178 
maximum term of imprisonment of 10 years or more is 
prescribed, or an offense involving a minor victim under 
section 1201, 1591, 2241, 2242, 2244(a)(1), 2245, 2251, 
2251A, 2252(a)(1), 2252(a)(2), 2252(a)(3), 2252A(a)(1), 
2252A(a)(2), 2252A(a)(3), 2252A(a)(4), 2260, 2421, 
2422, 2423, or 2425 of this title.’’. 
(c) PROTECTION FOR LEGITIMATE REFUGEES AND 
ASYLUM SEEKERS.— 
(1) PROTECTION FOR LEGITIMATE REFUGEES 
AND ASYLUM SEEKERS.—The Attorney General, in 
consultation with the Secretary of Homeland Secu-
rity, shall develop binding prosecution guidelines for 
Federal prosecutors to ensure that any prosecution 
of an alien seeking entry into the United States by 
fraud is consistent with the United States treaty ob-
ligations under Article 31(1) of the Convention Re-
lating to the Status of Refugees, done at Geneva 
July 28, 1951 (as made applicable by the Protocol 
Relating to the Status of Refugees, done at New 
York January 31, 1967 (19 UST 6223)). 
(2) NO
PRIVATE
RIGHT
OF
ACTION.—The 
guidelines developed pursuant to paragraph (1), and 
any internal office procedures related to such guide-
lines, are intended solely for the guidance of attor-
neys of the United States. This subsection, such 
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ccoleman on PROD1PC60 with BILLS
179 
guidelines, and the process for developing such 
guidelines are not intended to, do not, and may not 
be relied upon to create any right or benefit, sub-
stantive or procedural, enforceable at law by any 
party in any administrative, civil, or criminal matter. 
(3) WAIVER.—The Secretary may grant a waiv-
er from prosecution under chapter 75 of title 18, 
United States Code, as amended by section 211 of 
this Act, to a person— 
(A) seeking protection, classification, or 
status under section 208 or 241(b)(3) of the 
Immigration and Nationality Act, or relief 
under the Convention against Torture and 
Other Cruel, Inhuman or Degrading Treatment 
or Punishment done at New York, December 
10, 1994, pursuant to title 8, Code of Federal 
Regulations; 
(B) referred for a credible fear interview, 
a reasonable fear interview, or an asylum-only 
hearing under section 235 of the Immigration 
and Nationality Act or title 8, Code of Federal 
Regulations; or 
(C) has filed an application for classifica-
tion or status under paragraph (15)(T), 
(15)(U), (27)(J), or (51) of section 101(a) of 
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180 
the Immigration and Nationality Act, section 
216(c)(4)(C), 240A(b)(2), or section 244(a)(3) 
of such Act. 
(d) 
DIPLOMATIC
SECURITY
SERVICE.—Section 
37(a)(1) of the State Department Basic Authorities Act 
of 1956 (22 U.S.C. 2709(a)(1)) is amended to read as 
follows: 
‘‘(1) conduct investigations concerning— 
‘‘(A) illegal passport or visa issuance or 
use; 
‘‘(B) identity theft or document fraud af-
fecting or relating to the programs, functions, 
and authorities of the Department of State; 
‘‘(C) violations of chapter 77 of title 18, 
United States Code; and 
‘‘(D) Federal offenses committed within 
the special maritime and territorial jurisdiction 
defined in paragraph (9) of section 7 of title 
18, United States Code;’’. 
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ccoleman on PROD1PC60 with BILLS
181 
Subtitle C—Detention and Removal 
of Aliens Who Illegally Enter or 
Remain in the United States 
SEC. 231. DETENTION AND REMOVAL OF ALIENS ORDERED 
REMOVED. 
(a) IN
GENERAL.—Section 241(a) (8 U.S.C. 
1231(a)) is amended— 
(1) in paragraph (1)(A), by striking ‘‘Attorney 
General’’ and inserting ‘‘Secretary of Homeland Se-
curity’’; 
(2) in paragraphs (3), (4), (5), (6), and (7), by 
striking ‘‘Attorney General’’ each place it appears 
and inserting ‘‘Secretary’’; 
(3) in paragraph (1)— 
(A) by amending subparagraph (C) to read 
as follows: 
‘‘(C) EXTENSION OF REMOVAL PERIOD.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall extend the removal period for more 
than a period of 90 days and the alien may 
remain in detention during such extended 
period if, during the removal period— 
‘‘(I) the alien— 
‘‘(aa) fails or refuses to 
make timely application in good 
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ccoleman on PROD1PC60 with BILLS
182 
faith for travel or other docu-
ments necessary for the alien to 
depart the United States; or 
‘‘(bb) conspires or acts to 
prevent the removal of the alien 
subject to an order of removal; 
and 
‘‘(II) the Secretary makes a cer-
tification 
described 
in 
paragraph 
(8)(B) for such alien. 
‘‘(ii) STAY
OF
REMOVAL.—An alien 
seeking a stay of removal from an immi-
gration judge, a Federal judge, or the 
Board of Immigration Appeals shall not be 
deemed under any provision of law to be 
conspiring or acting to prevent the removal 
of the alien. 
‘‘(iii) REVIEW.—The procedures de-
scribed in paragraph (8)(E) shall apply to 
actions taken under this subparagraph.’’; 
and 
(B) by adding at the end the following: 
‘‘(D) TOLLING
OF
PERIOD.—If, at the 
time described in clause (i), (ii), or (iii) of sub-
paragraph (B), the alien is not in the custody 
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ccoleman on PROD1PC60 with BILLS
183 
of the Secretary under the authority of this Act, 
the removal period shall not begin until the 
alien is taken into such custody. If the Sec-
retary lawfully transfers custody of the alien 
during the removal period to another Federal 
agency or to a State or local government agency 
in connection with the official duties of such 
agency, the removal period shall be tolled until 
the date on which the alien is returned to the 
custody of the Secretary.’’; 
(4) by amending paragraph (2) to read as fol-
lows: 
‘‘(2) DETENTION.—During the removal period, 
the Secretary shall detain the alien. Under no cir-
cumstances during the removal period shall the Sec-
retary release an alien who has been found inadmis-
sible under section 212(a)(2) or 212(a)(3)(B) or de-
portable under section 237(a)(2) or 1227(a)(4)(B). 
If a court, the Board of Immigration Appeals, or an 
immigration judge orders a stay of removal of an 
alien who is subject to an administratively final 
order of removal, the Secretary, in the exercise of 
discretion, may detain or supervise the alien during 
the pendency of such stay of removal, subject to the 
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184 
limitations set forth in subparagraphs (3), (6), and 
(8).’’; 
(5) in paragraph (3)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘If’’ and inserting ‘‘Subject to 
the requirements of paragraphs (6) and (8), if’’; 
and 
(B) by striking subparagraph (D) and in-
serting the following: 
‘‘(D) to obey reasonable restrictions on the 
alien’s conduct or activities, or to perform af-
firmative acts prescribed by the Secretary— 
‘‘(i) to prevent the alien from ab-
sconding; or 
‘‘(ii) to protect the community; 
‘‘(E) if appropriate— 
‘‘(i) to utilize an electronic monitoring 
device; 
‘‘(ii) to complete parole and probation 
requirements for aliens with outstanding 
obligations under Federal or State law; 
and 
‘‘(F) to comply with any other conditions 
of such supervision that the Secretary deter-
mines is appropriate.’’; 
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