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‘‘(2) PRIOR TO THE CONCLUSION OF REMOVAL 
PROCEEDINGS.—After removal proceedings under 
section 240 are initiated, the Attorney General may 
permit an alien voluntarily to depart the United 
States at the alien’s own expense under this sub-
section, prior to the conclusion of such proceedings 
before an immigration judge, if the alien is not de-
scribed in section 237(a)(2)(A)(iii) or section 
237(a)(4).’’; and 
(E) in paragraph (4), by striking ‘‘para-
graph (1)’’ and inserting ‘‘paragraphs (1) and 
(2)’’. 
(2) VOLUNTARY
DEPARTURE
PERIOD.—Such 
section is further amended— 
(A) in subsection (a)(3), as redesignated 
by paragraph (1)(C)— 
(i) by amending subparagraph (A) to 
read as follows: 
‘‘(A) IN LIEU OF REMOVAL.—Subject to 
subparagraph (C), permission to depart volun-
tarily under paragraph (1) shall not be valid for 
a period exceeding 120 days. The Secretary of 
Homeland Security may require an alien per-
mitted to depart voluntarily under paragraph 
(1) to post a voluntary departure bond, to be
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surrendered upon proof that the alien has de-
parted the United States within the time speci-
fied.’’; 
(ii) in subparagraph (B), by striking 
‘‘subparagraphs (C) and (D)(ii)’’ and in-
serting ‘‘subparagraphs (D) and (E)(ii)’’; 
(iii) in subparagraphs (C) and (D), by 
striking ‘‘subparagraph (B)’’ and inserting 
‘‘subparagraph (C)’’ each place it appears; 
(iv) by redesignating subparagraphs 
(B), (C), and (D) as subparagraphs (C), 
(D), and (E), respectively; and 
(v) by inserting after subparagraph 
(A) the following new subparagraph: 
‘‘(B) PRIOR TO THE CONCLUSION OF RE-
MOVAL
PROCEEDINGS.—Permission to depart 
voluntarily under paragraph (2) shall not be 
valid for a period exceeding 60 days, and may 
be granted only after a finding that the alien 
has established that the alien has the means to 
depart the United States and intends to do so. 
An alien permitted to depart voluntarily under 
paragraph (2) must post a voluntary departure 
bond, in an amount necessary to ensure that 
the alien will depart, to be surrendered upon
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proof that the alien has departed the United 
States within the time specified. An immigra-
tion judge may waive posting of a voluntary de-
parture bond in individual cases upon a finding 
that the alien has presented compelling evidence 
that the posting of a bond will be a serious fi-
nancial hardship and the alien has presented 
credible evidence that such a bond is unneces-
sary to guarantee timely departure.’’; and 
(B) in subsection (b)(2), by striking ‘‘60 
days’’ and inserting ‘‘45 days’’. 
(3) VOLUNTARY
DEPARTURE
AGREEMENTS.— 
Subsection (c) of such section is amended to read as 
follows: 
‘‘(c) CONDITIONS ON VOLUNTARY DEPARTURE.— 
‘‘(1) VOLUNTARY
DEPARTURE
AGREEMENT.— 
Voluntary departure will be granted only as part of 
an affirmative agreement by the alien. A voluntary 
departure agreement under subsection (b) shall in-
clude a waiver of the right to any further motion, 
appeal, application, petition, or petition for review 
relating to removal or relief or protection from re-
moval. 
‘‘(2) CONCESSIONS
BY
THE
SECRETARY.—In 
connection with the alien’s agreement to depart vol-
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untarily under paragraph (1), the Secretary of 
Homeland Security in the exercise of discretion may 
agree to a reduction in the period of inadmissibility 
under subparagraph (A) or (B)(i) of section 
212(a)(9). 
‘‘(3) FAILURE TO COMPLY WITH AGREEMENT 
AND
EFFECT
OF
FILING
TIMELY
APPEAL.—If an 
alien agrees to voluntary departure under this sec-
tion and fails to depart the United States within the 
time allowed for voluntary departure or fails to com-
ply with any other terms of the agreement (including 
a failure to timely post any required bond), the alien 
automatically becomes ineligible for the benefits of 
the agreement, subject to the penalties described in 
subsection (d), and subject to an alternate order of 
removal if voluntary departure was granted under 
subsection (a)(2) or (b). However, if an alien agrees 
to voluntary departure but later files a timely appeal 
of the immigration judge’s decision granting vol-
untary departure, the alien may pursue the appeal 
instead of the voluntary departure agreement. Such 
appeal operates to void the alien’s voluntary depar-
ture agreement and the consequences thereof, but 
the alien may not again be granted voluntary depar-
ture while the alien remains in the United States.’’.
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(4) ELIGIBILITY.—Subsection (e) of such sec-
tion is amended to read as follows: 
‘‘(e) ELIGIBILITY.— 
‘‘(1) PRIOR
GRANT
OF
VOLUNTARY
DEPAR-
TURE.—An alien shall not be permitted to depart 
voluntarily under this section if the Secretary of 
Homeland Security or the Attorney General pre-
viously permitted the alien to depart voluntarily. 
‘‘(2) ADDITIONAL
LIMITATIONS.—The Sec-
retary of Homeland Security may by regulation limit 
eligibility or impose additional conditions for vol-
untary departure under subsection (a)(1) for any 
class or classes of aliens. The Secretary or Attorney 
General may by regulation limit eligibility or impose 
additional conditions for voluntary departure under 
subsection (a)(2) or (b) for any class or classes of 
aliens. 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 section 1361 and 1651 of such 
title, no court may review any regulation issued 
under this subsection.’’. 
(b) AVOIDING
DELAYS
IN
VOLUNTARY
DEPAR-
TURE.—
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(1) ALIEN’S OBLIGATION TO DEPART WITHIN 
THE
TIME
ALLOWED.—Subsection (c) of section 
240B of the Immigration and Nationality Act (8 
U.S.C. 1229c), as amended by subsection (a), is fur-
ther amended by adding at the end the following 
new paragraph: 
‘‘(4) VOLUNTARY DEPARTURE PERIOD NOT AF-
FECTED.—Except as expressly agreed to by the Sec-
retary of Homeland Security in writing in the exer-
cise of the Secretary’s discretion before the expira-
tion of the period allowed for voluntary departure, 
no motion, appeal, application, petition, or petition 
for review shall affect, reinstate, enjoin, delay, stay, 
or toll the alien’s obligation to depart from the 
United States during the period agreed to by the 
alien and the Secretary.’’. 
(2) NO TOLLING.—Subsection (f) of such sec-
tion is amended by adding at the end the following 
new sentence: ‘‘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 section 1361 and 1651 
of such title, no court shall have jurisdiction to af-
fect, reinstate, enjoin, delay, stay, or toll the period 
allowed for voluntary departure under this section.’’.
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(c) PENALTIES FOR FAILURE TO DEPART VOLUN-
TARILY.— 
(1) PENALTIES
FOR
FAILURE
TO
DEPART.— 
Subsection (d) of section 240B of the Immigration 
and Nationality Act (8 U.S.C. 229c) is amended to 
read as follows: 
‘‘(d) PENALTIES FOR FAILURE TO DEPART.—If an 
alien is permitted to depart voluntarily under this section 
and fails voluntarily to depart from the United States 
within the time period specified or otherwise violates the 
terms of a voluntary departure agreement, the following 
provisions apply: 
‘‘(1) CIVIL PENALTY.— 
‘‘(A) IN GENERAL.—The alien will be liable 
for a civil penalty of $3,000. 
‘‘(B) SPECIFICATION
IN
ORDER.—The 
order allowing voluntary departure shall specify 
the amount of the penalty, which shall be ac-
knowledged by the alien on the record. 
‘‘(C) COLLECTION.—If the Secretary of 
Homeland Security thereafter establishes that 
the alien failed to depart voluntarily within the 
time allowed, no further procedure will be nec-
essary to establish the amount of the penalty, 
and the Secretary may collect the civil penalty
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at any time thereafter and by whatever means 
provided by law. 
‘‘(D) INELIGIBILITY FOR BENEFITS.—An 
alien will be ineligible for any benefits under 
this title until any civil penalty under this sub-
section is paid. 
‘‘(2) INELIGIBILITY
FOR
RELIEF.—The alien 
will be ineligible during the time the alien remains 
in the United States and for a period of 10 years 
after the alien’s departure for any further relief 
under this section and sections 240A, 245, 248, and 
249. 
‘‘(3) REOPENING.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the alien will be ineligible to reopen 
a final order of removal which took effect upon 
the alien’s failure to depart, or the alien’s viola-
tion of the conditions for voluntary departure, 
during the period described in paragraph (2). 
‘‘(B) 
EXCEPTION.—Subparagraph 
(A) 
does not preclude a motion to reopen to seek 
withholding of removal under section 241(b)(3) 
or protection against torture.
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The order permitting the alien to depart voluntarily 
under this section shall inform the alien of the pen-
alties under this subsection.’’. 
(2) IMPLEMENTATION OF EXISTING STATUTORY 
PENALTIES.—The Secretary of Homeland Security 
shall implement regulations to provide for the impo-
sition and collection of penalties for failure to depart 
under section 240B(d) of the Immigration and Na-
tionality Act, as amended by paragraph (1). 
(d) EFFECTIVE DATES.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this section 
shall apply with respect to all orders granting vol-
untary departure under section 240B of the Immi-
gration and Nationality Act (8 U.S.C. 1229c) made 
on or after the date that is 180 days after the date 
of the enactment of this Act. 
(2) EXCEPTION.—The amendment made by 
subsection (b)(2) shall take effect on the date of the 
enactment of this Act and shall apply with respect 
to any petition for review which is entered on or 
after such date.
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SEC. 209. DETERRING ALIENS ORDERED REMOVED FROM 
REMAINING IN THE UNITED STATES UNLAW-
FULLY AND FROM UNLAWFULLY RETURNING 
TO THE UNITED STATES AFTER DEPARTING 
VOLUNTARILY. 
(a) INADMISSIBLE ALIENS.—Paragraph (9) of sec-
tion 212(a) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)) is amended— 
(1) in subparagraph (A)(i), by striking ‘‘within 
5 years of’’ and inserting ‘‘before, or within 5 years 
of,’’; and 
(2) in subparagraph (A)(ii) by striking ‘‘within 
10 years of’’ and inserting ‘‘before, or within 10 
years of,’’. 
(b) FAILURE TO DEPART, APPLY FOR TRAVEL DOC-
UMENTS, OR APPEAR FOR REMOVAL OR CONSPIRACY TO 
PREVENT OR HAMPER DEPARTURE.—Section 274D of 
such Act (8 U.S.C. 1324d) is amended— 
(1) in subsection (a), by striking ‘‘Commis-
sioner’’ and inserting ‘‘Secretary of Homeland Secu-
rity’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(c) INELIGIBILITY FOR RELIEF.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
unless a timely motion to reopen is granted under
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section 240(c)(6), an alien described in subsection 
(a) shall be ineligible for any discretionary relief 
from removal pursuant to a motion to reopen during 
the time the alien remains in the United States and 
for a period of 10 years after the alien’s departure. 
‘‘(2) EXCEPTION.—Paragraph (1) does not pre-
clude a motion to reopen to seek withholding of re-
moval under section 241(b)(3) or protection against 
torture.’’. 
(c) DETERRING ALIENS FROM UNLAWFULLY RE-
TURNING TO THE UNITED STATES AFTER DEPARTING 
VOLUNTARILY.—Section 275(a) of such Act (8 U.S.C. 
1325(a)) is amended by inserting ‘‘or following an order 
of voluntary departure’’ after ‘‘a subsequent commission 
of any such offense’’. 
(d) EFFECTIVE DATES.— 
(1) IN GENERAL.—The amendments made by 
subsections (a) and (b) shall take effect on the date 
of the enactment of this Act with respect to aliens 
who are subject to a final order of removal, whether 
the removal order was entered before, on, or after 
such date. 
(2) VOLUNTARY DEPARTURE.—The amendment 
made by subsection (c) shall take effect on the date
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of the enactment of this Act and shall apply with re-
spect to conduct occurring on or after such date. 
SEC. 210. ESTABLISHMENT OF THE FORENSIC DOCUMENTS 
LABORATORY. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall establish a Fraudulent Documents Center (to be 
known as the Forensic Document Laboratory) to carry out 
the following: 
(1) Collect information from Federal, State, 
and local law enforcement agencies, and foreign gov-
ernments on the production, sale, distribution, and 
use of fraudulent documents intended to be used to 
enter, travel, or remain within the United States un-
lawfully. 
(2) Maintain the information described in para-
graph (1) in a comprehensive database. 
(3) Maintain a repository of genuine and fraud-
ulent travel and identity document exemplars. 
(4) Convert the information collected into re-
ports that provide guidance to government officials 
in identifying fraudulent documents being used to 
enter into, travel within, or remain in the United 
States.
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(5) Develop a system for distributing these re-
ports on an ongoing basis to appropriate Federal, 
State, and local law enforcement agencies. 
(b) DISTRIBUTION OF INFORMATION.—The Forensic 
Document Laboratory shall distribute its reports to appro-
priate Federal, State, and local law enforcement agencies 
on an ongoing basis. 
SEC. 211. SECTION 1546 AMENDMENTS. 
(a) Section 1546(a) of title 18, United States Code, 
is amended in the first paragraph by inserting ‘‘distributes 
(or intends to distribute),’’ before ‘‘or falsely’’ the first 
place it appears. 
(b) Section 1546(a) of title 18, United States Code, 
is amended in the first paragraph by inserting ‘‘distrib-
uted,’’ before ‘‘or falsely’’ the second place it appears.. 
SEC. 212. MOTIONS TO REOPEN OR RECONSIDER. 
(a) EXERCISE OF DISCRETION.—Section 240(c) of 
the Immigration and Nationality Act (8 U.S.C. 1229a(c)) 
is amended— 
(1) by adding at the end of paragraph (5) the 
following new subparagraph: 
‘‘(D) DISCRETION.—The decision to grant 
or deny a motion to reconsider is committed to 
the Attorney General’s discretion.’’; and
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(2) by adding at the end of paragraph (6) the 
following new subparagraph: 
‘‘(D) DISCRETION.—The decision to grant 
or deny a motion to reopen is committed to the 
Attorney General’s discretion.’’. 
(b) PRIMA FACIE ELIGIBILITY
FOR PROTECTION 
FROM REMOVAL
TO ALTERNATIVE COUNTRY
OF RE-
MOVAL NOT PREVIOUSLY CONSIDERED.—Section 240(c) 
of the Immigration and Nationality Act (8 U.S.C. 1229a) 
is further amended by adding at the end of paragraph (6) 
the following new subparagraph: 
‘‘(E) SPECIAL
RULE
FOR
ALTERNATIVE 
COUNTRIES OF REMOVAL.—The time and nu-
merical limitations specified in this paragraph 
shall not apply if— 
‘‘(i) the Secretary seeks to remove the 
alien to an alternative or additional coun-
try of removal under subparagraph (D) or 
(E) of section 241(b)(2) that had not been 
considered during the alien’s prior removal 
proceedings; 
‘‘(ii) the alien’s motion to reopen is 
filed within 30 days after the date the 
alien receives notice of the Secretary’s in-
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tention to remove the alien to that country; 
and 
‘‘(iii) the alien establishes a prima 
facie case that the alien is entitled by law 
to withholding of removal under section 
241(b)(3) or protection under the Conven-
tion Against Torture with respect to that 
particular country.’’. 
(c) EFFECTIVE DATE.—This section, and the amend-
ments made by this section, shall apply to motions to re-
open and reconsider that are filed on or after the date 
of the enactment of this Act in removal, deportation, or 
exclusion proceedings, regardless of whether a final ad-
ministrative order is entered before, on, or after such date. 
SEC. 213. REFORM OF PASSPORT, VISA, AND IMMIGRATION 
FRAUD OFFENSES. 
Chapter 75 of title 18, United States Code is amend-
ed to read as follows: 
‘‘CHAPTER 75—PASSPORT, VISA, AND 
IMMIGRATION FRAUD 
‘‘1541. Trafficking in passports. 
‘‘1542. False statement in an application for a passport. 
‘‘1543. Forgery and unlawful production of a passport. 
‘‘1544. Misuse of a passport. 
‘‘1545. Schemes to defraud aliens. 
‘‘1546. Immigration and visa fraud. 
‘‘1547. Attempts and conspiracies. 
‘‘1548. Increased penalties for certain offenses. 
‘‘1549. Seizure and forfeiture. 
‘‘1550. Additional jurisdiction.
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‘‘1551. Additional venue. 
‘‘1552. Definitions. 
‘‘1553. Authorized law enforcement activities. 
‘‘§ 1541. Trafficking in passports 
‘‘(a) Whoever, during any three-year period— 
‘‘(1) knowingly and without lawful authority 
produces, issues, or transfers 10 or more passports; 
or 
‘‘(2) knowingly forges, counterfeits, alters, or 
falsely makes 10 or more passports; or 
‘‘(3) knowingly secures, possesses, uses, re-
ceives, buys, or sells 10 or more passports, knowing 
the passports to be forged, counterfeited, altered, 
falsely made, stolen, procured by fraud, issued, or 
designed for the use of another, or produced or 
issued without lawful authority; or 
‘‘(4) knowingly completes, mails, prepares, pre-
sents, signs, or submits 10 or more applications for 
a United States passport (including any supporting 
documentation) knowing the applications to contain 
any false statement or representation; 
shall be fined under this title, imprisoned not less than 
3 years nor more than 20 years, or both. 
‘‘(b) Whoever knowingly and without lawful authority 
produces, counterfeits, secures, possesses, or uses any offi-
cial paper, seal, hologram, image, text, symbol, stamp, en-
graving, plate, or other material used to make a passport
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shall be fined under this title, imprisoned not less than 
3 years nor more than 20 years, or both. 
‘‘§ 1542. False statement in an application for a pass-
port 
‘‘Whoever knowingly— 
‘‘(1) makes any false statement or representa-
tion in an application for a United States passport 
(including any supporting documentation); or 
‘‘(2) completes, mails, prepares, presents, signs, 
or submits an application for a United States pass-
port (including any supporting documentation) 
knowing it to contain any false statement or rep-
resentation; or 
‘‘(3) causes or attempts to cause the production 
of a passport by means of any fraud or false applica-
tion for a United States passport (including any 
supporting documentation), when such production 
occurs or would occur at a facility authorized by the 
Secretary of State for the production of passports; 
shall be fined under this title, imprisoned not more than 
15 years, or both. 
‘‘§ 1543. Forgery and unlawful production of a pass-
port 
‘‘(a) Whoever—
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‘‘(1) knowingly forges, counterfeits, alters, or 
falsely makes any passport; or 
‘‘(2) knowingly transfers any passport knowing 
it to be forged, counterfeited, altered, falsely made, 
stolen, or to have been produced or issued without 
lawful authority; 
shall be fined under this title, imprisoned not more than 
15 years, or both. 
‘‘(b) Whoever knowingly and without lawful author-
ity— 
‘‘(1) produces, issues, authorizes, or verifies a 
passport in violation of the laws, regulations, or 
rules governing the issuance of the passport; or 
‘‘(2) produces, issues, authorizes, or verifies a 
United States passport for or to any person not 
owing allegiance to the United States; or 
‘‘(3) transfers or furnishes a passport to a per-
son for use when such person is not the person for 
whom the passport was issued or designed; 
shall be fined under this title, imprisoned not more than 
15 years, or both. 
‘‘§ 1544. Misuse of a passport 
‘‘(a) Whoever— 
‘‘(1) knowingly uses any passport issued or de-
signed for the use of another; or
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‘‘(2) knowingly uses any passport in violation of 
the conditions or restrictions therein contained, or in 
violation of the laws, regulations, or rules governing 
the issuance and use of the passport; or 
‘‘(3) knowingly secures, possesses, uses, re-
ceives, buys, or sells any passport knowing it to be 
forged, counterfeited, altered, falsely made, procured 
by fraud, or produced or issued without lawful au-
thority; or 
‘‘(4) knowingly violates the terms and condi-
tions of any safe conduct duly obtained and issued 
under the authority of the United States; 
shall be fined under this title, imprisoned not more than 
15 years, or both. 
‘‘(b) Whoever knowingly uses any passport— 
‘‘(1) to enter or to attempt to enter the United 
States, or 
‘‘(2) to defraud an agency of the United States, 
a State, or a political subdivision of a State, 
knowing the passport to be forged, counterfeited, altered, 
falsely made, procured by fraud, produced or issued with-
out lawful authority, or issued or designed for the use of 
another, shall be fined under this title, imprisoned not less 
than 6 months nor more than 15 years, or both.