109TH CONGRESS
1ST SESSION
H. R. 418
AN ACT
To establish and rapidly implement regulations for
State driver’s license and identification document
security standards, to prevent terrorists from
abusing the asylum laws of the United States, to
unify terrorism-related grounds for inadmis-
sibility and removal, and to ensure expeditious
construction of the San Diego border fence.
109TH CONGRESS
1ST SESSION
H. R. 418
AN ACT
To establish and rapidly implement regulations for State
driver’s license and identification document security
standards, to prevent terrorists from abusing the asylum
laws of the United States, to unify terrorism-related
grounds for inadmissibility and removal, and to ensure
expeditious construction of the San Diego border fence.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘REAL ID Act of
2005’’.
TITLE I—AMENDMENTS TO FED-
ERAL 
LAWS 
TO 
PROTECT
AGAINST TERRORIST ENTRY
SEC. 101. PREVENTING TERRORISTS FROM OBTAINING RE-
LIEF FROM REMOVAL.
(a) CONDITIONS FOR GRANTING ASYLUM.—Section
208(b)(1) of the Immigration and Nationality Act (8
U.S.C. 1158(b)(1)) is amended—
(1) by striking ‘‘The Attorney General’’ the
first place such term appears and inserting the fol-
lowing:
‘‘(A) 
ELIGIBILITY.—The 
Secretary 
of
Homeland Security or the Attorney General’’;
(2) by striking ‘‘the Attorney General’’ the sec-
ond and third places such term appears and insert-
ing ‘‘the Secretary of Homeland Security or the At-
torney General’’; and
(3) by adding at the end the following:
‘‘(B) BURDEN OF PROOF.—
‘‘(i) IN
GENERAL.—The burden of
proof is on the applicant to establish that
the applicant is a refugee, within the
meaning of section 101(a)(42)(A). To es-
tablish that the applicant is a refugee with-
in the meaning of such section, the appli-
cant must establish that race, religion, na-
tionality, membership in a particular social
group, or political opinion was or will be a
central reason for persecuting the appli-
cant.
‘‘(ii) SUSTAINING BURDEN.—The tes-
timony of the applicant may be sufficient
to sustain the applicant’s burden without
corroboration, but only if the applicant sat-
isfies the trier of fact that the applicant’s
testimony is credible, is persuasive, and re-
fers to specific facts sufficient to dem-
onstrate that the applicant is a refugee. In
determining whether the applicant has met
the applicant’s burden, the trier of fact
may weigh the credible testimony along
with other evidence of record. Where the
trier of fact determines, in the trier of
fact’s discretion, that the applicant should
provide evidence which corroborates other-
wise credible testimony, such evidence
must be provided unless the applicant does
not have the evidence and cannot reason-
ably obtain the evidence without departing
the United States. The inability to obtain
corroborating evidence does not excuse the
applicant from meeting the applicant’s
burden of proof.
‘‘(iii) 
CREDIBILITY
DETERMINA-
TION.—The trier of fact should consider all
relevant factors and may, in the trier of
fact’s discretion, base the trier of fact’s
credibility determination on any such fac-
tor, including the demeanor, candor, or re-
sponsiveness of the applicant or witness,
the inherent plausibility of the applicant’s
or witness’s account, the consistency be-
tween the applicant’s or witness’s written
and oral statements (whenever made and
whether or not made under oath), the in-
ternal consistency of each such statement,
the consistency of such statements with
other evidence of record (including the re-
ports of the Department of State on coun-
try conditions), and any inaccuracies or
falsehoods in such statements, without re-
gard to whether an inconsistency, inaccu-
racy, or falsehood goes to the heart of the
applicant’s claim. There is no presumption
of credibility.’’.
(b) WITHHOLDING OF REMOVAL.—Section 241(b)(3)
of the Immigration and Nationality Act (8 U.S.C.
1231(b)(3)) is amended by adding at the end the fol-
lowing:
‘‘(C) SUSTAINING
BURDEN
OF
PROOF;
CREDIBILITY
DETERMINATIONS.—In 
deter-
mining whether an alien has demonstrated that
the alien’s life or freedom would be threatened
for a reason described in subparagraph (A), the
trier of fact shall determine whether the alien
has sustained the alien’s burden of proof, and
shall make credibility determinations, in the
manner described in clauses (ii) and (iii) of sec-
tion 208(b)(1)(B).’’.
(c) OTHER REQUESTS
FOR RELIEF FROM RE-
MOVAL.—Section 240(c) of the Immigration and Nation-
ality Act (8 U.S.C. 1230(c)) is amended—
(1) by redesignating paragraphs (4), (5), and
(6) as paragraphs (5), (6), and (7), respectively; and
(2) by inserting after paragraph (3) the fol-
lowing:
‘‘(4) APPLICATIONS
FOR
RELIEF
FROM
RE-
MOVAL.—
‘‘(A) IN GENERAL.—An alien applying for
relief or protection from removal has the bur-
den of proof to establish that the alien—
‘‘(i) satisfies the applicable eligibility
requirements; and
‘‘(ii) with respect to any form of relief
that is granted in the exercise of discre-
tion, that the alien merits a favorable exer-
cise of discretion.
‘‘(B) SUSTAINING
BURDEN.—The appli-
cant must comply with the applicable require-
ments to submit information or documentation
in support of the applicant’s application for re-
lief or protection as provided by law or by regu-
lation or in the instructions for the application
form. In evaluating the testimony of the appli-
cant or other witness in support of the applica-
tion, the immigration judge will determine
whether or not the testimony is credible, is per-
suasive, and refers to specific facts sufficient to
demonstrate that the applicant has satisfied the
applicant’s burden of proof. In determining
whether the applicant has met such burden, the
immigration judge shall weigh the credible testi-
mony along with other evidence of record.
Where the immigration judge determines in the
judge’s discretion that the applicant should pro-
vide evidence which corroborates otherwise cred-
ible testimony, such evidence must be provided
unless the applicant demonstrates that the ap-
plicant does not have the evidence and cannot
reasonably obtain the evidence without depart-
ing from the United States. The inability to ob-
tain corroborating evidence does not excuse the
applicant from meeting the burden of proof.
‘‘(C) CREDIBILITY DETERMINATION.—The
immigration judge should consider all relevant
factors and may, in the judge’s discretion, base
the judge’s credibility determination on any
such factor, including the demeanor, candor, or
responsiveness of the applicant or witness, the
inherent plausibility of the applicant’s or
witness’s account, the consistency between the
applicant’s or witness’s written and oral state-
ments (whenever made and whether or not
made under oath), the internal consistency of
each such statement, the consistency of such
statements with other evidence of record (in-
cluding the reports of the Department of State
on country conditions), and any inaccuracies or
falsehoods in such statements, without regard
to whether an inconsistency, inaccuracy, or
falsehood goes to the heart of the applicant’s
claim. There is no presumption of credibility.’’.
(d) STANDARD OF REVIEW FOR ORDERS OF RE-
MOVAL.—Section 242(b)(4) of the Immigration and Na-
tionality Act (8 U.S.C. 1252(b)(4)) is amended by adding
at the end, after subparagraph (D), the following: ‘‘No
court shall reverse a determination made by a trier of fact
with respect to the availability of corroborating evidence,
as described in section 208(b)(1)(B), 240(c)(4)(B), or
241(b)(3)(C), unless the court finds that a reasonable
trier of fact is compelled to conclude that such corrobo-
rating evidence is unavailable.’’.
(e) 
CLARIFICATION
OF
DISCRETION.—Section
242(a)(2)(B) of the Immigration and Nationality Act (8
U.S.C. 1252(a)(2)(B)) is amended—
(1) by inserting ‘‘or the Secretary of Homeland
Security’’ after ‘‘Attorney General’’ each place such
term appears; and
(2) in the matter preceding clause (i), by insert-
ing ‘‘and regardless of whether the judgment, deci-
sion, or action is made in removal proceedings,’’
after ‘‘other provision of law,’’.
(f) REMOVAL OF CAPS.—Section 209 of the Immigra-
tion and Nationality Act (8 U.S.C. 1159) is amended—
(1) in subsection (a)(1)—
(A) by striking ‘‘Service’’ and inserting
‘‘Department of Homeland Security’’; and
(B) by striking ‘‘Attorney General’’ each
place such term appears and inserting ‘‘Sec-
retary of Homeland Security or the Attorney
General’’;
(2) in subsection (b)—
(A) by striking ‘‘Not more’’ and all that
follows through ‘‘asylum who—’’ and inserting
‘‘The Secretary of Homeland Security or the
Attorney General, in the Secretary’s or the At-
torney General’s discretion and under such reg-
ulations as the Secretary or the Attorney Gen-
eral may prescribe, may adjust to the status of
an alien lawfully admitted for permanent resi-
dence the status of any alien granted asylum
who—’’; and
(B) in the matter following paragraph (5),
by striking ‘‘Attorney General’’ and inserting
‘‘Secretary of Homeland Security or the Attor-
ney General’’; and
(3) in subsection (c), by striking ‘‘Attorney
General’’ and inserting ‘‘Secretary of Homeland Se-
curity or the Attorney General’’.
(g) EFFECTIVE DATES.—
(1) The amendments made by paragraphs (1)
and (2) of subsection (a) shall take effect as if en-
acted on March 1, 2003.
(2) The amendments made by subsections
(a)(3), (b), and (c) shall take effect on the date of
the enactment of this Act and shall apply to applica-
tions for asylum, withholding, or other removal made
on or after such date.
(3) The amendment made by subsection (d)
shall take effect on the date of the enactment of this
Act and shall apply to all cases in which the final
administrative removal order is or was issued before,
on, or after such date.
(4) The amendments made by subsection (e)
shall take effect on the date of the enactment of this
Act and shall apply to all cases pending before any
court on or after such date.
(5) The amendments made by subsection (f)
shall take effect on the date of the enactment of this
Act.
(h) REPEAL.—Section 5403 of the Intelligence Re-
form and Terrorism Prevention Act of 2004 (Public Law
108–458) is repealed.
SEC. 102. WAIVER OF LAWS NECESSARY FOR IMPROVE-
MENT OF BARRIERS AT BORDERS.
Section 102(c) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1103
note) is amended to read as follows:
‘‘(c) WAIVER.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of law, the Secretary of Homeland Security
shall have the authority to waive, and shall waive, all
laws such Secretary, in such Secretary’s sole discre-
tion, determines necessary to ensure expeditious con-
struction of the barriers and roads under this sec-
tion.
‘‘(2) NO JUDICIAL REVIEW.—Notwithstanding
any other provision of law (statutory or nonstatu-
tory), no court, administrative agency, or other enti-
ty shall have jurisdiction—
‘‘(A) to hear any cause or claim arising
from any action undertaken, or any decision
made, by the Secretary of Homeland Security
pursuant to paragraph (1); or
‘‘(B) to order compensatory, declaratory,
injunctive, equitable, or any other relief for
damage alleged to arise from any such action or
decision.’’.
SEC. 103. INADMISSIBILITY DUE TO TERRORIST AND TER-
RORIST-RELATED ACTIVITIES.
(a) 
IN
GENERAL.—So 
much 
of 
section
212(a)(3)(B)(i) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(3)(B)(i)) as precedes the final sentence
is amended to read as follows:
‘‘(i) IN GENERAL.—Any alien who—
‘‘(I) has engaged in a terrorist
activity;
‘‘(II) a consular officer, the At-
torney General, or the Secretary of
Homeland Security knows, or has rea-
sonable ground to believe, is engaged
in or is likely to engage after entry in
any terrorist activity (as defined in
clause (iv));
‘‘(III) has, under circumstances
indicating an intention to cause death
or serious bodily harm, incited ter-
rorist activity;
‘‘(IV) is a representative (as de-
fined in clause (v)) of—
‘‘(aa) a terrorist organiza-
tion (as defined in clause (vi)); or
‘‘(bb) a political, social, or
other group that endorses or es-
pouses terrorist activity;
‘‘(V) is a member of a terrorist
organization described in subclause (I)
or (II) of clause (vi);
‘‘(VI) is a member of a terrorist
organization 
described 
in 
clause
(vi)(III), unless the alien can dem-
onstrate by clear and convincing evi-
dence that the alien did not know, and
should not reasonably have known,
that the organization was a terrorist
organization;
‘‘(VII) endorses or espouses ter-
rorist activity or persuades others to
endorse or espouse terrorist activity or
support a terrorist organization;
‘‘(VIII) has received military-type
training 
(as 
defined 
in 
section
2339D(c)(1) of title 18, United States
Code) from or on behalf of any orga-
nization that, at the time the training
was received, was a terrorist organiza-
tion (as defined in clause (vi)); or
‘‘(IX) is the spouse or child of an
alien who is inadmissible under this
subparagraph, if the activity causing
the alien to be found inadmissible oc-
curred within the last 5 years,
is inadmissible.’’.
(b) ENGAGE IN TERRORIST ACTIVITY DEFINED.—
Section 212(a)(3)(B)(iv) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(a)(3)(B)(iv)) is amended to read
as follows:
‘‘(iv) ENGAGE IN TERRORIST ACTIVITY
DEFINED.—As used in this Act, the term
‘engage in terrorist activity’ means, in an
individual capacity or as a member of an
organization—
‘‘(I) to commit or to incite to
commit, under circumstances indi-
cating an intention to cause death or
serious bodily injury, a terrorist activ-
ity;
‘‘(II) to prepare or plan a ter-
rorist activity;
‘‘(III) to gather information on
potential targets for terrorist activity;
‘‘(IV) to solicit funds or other
things of value for—
‘‘(aa) a terrorist activity;
‘‘(bb) a terrorist organiza-
tion described in clause (vi)(I) or
(vi)(II); or
‘‘(cc) a terrorist organiza-
tion described in clause (vi)(III),
unless the solicitor can dem-
onstrate by clear and convincing
evidence that he did not know,
and should not reasonably have
known, that the organization was
a terrorist organization;
‘‘(V) to solicit any individual—
‘‘(aa) to engage in conduct
otherwise described in this sub-
section;
‘‘(bb) for membership in a
terrorist organization described
in clause (vi)(I) or (vi)(II); or
‘‘(cc) for membership in a
terrorist organization described
in clause (vi)(III) unless the so-
licitor can demonstrate by clear
and convincing evidence that he
did not know, and should not
reasonably have known, that the
organization was a terrorist orga-
nization; or
‘‘(VI) to commit an act that the
actor knows, or reasonably should
know, affords material support, in-
cluding a safe house, transportation,
communications, funds, transfer of
funds or other material financial ben-
efit, false documentation or identifica-
tion, weapons (including chemical, bi-
ological, or radiological weapons), ex-
plosives, or training—
‘‘(aa) for the commission of
a terrorist activity;
‘‘(bb) to any individual who
the actor knows, or reasonably
should know, has committed or
plans to commit a terrorist activ-
ity;
‘‘(cc) to a terrorist organiza-
tion described in subclause (I) or
(II) of clause (vi) or to any mem-
ber of such an organization; or
‘‘(dd) to a terrorist organi-
zation 
described 
in 
clause
(vi)(III), or to any member of
such an organization, unless the
actor can demonstrate by clear
and convincing evidence that the
actor did not know, and should
not reasonably have known, that
the organization was a terrorist
organization.
This clause shall not apply to any material
support the alien afforded to an organiza-
tion or individual that has committed ter-
rorist activity, if the Secretary of State,
after consultation with the Attorney Gen-
eral and the Secretary of Homeland Secu-
rity, or the Attorney General, after con-
sultation with the Secretary of State and
the Secretary of Homeland Security, con-
cludes in his sole unreviewable discretion,
that this clause should not apply.’’.
(c) TERRORIST ORGANIZATION DEFINED.—Section
212(a)(3)(B)(vi) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(3)(B)(vi)) is amended to read as fol-
lows:
‘‘(vi) TERRORIST ORGANIZATION DE-
FINED.—As used in this section, the term
‘terrorist 
organization’ 
means 
an
organization—
‘‘(I) designated under section
219;
‘‘(II) otherwise designated, upon
publication in the Federal Register, by
the Secretary of State in consultation
with or upon the request of the Attor-
ney General or the Secretary of
Homeland Security, as a terrorist or-
ganization, after finding that the or-
ganization engages in the activities
described in subclauses (I) through
(VI) of clause (iv); or
‘‘(III) that is a group of two or
more individuals, whether organized
or not, which engages in, or has a
subgroup which engages in, the activi-
ties 
described 
in 
subclauses 
(I)
through (VI) of clause (iv).’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of the enactment
of this Act, and these amendments, and section
212(a)(3)(B) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)), as amended by this section, shall
apply to—
(1) removal proceedings instituted before, on, or
after the date of the enactment of this Act; and
(2) acts and conditions constituting a ground
for inadmissibility, excludability, deportation, or re-
moval occurring or existing before, on, or after such
date.
SEC. 104. REMOVAL OF TERRORISTS.
(a) IN GENERAL.—
(1) IN GENERAL.—Section 237(a)(4)(B) of the
Immigration 
and 
Nationality 
Act 
(8 
U.S.C.
1227(a)(4)(B)) is amended to read as follows:
‘‘(B) TERRORIST
ACTIVITIES.—Any alien
who is described in subparagraph (B) or (F) of
section 212(a)(3) is deportable.’’.
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall take effect on the date of the
enactment of this Act, and the amendment, and sec-
tion 237(a)(4)(B) of the Immigration and Nation-
ality Act (8 U.S.C. 1227(a)(4)(B)), as amended by
such paragraph, shall apply to—
(A) removal proceedings instituted before,
on, or after the date of the enactment of this
Act; and
(B) acts and conditions constituting a
ground for inadmissibility, excludability, depor-
tation, or removal occurring or existing before,
on, or after such date.
(b) REPEAL.—Effective as of the date of the enact-
ment of the Intelligence Reform and Terrorism Prevention
Act of 2004 (Public Law 108–458), section 5402 of such
Act is repealed, and the Immigration and Nationality Act
shall be applied as if such section had not been enacted.
SEC. 105. JUDICIAL REVIEW OF ORDERS OF REMOVAL.
(a) IN GENERAL.—Section 242 of the Immigration
and Nationality Act (8 U.S.C. 1252) is amended—
(1) in subsection (a)—
(A) in paragraph (2)—
(i) in subparagraph (A), by inserting
‘‘(statutory or nonstatutory), including sec-
tion 2241 of title 28, United States Code,
or any other habeas corpus provision, and
sections 1361 and 1651 of such title’’ after
‘‘Notwithstanding any other provision of
law’’;
(ii) in each of subparagraphs (B) and
(C), by inserting ‘‘(statutory or nonstatu-
tory), including section 2241 of title 28,
United States Code, or any other habeas
corpus provision, and sections 1361 and
1651 of such title, and except as provided
in subparagraph (D)’’ after ‘‘Notwith-
standing any other provision of law’’; and
(iii) by adding at the end the fol-
lowing:
‘‘(D) JUDICIAL
REVIEW
OF
CERTAIN
LEGAL CLAIMS.—Nothing in subparagraph (B)
or (C), or in any other provision of this Act
which limits or eliminates judicial review, shall
be construed as precluding review of constitu-
tional claims or pure questions of law raised
upon a petition for review filed with an appro-
priate court of appeals in accordance with this
section.’’; and
(B) by adding at the end the following:
‘‘(4) CLAIMS
UNDER
THE
UNITED
NATIONS
CONVENTION.—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, a petition for review filed with an
appropriate court of appeals in accordance with this
section shall be the sole and exclusive means for ju-
dicial review of any cause or claim under the United
Nations Convention Against Torture and Other
Forms of Cruel, Inhuman, or Degrading Treatment
or Punishment, except as provided in subsection (e).
‘‘(5) EXCLUSIVE MEANS OF REVIEW.—Notwith-
standing any other provision of law (statutory or
nonstatutory), including section 2241 of title 28,
United States Code, or any other habeas corpus pro-
vision, and sections 1361 and 1651 of such title, a
petition for review filed with an appropriate court of
appeals in accordance with this section shall be the
sole and exclusive means for judicial review of an
order of removal entered or issued under any provi-
sion of this Act, except as provided in subsection (e).