed to have denied or unreasonably delayed the accept-
ance of such aliens, and the Secretary of Homeland Secu-
rity shall make the notification to the Secretary of State 
prescribed in section 243(d) of the Immigration and Na-
tionality Act (8 U.S.C. 1253(d)). The Secretary of State 
shall accordingly discontinue the issuance of non-immi-
grant visas to citizens, subjects, or nationals of such for-
eign state. 
SEC. 706. WAIVER OF SUSPENSIONS. 
The Secretary of Homeland Security may in his or 
her discretion waive, on an individual case-by-case basis, 
the suspension of applications under sections 702, 703, 
or 704, if the beneficiaries of such applications are not 
inadmissible under section 212(a) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)) or deportable under 
section 237(a) of such Act (8 U.S.C 1227). 
SEC. 707. TERMINATION OF TEMPORARY SUSPENSIONS. 
The emergency suspension of issuance of non-
immigrant visas, and of admissions to the United States, 
as mandated by sections 702 through 704, shall terminate 
one week after the certification by the Secretary of Home-
202
land Security to the Congress that the following conditions 
are satisfied: 
(1) The integrated entry and exit data system 
required by the Immigration and Naturalization 
Service Data Management Improvement Act of 2000 
(Public Law 106–215), including the requirements 
added by section 302(a) of the Enhanced Border Se-
curity and Visa Entry Reform Act of 2002 (Public 
Law 107–173), is fully operational at all ports of 
entry. 
(2) The system of machine-readable tamper-re-
sistant visas and other alien travel and entry docu-
ments described in section 202 of this Act is fully 
implemented at all ports of entry. 
(3) The Department of Homeland Security has 
the operational capability to take into custody and 
remove from the United States any alien described 
in section 237(a) of the Immigration and Nationality 
Act (8 U.S.C. 1227(a)) who has been lawfully de-
tained by a State or local law enforcement agency, 
and such agency has notified the Department of 
such detention. 
(4) The data system for the registration of 
aliens under chapter 7 of title II of the Immigration
203
and Nationality Act (8 U.S.C. 261 et. seq.) is fully 
operational and—
(A) is fully compliant with the data system 
integration and interoperability standards en-
acted in section 202(a) of the Enhanced Border 
Security and Visa Entry Reform Act of 2002 
(Public Law 107–173); 
(B) ensures the entry of all registrations 
made in accordance with section 221(b) of the
Immigration and Nationality Act (8 U.S.C. 
1201(b)) into the registration system at the 
time of the relevant visa application; 
(C) ensures that all other registrations 
made under procedures required by section 264 
of such Act (8 U.S.C. 1304) are entered into 
the data system within 72 hours of receipt from 
the alien of an approved form of registration; 
and 
(D) ensures that all notices of change of 
address required by section 265 of such Act (8 
U.S.C. 1305) are entered in the data system 
within 5 working days of receipt from the alien 
of an approved change of address form. 
(5) A program for the random audit of the 
backlog of applications for changes in immigration
204
status by aliens present in the United States exist-
ing on the effective date of this Act has been fully 
implemented by the Department of Homeland Secu-
rity. 
(6) The program described in paragraph (5) re-
liably indicates that the estimated incidence of fraud 
or false statements is no more than three percent of 
all approved applications and a program is in place 
to ensure that all benefits granted on the basis of 
such fraud or false statements are revoked in a 
timely manner. 
(7) The foreign student monitoring system de-
scribed in section 641 of the Illegal Immigration Re-
form and Immigrant Responsibility Act (8 U.S.C. 
1372), as amended and expanded by sections 501 
and 502 of the Enhanced Border Security and Visa 
Entry Reform Act of 2002 (Public Law 107–173), 
is fully operational, and no educational institution 
certified to receive nonimmigrant students under 
subparagraph (F), (M), or (J) of section 101(a)(15) 
of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)) knowingly registers or admits aliens 
present in the United States in violation of law. 
(8) The number of aliens removed from the 
United States, during the 4 month period preceding
205
the month in which the certification under this sec-
tion is executed, was at least 25 percent higher than 
in the comparable period of the previous year. 
(9) All reports and plans, and all operational 
transfers of functions, required under title IV of the 
Homeland Security Act of 2002 (6 U.S.C. 201 et 
seq.) have been successfully performed and imple-
mented to the extent required by law as of the cer-
tification date. 
(10) The annual report required by section 
205(b) of the American Competitiveness in the 
Twenty-First 
Century 
Act 
of 
2000 
(8 
U.S.C.1574(b)), for the fiscal year preceding the 
date of the certification, has been submitted to the 
Congress. 
(11) Process changes described in section 
205(b)(2)(C)(vi) of the American Competitiveness in 
the Twenty-First Century Act of 2000 (8 U.S.C. 
1574(b)(2)(C)(vi)) have been implemented and are 
substantially operational. 
SEC. 708. EFFECTIVE DATE. 
The provisions of this title shall take effect at mid-
night on the first Saturday that occurs two weeks after 
the date of enactment of this Act.