‘‘(H) AGGRAVATED FELONY.—
‘‘(i) IN GENERAL.—Any alien who is
convicted of an aggravated felony is inad-
missible.
‘‘(ii) WAIVER
AUTHORIZED.—Clause
(i) shall not apply in the case of an alien
with respect to a criminal conviction if the
alien subsequent to the criminal conviction
has been granted a full and unconditional
pardon by the President of the United
States or by the Governor of any of the
several States.
‘‘(I) CERTAIN FIREARM OFFENSES.—Any
alien who is convicted under any law of pur-
chasing, selling, offering for sale, exchanging,
using, owning, possessing, or carrying, or of at-
tempting or conspiring to purchase, sell, offer
for sale, exchange, use, own, possess, or carry,
any weapon, part, or accessory which is a fire-
arm or destructive device (as defined in section
921(a) of title 18, United States Code) in viola-
tion of any law is inadmissible.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to convictions entered on or
after the date of the enactment of this Act.
SEC. 2. LIMITATION ON WAIVER OF INADMISSIBILITY FOR
CRIMINAL ALIENS UNLAWFULLY PRESENT IN
THE UNITED STATES.
(a) IN GENERAL.—Section 212(h) of the Immigra-
tion and Nationality Act (8 U.S.C. 1182(h)) is amended
by inserting before the final sentence the following:
‘‘No waiver shall be granted under this subsection in the
case of any alien who is present in the United States after
the expiration of the period of stay authorized by the At-
torney General or is present in the United States without
being admitted or paroled if either the alien has been con-
victed of an aggravated felony committed in the United
States or the alien has not resided continuously in the
United States for a period of not less than 7 years imme-
diately preceding the date of initiation of proceedings to
remove the alien from the United States.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to waivers granted on or after
the date of the enactment of this Act.
SEC. 3. INADMISSIBILITY AND INELIGIBILITY FOR FINDING
OF GOOD MORAL CHARACTER FOR ALIENS
WHO MAKE MISREPRESENTATIONS TO PRO-
CURE BENEFITS FOR OTHERS.
(a) INADMISSIBILITY.—Section 212(a)(6)(C)(i) of
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C.
1182(a)(6)(C)(i)) is amended by striking ‘‘this Act’’ and
inserting ‘‘this Act, for himself, herself, or any other
alien,’’.
(b) INELIGIBILITY FOR FINDING OF GOOD MORAL
CHARACTER.—Section 101(f)(6) of the Immigration and
Nationality Act (8 U.S.C. 1101(f)(6)) is amended to read
as follows:
‘‘(6) one who, by fraud or willfully misrepre-
senting a material fact, has sought to procure or has
procured a visa, other documentation, or admission
into the United States or other benefit provided
under this Act, for himself, herself, or any other
alien;’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to misrepresentations made on or
after the date of the enactment of this Act.
SEC. 4. TERMINATION OF CONTINUOUS PRESENCE FOR
PURPOSES OF CANCELLATION OF REMOVAL
UPON COMMISSION OF OFFENSE RENDERING
ALIEN INADMISSIBLE OR DEPORTABLE.
(a) IN GENERAL.—Section 240A(d)(1) of the Immi-
gration and Nationality Act (8 U.S.C. 1229b(d)(1)) is
amended by striking ‘‘referred to in section 212(a)(2)’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to aliens who are in proceedings
under the Immigration and Nationality Act on or after
the date of the enactment of this Act if those proceedings
have not resulted in a final administrative order before
such date.
SEC. 5. DETENTION AND RELEASE OF CRIMINAL ALIENS
PENDING REMOVAL DECISION.
(a) ARREST AND DETENTION.—
(1) IN GENERAL.—Section 236(c)(1) of the Im-
migration and Nationality Act (8 U.S.C. 1226(c)(1))
is amended—
(1) by striking the matter preceding subpara-
graph (A) and inserting the following:
‘‘(1) ARREST AND DETENTION.—On a warrant
issued by the Attorney General, an alien shall be ar-
rested and detained pending a decision on whether
the alien is to be removed from the United States
if the Attorney General alleges that the alien—’’;
(2) in subparagraph (D), by striking the comma
at the end and inserting a period; and
(3) by striking the matter following subpara-
graph (D) and adding at the end the following:
‘‘Nothing in this paragraph shall be construed as re-
quiring the Attorney General to arrest or detain an
alien who is sentenced to a term of imprisonment
until the alien is released from imprisonment, but
parole, supervised release, probation, or possibility of
arrest or further imprisonment is not a reason for
the Attorney General to defer arrest and detention
under this paragraph.’’.
(2) EFFECTIVE DATE.—The amendments made
by paragraph (1) shall apply to aliens who are in
proceedings under the Immigration and Nationality
Act on or after the date of the enactment of this Act
if those proceedings have not resulted in a final ad-
ministrative order before such date.
(b) RELEASE.—
(1) IN GENERAL.—Section 236(c)(2) of the Im-
migration and Nationality Act (8 U.S.C. 1226(c)(2))
is amended by adding at the end the following:
‘‘The Attorney General may release an alien under
this paragraph only on bond of at least $2,000 with
security approved by, and containing conditions pre-
scribed by, the Attorney General.’’.
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall apply to releases occurring on
or after the date of the enactment of this Act.
Æ