114
2780(d)), section 620A of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2371), or other provision of 
law, are governments that have repeatedly provided 
support for acts of international terrorism. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Secretary of Homeland Security should de-
velop a strategy for entering into appropriate security 
screening watch lists the appropriate background informa-
tion of illegal aliens from countries described in paragraph 
(3) of subsection (a). 
SEC. 410. LISTING OF IMMIGRATION VIOLATORS IN THE NA-
TIONAL CRIME INFORMATION CENTER DATA-
BASE. 
(a) PROVISION OF INFORMATION TO THE NCIC.—
Not later than 180 days after the date of the enactment 
of this Act, the Under Secretary for Border and Transpor-
tation Security of the Department of Homeland Security 
shall provide the National Crime Information Center of 
the Department of Justice with such information as the 
Under Secretary may have on any and all aliens against 
whom a final order of removal has been issued, any and 
all aliens who have signed a voluntary departure agree-
ment, any and all aliens who have overstayed their author-
ized period of stay, and any and all aliens whose visas 
have been revoked. Such information shall be provided to
115
the National Crime Information Center, and the National 
Crime Information Center shall enter such information 
into the Immigration Violators File of the National Crime 
Information Center database, regardless of whether—
(1) the alien received notice of a final order of 
removal; 
(2) the alien has already been removed; or 
(3) sufficient identifying information is avail-
able on the alien. 
(b) INCLUSION
OF INFORMATION
IN
THE NCIC 
DATABASE.—Section 534(a) of title 28, United States 
Code, is amended—
(1) in paragraph (3), by striking ‘‘and’’ at the 
end; 
(2) by redesignating paragraph (4) as para-
graph (5); and 
(3) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) acquire, collect, classify, and preserve 
records of violations of the immigration laws of the 
United States, regardless of whether the alien has 
received notice of the violation or whether sufficient 
identifying information is available on the alien and 
even if the alien has already been removed; and’’.
116
TITLE V—EFFECTIVE ORGANIZA-
TION OF BORDER SECURITY 
AGENCIES 
SEC. 501. ENHANCED BORDER SECURITY COORDINATION 
AND MANAGEMENT. 
The Secretary of Homeland Security shall ensure full 
coordination of border security efforts among agencies 
within the Department of Homeland Security, including 
United States Immigration and Customs Enforcement, 
United States Customs and Border Protection, and 
United States Citizenship and Immigration Services, and 
shall identify and remedy any failure of coordination or 
integration in a prompt and efficient manner. In par-
ticular, the Secretary of Homeland Security shall— 
(1) oversee and ensure the coordinated execu-
tion of border security operations and policy; 
(2) establish a mechanism for sharing and co-
ordinating intelligence information and analysis at 
the headquarters and field office levels pertaining to 
counter-terrorism, border enforcement, customs and 
trade, immigration, human smuggling, human traf-
ficking, and other issues of concern to both United 
States Immigration and Customs Enforcement and 
United States Customs and Border Protection;
117
(3) establish Department of Homeland Security 
task forces (to include other Federal, State, Tribal 
and local law enforcement agencies as appropriate) 
as necessary to better coordinate border enforcement 
and the disruption and dismantling of criminal orga-
nizations engaged in cross-border smuggling, money 
laundering, and immigration violations; 
(4) enhance coordination between the border se-
curity and investigations missions within the Depart-
ment by requiring that, with respect to cases involv-
ing violations of the customs and immigration laws 
of the United States, United States Customs and 
Border Protection coordinate with and refer all such 
cases to United States Immigration and Customs 
Enforcement; 
(5) examine comprehensively the proper alloca-
tion of the Department’s border security related re-
sources, and analyze budget issues on the basis of 
Department-wide border enforcement goals, plans, 
and processes; 
(6) establish measures and metrics for deter-
mining the effectiveness of coordinated border en-
forcement efforts; and 
(7) develop and implement a comprehensive 
plan to protect the northern and southern land bor-
118
ders of the United States and address the different 
challenges each border faces by— 
(A) coordinating all Federal border secu-
rity activities; 
(B) improving communications and data 
sharing capabilities within the Department and 
with other Federal, State, local, tribal, and for-
eign law enforcement agencies on matters relat-
ing to border security; and 
(C) providing input to relevant bilateral 
agreements to improve border functions, includ-
ing ensuring security and promoting trade and 
tourism. 
SEC. 502. OFFICE OF AIR AND MARINE OPERATIONS. 
(a) ESTABLISHMENT.—Subtitle C of title IV of the 
Homeland Security Act of 2002 (6 U.S.C. 201 et seq.) 
is amended by adding at the end the following new section: 
‘‘SEC. 431. OFFICE OF AIR AND MARINE OPERATIONS. 
‘‘(a) ESTABLISHMENT.—There is established in the 
Department an Office of Air and Marine Operations (re-
ferred to in this section as the ‘Office’). 
‘‘(b) ASSISTANT SECRETARY.—The Office shall be 
headed by an Assistant Secretary for Air and Marine Op-
erations who shall be appointed by the President, by and 
with the advice and consent of the Senate, and who shall
119
report directly to the Secretary. The Assistant Secretary 
shall be responsible for all functions and operations of the 
Office. 
‘‘(c) MISSIONS.— 
‘‘(1) PRIMARY MISSION.—The primary mission 
of the Office shall be the prevention of the entry of 
terrorists, other unlawful aliens, instruments of ter-
rorism, narcotics, and other contraband into the 
United States. 
‘‘(2) SECONDARY
MISSION.—The secondary 
mission of the Office shall be to assist other agencies 
to prevent the entry of terrorists, other unlawful 
aliens, instruments of terrorism, narcotics, and other 
contraband into the United States. 
‘‘(d) AIR AND MARINE OPERATIONS CENTER.— 
‘‘(1) IN
GENERAL.—The Office shall operate 
and maintain the Air and Marine Operations Center 
in Riverside, California, or at such other facility of 
the Office as is designated by the Secretary. 
‘‘(2) DUTIES.—The Center shall provide com-
prehensive radar, communications, and control serv-
ices to the Office and to eligible Federal, State, or 
local agencies (as determined by the Assistant Sec-
retary for Air and Marine Operations), in order to 
identify, track, and support the interdiction and ap-
120
prehension of individuals attempting to enter United 
States airspace or coastal waters for the purpose of 
narcotics trafficking, trafficking of persons, or other 
terrorist or criminal activity. 
‘‘(e) ACCESS TO INFORMATION.—The Office shall en-
sure that other agencies within the Department of Home-
land Security, the Department of Defense, the Depart-
ment of Justice, the Department of Transportation, and 
such other Federal, State, or local agencies, as may be 
determined by the Secretary, shall have access to the in-
formation gathered and analyzed by the Center. 
‘‘(f) REQUIREMENT.—Beginning not later than 180 
days after the date of the enactment of this Act, the Sec-
retary shall require that all information concerning all 
aviation activities, including all airplane, helicopter, or 
other aircraft flights, that are undertaken by the either 
the Office, United States Immigration and Customs En-
forcement, United States Customs and Border Protection, 
or any subdivisions thereof, be provided to the Air and 
Marine Operations Center. Such information shall include 
the identifiable transponder, radar, and electronic emis-
sions and codes originating and resident aboard the air-
craft or similar asset used in the aviation activity. 
‘‘(g) TIMING.—The Secretary shall require the infor-
mation described in subsection (f) to be provided to the
121
Air and Marine Operations Center in advance of the avia-
tion activity whenever practicable for the purpose of timely 
coordination and conflict resolution of air missions by the 
Office, United States Immigration and Customs Enforce-
ment, and United States Customs and Border Protection. 
‘‘(h) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to alter, impact, diminish, or in 
any way undermine the authority of the Administrator of 
the Federal Aviation Administration to oversee, regulate, 
and control the safe and efficient use of the airspace of 
the United States.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) ADDITIONAL ASSISTANT SECRETARY.—Sec-
tion 103(a)(9) of the Homeland Security Act of 
2002 (6 U.S.C. 113(a)(9)) is amended by striking 
‘‘12’’ and inserting ‘‘13’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents in section 1(b) of such Act (6 U.S.C. 101) is 
amended by inserting after the item relating to sec-
tion 430 the following new item:
‘‘Sec. 431. Office of Air and Marine Operations.’’.
SEC. 503. SHADOW WOLVES TRANSFER. 
(a) TRANSFER OF EXISTING UNIT.—Not later that 
90 days after the date of the enactment of this Act, the 
Secretary of Homeland Security shall transfer to United 
States Immigration and Customs Enforcement all func-
122
tions (including the personnel, assets, and liabilities attrib-
utable to such functions) of the Customs Patrol Officers 
unit operating on the Tohono O’odham Indian reservation 
(commonly known as the ‘‘Shadow Wolves’’ unit). 
(b) ESTABLISHMENT
OF NEW UNITS.—The Sec-
retary is authorized to establish within United States Im-
migration and Customs Enforcement additional units of 
Customs Patrol Officers in accordance with this section, 
as appropriate. 
(c) DUTIES.—The Customs Patrol Officer unit trans-
ferred pursuant to subsection (a), and additional units es-
tablished pursuant to subsection (b), shall operate on In-
dian lands by preventing the entry of terrorists, other un-
lawful aliens, instruments of terrorism, narcotics, and 
other contraband into the United States. 
(d) BASIC PAY
FOR JOURNEYMAN OFFICERS.—A 
Customs Patrol Officer in a unit described in this section 
shall receive equivalent pay as a special agent with similar 
competencies within United States Immigration and Cus-
toms Enforcement pursuant to the Department of Home-
land Security’s Human Resources Management System 
established under section 841 of the Homeland Security 
Act (6 U.S.C. 411). 
(e) SUPERVISORS.—Each unit described in this sec-
tion shall be supervised by a Chief Customs Patrol Officer,
123
who shall have the same rank as a resident agent-in-
charge of the Office of Investigations within United States 
Immigration and Customs Enforcement. 
TITLE VI—TERRORIST AND 
CRIMINAL ALIENS 
SEC. 601. REMOVAL OF TERRORIST ALIENS. 
(a) EXPANSION OF REMOVAL.— 
(1) Section 241(b)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1231(b)(3)) is amended— 
(A) in subparagraph (A)— 
(i) by striking ‘‘Attorney General may 
not’’ and inserting ‘‘Secretary of Home-
land Security may not’’; 
(ii) by inserting ‘‘or the Secretary’’ 
after ‘‘if the Attorney General’’; and 
(B) in subparagraph (B)— 
(i) by inserting ‘‘or the Secretary of 
Homeland Security’’ after ‘‘if the Attorney 
General’’; 
(ii) by striking ‘‘or’’ in clause (iii); 
(iii) by striking the period at the end 
of clause (iv) and inserting ‘‘; or’’; 
(iv) by inserting after clause (iv) the 
following new clause:
124
‘‘(v) the alien is described in any sub-
clause of section 212(a)(3)(B)(i) or section 
212(a)(3)(F), unless, in the case only of an 
alien described in subclause (IV) or (IX) of 
section 212(a)(3)(B)(i), the Secretary of 
Homeland Security determines, in the Sec-
retary’s discretion, that there are not rea-
sonable grounds for regarding the alien as 
a danger to the security of the United 
States.’’; and 
(v) in the third sentence, by inserting 
‘‘or the Secretary of Homeland Security’’ 
after ‘‘Attorney General’’; and 
(vi) by striking the last sentence and 
inserting the following: ‘‘The Secretary of 
Homeland Security shall waive the applica-
tion of clause (v) in the case of removal of 
an alien who is a native or citizen of a 
country in the Western Hemisphere with 
whose government the United States does 
not have full diplomatic relations. 
(2) Section 208(b)(2)(A)(v) of such Act (8 
U.S.C. 1158(b)(2)(A)(v)) is amended— 
(A) by striking ‘‘subclause (I), (II), (III), 
(IV), or (VI)’’ and inserting ‘‘any subclause’’;
125
(B) by striking ‘‘237(a)(4)(B)’’ and insert-
ing ‘‘212(a)(3)(F)’’; and 
(C) by inserting ‘‘or (IX)’’ after ‘‘subclause 
(IV)’’. 
(3) Section 240A(c)(4) of such Act (8 U.S.C. 
1229b(c)(4)) is amended— 
(A) by striking ‘‘inadmissible under’’ and 
inserting ‘‘described in’’; and 
(B) by striking ‘‘deportable under’’ and in-
serting ‘‘described in’’. 
(4) Section 240B(b)(1)(C) of such Act (8 
U.S.C. 1229c(b)(1)(C)) is amended by striking ‘‘de-
portable under’’ and inserting ‘‘described in’’. 
(5) Section 249 of such Act (8 U.S.C. 1259)) 
is amended— 
(A) by striking ‘‘inadmissible under’’ and 
inserting ‘‘described in’’; and 
(B) in paragraph (d), by striking ‘‘deport-
able under’’ and inserting ‘‘described in’’. 
(b) RETROACTIVE APPLICATION.—The amendments 
made by this section shall take effect on the date of enact-
ment of this Act and sections 208(b)(2)(A), 240A, 240B, 
241(b)(3), and 249 of the Immigration and Nationality 
Act, as so amended, shall apply to—
126
(1) all aliens in removal, deportation, or exclu-
sion proceedings; 
(2) all applications pending on or filed after the 
date of the enactment of this Act; and 
(3) with respect to aliens and applications de-
scribed in paragraph (1) or (2), acts and conditions 
constituting a ground for inadmissibility, exclud-
ability, deportation, or removal occurring or existing 
before, on, or after the date of the enactment of this 
Act. 
SEC. 602. DETENTION OF DANGEROUS ALIENS. 
(a) IN GENERAL.—Section 241 of the Immigration 
and Nationality Act (8 U.S.C. 1231) is amended— 
(1) in subsection (a), by striking ‘‘Attorney 
General’’ and inserting ‘‘Secretary of Homeland Se-
curity’’ each place it appears; 
(2) in subsection (a)(1)(B), by adding after and 
below clause (iii) the following: 
‘‘If, at that time, the alien is not in the custody 
of the Secretary (under the authority of this 
Act), the Secretary shall take the alien into cus-
tody for removal, and the removal period shall 
not begin until the alien is taken into such cus-
tody. If the Secretary transfers custody of the 
alien during the removal period pursuant to law
127
to another Federal agency or a State or local 
government agency in connection with the offi-
cial duties of such agency, the removal period 
shall be tolled, and shall begin anew on the date 
of the alien’s return to the custody of the Sec-
retary.’’; 
(3) by amending clause (ii) of subsection 
(a)(1)(B) to read as follows: 
‘‘(ii) If a court, the Board of Immi-
gration Appeals, or an immigration judge 
orders a stay of the removal of the alien, 
the date the stay of removal is no longer 
in effect.’’; 
(4) by amending subparagraph (C) of sub-
section (a)(1) to read as follows: 
‘‘(C) SUSPENSION
OF
PERIOD.—The re-
moval period shall be extended beyond a period 
of 90 days and the alien may remain in deten-
tion during such extended period if 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 making timely application in 
good faith for travel or other documents nec-
128
essary to the alien’s departure, or conspires or 
acts to prevent the alien’s removal subject to an 
order of removal.’’; 
(5) in subsection (a)(2), by adding at the end 
the following: ‘‘If a court 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 the alien during the pend-
ency of such stay of removal.’’; 
(6) in subsection (a)(3), by amending subpara-
graph (D) to read as follows: 
‘‘(D) to obey reasonable restrictions on the 
alien’s conduct or activities, or perform affirma-
tive acts, that the Secretary prescribes for the 
alien, in order to prevent the alien from ab-
sconding, or for the protection of the commu-
nity, or for other purposes related to the en-
forcement of the immigration laws.’’; 
(7) in subsection (a)(6), by striking ‘‘removal 
period and, if released,’’ and inserting ‘‘removal pe-
riod, in the discretion of the Secretary, without any 
limitations other than those specified in this section, 
until the alien is removed. If an alien is released, the 
alien’’;
129
(8) by redesignating paragraph (7) of sub-
section (a) as paragraph (10) and inserting after 
paragraph (6) of such subsection the following new 
paragraphs: 
‘‘(7) PAROLE.—If an alien detained pursuant to 
paragraph (6) is an applicant for admission, the 
Secretary, in the Secretary’s discretion, may parole 
the alien under section 212(d)(5) of this Act and 
may provide, notwithstanding section 212(d)(5), that 
the alien shall not be returned to custody unless ei-
ther the alien violates the conditions of the alien’s 
parole or the alien’s removal becomes reasonably 
foreseeable, provided that in no circumstance shall 
such alien be considered admitted. 
‘‘(8) APPLICATION OF ADDITIONAL RULES FOR 
DETENTION OR RELEASE OF CERTAIN ALIENS WHO 
HAVE MADE AN ENTRY.—The rules set forth in sub-
section (j) shall only apply with respect to an alien 
who was lawfully admitted the most recent time the 
alien entered the United States or has otherwise ef-
fected an entry into the United States. 
‘‘(9) JUDICIAL REVIEW.—Without regard to the 
place of confinement, judicial review of any action or 
decision pursuant to paragraphs (6), (7), or (8) or 
subsection (j) shall be available exclusively in habeas
130
corpus proceedings instituted in the United States 
District Court for the District of Columbia, and only 
if the alien has exhausted all administrative rem-
edies (statutory and regulatory) available to the 
alien as of right.’’; and 
(9) by adding at the end the following new sub-
section: 
‘‘(j) ADDITIONAL RULES FOR DETENTION OR RE-
LEASE
OF CERTAIN ALIENS WHO HAVE MADE
AN 
ENTRY.— 
‘‘(1) APPLICATION.—The rules set forth in this 
subsection apply in the case of an alien described in 
subsection (a)(8). 
‘‘(2) ESTABLISHMENT
OF
A
DETENTION
RE-
VIEW PROCESS FOR ALIENS WHO FULLY COOPERATE 
WITH REMOVAL.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
establish an administrative review process to 
determine whether the aliens should be detained 
or released on conditions for aliens who— 
‘‘(i) have made all reasonable efforts 
to comply with their removal orders; 
‘‘(ii) have complied with the Sec-
retary’s efforts to carry out the removal 
orders, including making timely application
131
in good faith for travel or other documents 
necessary to the alien’s departure, and 
‘‘(iii) have not conspired or acted to 
prevent removal. 
‘‘(B) 
DETERMINATION.—The 
Secretary 
shall make a determination whether to release 
an alien after the removal period in accordance 
with paragraphs (3) and (4). The determina-
tion— 
‘‘(i) shall include consideration of any 
evidence submitted by the alien and the 
history of the alien’s efforts to comply with 
the order of removal, and 
‘‘(ii) may include any information or 
assistance provided by the Department of 
State or other Federal agency and any 
other information available to the Sec-
retary pertaining to the ability to remove 
the alien. 
‘‘(3) AUTHORITY TO DETAIN BEYOND THE RE-
MOVAL PERIOD .— 
‘‘(A) INITIAL 90 DAY PERIOD.—The Sec-
retary in the exercise of discretion, without any 
limitations other than those specified in this 
section, may continue to detain an alien for 90
132
days beyond the removal period (including any 
extension of the removal period as provided in 
subsection (a)(1)(C)). 
‘‘(B) EXTENSION.— 
‘‘(i) IN GENERAL.—The Secretary in 
the exercise of discretion, without any limi-
tations other than those specified in this 
section, may continue to detain an alien 
beyond the 90 days authorized in subpara-
graph (A)—
‘‘(I) until the alien is removed if 
the conditions described in subpara-
graph (A) or (B) of paragraph (4) 
apply; or 
‘‘(II) pending a determination as 
provided in subparagraph (C) of para-
graph (4).’’ 
‘‘(ii) RENEWAL.—The Secretary may 
renew a certification under paragraph 
(4)(B) every six months without limitation, 
after providing an opportunity for the alien 
to request reconsideration of the certifi-
cation and to submit documents or other 
evidence in support of that request. If the 
Secretary does not renew a certification,
133
the Secretary may not continue to detain 
the alien under such paragraph. 
‘‘(iii) DELEGATION.—Notwithstanding 
section 103, the Secretary may not dele-
gate the authority to make or renew a cer-
tification described in clause (ii), (iii), or 
(v) of paragraph (4)(B) below the level of 
the Assistant Secretary for Immigration 
and Customs Enforcement. 
‘‘(iv) HEARING.—The Secretary may 
request that the Attorney General provide 
for a hearing to make the determination 
described in clause (iv)(II) of paragraph 
(4)(B). 
‘‘(4) CONDITIONS FOR EXTENSION.—The condi-
tions for continuation of detention are any of the fol-
lowing: 
‘‘(A) The Secretary determines that there 
is a significant likelihood that the alien— 
‘‘(i) will be removed in the reasonably 
foreseeable future; or 
‘‘(ii) would be removed in the reason-
ably foreseeable future, or would have been 
removed, but for the alien’s failure or re-
fusal to make all reasonable efforts to com-
134
ply with the removal order, or to fully co-
operate with the Secretary’s efforts to es-
tablish the alien’s identity and carry out 
the removal order, including making timely 
application in good faith for travel or other 
documents necessary to the alien’s depar-
ture, or conspiracies or acts to prevent re-
moval. 
‘‘(B) The Secretary certifies in writing any 
of the following: 
‘‘(i) In consultation with the Secretary 
of Health and Human Services, the alien 
has a highly contagious disease that poses 
a threat to public safety. 
‘‘(ii) After receipt of a written rec-
ommendation from the Secretary of State, 
the release of the alien is likely to have se-
rious adverse foreign policy consequences 
for the United States. 
‘‘(iii) Based on information available 
to the Secretary (including available infor-
mation from the intelligence community, 
and without regard to the grounds upon 
which the alien was ordered removed), 
there is reason to believe that the release
135
of the alien would threaten the national se-
curity of the United States. 
‘‘(iv) The release of the alien will 
threaten the safety of the community or 
any person, the conditions of release can-
not reasonably be expected to ensure the 
safety of the community or any person, 
and— 
‘‘(I) the alien has been convicted 
of one or more aggravated felonies de-
scribed in section 101(a)(43)(A) or of 
one or more crimes identified by the 
Secretary by regulation, or of one or 
more attempts or conspiracies to com-
mit any such aggravated felonies or 
such crimes, for an aggregate term of 
imprisonment of at least five years; or 
‘‘(II) the alien has committed one 
or more crimes of violence and, be-
cause of a mental condition or person-
ality disorder and behavior associated 
with that condition or disorder, the 
alien is likely to engage in acts of vio-
lence in the future.
136
‘‘(v) The release of the alien will 
threaten the safety of the community or 
any person, conditions of release cannot 
reasonably be expected to ensure the safety 
of the community or any person, and the 
alien has been convicted of at least one ag-
gravated felony. 
‘‘(C) Pending a determination under sub-
paragraph (B), so long as the Secretary has ini-
tiated the administrative review process no later 
than 30 days after the expiration of the removal 
period (including any extension of the removal 
period as provided in subsection (a)(1)(C)). 
‘‘(5) RELEASE ON CONDITIONS.—If it is deter-
mined that an alien should be released from deten-
tion, the Secretary in the exercise of discretion may 
impose conditions on release as provided in sub-
section (a)(3). 
‘‘(6) REDETENTION.—The Secretary in the ex-
ercise of discretion, without any limitations other 
than those specified in this section, may again de-
tain any alien subject to a final removal order who 
is released from custody if the alien fails to comply 
with the conditions of release or to cooperate in the 
alien’s removal from the United States, or if, upon
137
reconsideration, the Secretary determines that the 
alien can be detained under paragraph (1). Para-
graphs (6) through (8) of subsection (a) shall apply 
to any alien returned to custody pursuant to this 
paragraph, as if the removal period terminated on 
the day of the redetention. 
‘‘(7) 
CERTAIN
ALIENS
WHO
EFFECTED 
ENTRY.—If an alien has effected an entry into the 
United States but has neither been lawfully admitted 
nor physically present in the United States continu-
ously for the 2-year period immediately prior to the 
commencement of removal proceedings under this 
Act or deportation proceedings against the alien, the 
Secretary in the exercise of discretion may decide 
not to apply subsection (a)(8) and this subsection 
and may detain the alien without any limitations ex-
cept those imposed by regulation.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect upon the date of enactment 
of this Act, and section 241 of the Immigration and Na-
tionality Act, as amended, shall apply to— 
(1) all aliens subject to a final administrative 
removal, deportation, or exclusion order that was 
issued before, on, or after the date of enactment of 
this Act; and
138
(2) acts and conditions occurring or existing be-
fore, on, or after the date of enactment of this Act. 
SEC. 603. INCREASE IN CRIMINAL PENALTIES. 
Section 243 of the Immigration and Nationality Act 
(8 U.S.C. 1253) is amended— 
(1) in subsection (a)(1)— 
(A) in the matter before subparagraph (A), 
by 
inserting 
‘‘or 
212(a)’’ 
after 
‘‘section 
237(a)’’; and 
(B) by striking ‘‘imprisoned not more than 
four years’’ and inserting ‘‘imprisoned for not 
less than six months or more than five years’’; 
and 
(2) in subsection (b)— 
(A) by striking ‘‘not more than $1,000’’ 
and inserting ‘‘under title 18, United States 
Code’’; and 
(B) by striking ‘‘for not more than one 
year’’ and inserting ‘‘for not less than six 
months or more than five years (or 10 years if 
the alien is a member of any class described in 
paragraph (1)(E), (2), (3), or (4) of section 
237(a)’’.
139
SEC. 604. PRECLUDING ADMISSIBILITY OF AGGRAVATED 
FELONS AND OTHER CRIMINALS. 
(a) EXCLUSION BASED
ON FRAUDULENT DOCU-
MENTATION.—Section 212(a)(2)(A)(i) of the Immigration 
and Nationality Act (8 U.S.C. 1182(a)(2)(A)(i)) is amend-
ed— 
(1) in subclause (I), by striking ‘‘or’’ at the 
end; 
(2) in subclause (II), by adding ‘‘or’’ at the 
end; and 
(3) by inserting after subclause (II) the fol-
lowing new subclause: 
‘‘(III) a violation (or a conspiracy 
or attempt to violate) an offense de-
scribed in section 208 of the Social 
Security Act or section 1028 of title 
18, United States Code,’’. 
(b) EXCLUSION BASED ON AGGRAVATED FELONY, 
UNLAWFUL
PROCUREMENT
OF
CITIZENSHIP, 
AND 
CRIMES OF DOMESTIC VIOLENCE.—Section 212(a)(2) of 
such Act (8 U.S.C. 1182(a)(2)) is amended by adding at 
the end the following new subparagraphs: 
‘‘(J) AGGRAVATED
FELONY.—Any alien 
who is convicted of an aggravated felony at any 
time is inadmissible.
140
‘‘(K) UNLAWFUL PROCUREMENT OF CITI-
ZENSHIP.—Any alien convicted of, or who ad-
mits having committed, or who admits commit-
ting acts which constitute the essential elements 
of, a violation of (or a conspiracy or attempt to 
violate) subsection (a) or (b) of section 1425 of 
title 18, United States Code is inadmissible. 
‘‘(L) CRIMES
OF
DOMESTIC
VIOLENCE, 
STALKING, OR VIOLATION OF PROTECTION OR-
DERS; CRIMES AGAINST CHILDREN.— 
‘‘(i) DOMESTIC VIOLENCE, STALKING, 
OR CHILD ABUSE.— 
‘‘(I) IN
GENERAL.—Subject to 
subclause (II), any alien who at any 
time is convicted of, or who admits 
having committed, or who admits 
committing acts which constitute the 
essential elements of, a crime of do-
mestic violence, a crime of stalking, or 
a crime of child abuse, child neglect, 
or child abandonment is inadmissible. 
‘‘(II) WAIVER
FOR
VICTIMS
OF 
DOMESTIC VIOLENCE.—Subclause (I) 
shall not apply to any alien described 
in section 237(a)(7)(A).
141
‘‘(III) CRIME OF DOMESTIC VIO-
LENCE
DEFINED.—For purposes of 
subclause (I), the term ‘crime of do-
mestic violence’ means any crime of 
violence (as defined in section 16 of 
title 18, United States Code) against 
a person committed by a current or 
former spouse of the person, by an in-
dividual with whom the person shares 
a child in common, by an individual 
who 
is 
cohabiting 
with 
or 
has 
cohabited with the person as a spouse, 
by an individual similarly situated to 
a spouse of the person under the do-
mestic or family violence laws of the 
jurisdiction where the offense occurs, 
or by any other individual against a 
person who is protected from that in-
dividual’s acts under the domestic or 
family violence laws of the United 
States or any State, Indian tribal gov-
ernment, or unit of local or foreign 
government. 
‘‘(ii) VIOLATORS OF PROTECTION OR-
DERS.—
142
‘‘(I) IN
GENERAL.—Any alien 
who at any time is enjoined under a 
protection order issued by a court and 
whom the court determines has en-
gaged in conduct that violates the por-
tion of a protection order that involves 
protection against credible threats of 
violence, repeated harassment, or bod-
ily injury to the person or person for 
whom the protection order was issued 
is inadmissible. 
‘‘(II) PROTECTION
ORDER
DE-
FINED.—For purposes of subclause 
(I), the term ‘protection order’ means 
any injunction issued for the purpose 
of preventing violent or threatening 
acts of domestic violence, including 
temporary or final orders issued by 
civil or criminal courts (other than 
support or child custody orders or 
provisions) whether obtained by filing 
an independent action or as an inde-
pendent 
order 
in 
another 
pro-
ceeding.’’.
143
(c) WAIVER AUTHORITY.—Section 212(h) of such 
Act (8 U.S.C. 1182(h)) is amended— 
(1) by striking ‘‘The Attorney General may, in 
his discretion, waive the application of subpara-
graphs (A)(i)(I), (B), (D), and (E) of subsection 
(a)(2)’’ and inserting ‘‘The Attorney General or the 
Secretary of Homeland Security may, in the discre-
tion of the Attorney General or such Secretary, 
waive the application of subparagraph (A)(i)(I), 
(A)(i)(III), (B), (D), (E), (K), and (L) of subsection 
(a)(2)’’; 
(2) in paragraphs (1)(A) and (1)(B) and the 
last sentence, by inserting ‘‘or the Secretary’’ after 
‘‘Attorney General’’ each place it appears; 
(3) in paragraph (2), by striking ‘‘Attorney 
General, in his discretion,’’ and inserting ‘‘Attorney 
General or the Secretary of Homeland Security, in 
the discretion of the Attorney General or such Sec-
retary,’’; 
(4) in paragraph (2), by striking ‘‘as he’’ and 
inserting ‘‘as the Attorney General or the Sec-
retary’’; 
(5) in the second sentence, by striking ‘‘crimi-
nal acts involving torture’’ and inserting ‘‘criminal 
acts involving torture, or an aggravated felony’’; and
144
(6) in the third sentence, by striking ‘‘if either 
since the date of such admission the alien has been 
convicted of an aggravated felony or the alien’’ and 
inserting ‘‘if since the date of such admission the 
alien’’. 
(d) CONSTRUCTION.—The amendments made by this 
section shall not be construed to create eligibility for relief 
from removal under section 212(c) of the Immigration and 
Nationality Act, as in effect before its repeal by section 
304(b) of the Immigration Reform and Immigrant Re-
sponsibility Act of 1996 (division C of Public Law 104–
208), where such eligibility did not exist before these 
amendments became effective. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall apply to— 
(1) any act that occurred before, on, or after 
the date of the enactment of this Act; and 
(2) to all aliens who are required to establish 
admissibility on or after the such date, and in all re-
moval, deportation, or exclusion proceedings that are 
filed, pending, or reopened, on or after such date. 
SEC. 605. PRECLUDING REFUGEE OR ASYLEE ADJUSTMENT 
OF STATUS FOR AGGRAVATED FELONIES. 
(a) IN GENERAL.—Section 209(c) of the Immigration 
and Nationality Act (8 U.S.C. 1159(c)) is amended by
145
adding at the end the following: ‘‘However, an alien who 
is convicted of an aggravated felony is not eligible for a 
waiver or for adjustment of status under this section.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply— 
(1) to any act that occurred before, on, or after 
the date of the enactment of this Act; and 
(2) to all aliens who are required to establish 
admissibility on or after such date, and in all re-
moval, deportation, or exclusion proceedings that are 
filed, pending, or reopened, on or after such date. 
SEC. 606. REMOVING DRUNK DRIVERS. 
(a) IN GENERAL.—Section 236 of the Immigration 
and Nationality Act (8 U.S.C. 1226) is amended—
(1) in subsection (c)(1)—
(A) in subparagraph (C), by striking ‘‘or’’ 
at the end; 
(B) in subparagraph (D), by inserting 
‘‘or’’ at the end; and 
(C) by inserting after subparagraph (D) 
the following new subparagraph: 
‘‘(E) is unlawfully present in the United 
States and who is deportable on any grounds 
and is apprehended for any offense described in 
section 237(a)(2)(F) by a State or local law en-
146
forcement officer covered under an agreement 
under section 287(g),’’; 
(2) by redesignating subsection (e) as sub-
section (f); and 
(3) by inserting after subsection (d) the fol-
lowing new subsection: 
‘‘(e) DRIVING WHILE INTOXICATED.—If a State or 
local law enforcement officer apprehends an individual for 
an offense described in section 237(a)(2)(F) and the offi-
cer has reasonable ground to believe that the individual 
is an alien—
‘‘(1) the officer shall verify with the databases 
of the Federal Government, including the National 
Criminal Information Center and the Law Enforce-
ment Support Center, whether the individual is an 
alien and whether such alien is unlawfully present in 
the United States; and 
‘‘(2) if any such database—
‘‘(A) indicates that the individual is an 
alien unlawfully present in the United States—
‘‘(i) an officer covered under an agree-
ment under section 287(g) is authorized to 
issue a Federal detainer to maintain the 
alien in custody in accordance with such 
agreement until the alien is convicted for