216 
‘‘(II) 
An 
alien 
described 
in 
section 
203(c)(2) may file a petition for an immigrant 
visa under section 203(c) during the period be-
ginning on October 1, 2019, and ending on Oc-
tober 1, 2020. Such an alien may file such a 
petition from outside the United States.’’. 
(d) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect on October 
1, 2019. 
SEC. 2105. SUNSET OF ADJUSTMENT VISAS FOR CONDI-
TIONAL NONIMMIGRANTS AND CHILDREN OF 
CERTAIN NONIMMIGRANTS. 
(a) SUNSET.— 
(1) IN GENERAL.—Section 203 of the Immigra-
tion and Nationality Act (8 U.S.C. 1153) is amend-
ed by striking subsection (c). 
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.—The Immigration and Nationality Act (8 
U.S.C. 1101 et seq.) is amended— 
(A) in section 201— 
(i) in subsection (a)— 
(I) in paragraph (1), by adding 
‘‘and’’ at the end; and 
(II) by striking paragraph (3); 
and 
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217 
(ii) by striking subsection (e); 
(B) in section 203(e), by striking para-
graph (2) and redesignating paragraph (3) as 
paragraph (2); and 
(C) in section 204— 
(i) in subsection (a)(1), by striking 
subparagraph (I); and 
(ii) in subsection (e), by striking ‘‘sub-
section (a), (b), or (c) of section 203’’ and 
inserting ‘‘subsection (a) or (b) of section 
203’’. 
(3) EFFECTIVE DATE.—This subsection and the 
amendments made by this subsection shall take ef-
fect on the first day of the first full fiscal year be-
ginning after September 30, 2025 and after the date 
on which no alien has a petition for an immigrant 
visa or adjustment of status under section 203(c) of 
the Immigration and Nationality Act (8 U.S.C. 
1153(c)), or any appeal pertaining to such petition, 
pending. 
(4) ESCROW FOR PENDING APPLICATIONS.— 
(A) IN GENERAL.—On the date of the ef-
fective date of this subsection, a number of im-
migrant visas equal to any visas under section 
203(c)(2) for the prior fiscal year that are un-
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218 
used shall be made available for award to cov-
ered aliens in accordance with section 203(c) of 
the Immigration and Nationality Act, as in ef-
fect on the date that is 1 day prior to the effec-
tive date of this subsection. 
(B) COVERED
ALIEN.—For purposes of 
this paragraph, the term ‘‘covered alien’’ means 
an alien who— 
(i) on the date on which the applica-
tion period under section 204(a)(1)(I) of 
the Immigration and Nationality Act, as in 
effect on the day prior to the effective date 
of this subsection, ended had an applica-
tion pending for contingent nonimmigrant 
status; and 
(ii) was granted contingent non-
immigrant status on or after the effective 
date of this subsection. 
(b) REALLOCATION OF 4TH PRIORITY FAMILY VISAS 
TO EMPLOYMENT CATEGORIES.— 
(1) WORLDWIDE
LEVEL
OF
EMPLOYMENT- 
BASED IMMIGRANTS.—Section 201(d) of the Immi-
gration and Nationality Act (8 U.S.C. 1151(d)) is 
amended to read as follows: 
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219 
‘‘(d) WORLDWIDE LEVEL OF EMPLOYMENT-BASED 
IMMIGRANTS.—The worldwide level of employment-based 
immigrants under this subsection for a fiscal year is equal 
to 205,000 (except that for fiscal year 2020, such level 
is equal to 204,100).’’. 
(2) PREFERENCE
ALLOCATION
FOR
EMPLOY-
MENT-BASED IMMIGRANTS.—Section 203(b) of the 
Immigration and Nationality Act (8 U.S.C. 1153(b)) 
is amended— 
(A) in paragraph (1), in the matter pre-
ceding subparagraph (A), by striking ‘‘28.6 per-
cent of such worldwide level’’ and inserting 
‘‘60,040 (except that for fiscal year 2020, such 
number is equal to 59,740)’’; 
(B) in paragraph (2)(A), by striking ‘‘28.6 
percent of such worldwide level’’ and inserting 
‘‘60,040 (except that for fiscal year 2020, such 
number is equal to 59,740)’’; 
(C) in paragraph (3)(A), by striking ‘‘28.6 
percent of such worldwide level’’ and inserting 
‘‘60,040 (except that for fiscal year 2020, such 
number is equal to 59,740)’’; 
(D) in paragraph (4), by striking ‘‘7.1 per-
cent of such worldwide level’’ and inserting 
‘‘14,940’’; and 
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220 
(E) in paragraph (5)(A), by striking ‘‘7.1 
percent of such worldwide level’’ and inserting 
‘‘9,940’’. 
(3) EFFECTIVE DATE.—This subsection and the 
amendments made by this subsection shall take ef-
fect beginning on October 1, 2019. 
SEC. 2106. IMPLEMENTATION. 
Not later than September 30, 2019, the Secretary of 
Homeland Security shall publish interim final rules imple-
menting this title and the amendments made by this title. 
SEC. 2107. REPEAL OF SUSPENSION OF DEPORTATION AND 
ADJUSTMENT 
OF 
STATUS 
FOR 
CERTAIN 
ALIENS. 
(a) REPEAL
OF
TEMPORARY
REDUCTION
OF 
VISAS.—Section 203 of the Nicaraguan Adjustment and 
Central American Relief Act is amended— 
(1) by striking subsection (d) (8 U.S.C. 1151 
note); and 
(2) by striking subsection (e) (8 U.S.C. 1153 
note). 
(b) REPEAL OF CERTAIN TRANSITION RULE.—Sec-
tion 309 of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (Public Law 104–208; 
division C; 8 U.S.C. 1101 note) is amended— 
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221 
(1) in subsection (c)(5), by striking subpara-
graph (C); 
(2) by striking subsection (f); 
(3) by striking subsection (g); and 
(4) by striking subsection (h). 
(c) REPEAL OF EXCEPTION FOR CERTAIN ALIENS 
FROM ANNUAL LIMITATION ON CANCELLATION OF RE-
MOVALS.—Paragraph (3) of section 240A(e) of the Immi-
gration and Nationality Act (8 U.S.C. 1229b(e)) is 
amended to read as follows: 
‘‘(3) EXCEPTION FOR CERTAIN ALIENS.—Para-
graph (1) shall not apply to aliens in deportation 
proceedings prior to April 1, 1997, who applied for 
suspension of deportation under section 244(a)(3) 
(as in effect before the date of the enactment of the 
Illegal Immigration Reform and Immigrant Respon-
sibility Act of 1996).’’. 
(d) TRANSITION RULE.—The amendments made by 
this section shall take effect on October 1, 2019. 
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222 
TITLE 
III—UNACCOMPANIED 
ALIEN CHILDREN; INTERIOR 
IMMIGRATION 
ENFORCE-
MENT 
SEC. 3101. REPATRIATION OF UNACCOMPANIED ALIEN 
CHILDREN. 
(a) IN GENERAL.—Section 235 of the William Wil-
berforce Trafficking Victims Protection Reauthorization 
Act of 2008 (8 U.S.C. 1232) is amended— 
(1) in subsection (a)— 
(A) in paragraph (2)— 
(i) by amending the heading to read 
as follows: ‘‘RULES FOR UNACCOMPANIED 
ALIEN CHILDREN.—’’; 
(ii) in subparagraph (A)— 
(I) in the matter preceding clause 
(i), by striking ‘‘who is a national or 
habitual resident of a country that is 
contiguous with the United States’’; 
(II) in clause (i), by inserting 
‘‘and’’ at the end; 
(III) in clause (ii), by striking ‘‘; 
and’’ and inserting a period; and 
(IV) by striking clause (iii); 
(iii) in subparagraph (B)— 
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223 
(I) in the matter preceding clause 
(i), by striking ‘‘(8 U.S.C. 1101 et 
seq.) 
may—’’ 
and 
inserting 
‘‘(8 
U.S.C. 1101 et seq.)—’’; 
(II) in clause (i), by inserting be-
fore ‘‘permit such child to withdraw’’ 
the following: ‘‘may’’; and 
(III) in clause (ii), by inserting 
before ‘‘return such child’’ the fol-
lowing: ‘‘shall’’; and 
(iv) in subparagraph (C)— 
(I) by amending the heading to 
read as follows: ‘‘AGREEMENTS WITH 
FOREIGN COUNTRIES.—’’; and 
(II) in the matter preceding 
clause (i), by striking ‘‘The Secretary 
of State shall negotiate agreements 
between the United States and coun-
tries contiguous to the United States’’ 
and inserting ‘‘The Secretary of State 
may negotiate agreements between the 
United States and any foreign country 
that the Secretary determines appro-
priate’’; 
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224 
(B) 
by 
redesignating 
paragraphs 
(3) 
through (5) as paragraphs (4) through (6), re-
spectively, and inserting after paragraph (2) the 
following: 
‘‘(3) SPECIAL RULES FOR INTERVIEWING UNAC-
COMPANIED ALIEN CHILDREN.—An unaccompanied 
alien child shall be interviewed by a dedicated U.S. 
Citizenship and Immigration Services immigration 
officer with specialized training in interviewing child 
trafficking victims. Such officer shall be in plain 
clothes and shall not carry a weapon. The interview 
shall occur in a private room.’’; and 
(C) in paragraph (6)(D) (as so redesig-
nated)— 
(i) in the matter preceding clause (i), 
by striking ‘‘, except for an unaccompanied 
alien child from a contiguous country sub-
ject to exceptions under subsection (a)(2),’’ 
and inserting ‘‘who does not meet the cri-
teria listed in paragraph (2)(A)’’; and 
(ii) in clause (i), by inserting before 
the semicolon at the end the following: ‘‘, 
which shall include a hearing before an im-
migration judge not later than 14 days 
after being screened under paragraph (4)’’; 
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225 
(2) in subsection (b)— 
(A) in paragraph (2)— 
(i) in subparagraph (A), by inserting 
before the semicolon the following: ‘‘be-
lieved not to meet the criteria listed in sub-
section (a)(2)(A)’’; and 
(ii) in subparagraph (B), by inserting 
before the period the following: ‘‘and does 
not meet the criteria listed in subsection 
(a)(2)(A)’’; and 
(B) in paragraph (3), by striking ‘‘an un-
accompanied alien child in custody shall’’ and 
all that follows, and inserting the following: ‘‘an 
unaccompanied alien child in custody— 
‘‘(A) in the case of a child who does not 
meet the criteria listed in subsection (a)(2)(A), 
shall transfer the custody of such child to the 
Secretary of Health and Human Services not 
later than 30 days after determining that such 
child is an unaccompanied alien child who does 
not meet such criteria; or 
‘‘(B) in the case of child who meets the 
criteria listed in subsection (a)(2)(A), may 
transfer the custody of such child to the Sec-
retary of Health and Human Services after de-
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226 
termining that such child is an unaccompanied 
alien child who meets such criteria.’’; and 
(3) in subsection (c)— 
(A) in paragraph (3), by inserting at the 
end the following: 
‘‘(D) INFORMATION
ABOUT
INDIVIDUALS 
WITH WHOM CHILDREN ARE PLACED.— 
‘‘(i) INFORMATION TO BE PROVIDED 
TO HOMELAND SECURITY.—Before placing 
a child with an individual, the Secretary of 
Health and Human Services shall provide 
to the Secretary of Homeland Security, re-
garding the individual with whom the child 
will be placed, the following information: 
‘‘(I) The name of the individual. 
‘‘(II) The social security number 
of the individual, if available. 
‘‘(III) The date of birth of the in-
dividual. 
‘‘(IV) The location of the individ-
ual’s residence where the child will be 
placed. 
‘‘(V) The immigration status of 
the individual, if known. 
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227 
‘‘(VI) Contact information for 
the individual. 
‘‘(ii) SPECIAL RULE.—In the case of a 
child who was apprehended on or after the 
effective date of this clause, and before the 
date of the enactment of this subpara-
graph, who the Secretary of Health and 
Human Services placed with an individual, 
the Secretary shall provide the information 
listed in clause (i) to the Secretary of 
Homeland Security not later than 90 days 
after such date of enactment.’’; and 
(B) in paragraph (5)— 
(i) by inserting after ‘‘to the greatest 
extent practicable’’ the following: ‘‘(at no 
expense to the Government)’’; and 
(ii) by striking ‘‘have counsel to rep-
resent them’’ and inserting ‘‘have access to 
counsel to represent them’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply to any unaccompanied alien child 
apprehended on or after the date of enactment. 
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228 
SEC. 3102. CLARIFICATION OF STANDARDS FOR FAMILY DE-
TENTION. 
(a) IN GENERAL.—Section 235 of the William Wil-
berforce Trafficking Victims Protection Reauthorization 
Act of 2008 (8 U.S.C. 1232) is amended by adding at 
the end the following: 
‘‘(j) CONSTRUCTION.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, judicial determination, consent de-
cree, or settlement agreement, the detention of any 
alien child who is not an unaccompanied alien child 
shall be governed by sections 217, 235, 236, and 
241 of the Immigration and Nationality Act (8 
U.S.C. 1187, 1225, 1226, and 1231). There exists 
no presumption that an alien child who is not an un-
accompanied alien child should not be detained, and 
all such determinations shall be in the discretion of 
the Secretary of Homeland Security. 
‘‘(2) RELEASE OF MINORS OTHER THAN UNAC-
COMPANIED ALIENS.—In no circumstances shall an 
alien minor who is not an unaccompanied alien child 
be released by the Secretary of Homeland Security 
other than to a parent or legal guardian. 
‘‘(3) FAMILY
DETENTION.—The Secretary of 
Homeland Security shall— 
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229 
‘‘(A) maintain the care and custody of an 
alien, during the period during which the 
charges described in clause (i) are pending, 
who— 
‘‘(i) is charged only with a mis-
demeanor offense under section 275(a) of 
the Immigration and Nationality Act (8 
U.S.C. 1325(a)); and 
‘‘(ii) entered the United States with 
the alien’s child who has not attained 18 
years of age; and 
‘‘(B) detain the alien with the alien’s 
child.’’. 
(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 all actions that occur 
before, on, or after the date of the enactment of this Act. 
(c) PREEMPTION OF STATE LICENSING REQUIRE-
MENTS.—Notwithstanding any other provision of law, ju-
dicial determination, consent decree, or settlement agree-
ment, no State may require that an immigration detention 
facility used to detain children who have not attained 18 
years of age, or families consisting of one or more of such 
children and the parents or legal guardians of such chil-
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230 
dren, that is located in that State, be licensed by the State 
or any political subdivision thereof. 
SEC. 3103. DETENTION OF DANGEROUS ALIENS. 
Section 241(a) of the Immigration and Nationality 
Act (8 U.S.C. 1231(a)) is amended— 
(1) by striking ‘‘Attorney General’’ each place 
it appears, except for the first reference in para-
graph (4)(B)(i), and inserting ‘‘Secretary of Home-
land Security’’; 
(2) in paragraph (1), by amending subpara-
graph (B) to read as follows: 
‘‘(B) BEGINNING
OF
PERIOD.—The re-
moval period begins on the latest of the fol-
lowing: 
‘‘(i) The date the order of removal be-
comes administratively final. 
‘‘(ii) If the alien is not in the custody 
of the Secretary on the date the order of 
removal becomes administratively final, the 
date the alien is taken into such custody. 
‘‘(iii) If the alien is detained or con-
fined (except under an immigration proc-
ess) on the date the order of removal be-
comes administratively final, the date the 
alien is taken into the custody of the Sec-
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231 
retary, after the alien is released from such 
detention or confinement.’’; 
(3) in paragraph (1), by amending subpara-
graph (C) to read as follows: 
‘‘(C) SUSPENSION OF PERIOD.— 
‘‘(i) EXTENSION.—The removal period 
shall be extended beyond a period of 90 
days and the Secretary may, in the Sec-
retary’s sole discretion, keep the alien in 
detention during such extended period if— 
‘‘(I) the alien fails or refuses to 
make all reasonable efforts to comply 
with the removal order, or to fully co-
operate with the Secretary’s efforts to 
establish the alien’s identity and carry 
out the removal order, including mak-
ing timely application in good faith 
for travel or other documents nec-
essary to the alien’s departure or con-
spires or acts to prevent the alien’s 
removal that is subject to an order of 
removal; 
‘‘(II) a court, the Board of Immi-
gration Appeals, or an immigration 
judge orders a stay of removal of an 
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232 
alien who is subject to an administra-
tively final order of removal; 
‘‘(III) the Secretary transfers 
custody of the alien pursuant to law 
to another Federal agency or a State 
or local government agency in connec-
tion with the official duties of such 
agency; or 
‘‘(IV) a court or the Board of 
Immigration Appeals orders a remand 
to an immigration judge or the Board 
of Immigration Appeals, during the 
time period when the case is pending 
a decision on remand (with the re-
moval period beginning anew on the 
date that the alien is ordered removed 
on remand). 
‘‘(ii) RENEWAL.—If the removal pe-
riod has been extended under subpara-
graph (C)(i), a new removal period shall be 
deemed to have begun on the date— 
‘‘(I) the alien makes all reason-
able efforts to comply with the re-
moval order, or to fully cooperate with 
the Secretary’s efforts to establish the 
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233 
alien’s identity and carry out the re-
moval order; 
‘‘(II) the stay of removal is no 
longer in effect; or 
‘‘(III) the alien is returned to the 
custody of the Secretary. 
‘‘(iii) MANDATORY
DETENTION
FOR 
CERTAIN ALIENS.—In the case of an alien 
described in subparagraphs (A) through 
(D) of section 236(c)(1), the Secretary 
shall keep that alien in detention during 
the extended period described in clause (i). 
‘‘(iv) SOLE
FORM
OF
RELIEF.—An 
alien may seek relief from detention under 
this subparagraph only by filing an appli-
cation for a writ of habeas corpus in ac-
cordance with chapter 153 of title 28, 
United States Code. No alien whose period 
of detention is extended under this sub-
paragraph shall have the right to seek re-
lease on bond.’’; 
(4) in paragraph (3)— 
(A) by adding after ‘‘If the alien does not 
leave or is not removed within the removal pe-
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234 
riod’’ the following: ‘‘or is not detained pursu-
ant to paragraph (6) of this subsection’’; and 
(B) by striking subparagraph (D) and in-
serting the following: 
‘‘(D) to obey reasonable restrictions on the 
alien’s conduct or activities that the Secretary 
prescribes for the alien, in order to prevent the 
alien from absconding, for the protection of the 
community, or for other purposes related to the 
enforcement of the immigration laws.’’; 
(5) in paragraph (4)(A), by striking ‘‘paragraph 
(2)’’ and inserting ‘‘subparagraph (B)’’; and 
(6) by striking paragraph (6) and inserting the 
following: 
‘‘(6) ADDITIONAL RULES FOR DETENTION OR 
RELEASE OF CERTAIN ALIENS.— 
‘‘(A) DETENTION
REVIEW
PROCESS
FOR 
COOPERATIVE ALIENS ESTABLISHED.—For an 
alien who is not otherwise subject to mandatory 
detention, who has made all reasonable efforts 
to comply with a removal order and to cooper-
ate fully with the Secretary of Homeland Secu-
rity’s efforts to establish the alien’s identity and 
carry out the removal order, including making 
timely application in good faith for travel or 
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235 
other documents necessary to the alien’s depar-
ture, and who has not conspired or acted to 
prevent removal, the Secretary shall establish 
an administrative review process to determine 
whether the alien should be detained or released 
on conditions. The Secretary shall make a de-
termination whether to release an alien after 
the removal period in accordance with subpara-
graph (B). The determination shall include con-
sideration of any evidence submitted by the 
alien, and may include consideration of any 
other evidence, including any information or as-
sistance provided by the Secretary of State or 
other Federal official and any other information 
available to the Secretary of Homeland Security 
pertaining to the ability to remove the alien. 
‘‘(B) AUTHORITY TO DETAIN BEYOND RE-
MOVAL PERIOD.— 
‘‘(i) IN GENERAL.—The Secretary of 
Homeland Security, in the exercise of the 
Secretary’s sole discretion, may continue to 
detain an alien for 90 days beyond the re-
moval period (including any extension of 
the removal period as provided in para-
graph (1)(C)). An alien whose detention is 
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236 
extended under this subparagraph shall 
have no right to seek release on bond. 
‘‘(ii) SPECIFIC CIRCUMSTANCES.—The 
Secretary of Homeland Security, in the ex-
ercise of the Secretary’s sole discretion, 
may continue to detain an alien beyond the 
90 days authorized in clause (i)— 
‘‘(I) until the alien is removed, if 
the Secretary, in the Secretary’s sole 
discretion, determines that there is a 
significant likelihood that the alien— 
‘‘(aa) will be removed in the 
reasonably foreseeable future; or 
‘‘(bb) would be removed in 
the reasonably foreseeable future, 
or would have been removed, but 
for the alien’s failure or refusal 
to make all reasonable efforts to 
comply with the removal order, 
or to cooperate fully with the 
Secretary’s efforts to establish 
the alien’s identity and carry out 
the 
removal 
order, 
including 
making 
timely 
application 
in 
good faith for travel or other doc-
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237 
uments necessary to the alien’s 
departure, or conspires or acts to 
prevent removal; 
‘‘(II) until the alien is removed, 
if the Secretary of Homeland Security 
certifies in writing— 
‘‘(aa) in consultation with 
the Secretary of Health and 
Human Services, that the alien 
has a highly contagious disease 
that poses a threat to public safe-
ty; 
‘‘(bb) after receipt of a writ-
ten recommendation from the 
Secretary of State, that release 
of the alien is likely to have seri-
ous adverse foreign policy con-
sequences for the United States; 
‘‘(cc) based on information 
available to the Secretary of 
Homeland 
Security 
(including 
classified, sensitive, or national 
security information, and without 
regard to the grounds upon 
which the alien was ordered re-
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moved), that there is reason to 
believe that the release of the 
alien would threaten the national 
security of the United States; or 
‘‘(dd) that the release of the 
alien will threaten the safety of 
the community or any person, 
conditions of release cannot rea-
sonably be expected to ensure the 
safety of the community or any 
person, and either (AA)— 
‘‘(AA) the alien has 
been convicted of (aaa) one 
or more aggravated felonies 
(as 
defined 
in 
section 
101(a)(43)(A)), (bbb) one or 
more crimes identified by 
the Secretary of Homeland 
Security by regulation, if the 
aggregate term of imprison-
ment for such crimes is at 
least 5 years, or (ccc) one or 
more attempts or conspir-
acies to commit any such 
aggravated felonies or such 
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239 
identified crimes, if the ag-
gregate term of imprison-
ment for such attempts or 
conspiracies is at least 5 
years; or 
‘‘(BB) the alien has 
committed one or more vio-
lent crimes (as referred to in 
section 101(a)(43)(F), but 
not including a purely polit-
ical offense) and, because of 
a mental condition or per-
sonality disorder and behav-
ior associated with that con-
dition or disorder, the alien 
is likely to engage in acts of 
violence in the future; or 
‘‘(III) pending a certification 
under subclause (II), so long as the 
Secretary of Homeland Security has 
initiated the administrative review 
process not later than 30 days after 
the expiration of the removal period 
(including any extension of the re-
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240 
moval period, as provided in para-
graph (1)(C)). 
‘‘(iii) NO RIGHT TO BOND HEARING.— 
An alien whose detention is extended under 
this subparagraph shall have no right to 
seek release on bond, including by reason 
of a certification under clause (ii)(II). 
‘‘(C) RENEWAL AND DELEGATION OF CER-
TIFICATION.— 
‘‘(i) RENEWAL.—The Secretary of 
Homeland Security may renew a certifi-
cation 
under 
subparagraph 
(B)(ii)(II) 
every 6 months, after providing an oppor-
tunity for the alien to request reconsider-
ation of the certification and to submit 
documents or other evidence in support of 
that request. If the Secretary does not 
renew a certification, the Secretary may 
not continue to detain the alien under sub-
paragraph (B)(ii)(II). 
‘‘(ii) DELEGATION.—Notwithstanding 
section 103, the Secretary of Homeland 
Security may not delegate the authority to 
make or renew a certification described in 
item (bb), (cc), or (dd) of subparagraph 
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241 
(B)(ii)(II) below the level of the Director 
of Immigration and Customs Enforcement. 
‘‘(iii) HEARING.—The Secretary of 
Homeland Security may request that the 
Attorney General or the Attorney General’s 
designee provide for a hearing to make the 
determination described in item (dd)(BB) 
of subparagraph (B)(ii)(II). 
‘‘(D) RELEASE ON CONDITIONS.—If it is 
determined that an alien should be released 
from detention by a Federal court, the Board of 
Immigration Appeals, or if an immigration 
judge orders a stay of removal, the Secretary of 
Homeland Security, in the exercise of the Sec-
retary’s discretion, may impose conditions on 
release as provided in paragraph (3). 
‘‘(E) REDETENTION.—The Secretary of 
Homeland Security, in the exercise of the Sec-
retary’s discretion, without any limitations 
other than those specified in this section, may 
again detain any alien subject to a final re-
moval order who is released from custody, if re-
moval becomes likely in the reasonably foresee-
able future, the alien fails to comply with the 
conditions of release, or to continue to satisfy 
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242 
the conditions described in subparagraph (A), 
or if, upon reconsideration, the Secretary, in 
the Secretary’s sole discretion, determines that 
the alien can be detained under subparagraph 
(B). This section shall apply to any alien re-
turned to custody pursuant to this subpara-
graph, as if the removal period terminated on 
the day of the redetention. 
‘‘(F) REVIEW
OF
DETERMINATIONS
BY 
SECRETARY.—A determination by the Secretary 
under this paragraph shall not be subject to re-
view by any other agency.’’. 
SEC. 3104. DEFINITION OF AGGRAVATED FELONY. 
(a) IN GENERAL.—Section 101(a)(43) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(43)) is 
amended to read as follows: 
‘‘(43) Notwithstanding any other provision of 
law, the term ‘aggravated felony’ means any offense, 
whether in violation of Federal, State, or foreign 
law, that is described in this paragraph. An offense 
described in this paragraph is— 
‘‘(A) homicide (including murder in any 
degree, manslaughter, and vehicular man-
slaughter), rape (whether the victim was con-
scious or unconscious), statutory rape, sexual 
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243 
assault or battery, or any offense of a sexual 
nature involving an intended victim under the 
age of 18 years (including offenses in which the 
intended victim was a law enforcement officer); 
‘‘(B)(i) illicit trafficking in a controlled 
substance (as defined in section 102 of the Con-
trolled Substances Act), including a drug traf-
ficking crime (as defined in section 924(c) of 
title 18, United States Code); or 
‘‘(ii) any offense under State law relating 
to a controlled substance (as so classified under 
State law) which is classified as a felony in that 
State regardless of whether the substance is 
classified as a controlled substance under sec-
tion 102 of the Controlled Substances Act (21 
U.S.C. 802); 
‘‘(C) illicit trafficking in firearms or de-
structive devices (as defined in section 921 of 
title 18, United States Code) or in explosive 
materials (as defined in section 841(c) of that 
title); 
‘‘(D) an offense described in section 1956 
of title 18, United States Code (relating to 
laundering of monetary instruments) or section 
1957 of that title (relating to engaging in mon-
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244 
etary transactions in property derived from spe-
cific unlawful activity) if the amount of the 
funds exceeded $10,000; 
‘‘(E) an offense described in— 
‘‘(i) section 842 or 844 of title 18, 
United States Code (relating to explosive 
materials offenses); 
‘‘(ii) section 922 or 924 of title 18, 
United States Code (relating to firearms 
offenses); or 
‘‘(iii) section 5861 of the Internal 
Revenue Code of 1986 (relating to fire-
arms offenses); 
‘‘(F) a violent crime for which the term of 
imprisonment is at least 1 year, including— 
‘‘(i) any offense that has an element 
the use, attempted use, or threatened use 
of physical force against the person or 
property of another; or 
‘‘(ii) any other offense in which the 
record of conviction establishes that the of-
fender used physical force against the per-
son or property of another in the course of 
committing the offense; 
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245 
‘‘(G)(i) theft (including theft by deceit, 
theft by fraud, embezzlement, motor vehicle 
theft, unauthorized use of a vehicle, or receipt 
of stolen property), regardless of whether the 
intended deprivation was temporary or perma-
nent, for which the term of imprisonment is at 
least 1 year; or 
‘‘(ii) burglary for which the term of impris-
onment is at least 1 year; 
‘‘(H) an offense described in section 875, 
876, 877, or 1202 of title 18, United States 
Code (relating to the demand for or receipt of 
ransom); 
‘‘(I) an offense involving child pornography 
or sexual exploitation of a minor (including any 
offense described in section 2251, 2251A, or 
2252 of title 18, United States Code); 
‘‘(J) an offense described in section 1962 
of title 18, United States Code (relating to 
racketeer influenced corrupt organizations), or 
an offense described in section 1084 (if it is a 
second or subsequent offense) or 1955 of that 
title (relating to gambling offenses); 
‘‘(K) an offense that— 
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246 
‘‘(i) relates to the owning, controlling, 
managing, or supervising of a prostitution 
business; 
‘‘(ii) is described in section 2421, 
2422, or 2423 of title 18, United States 
Code (relating to transportation for the 
purpose of prostitution) if committed for 
commercial advantage; or 
‘‘(iii) is described in any of sections 
1581–1585 or 1588–1591 of title 18, 
United States Code (relating to peonage, 
slavery, involuntary servitude, and traf-
ficking in persons); 
‘‘(L) an offense described in— 
‘‘(i) section 793 (relating to gathering 
or transmitting national defense informa-
tion), 798 (relating to disclosure of classi-
fied information), 2153 (relating to sabo-
tage) or 2381 or 2382 (relating to treason) 
of title 18, United States Code; 
‘‘(ii) section 601 of the National Secu-
rity Act of 1947 (50 U.S.C. 421) (relating 
to protecting the identity of undercover in-
telligence agents); 
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249 
‘‘(N) an offense described in section 274(a) 
(relating to alien smuggling), except in the case 
of a first offense for which the alien has affirm-
atively shown that the alien committed the of-
fense for the purpose of assisting, abetting, or 
aiding only the alien’s spouse, child, or parent 
(and no other individual) to violate a provision 
of this Act; 
‘‘(O) an offense described in section 275 or 
276 for which the term of imprisonment is at 
least 1 year; 
‘‘(P) an offense which is described in chap-
ter 75 of title 18, United States Code, and for 
which the term of imprisonment is at least 1 
year; 
‘‘(Q) an offense relating to a failure to ap-
pear by a defendant for service of sentence if 
the underlying offense is punishable by impris-
onment for a term of 5 years or more; 
‘‘(R) an offense relating to commercial 
bribery, counterfeiting, forgery, or trafficking in 
vehicles the identification numbers of which 
have been altered for which the term of impris-
onment is at least one year; 
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250 
‘‘(S) an offense relating to obstruction of 
justice, perjury or subornation of perjury, or 
bribery of a witness; 
‘‘(T) an offense relating to a failure to ap-
pear before a court pursuant to a court order 
to answer to or dispose of a charge of a felony 
for which a sentence of 2 years’ imprisonment 
or more may be imposed; 
‘‘(U) any offense for which the term of im-
prisonment imposed was 2 years or more; 
‘‘(V) an offense relating to terrorism or 
national security (including a conviction for a 
violation of any provision of chapter 113B of 
title 18, United States Code; or 
‘‘(W)(i) a single conviction for driving 
while intoxicated (including a conviction for 
driving while under the influence of or impair-
ment by alcohol or drugs), when such impaired 
driving was a cause of the serious bodily injury 
or death of another person; or 
‘‘(ii) a second or subsequent conviction for 
driving while intoxicated (including a conviction 
for driving under the influence of or impaired 
by alcohol or drugs); or 
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251 
‘‘(X) an attempt or conspiracy to commit 
an offense described in this paragraph or aid-
ing, abetting, counseling, procuring, com-
manding, inducing, facilitating, or soliciting the 
commission of such an offense. 
Any determinations under this paragraph shall be 
made on the basis of the record of conviction. For 
purposes of this paragraph, a person shall be consid-
ered to have committed an aggravated felony if that 
person has been convicted for 3 or more mis-
demeanors not arising out the traffic laws (except 
for any conviction for driving under the influence or 
an offense that results in the death or serious bodily 
injury of another person) or felonies for which the 
aggregate term of imprisonment imposed was 3 
years or more, regardless of whether the convictions 
were all entered pursuant to a single trial or the of-
fenses arose from a single pattern or scheme of con-
duct.’’. 
(b) EFFECTIVE DATE; APPLICATION
OF AMEND-
MENTS.— 
(1) IN GENERAL.—The amendments made by 
subsection (a)— 
(A) shall take effect on the date of the en-
actment of this Act; and 
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252 
(B) shall apply to any act or conviction 
that occurred before, on, or after such date. 
(2) APPLICATION
OF
IIRIRA
AMENDMENTS.— 
The amendments to section 101(a)(43) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(43)) 
made by section 321 of the Illegal Immigration Re-
form and Immigrant Responsibility Act of 1996 (di-
vision C of Public Law 104–208; 110 Stat. 3009– 
627) shall continue to apply, whether the conviction 
was entered before, on, or after September 30, 1996. 
SEC. 3105. CRIME OF VIOLENCE. 
Section 16 of title 18, United States Code, is amend-
ed to read as follows: 
‘‘§ 16. Crime of violence defined 
‘‘(a) The term ‘crime of violence’ means an offense 
that— 
‘‘(1)(A) is murder, voluntary manslaughter, as-
sault, sexual abuse or aggravated sexual abuse, abu-
sive sexual contact, child abuse, kidnapping, robbery, 
carjacking, firearms use, burglary, arson, extortion, 
communication of threats, coercion, unauthorized 
use of a vehicle, fleeing, interference with flight crew 
members and attendants, domestic violence, hostage 
taking, stalking, human trafficking, or using weap-
ons of mass destruction; or 
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253 
‘‘(B) involves use or unlawful possession of ex-
plosives or destructive devices described in 5845(f) 
of the Internal Revenue Code of 1986; 
‘‘(2) has as an element the use, attempted use, 
or threatened use of physical force against the per-
son or property of another; or 
‘‘(3) is an attempt to commit, conspiracy to 
commit, solicitation to commit, or aiding and abet-
ting any of the offenses set forth in paragraphs (1) 
and (2). 
‘‘(b) In this section: 
‘‘(1) The term ‘abusive sexual contact’ means 
conduct described in section 2244(a)(1) and (a)(2). 
‘‘(2) The terms ‘aggravated sexual abuse’ and 
‘sexual abuse’ mean conduct described in sections 
2241 and 2242. For purposes of such conduct, the 
term ‘sexual act’ means conduct described in section 
2246(2), or the knowing and lewd exposure of geni-
talia or masturbation, to any person, with an intent 
to abuse, humiliate, harass, degrade, or arouse or 
gratify the sexual desire of any person. 
‘‘(3) The term ‘assault’ means conduct de-
scribed in section 113(a), and includes conduct com-
mitted recklessly, knowingly, or intentionally. 
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254 
‘‘(4) The term ‘arson’ means conduct described 
in section 844(i) or unlawfully or willfully damaging 
or destroying any building, inhabited structure, vehi-
cle, vessel, or real property by means of fire or ex-
plosive. 
‘‘(5) The term ‘burglary’ means an unlawful or 
unprivileged entry into, or remaining in, a building 
or structure, including any nonpermanent or mobile 
structure that is adapted or used for overnight ac-
commodation or for the ordinary carrying on of busi-
ness, and, either before or after entering, the per-
son— 
‘‘(A) forms the intent to commit a crime; 
or 
‘‘(B) commits or attempts to commit a 
crime. 
‘‘(6) The term ‘carjacking’ means conduct de-
scribed in section 2119, or the unlawful taking of a 
motor vehicle from the immediate actual possession 
of a person against his will, by means of actual or 
threatened force, or violence or intimidation, or by 
sudden or stealthy seizure or snatching, or fear of 
injury. 
‘‘(7) The term ‘child abuse’ means the unlawful 
infliction of physical injury or the commission of any 
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255 
sexual act against a child under fourteen by any per-
son eighteen years of age or older. 
‘‘(8) The term ‘communication of threats’ 
means conduct described in section 844(e), or the 
transmission of any communications containing any 
threat of use of violence to— 
‘‘(A) demand or request for a ransom or 
reward for the release of any kidnapped person; 
or 
‘‘(B) threaten to kidnap or injure the per-
son of another. 
‘‘(9) The term ‘coercion’ means causing the 
performance or non-performance of any act by an-
other person which under such other person has a 
legal right to do or to abstain from doing, through 
fraud or by the use of actual or threatened force, vi-
olence, or fear thereof, including the use, or an ex-
press or implicit threat of use, of violence to cause 
harm, or threats to cause injury to the person, rep-
utation or property of any person. 
‘‘(10) The term ‘domestic violence’ means any 
assault committed by a current or former spouse, 
parent, or guardian of the victim, by a person with 
whom the victim shares a child in common, by a per-
son who is cohabiting with or has cohabited with the 
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256 
victim as a spouse, parent, or guardian, or by a per-
son similarly situated to a spouse, parent, or guard-
ian of the victim 
‘‘(11) The term ‘extortion’ means conduct de-
scribed in section 1951(b)(2)), but not extortion 
under color of official right or fear of economic loss. 
‘‘(12) The term ‘firearms use’ means conduct 
described in section 924(c) or 929(a), if the firearm 
was brandished, discharged, or otherwise possessed, 
carried, or used as a weapon and the crime of vio-
lence or drug trafficking crime during and in rela-
tion to which the firearm was possessed, carried, or 
used was subject to prosecution in any court of the 
United States, State court, military court or tri-
bunal, or tribal court. Such term also includes un-
lawfully possessing a firearm described in section 
5845(a) of the Internal Revenue Code of 1986 (such 
as a sawed-off shotgun or sawed-off rifle, silencer, 
bomb, or machine gun), possession of a firearm de-
scribed 
in 
section 
922(g)(1), 
922(g)(2) 
and 
922(g)(4), possession of a firearm with the intent to 
use such firearm unlawfully, or reckless discharge of 
a firearm at a dwelling. 
‘‘(13) The term ‘fleeing’ means knowingly oper-
ating a motor vehicle and, following a law enforce-
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257 
ment officer’s signal to bring the motor vehicle to a 
stop— 
‘‘(A) failing or refusing to comply; or 
‘‘(B) fleeing or attempting to elude a law 
enforcement officer. 
‘‘(14) The term ‘force’ means the level of force 
needed or intended to overcome resistance. 
‘‘(15) The term ‘hostage taking’ means conduct 
described in section 1203. 
‘‘(16) The term ‘human trafficking’ means con-
duct described in section 1589, 1590, and 1591. 
‘‘(17) The term ‘interference with flight crew 
members and attendants’ means conduct described 
in section 46504 of title 49, United States Code. 
‘‘(18) The term ‘kidnapping’ means conduct de-
scribed in section 1201(a)(1) or seizing, confining, 
inveigling, decoying, abducting, or carrying away 
and holding for ransom or reward or otherwise any 
person. 
‘‘(19) The term ‘murder’ means conduct de-
scribed as murder in the first degree or murder in 
the second degree described in section 1111. 
‘‘(20) the term ‘robbery’ means conduct de-
scribed in section 1951(b)(1), or the unlawful taking 
or obtaining of personal property from the person or 
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in the presence of another, against his will, by 
means of actual or threatened force, or violence or 
intimidation, or by sudden or stealthy seizure or 
snatching, or fear of injury, immediate or future, to 
his person or property, or property in his custody or 
possession, or the person or property of a relative or 
member of his family or of anyone in his company 
at the time of the taking or obtaining. 
‘‘(21) The term ‘stalking’ means conduct de-
scribed in section 2261A. 
‘‘(22) The term ‘unauthorized use of a motor 
vehicle’ means the intentional or knowing operation 
of another person’s boat, airplane, or motor vehicle 
without the consent of the owner. 
‘‘(23) The term ‘using weapons of mass de-
struction’ means conduct described in section 2332a. 
‘‘(24) the term ‘voluntary manslaughter’ means 
conduct described in section 1112(a). 
‘‘(c) For purposes of this section, in the case of any 
reference in subsection (b) to an offense under this title, 
such reference shall include conduct that constitutes an 
offense under State or tribal law or under the Uniform 
Code of Military Justice, if such conduct would be an of-
fense under this title if a circumstance giving rise to Fed-
eral jurisdiction had existed.’’. 
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‘‘(ii) has participated in the activities 
of a criminal gang (as so defined), knowing 
or having reason to know that such activi-
ties will promote, further, aid, or support 
the illegal activity of the criminal gang; 
‘‘(iii) has been convicted of a violation 
of (or a conspiracy or attempt to violate) 
any law or regulation of a State, the 
United States, or a foreign country relat-
ing to participation or membership in a 
criminal gang; or 
‘‘(iv) any felony or misdemeanor of-
fense for which the alien received a sen-
tencing enhancement predicated on gang 
membership or conduct that promoted, 
furthered, aided, or supported the illegal 
activity of the criminal gang.’’. 
(d) DESIGNATION.— 
(1) IN GENERAL.—Chapter 2 of title II of the 
Immigration and Nationality Act (8 U.S.C. 1182) is 
amended by inserting after section 219 the fol-
lowing: 
‘‘DESIGNATION OF CRIMINAL GANG 
‘‘SEC. 220. 
‘‘(a) DESIGNATION.— 
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