104 
mit 2 or more gang crimes (one of which 
is a crime of violence, as defined in section 
16 of title 18, United States Code) in 2 or 
more separate criminal episodes in relation 
to the group or association. 
‘‘(iii) GANG
CRIME
DEFINED.—For 
purposes of this subparagraph, the term 
‘gang crime’ means conduct constituting 
any Federal or State crime, punishable by 
imprisonment for one year or more, in any 
of the following categories: 
‘‘(I) A crime of violence (as de-
fined in section 16 of title 18, United 
States Code). 
‘‘(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
105 
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 se-
rious drug offense (as defined in sec-
tion 924(e)(2)(A)), (i), (j), (k), (o), 
(p), (q), (u), or (x) of section 922 of 
such title (relating to unlawful acts), 
or subsection (b), (c), (g), (h), (k), (l), 
(m), or (n) of section 924 of such title 
(relating to penalties), section 930 of 
such title (relating to possession of 
firearms and dangerous weapons in 
Federal facilities), 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 re-
lated activity in connection with iden-
tification documents or access de-
106 
vices), section 1952 of such title (re-
lating to interstate and foreign travel 
or transportation in aid of racket-
eering enterprises), section 1956 of 
such title (relating to the laundering 
of monetary instruments), section 
1957 of such title (relating to engag-
ing in monetary transactions in prop-
erty derived from specified unlawful 
activity), or sections 2312 through 
2315 of such title (relating to inter-
state transportation of stolen motor 
vehicles or stolen property). 
‘‘(V) Any conduct punishable 
under section 274 (relating to bring-
ing in and harboring certain aliens), 
section 277 (relating to aiding or as-
sisting certain aliens to enter the 
United States), or section 278 (relat-
ing to importation of alien for im-
moral purpose) 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:
107 
‘‘(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 com-
mitting, or conspiring, threatening, or 
attempting 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).’’. 
(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 
authorized to designate a group or association as a
108 
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 Gen-
eral 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 asso-
ciation under this subsection, together with 
the findings made under paragraph (1) 
with respect to that group or association, 
and the factual basis therefor. 
‘‘(ii) PUBLICATION IN FEDERAL REG-
ISTER.—The Attorney shall publish the 
designation in the Federal Register seven 
days after providing the notification under 
clause (i).
109 
‘‘(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 des-
ignation. 
‘‘(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 PE-
TITION.— 
‘‘(i) 
IN
GENERAL.—The 
Attorney 
General shall review the designation of a 
criminal 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 
described in clause (ii).
110 
‘‘(ii) PETITION
PERIOD.—For pur-
poses 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 
designation was made; or 
‘‘(II) if the designated gang or 
association has previously filed a peti-
tion for revocation under this sub-
paragraph, the petition period begins 
2 years after the date of the deter-
mination made under clause (iv) on 
that petition. 
‘‘(iii) 
PROCEDURES.—Any 
criminal 
street gang that submits a petition for rev-
ocation under this subparagraph must pro-
vide evidence in that petition that the rel-
evant circumstances described in para-
graph (1) are sufficiently different from 
the circumstances that were the basis for 
the designation such that a revocation with 
respect to the gang is warranted. 
‘‘(iv) DETERMINATION.—
111 
‘‘(I) IN
GENERAL.—Not later 
than 180 days after receiving a peti-
tion for revocation submitted under 
this subparagraph, the Attorney Gen-
eral shall make a determination as to 
such revocation. 
‘‘(II) PUBLICATION
OF
DETER-
MINATION.—A determination made by 
the Attorney General under this 
clause shall be published in the Fed-
eral Register. 
‘‘(III) PROCEDURES.—Any rev-
ocation by the Attorney General shall 
be made in accordance with para-
graph (6). 
‘‘(C) OTHER REVIEW OF DESIGNATION.— 
‘‘(i) IN GENERAL.—If in a 5-year pe-
riod no review has taken place under sub-
paragraph (B), the Attorney General shall 
review the designation of the criminal 
street gang in order to determine whether 
such designation should be revoked pursu-
ant to paragraph (6). 
‘‘(ii) PROCEDURES.—If a review does 
not take place pursuant to subparagraph
112 
(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 re-
voke 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 para-
graph (1) at any time, and shall revoke a des-
ignation upon completion of a review conducted 
pursuant to subparagraphs (B) and (C) of 
paragraph (4) if the Attorney General finds 
that the circumstances that were the basis for 
the designation have changed in such a manner 
as to warrant revocation.
113 
‘‘(B) PROCEDURE.—The procedural re-
quirements of paragraphs (2) and (3) shall 
apply to a revocation under this paragraph. Any 
revocation 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 
committed prior to the effective date of such revoca-
tion. 
‘‘(8) USE OF DESIGNATION IN HEARING.—If a 
designation under this subsection has become effec-
tive under paragraph (2)(B) an alien in a removal 
proceeding shall not be permitted to raise any ques-
tion concerning the validity of the issuance of such 
designation as a defense or an objection at any hear-
ing. 
‘‘(b) JUDICIAL REVIEW OF DESIGNATION.— 
‘‘(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.
114 
‘‘(2) BASIS
OF
REVIEW.—Review under this 
subsection shall be based solely upon the administra-
tive 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 pend-
ency of an action for judicial review of a designation 
shall not affect the application of this section, unless 
the court issues a final order setting aside the des-
ignation. 
‘‘(c) RELEVANT COMMITTEE DEFINED.—As used in 
this section, the term ‘relevant committees’ means the
115 
Committees on the Judiciary of the House of Representa-
tives and of the Senate.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents of such Act (8 U.S.C. 1101 et seq.) is amend-
ed 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 ‘‘or 237(a)(2)(F)’’ before 
‘‘237(a)(4)(B)’’. 
(2) ANNUAL REPORT.—Not later than March 1 
of each year (beginning 1 year after the date of the 
enactment of this Act), the Secretary of Homeland 
Security, after consultation with the appropriate 
Federal agencies, shall submit a report to the Com-
mittees on the Judiciary of the House of Represent-
atives and of the Senate on the number of aliens de-
tained under the amendments made by paragraph 
(1).
116 
(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 MEM-
BERS FROM PROTECTION FROM REMOVAL
AND ASY-
LUM.— 
(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 de-
scribed 
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: 
‘‘(vi) the alien is described in section 
212(a)(2)(M)(i) or section 237(a)(2)(F)(i)
117 
(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 pro-
vided, 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 en-
tered. 
SEC. 609. NATURALIZATION REFORM. 
(a) BARRING
TERRORISTS
FROM
NATURALIZA-
TION.—Section 316 of the Immigration and Nationality 
Act (8 U.S.C. 1427) is amended by adding at the end the 
following new subsection:
118 
‘‘(g) No person shall be naturalized who the Sec-
retary of Homeland Security determines, in the Sec-
retary’s discretion, to have been at any time an alien de-
scribed in section 212(a)(3) or 237(a)(4). Such determina-
tion may be based upon any relevant information or evi-
dence, including classified, sensitive, or national security 
information, and shall be binding upon, and unreviewable 
by, any court exercising jurisdiction under the immigra-
tion laws over any application for naturalization, regard-
less whether such jurisdiction to review a decision or ac-
tion 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 At-
torney 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 deter-
mine the applicant’s inadmissibility or deportability, 
or to determine whether the applicant’s lawful per-
manent resident status should be rescinded, regard-
less of when such proceeding was commenced:’’; and
119 
(3) by striking ‘‘upon the Attorney General’’ 
and inserting ‘‘upon the Secretary of Homeland Se-
curity’’. 
(c) PENDING
DENATURALIZATION
OR
REMOVAL 
PROCEEDINGS.—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 (whether directly or indirectly) result in the pe-
titioner’s denaturalization or the loss of the petitioner’s 
lawful permanent resident status.’’. 
(d) CONDITIONAL PERMANENT RESIDENTS.—Sec-
tion 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 conditional 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 
follows: 
‘‘(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-
land Security completes all examinations and interviews 
conducted under such section, as such terms are defined
120 
by the Secretary pursuant to regulations, the applicant 
may apply to the district court for the district in which 
the applicant resides for a hearing on the matter. Such 
court shall only have jurisdiction to review the basis for 
delay and remand the matter to the Secretary for the Sec-
retary’s determination 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 determina-
tion’’ before ‘‘seek’’; and 
(2) by striking the second sentence and insert-
ing the following: ‘‘The burden shall be upon the pe-
titioner to show that the Secretary’s denial of the 
application was not supported by facially legitimate 
and bona fide reasons. Except in a proceeding under 
section 340, notwithstanding any other provision of 
law (statutory or nonstatutory), including section 
2241 of title 28, United States Code, or any other 
habeas corpus 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 for naturalization, whether an alien 
is a person of good moral character, whether an
121 
alien understands and is attached to the principles 
of the Constitution of the United States, or whether 
an alien is well disposed to the good order and hap-
piness 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 naturalization or any other case or matter under the 
immigration 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 Immigra-
tion 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 sub-
section or’’ and inserting ‘‘set forth in this sub-
section, in lieu of removal proceedings under’’; 
(2) in paragraph (3), by striking ‘‘paragraph 
(1) until 14 calendar days’’ and inserting ‘‘para-
graph (1) or (3) until 7 calendar days’’;
122 
(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 inadmis-
sibility under section 212(a)(2) (relating to criminal 
offenses) and issue an order of removal pursuant to 
the procedures set forth in this subsection, in lieu of 
removal proceedings under section 240, with respect 
to an alien who 
‘‘(A) has not been admitted or paroled;
123 
‘‘(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 
subsection (a) shall take effect on the date of the enact-
ment of this Act but shall not apply to aliens who are 
in removal proceedings under section 240 of the Immigra-
tion and Nationality 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 (division B of such Public Law) is amended by in-
serting ‘‘, 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: 
‘‘(2) one who the Secretary of Homeland Secu-
rity or the Attorney General determines, in the 
unreviewable discretion of the Secretary or the At-
124 
torney General, to have been at any time an alien 
described in section 212(a)(3) or section 237(a)(4), 
which determination may be based upon any rel-
evant information or evidence, including classified, 
sensitive, 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 
felony 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 character. The Secretary and the Attorney 
General shall not be limited to the applicant’s con-
duct during the period for which good moral char-
acter is required, but may take into consideration as 
a basis for determination the applicant’s conduct 
and acts at any time.’’. 
(b) AGGRAVATED FELONY EFFECTIVE DATE.—Sec-
tion 509(b) of the Immigration Act of 1990 (Public Law 
101–649), as amended by section 306(a)(7) of the Mis-
125 
cellaneous and Technical Immigration and Naturalization 
Amendments 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 in-
serting ‘‘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 oc-
curred before, on, or after such date, and shall apply to 
any application for naturalization or any other benefit or 
relief or any other case or matter under the immigration 
laws pending on, or filed on or after, such date. 
SEC. 613. STRENGTHENING DEFINITIONS OF ‘‘AGGRAVATED 
FELONY’’ AND ‘‘CONVICTION’’. 
(a) IN GENERAL.—Section 101(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)) is amended—
126 
(1) by amending subparagraph (A) of para-
graph (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 evidence contained in the record of convic-
tion 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 grant-
ed to ameliorate the consequences of the conviction, sen-
tence, or conviction record, or was granted for rehabilita-
tive purposes, or for failure to advise the alien of the immi-
gration consequences of a guilty plea or a determination 
of guilt, shall have no effect on the immigration con-
sequences resulting from the original conviction. The alien 
shall have the burden of demonstrating that the reversal, 
vacatur, expungement, or modification was not granted to 
ameliorate the consequences of the conviction, sentence, 
or conviction record, for rehabilitative purposes, or for fail-
ure to advise the alien of the immigration consequences 
of a guilty plea or a determination of guilt.’’.
127 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (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 Im-
migration 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 
following new subparagraph: 
‘‘(G) SOCIAL SECURITY AND IDENTIFICA-
TION FRAUD.—Any alien who at any time after 
admission is convicted of a violation of (or a
128 
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 ex-
clusion proceedings 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 
Homeland Security shall establish and admin-
ister a verification system through which the 
Secretary (or a designee of the Secretary, which 
may be a nongovernmental entity)—
129 
‘‘(i) responds to inquiries made by 
persons at any time through a toll-free 
telephone 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 inquir-
ies that were made, of verifications pro-
vided (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 
shall specify, in consultation with the Commis-
sioner of Social Security, an available secondary
130 
verification process to confirm the validity of in-
formation provided and to provide a final 
verification or nonverification within 10 working 
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 
individuals are authorized to be employed 
and to register all times when such inquir-
ies are not received; 
‘‘(iii) with appropriate administrative, 
technical, and physical safeguards to pre-
vent unauthorized disclosure of personal 
information; and
131 
‘‘(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 reli-
able, secure method, which, within the time pe-
riods specified under subparagraphs (B) and 
(C), compares the name and social security ac-
count number provided in an inquiry against
132 
such information maintained by the Commis-
sioner in order to validate (or not validate) the 
information provided regarding an individual 
whose identity and employment eligibility must 
be confirmed, the correspondence of the name 
and number, and whether the individual has 
presented 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 Se-
curity Act. 
‘‘(F) RESPONSIBILITIES
OF
THE
SEC-
RETARY 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, with-
in the time periods specified under subpara-
graphs (B) and (C), compares the name and 
alien identification or authorization number 
which are provided in an inquiry against such 
information maintained by the Secretary in