SEC. 108. FEDERAL CUSTODY OF INADMISSIBLE AND DE-
PORTABLE ALIENS IN THE UNITED STATES 
APPREHENDED BY STATE OR LOCAL LAW EN-
FORCEMENT. 
(a) STATE APPREHENSION.— 
(1) IN GENERAL.—Title II of the Immigration 
and Nationality Act (8 U.S.C. 1151 et seq.) is amend-
ed by inserting after section 240C the following: 
‘‘CUSTODY OF INADMISSIBLE AND DEPORTABLE ALIENS 
PRESENT IN THE UNITED STATES 
‘‘SEC. 240D. (a) TRANSFER OF CUSTODY BY STATE 
AND LOCAL OFFICIALS.—If a State, or a political subdivi-
sion of the State, exercising authority with respect to the 
apprehension or arrest of an inadmissible or deportable 
alien submits to the Secretary of Homeland Security a re-
quest that the alien be taken into Federal custody, notwith-
standing any other provision of law, regulation, or policy 
the Secretary— 
‘‘(1) shall take the alien into custody not later 
than 48 hours after the detainer has been issued fol-
lowing the conclusion of the State or local charging 
process or dismissal process, or if no State or local 
charging or dismissal process is required, the Sec-
retary should issue a detainer and take the alien into 
custody not later than 48 hours after the alien is ap-
prehended, in order to determine whether the alien 
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should be detained, placed in removal proceedings, re-
leased, or removed; and 
‘‘(2) shall request that the relevant State or local 
law enforcement agency temporarily hold the alien in 
their custody or transport the alien for transfer to 
Federal custody. 
‘‘(b) POLICY ON DETENTION IN FEDERAL, CONTRACT, 
STATE, OR LOCAL DETENTION FACILITIES.—In carrying 
out section 241(g)(1), the Attorney General or Secretary of 
Homeland Security shall ensure that an alien arrested 
under this title shall be held in custody, pending the alien’s 
examination under this section, in a Federal, contract, 
State, or local prison, jail, detention center, or other com-
parable facility. Notwithstanding any other provision of 
law, regulation or policy, such facility is adequate for de-
tention, if— 
‘‘(1) such a facility is the most suitably located 
Federal, contract, State, or local facility available for 
such purpose under the circumstances; 
‘‘(2) an appropriate arrangement for such use of 
the facility can be made; and 
‘‘(3) the facility satisfies the standards for the 
housing, care, and security of persons held in custody 
by a United States Marshal. 
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‘‘(c) REIMBURSEMENT.—The Secretary of Homeland 
Security shall reimburse a State, and a political subdivi-
sion of a State, for all reasonable expenses, as determined 
by the Secretary, incurred by the State, or political subdivi-
sion, as a result of the incarceration and transportation 
of an alien who is inadmissible or deportable as described 
in subsections (a) and (b). Compensation provided for costs 
incurred under such subsections shall be the average cost 
of incarceration of a prisoner in the relevant State, as deter-
mined by the chief executive officer of a State, or of a polit-
ical subdivision of a State, plus the cost of transporting 
the alien from the point of apprehension to the place of de-
tention, and to the custody transfer point if the place of 
detention and place of custody are different. 
‘‘(d) SECURE FACILITIES.—The Secretary of Home-
land Security shall ensure that aliens incarcerated pursu-
ant to this title are held in facilities that provide an appro-
priate level of security. 
‘‘(e) TRANSFER.— 
‘‘(1) IN GENERAL.—In carrying out this section, 
the Secretary of Homeland Security shall establish a 
regular circuit and schedule for the prompt transfer 
of apprehended aliens from the custody of States, and 
political subdivisions of a State, to Federal custody. 
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‘‘(2) CONTRACTS.—The Secretary may enter into 
contracts, including appropriate private contracts, to 
implement this subsection.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents of such Act is amended by inserting after the 
item relating to section 240C the following new item: 
‘‘Sec. 240D. Custody of inadmissible and deportable aliens present in the United 
States.’’. 
(b) GAO AUDIT.—Not later than 3 years after the date 
of the enactment of this Act, the Comptroller General of the 
United States shall conduct an audit of compensation to 
States, and to political subdivisions of a State, for the in-
carceration of inadmissible or deportable aliens under sec-
tion 240D(a) of the Immigration and Nationality Act (as 
added by subsection (a)(1)). 
(c) EFFECTIVE DATE.—Section 240D of the Immigra-
tion and Nationality Act, as added by subsection (a), shall 
take effect on the date of the enactment of this Act, except 
that subsection (e) of such section shall take effect on the 
date that is 120 day after the date of the enactment of this 
Act. 
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SEC. 109. TRAINING OF STATE AND LOCAL LAW ENFORCE-
MENT PERSONNEL RELATING TO THE EN-
FORCEMENT OF IMMIGRATION LAWS. 
(a) ESTABLISHMENT
OF
TRAINING
MANUAL
AND 
POCKET GUIDE.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall establish— 
(1) a training manual for law enforcement per-
sonnel of a State, or of a political subdivision of a 
State, to train such personnel in the investigation, 
identification, apprehension, arrest, detention, and 
transfer to Federal custody of inadmissible and de-
portable aliens in the United States (including the 
transportation of such aliens across State lines to de-
tention centers and the identification of fraudulent 
documents); and 
(2) an immigration enforcement pocket guide for 
law enforcement personnel of a State, or of a political 
subdivision of a State, to provide a quick reference for 
such personnel in the course of duty. 
(b) AVAILABILITY.—The training manual and pocket 
guide established in accordance with subsection (a) shall be 
made available to all State and local law enforcement per-
sonnel. 
(c) APPLICABILITY.—Nothing in this section shall be 
construed to require State or local law enforcement per-
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sonnel to carry the training manual or pocket guide with 
them while on duty. 
(d) COSTS.—The Secretary shall be responsible for any 
costs incurred in establishing the training manual and 
pocket guide. 
(e) TRAINING FLEXIBILITY.— 
(1) IN
GENERAL.—The Secretary shall make 
training of State and local law enforcement officers 
available through as many means as possible, includ-
ing through residential training at the Center for Do-
mestic Preparedness, onsite training held at State or 
local police agencies or facilities, online training 
courses by computer, teleconferencing, and videotape, 
or the digital video display (DVD) of a training 
course or courses. E-learning through a secure, 
encrypted distributed learning system that has all its 
servers based in the United States, is scalable, surviv-
able, and can have a portal in place not later than 
30 days after the date of the enactment of this Act, 
shall be made available by the Federal Law Enforce-
ment Training Center Distributed Learning Program 
for State and local law enforcement personnel. 
(2) FEDERAL PERSONNEL TRAINING.—The train-
ing of State and local law enforcement personnel 
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under this section shall not displace the training of 
Federal personnel. 
(3) CLARIFICATION.—Nothing in this title or 
any other provision of law shall be construed as mak-
ing any immigration-related training a requirement 
for, or prerequisite to, any State or local law enforce-
ment officer to assist in the enforcement of Federal 
immigration laws. 
(4) PRIORITY.—In carrying out this subsection, 
priority funding shall be given for existing web-based 
immigration enforcement training systems. 
SEC. 110. IMMUNITY. 
Notwithstanding any other provision of law, a law en-
forcement officer of a State or local law enforcement agency 
who is acting within the scope of the officer’s official duties 
shall be immune, to the same extent as a Federal law en-
forcement officer, from personal liability arising out of the 
performance of any duty described in this title, including 
the authorities to investigate, identify, apprehend, arrest, 
detain, or transfer to Federal custody, an alien for the pur-
poses of enforcing the immigration laws of the United 
States (as defined in section 101(a)(17) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(17)) or the immi-
gration laws of a State or a political subdivision of a State. 
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SEC. 111. CRIMINAL ALIEN IDENTIFICATION PROGRAM. 
(a) CONTINUATION AND EXPANSION.— 
(1) IN GENERAL.—The Secretary shall continue 
to operate and implement a program that— 
(A) identifies removable criminal aliens in 
Federal and State correctional facilities; 
(B) ensures such aliens are not released into 
the community; and 
(C) removes such aliens from the United 
States after the completion of their sentences. 
(2) EXPANSION.—The program shall be extended 
to all States. Any State that receives Federal funds 
for the incarceration of criminal aliens (pursuant to 
the State Criminal Alien Assistance Program author-
ized under section 241(i) of the Immigration and Na-
tionality Act (8 U.S.C. 1231(i)) or other similar pro-
gram) shall— 
(A) cooperate with officials of the program; 
(B) expeditiously and systematically iden-
tify criminal aliens in its prison and jail popu-
lations; and 
(C) promptly convey such information to of-
ficials of such program as a condition of receiv-
ing such funds. 
(b) AUTHORIZATION FOR DETENTION AFTER COMPLE-
TION OF STATE OR LOCAL PRISON SENTENCE.—Law en-
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forcement officers of a State, or of a political subdivision 
of a State, are authorized to— 
(1) hold a criminal alien for a period of up to 
14 days after the alien has completed the alien’s sen-
tence under State or local law in order to effectuate 
the transfer of the alien to Federal custody when the 
alien is inadmissible or deportable; or 
(2) issue a detainer that would allow aliens who 
have served a prison sentence under State or local law 
to be detained by the State or local prison or jail 
until the Secretary can take the alien into custody. 
(c) TECHNOLOGY USAGE.—Technology, such as video 
conferencing, shall be used to the maximum extent prac-
ticable in order to make the program available in remote 
locations. Mobile access to Federal databases of aliens and 
live scan technology shall be used to the maximum extent 
practicable in order to make these resources available to 
State and local law enforcement agencies in remote loca-
tions. 
(d) EFFECTIVE DATE.—This section shall take effect 
of the date of the enactment of this Act, except that sub-
section (a)(2) shall take effect on the date that is 180 days 
after such date. 
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SEC. 112. CLARIFICATION OF CONGRESSIONAL INTENT. 
Section 287(g) of the Immigration and Nationality 
Act (8 U.S.C. 1357(g)) is amended— 
(1) in paragraph (1) by striking ‘‘may enter’’ 
and all that follows through the period at the end and 
inserting the following: ‘‘shall enter into a written 
agreement with a State, or any political subdivision 
of a State, upon request of the State or political sub-
division, pursuant to which an officer or employee of 
the State or subdivision, who is determined by the 
Secretary to be qualified to perform a function of an 
immigration officer in relation to the investigation, 
apprehension, or detention of aliens in the United 
States (including the transportation of such aliens 
across State lines to detention centers), may carry out 
such function at the expense of the State or political 
subdivision and to extent consistent with State and 
local law. No request from a bona fide State or polit-
ical subdivision or bona fide law enforcement agency 
shall be denied absent a compelling reason. No limit 
on the number of agreements under this subsection 
may be imposed. The Secretary shall process requests 
for such agreements with all due haste, and in no case 
shall take not more than 90 days from the date the 
request is made until the agreement is con-
summated.’’; 
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‘‘(ii) The State or political subdivision shall have the 
right to a hearing before an administrative law judge and, 
if the ruling is against the State or political subdivision, 
to appeal the ruling to the Federal Circuit Court of Appeals 
and, if the ruling is against the State or political subdivi-
sion, to the Supreme Court. 
‘‘(C) The agreement shall remain in full effect during 
the course of any and all legal proceedings.’’; and 
(4) by inserting after paragraph (5) (as redesig-
nated) the following: 
‘‘(6) The Secretary of Homeland Security shall make 
training of State and local law enforcement officers avail-
able through as many means as possible, including through 
residential training at the Center for Domestic Prepared-
ness and the Federal Law Enforcement Training Center, 
onsite training held at State or local police agencies or fa-
cilities, online training courses by computer, teleconfer-
encing, and videotape, or the digital video display (DVD) 
of a training course or courses. Distance learning through 
a secure, encrypted distributed learning system that has all 
its servers based in the United States, is scalable, surviv-
able, and can have a portal in place not later than 30 days 
after the date of the enactment of this Act, shall be made 
available by the COPS Office of the Department of Justice 
and the Federal Law Enforcement Training Center Distrib-
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uted Learning Program for State and local law enforcement 
personnel. Preference shall be given to private sector-based 
web-based immigration enforcement training programs for 
which the Federal Government has already provided sup-
port to develop.’’. 
SEC. 113. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM 
(SCAAP). 
Section 241(i) of the Immigration and Nationality Act 
(8 U.S.C. 1231(i)) is amended— 
(1) by striking ‘‘Attorney General’’ the first place 
such term appears and inserting ‘‘Secretary of Home-
land Security’’; 
(2) by striking ‘‘Attorney General’’ each place 
such term appears thereafter and inserting ‘‘Sec-
retary’’; 
(3) in paragraph (3)(A), by inserting ‘‘charged 
with or’’ before ‘‘convicted’’; and 
(4) by amending paragraph (5) to read as fol-
lows: 
‘‘(5) There are authorized to be appropriated to 
carry out this subsection such sums as may be nec-
essary for fiscal year 2014 and each subsequent fiscal 
year.’’. 
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SEC. 114. STATE VIOLATIONS OF ENFORCEMENT OF IMMI-
GRATION LAWS. 
(a) IN GENERAL.—Section 642 of the Illegal Immigra-
tion Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1373) is amended— 
(1) by striking ‘‘Immigration and Naturaliza-
tion Service’’ each place it appears and inserting 
‘‘Department of Homeland Security’’; 
(2) in subsection (a), by striking ‘‘may’’ and in-
serting ‘‘shall’’; 
(3) in subsection (b)— 
(A) by striking ‘‘no person or agency may’’ 
and inserting ‘‘a person or agency shall not’’; 
(B) by striking ‘‘doing any of the following 
with respect to information’’ and inserting ‘‘un-
dertaking any of the following law enforcement 
activities’’; and 
(C) by striking paragraphs (1) through (3) 
and inserting the following: 
‘‘(1) Notifying the Federal Government regard-
ing the presence of inadmissible and deportable aliens 
who are encountered by law enforcement personnel of 
a State or political subdivision of a State. 
‘‘(2) Complying with requests for information 
from Federal law enforcement. 
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‘‘(3) Complying with detainers issued by the De-
partment of Homeland Security. 
‘‘(4) Issuing policies in the form of a resolutions, 
ordinances, administrative actions, general or special 
orders, or departmental policies that violate Federal 
law or restrict a State or political subdivision of a 
State from complying with Federal law or coordi-
nating with Federal law enforcement.’’; and 
(4) by adding at the end the following: 
‘‘(d) COMPLIANCE.— 
‘‘(1) IN GENERAL.—A State, or a political sub-
division of a State, that has in effect a statute, policy, 
or practice that prohibits law enforcement officers of 
the State, or of a political subdivision of the State, 
from assisting or cooperating with Federal immigra-
tion law enforcement in the course of carrying out the 
officers’ routine law enforcement duties shall not be 
eligible to receive— 
‘‘(A) any of the funds that would otherwise 
be allocated to the State or political subdivision 
under section 241(i) of the Immigration and Na-
tionality Act (8 U.S.C. 1231(i)) or the ‘Cops on 
the Beat’ program under part Q of title I of the 
Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3796dd et seq.); or 
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‘‘(B) any other law enforcement or Depart-
ment of Homeland Security grant. 
‘‘(2) ANNUAL
DETERMINATION.—The Secretary 
shall determine annually which State or political sub-
division of a State are not in compliance with this 
section and shall report such determinations to Con-
gress on March 1 of each year. 
‘‘(3) REPORTS.—The Attorney General shall 
issue a report concerning the compliance of any par-
ticular State or political subdivision at the request of 
the House or Senate Judiciary Committee. Any juris-
diction that is found to be out of compliance shall be 
ineligible to receive Federal financial assistance as 
provided in paragraph (1) for a minimum period of 
1 year, and shall only become eligible again after the 
Attorney General certifies that the jurisdiction is in 
compliance. 
‘‘(4) REALLOCATION.—Any funds that are not 
allocated to a State or to a political subdivision of a 
State, due to the failure of the State, or of the polit-
ical subdivision of the State, to comply with sub-
section (c) shall be reallocated to States, or to polit-
ical subdivisions of States, that comply with such 
subsection. 
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‘‘(e) CONSTRUCTION.—Nothing in this section shall re-
quire law enforcement officials from States, or from polit-
ical subdivisions of States, to report or arrest victims or 
witnesses of a criminal offense.’’. 
(b) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on the date of the enactment of this 
Act, except that subsection (d) of section 642 of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 
1996 (8 U.S.C. 1373), as added by this section, shall take 
effect beginning one year after the date of the enactment 
of this Act. 
SEC. 115. CLARIFYING THE AUTHORITY OF ICE DETAINERS. 
Except as otherwise provided by Federal law or rule 
of procedure, the Secretary of Homeland Security shall exe-
cute all lawful writs, process, and orders issued under the 
authority of the United States, and shall command all nec-
essary assistance to execute the Secretary’s duties. 
TITLE II—NATIONAL SECURITY 
SEC. 201. REMOVAL OF, AND DENIAL OF BENEFITS TO, TER-
RORIST ALIENS. 
(a) ASYLUM.—Section 208(b)(2)(A) of the Immigra-
tion and Nationality Act (8 U.S.C. 1158(b)(2)(A)) is 
amended— 
(1) by inserting ‘‘or the Secretary of Homeland 
Security’’ after ‘‘if the Attorney General’’; and 
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(2) by amending clause (v) to read as follows: 
‘‘(v) the alien is described in subpara-
graph (B)(i) or (F) of section 212(a)(3), un-
less, in the case of an alien described in sub-
paragraph (IV), (V), or (IX) of section 
212(a)(3)(B)(i), the Secretary of Homeland 
Security or the Attorney General deter-
mines, in the discretion of the Secretary or 
the Attorney General, that there are not rea-
sonable grounds for regarding the alien as 
a danger to the security of the United 
States; or’’. 
(b) CANCELLATION OF REMOVAL.—Section 240A(c)(4) 
of such Act (8 U.S.C. 1229b(c)(4)) is amended— 
(1) by striking ‘‘inadmissible under’’ and insert-
ing ‘‘described in’’; and 
(2) by striking ‘‘deportable under’’ and inserting 
‘‘described in’’. 
(c) VOLUNTARY DEPARTURE.—Section 240B(b)(1)(C) 
of such Act (8 U.S.C. 1229c(b)(1)(C)) is amended by strik-
ing ‘‘deportable under section 237(a)(2)(A)(iii) or section 
237(a)(4);’’ and inserting ‘‘described in paragraph 
(2)(A)(iii) or (4) of section 237(a);’’. 
(d) RESTRICTION ON REMOVAL.—Section 241(b)(3)(B) 
of such Act (8 U.S.C. 1231(b)(3)(B)) is amended— 
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(1) by inserting ‘‘or the Secretary of Homeland 
Security’’ after ‘‘Attorney General’’ each place it ap-
pears; 
(2) in clause (iii), by striking ‘‘or’’ at the end; 
(3) in clause (iv), by striking the period at the 
end and inserting ‘‘; or’’; 
(4) by inserting after clause (iv) the following: 
‘‘(v) the alien is described in subpara-
graph (B)(i) or (F) of section 212(a)(3), un-
less, in the case of an alien described in sub-
paragraph (IV), (V), or (IX) of section 
212(a)(3)(B)(i), the Secretary of Homeland 
Security or the Attorney General deter-
mines, in discretion of the Secretary or the 
Attorney General, that there are not reason-
able grounds for regarding the alien as a 
danger to the security of the United 
States.’’; and 
(5) by striking the final sentence. 
(e) RECORD OF ADMISSION.— 
(1) IN GENERAL.—Section 249 of such Act (8 
U.S.C. 1259) is amended to read as follows: 
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‘‘RECORD OF ADMISSION FOR PERMANENT RESIDENCE IN 
THE CASE OF CERTAIN ALIENS WHO ENTERED THE 
UNITED STATES PRIOR TO JANUARY 1, 1972 
‘‘SEC. 249. The Secretary of Homeland Security, in 
the discretion of the Secretary and under such regulations 
as the Secretary may prescribe, may enter a record of law-
ful admission for permanent residence in the case of any 
alien, if no such record is otherwise available and the 
alien— 
‘‘(1) entered the United States before January 1, 
1972; 
‘‘(2) has continuously resided in the United 
States since such entry; 
‘‘(3) has been a person of good moral character 
since such entry; 
‘‘(4) is not ineligible for citizenship; 
‘‘(5) is not described in paragraph (1)(A)(iv), 
(2), (3), (6)(C), (6)(E), or (8) of section 212(a); and 
‘‘(6) did not, at any time, without reasonable 
cause fail or refuse to attend or remain in attendance 
at a proceeding to determine the alien’s inadmis-
sibility or deportability. 
Such recordation shall be effective as of the date of approval 
of the application or as of the date of entry if such entry 
occurred prior to July 1, 1924.’’. 
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(2) CLERICAL AMENDMENT.—The table of con-
tents for such Act is amended by amending the item 
relating to section 249 to read as follows: 
‘‘Sec. 249. Record of admission for permanent residence in the case of certain 
aliens who entered the United States prior to January 1, 1972.’’. 
(f) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on the date of enactment of this Act 
and sections 208(b)(2)(A), 212(a), 240A, 240B, 241(b)(3), 
and 249 of the Immigration and Nationality Act, as so 
amended, shall apply to— 
(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) of this subsection, acts 
and conditions constituting a ground for exclusion, 
deportation, or removal occurring or existing before, 
on, or after the date of the enactment of this Act. 
SEC. 202. TERRORIST BAR TO GOOD MORAL CHARACTER. 
(a) DEFINITION OF GOOD MORAL CHARACTER.—Sec-
tion 101(f) of the Immigration and Nationality Act (8 
U.S.C. 1101(f)) is amended— 
(1) by inserting after paragraph (1) the fol-
lowing: 
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‘‘(2) one who the Secretary of Homeland Secu-
rity or Attorney General determines to have been at 
any time an alien described in section 212(a)(3) or 
237(a)(4), which determination may be based upon 
any relevant information or evidence, including clas-
sified, sensitive, or national security information;’’; 
(2) in paragraph (8), by inserting ‘‘, regardless 
whether the crime was classified as an aggravated fel-
ony at the time of conviction, except that the Sec-
retary of Homeland Security or Attorney General 
may, in the unreviewable discretion of the Secretary 
or Attorney General, determine that this paragraph 
shall not apply in the case of a single aggravated fel-
ony conviction (other than murder, manslaughter, 
homicide, rape, or any sex offense when the victim of 
such sex offense was a minor) for which completion 
of the term of imprisonment or the sentence (which-
ever is later) occurred 10 or more years prior to the 
date of application’’ after ‘‘(as defined in subsection 
(a)(43))’’; and 
(3) in the matter following paragraph (9), by 
striking the first sentence and inserting the following: 
‘‘The fact that any person is not within any of the 
foregoing classes shall not preclude a discretionary 
finding for other reasons that such a person is or was 
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not of good moral character. The Secretary or the At-
torney General shall not be limited to the applicant’s 
conduct during the period for which good moral char-
acter is required, but may take into consideration as 
a basis for determination the applicant’s conduct and 
acts at any time.’’ 
(b) AGGRAVATED FELONS.—Section 509(b) of the Im-
migration Act of 1990 (8 U.S.C. 1101 note) is amended 
to read as follows: 
‘‘(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on November 29, 1990, and 
shall apply to convictions occurring before, on or after such 
date.’’. 
(c) TECHNICAL CORRECTION TO THE INTELLIGENCE 
REFORM ACT.—Section 5504(2) of the Intelligence Reform 
and Terrorism Prevention Act of 2004 (Public Law 108– 
458) is amended by striking ‘‘adding at the end’’ and in-
serting ‘‘inserting after paragraph (8)’’. 
(d) EFFECTIVE DATE.—The amendments made by 
subsections (a) and (b) shall take effect on the date of enact-
ment of this Act, shall apply to any act that occurred before, 
on, or after such date and shall apply to any application 
for naturalization or any other benefit or relief, or any 
other case or matter under the immigration laws pending 
on or filed after such date. The amendments made by sub-
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section (c) shall take effect as if enacted in the Intelligence 
Reform and Terrorism Prevention Act of 2004 (Public Law 
108–458). 
SEC. 203. TERRORIST BAR TO NATURALIZATION. 
(a) NATURALIZATION OF PERSONS ENDANGERING THE 
NATIONAL SECURITY.—Section 316 of the Immigration and 
Nationality Act (8 U.S.C. 1426) is amended by adding at 
the end the following: 
‘‘(g) PERSONS ENDANGERING THE NATIONAL SECU-
RITY.—No person shall be naturalized who the Secretary 
of Homeland Security determines to have been at any time 
an alien described in section 212(a)(3) or 237(a)(4). Such 
determination may be based upon any relevant information 
or evidence, including classified, sensitive, or national secu-
rity information.’’. 
(b) CONCURRENT NATURALIZATION
AND REMOVAL 
PROCEEDINGS.—Section 318 of the Immigration and Na-
tionality Act (8 U.S.C. 1429) is amended by striking ‘‘other 
Act;’’ and inserting ‘‘other Act; and no application for nat-
uralization shall be considered by the Secretary of Home-
land Security or any court if there is pending against the 
applicant any removal proceeding or other proceeding to 
determine the applicant’s inadmissibility or deportability, 
or to determine whether the applicant’s lawful permanent 
resident status should be rescinded, regardless of when such 
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proceeding was commenced: Provided, That the findings of 
the Attorney General in terminating removal proceedings 
or in canceling the removal of an alien pursuant to the 
provisions of this Act, shall not be deemed binding in any 
way upon the Secretary of Homeland Security with respect 
to the question of whether such person has established his 
eligibility for naturalization as required by this title;’’. 
(c) PENDING DENATURALIZATION OR REMOVAL PRO-
CEEDINGS.—Section 204(b) of the Immigration and Na-
tionality Act (8 U.S.C. 1154(b)) is amended by adding at 
the end the following: ‘‘No petition shall be approved pursu-
ant to this section if there is any administrative or judicial 
proceeding (whether civil or criminal) pending against the 
petitioner that could (whether directly or indirectly) result 
in the petitioner’s denaturalization or the loss of the peti-
tioner’s lawful permanent resident status.’’. 
(d) CONDITIONAL PERMANENT RESIDENTS.—Sections 
216(e) and section 216A(e) of the Immigration and Nation-
ality Act (8 U.S.C. 1186a(e) and 1186b(e)) are each amend-
ed by striking the period at the end and inserting ‘‘, if the 
alien has had the conditional basis removed pursuant to 
this section.’’. 
(e) 
DISTRICT
COURT
JURISDICTION.—Subsection 
336(b) of the Immigration and Nationality Act (8 U.S.C. 
1447(b)) is amended to read as follows: 
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‘‘(b) If there is a failure to render a final administra-
tive decision under section 335 before the end of the 180- 
day period after the date on which the Secretary of Home-
land Security completes all examinations and interviews 
conducted under such section, as such terms are defined by 
the Secretary of Homeland Security pursuant to regula-
tions, the applicant may apply to the district court for the 
district in which the applicant resides for a hearing on the 
matter. Such court shall only have jurisdiction to review 
the basis for delay and remand the matter to the Secretary 
of Homeland Security for the Secretary’s determination on 
the application.’’. 
(f) CONFORMING AMENDMENT.—Section 310(c) of the 
Immigration and Nationality Act (8 U.S.C. 1421(c)) is 
amended— 
(1) by inserting ‘‘, not later than the date that 
is 120 days after the Secretary of Homeland Secu-
rity’s final determination,’’ after ‘‘seek’’; and 
(2) by striking the second sentence and inserting 
the following: ‘‘The burden shall be upon the peti-
tioner to show that the Secretary’s denial of the appli-
cation was not supported by facially legitimate and 
bona fide reasons. Except in a proceeding under sec-
tion 340, notwithstanding any other provision of law 
(statutory or nonstatutory), including section 2241 of 
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title 28, United States Code, or any other habeas cor-
pus provision, and sections 1361 and 1651 of such 
title, no court shall have jurisdiction to determine, or 
to review a determination of the Secretary made at 
any time regarding, whether, for purposes of an ap-
plication for naturalization, an alien is a person of 
good moral character, whether the alien understands 
and is attached to the principles of the Constitution 
of the United States, or whether an alien is well dis-
posed to the good order and happiness of the United 
States.’’. 
(g) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on the date of enactment of this Act, 
shall apply to any act that occurred before, on, or after such 
date, and shall apply to any application for naturalization 
or any other case or matter under the immigration laws 
pending on, or filed after, such date. 
SEC. 204. DENATURALIZATION FOR TERRORISTS. 
(a) IN GENERAL.—Section 340 of the Immigration 
and Nationality Act is amended— 
(1) by redesignating subsections (f) through (h) 
as subsections (g) through (i), respectively; and 
(2) by inserting after subsection (e) the following: 
‘‘(f)(1) If a person who has been naturalized partici-
pates in any act described in paragraph (2), the Attorney 
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General is authorized to find that, as of the date of such 
naturalization, such person was not attached to the prin-
ciples of the Constitution of the United States and was not 
well disposed to the good order and happiness of the United 
States at the time of naturalization, and upon such finding 
shall set aside the order admitting such person to citizen-
ship and cancel the certificate of naturalization as having 
been obtained by concealment of a material fact or by will-
ful misrepresentation, and such revocation and setting aside 
of the order admitting such person to citizenship and such 
canceling of certificate of naturalization shall be effective 
as of the original date of the order and certificate, respec-
tively. 
‘‘(2) The acts described in this paragraph are the fol-
lowing: 
‘‘(A) Any activity a purpose of which is the op-
position to, or the control or overthrow of, the Govern-
ment of the United States by force, violence, or other 
unlawful means. 
‘‘(B) Engaging in a terrorist activity (as defined 
in clauses (iii) and (iv) of section 212(a)(3)(B)). 
‘‘(C) Incitement of terrorist activity under cir-
cumstances indicating an intention to cause death or 
serious bodily harm. 
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‘‘(D) Receiving military-type training (as de-
fined in section 2339D(c)(1) of title 18, United States 
Code) from or on behalf of any organization that, at 
the time the training was received, was a terrorist or-
ganization (as defined in section 212(a)(3)(B)(vi)).’’. 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect on the date of the enactment 
of this Act and shall apply to acts that occur on or after 
such date. 
SEC. 205. USE OF 1986 IRCA LEGALIZATION INFORMATION 
FOR NATIONAL SECURITY PURPOSES. 
(a) SPECIAL
AGRICULTURAL
WORKERS.—Section 
210(b)(6) of the Immigration and Nationality Act (8 
U.S.C. 1160(b)(6)) is amended— 
(1) by striking ‘‘Attorney General’’ each place 
such term appears and inserting ‘‘Secretary of Home-
land Security’’; 
(2) in subparagraph (A), by striking ‘‘Depart-
ment of Justice,’’ and inserting ‘‘Department of 
Homeland Security,’’; 
(3) by redesignating subparagraphs (C) and (D) 
as subparagraphs (D) and (E), respectively; 
(4) by inserting after subparagraph (B) the fol-
lowing: 
‘‘(C) AUTHORIZED DISCLOSURES.— 
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‘‘(i) CENSUS PURPOSE.—The Secretary 
of Homeland Security may provide, in his 
discretion, for the furnishing of information 
furnished under this section in the same 
manner and circumstances as census infor-
mation may be disclosed under section 8 of 
title 13, United States Code. 
‘‘(ii) NATIONAL SECURITY PURPOSE.— 
The Secretary of Homeland Security may 
provide, in his discretion, for the fur-
nishing, use, publication, or release of infor-
mation furnished under this section in any 
investigation, case, or matter, or for any 
purpose, relating to terrorism, national in-
telligence or the national security.’’; and 
(5) in subparagraph (D), as redesignated, by 
striking ‘‘Service’’ and inserting ‘‘Department of 
Homeland Security’’. 
(b) ADJUSTMENT OF STATUS UNDER THE IMMIGRA-
TION REFORM
AND CONTROL ACT
OF 1986.—Section 
245A(c)(5) of the Immigration and Nationality Act (8 
U.S.C. 1255a(c)(5)), is amended— 
(1) by striking ‘‘Attorney General’’ each place 
such term appears and inserting ‘‘Secretary of Home-
land Security’’; 
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(2) in subparagraph (A), by striking ‘‘Depart-
ment of Justice,’’ and inserting ‘‘Department of 
Homeland Security,’’; 
(3) by amending subparagraph (C) to read as 
follows: 
‘‘(C) AUTHORIZED DISCLOSURES.— 
‘‘(i) CENSUS PURPOSE.—The Secretary 
of Homeland Security may provide, in his 
discretion, for the furnishing of information 
furnished under this section in the same 
manner and circumstances as census infor-
mation may be disclosed under section 8 of 
title 13, United States Code. 
‘‘(ii) NATIONAL SECURITY PURPOSE.— 
The Secretary of Homeland Security may 
provide, in his discretion, for the fur-
nishing, use, publication, or release of infor-
mation furnished under this section in any 
investigation, case, or matter, or for any 
purpose, relating to terrorism, national in-
telligence or the national security.’’; and 
(4) in subparagraph (D)(i), striking ‘‘Service’’ 
and inserting ‘‘Department of Homeland Security’’. 
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SEC. 206. BACKGROUND AND SECURITY CHECKS. 
(a) REQUIREMENT TO COMPLETE BACKGROUND AND 
SECURITY CHECKS.—Section 103 of the Immigration and 
Nationality Act (8 U.S.C. 1103) is amended by adding at 
the end the following: 
‘‘(h) Notwithstanding any other provision of law (stat-
utory or nonstatutory), including but not limited to section 
309 of Public Law 107–173, sections 1361 and 1651 of title 
28, United States Code, and section 706(1) of title 5, United 
States Code, neither the Secretary of Homeland Security, 
the Attorney General, nor any court may— 
‘‘(1) grant, or order the grant of or adjudication 
of an application for adjustment of status to that of 
an alien lawfully admitted for permanent residence; 
‘‘(2) grant, or order the grant of or adjudication 
of an application for United States citizenship or any 
other status, relief, protection from removal, employ-
ment authorization, or other benefit under the immi-
gration laws; 
‘‘(3) grant, or order the grant of or adjudication 
of, any immigrant or nonimmigrant petition; or 
‘‘(4) issue or order the issuance of any docu-
mentation evidencing or related to any such grant, 
until such background and security checks as the Sec-
retary may in his discretion require have been com-
pleted or updated to the satisfaction of the Secretary. 
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‘‘(i) Notwithstanding any other provision of law (stat-
utory or nonstatutory), including but not limited to section 
309 of Public Law 107–173, sections 1361 and 1651 of title 
28, United States Code, and section 706(1) of title 5, United 
States Code, neither the Secretary of Homeland Security 
nor the Attorney General may be required to— 
‘‘(1) grant, or order the grant of or adjudication 
of an application for adjustment of status to that of 
an alien lawfully admitted for permanent residence, 
‘‘(2) grant, or order the grant of or adjudication 
of an application for United States citizenship or any 
other status, relief, protection from removal, employ-
ment authorization, or other benefit under the immi-
gration laws, 
‘‘(3) grant, or order the grant of or adjudication 
of, any immigrant or nonimmigrant petition, or 
‘‘(4) issue or order the issuance of any docu-
mentation evidencing or related to any such grant, 
until any suspected or alleged materially false infor-
mation, material misrepresentation or omission, con-
cealment of a material fact, fraud or forgery, counter-
feiting, or alteration, or falsification of a document, 
as determined by the Secretary, relating to the adju-
dication of an application or petition for any status 
(including the granting of adjustment of status), re-
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lief, protection from removal, or other benefit under 
this subsection has been investigated and resolved to 
the Secretary’s satisfaction. 
‘‘(j) Notwithstanding any other provision of law (stat-
utory or nonstatutory), including section 309 of the En-
hanced Border Security and Visa Entry Reform Act (8 
U.S.C. 1738), sections 1361 and 1651 of title 28, United 
States Code, and section 706(1) of title 5, United States 
Code, no court shall have jurisdiction to require any of the 
acts in subsection (h) or (i) to be completed by a certain 
time or award any relief for failure to complete or delay 
in completing such acts.’’. 
(b) CONSTRUCTION.— 
(1) IN GENERAL.—Chapter 4 of title III of the 
Immigration and Nationality Act (8 U.S.C. 1501 et 
seq.) is amended by adding at the end the following: 
‘‘CONSTRUCTION 
‘‘SEC. 362. (a) IN GENERAL.—Nothing in this Act or 
any other law, except as provided in subsection (d), shall 
be construed to require the Secretary of Homeland Security, 
the Attorney General, the Secretary of State, the Secretary 
of Labor, or a consular officer to grant any application, 
approve any petition, or grant or continue any relief, pro-
tection from removal, employment authorization, or any 
other status or benefit under the immigration laws by, to, 
or on behalf of— 
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‘‘(1) any alien deemed by the Secretary to be de-
scribed in section 212(a)(3) or section 237(a)(4); or 
‘‘(2) any alien with respect to whom a criminal 
or other proceeding or investigation is open or pend-
ing (including, but not limited to, issuance of an ar-
rest warrant, detainer, or indictment), where such 
proceeding or investigation is deemed by the official 
described in subsection (a) to be material to the 
alien’s eligibility for the status or benefit sought. 
‘‘(b) DENIAL OR WITHHOLDING OF ADJUDICATION.— 
An official described in subsection (a) may, in the discre-
tion of the official, deny (with respect to an alien described 
in paragraph (1) or (2) of subsection (a)) or withhold adju-
dication of pending resolution of the investigation or case 
(with respect to an alien described in subsection (a)(2) of 
this section) any application, petition, relief, protection 
from removal, employment authorization, status or benefit. 
‘‘(c) JURISDICTION.—Notwithstanding any other pro-
vision of law (statutory or nonstatutory), including section 
309 of the Enhanced Border Security and Visa Entry Re-
form Act (8 U.S.C. 1738), sections 1361 and 1651 of title 
28, United States Code, and section 706(1) of title 5, United 
States Code, no court shall have jurisdiction to review a 
decision to deny or withhold adjudication pursuant to sub-
section (b) of this section. 
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‘‘(d) WITHHOLDING OF REMOVAL AND TORTURE CON-
VENTION.—This section does not limit or modify the appli-
cability of section 241(b)(3) or the United Nations Conven-
tion Against Torture and Other Cruel, Inhuman or Degrad-
ing Treatment or Punishment, subject to any reservations, 
understandings, declarations and provisos contained in the 
United States Senate resolution of ratification of the Con-
vention, as implemented by section 2242 of the Foreign Af-
fairs Reform and Restructuring Act of 1998 (Public Law 
105–277) with respect to an alien otherwise eligible for pro-
tection under such provisions.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents for such Act is amended by inserting after the 
item relating to section 361 the following: 
‘‘Sec. 362. Construction.’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on the date of the enactment of this 
Act and shall apply to applications for immigration bene-
fits pending on or after such date. 
SEC. 207. TECHNICAL AMENDMENTS RELATING TO THE IN-
TELLIGENCE REFORM AND TERRORISM PRE-
VENTION ACT OF 2004. 
(a) TRANSIT
WITHOUT
VISA
PROGRAM.—Section 
7209(d) of the Intelligence Reform and Terrorism Preven-
tion Act of 2004 (8 U.S.C. 1185 note) is amended by strik-
ing ‘‘the Secretary, in conjunction with the Secretary of 
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Homeland Security,’’ and inserting ‘‘the Secretary of 
Homeland Security, in consultation with the Secretary of 
State,’’. 
(b) TECHNOLOGY ACQUISITION AND DISSEMINATION 
PLAN.—Section 7201(c)(1) of such Act is amended by in-
serting ‘‘and the Department of State’’ after ‘‘used by the 
Department of Homeland Security’’. 
TITLE III—REMOVAL OF 
CRIMINAL ALIENS 
SEC. 301. DEFINITION OF AGGRAVATED FELONY. 
(a) DEFINITION OF AGGRAVATED FELONY.—Section 
101(a)(43) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(43)) is amended— 
(1) by striking ‘‘The term ‘aggravated felony’ 
means—’’ and inserting ‘‘Notwithstanding any other 
provision of law, the term ‘aggravated felony’ applies 
to an offense described in this paragraph, whether in 
violation of Federal or State law, or in violation of 
the law of a foreign country for which the term of im-
prisonment was completed within the previous 15 
years, even if the length of the term of imprisonment 
for the offense is based on recidivist or other enhance-
ments and regardless of whether the conviction was 
entered before, on, or after September 30, 1996, and 
means—’’; 
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(2) in subparagraph (A), by striking ‘‘murder, 
rape, or sexual abuse of a minor;’’ and inserting 
‘‘murder, manslaughter, homicide, rape (whether the 
victim was conscious or unconscious), or any offense 
of a sexual nature involving a victim under the age 
of 18 years;’’; 
(3) in subparagraph (I), by striking ‘‘or 2252’’ 
and inserting ‘‘2252, or 2252A’’. 
(4) in subparagraph (F), by striking ‘‘at least 
one year;’’ and inserting ‘‘is at least one year, except 
that if the conviction records do not conclusively es-
tablish whether a crime constitutes a crime of vio-
lence, the Attorney General may consider other evi-
dence related to the conviction that clearly establishes 
that the conduct for which the alien was engaged con-
stitutes a crime of violence;’’ 
(5) in subparagraph (N)— 
(A) by striking ‘‘paragraph (1)(A) or (2) 
of’’; and 
(B) by inserting a semicolon at the end; 
(6) in subparagraph (O), by striking ‘‘section 
275(a) or 276 committed by an alien who was pre-
viously deported on the basis of a conviction for an 
offense described in another subparagraph of this 
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seek release on bond, including by reason of 
a certification under clause (ii)(II). 
‘‘(C) RENEWAL AND DELEGATION OF CER-
TIFICATION.— 
‘‘(i) 
RENEWAL.—The 
Secretary 
of 
Homeland Security may renew a certifi-
cation under subparagraph (B)(ii)(II) every 
6 months, after providing an opportunity 
for the alien to request reconsideration of 
the certification and to submit documents or 
other evidence in support of that request. If 
the Secretary does not renew a certification, 
the Secretary may not continue to detain 
the alien under subparagraph (B)(ii)(II). 
‘‘(ii) DELEGATION.—Notwithstanding 
section 103, the Secretary of Homeland Se-
curity may not delegate the authority to 
make or renew a certification described in 
item (bb), (cc), or (dd) of subparagraph 
(B)(ii)(II) below the level of the Assistant 
Secretary for Immigration and Customs 
Enforcement. 
‘‘(iii) HEARING.—The Secretary of 
Homeland Security may request that the 
Attorney General or the Attorney General’s 
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‘‘(D) be fined under such title, imprisoned 
not less than 5 years or more than 20 years, or 
both, if the violation created a substantial and 
foreseeable risk of death, a substantial and fore-
seeable risk of serious bodily injury (as defined 
in section 2119(2) of title 18, United States 
Code), or inhumane conditions to another per-
son, including— 
‘‘(i) transporting the person in an en-
gine compartment, storage compartment, or 
other confined space; 
‘‘(ii) transporting the person at an ex-
cessive speed or in excess of the rated capac-
ity of the means of transportation; or 
‘‘(iii) transporting the person in, har-
boring the person in, or otherwise subjecting 
the person to crowded or dangerous condi-
tions; 
‘‘(E) if the violation caused serious bodily 
injury (as defined in section 2119(2) of title 18, 
United States Code) to any person, be fined 
under such title, imprisoned for not less than 7 
years or more than 30 years, or both; 
‘‘(F) be fined under such title and impris-
oned for not less than 10 years or more than 30 
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