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‘‘(C) A person who is deportable under section
241(a)(2)(C) or 241(a)(4) shall not be eligible for relief
under this section.
‘‘(D) A person who is deportable under section
241(a)(2) (A), (B), or (D) or section 241(a)(3) shall not
be eligible for relief under paragraph (1) (B), or (D).
‘‘(E) A person who has been convicted of an aggravated
felony shall not be eligible for relief under paragraph (1)
(B), or (C), (D).
‘‘(F) A person who is deportable under section
241(a)(1)(G) shall not be eligible for relief under paragraph
(1)(C).
‘‘(b) CONTINUOUS PHYSICAL PRESENCE NOT RE-
QUIRED BECAUSE
OF HONORABLE SERVICE
IN ARMED
FORCES AND PRESENCE UPON ENTRY INTO SERVICE.—The
requirements of continuous residence or continuous physical
presence in the United States specified in subsection (a)(1)
(A) and (B) shall not be applicable to an alien who—
‘‘(1) has served for a minimum period of 24
months in an active-duty status in the Armed Forces
of the United States and, if separated from such serv-
ice, was separated under honorable conditions, and
‘‘(2) at the time of his or her enlistment or in-
duction, was in the United States.
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‘‘(c) ADJUSTMENT OF STATUS.—The Attorney General
may cancel deportation and adjust to the status of an alien
lawfully admitted for permanent residence any alien who
the Attorney General determines meets the requirements of
subsection (a)(1) (B), (C), or (D). The Attorney General
shall record the alien’s lawful admission for permanent res-
idence as of the date the Attorney General decides to cancel
such alien’s removal.
‘‘(d) ALIEN CREWMEN; NONIMMIGRANT EXCHANGE
ALIENS ADMITTED TO RECEIVE GRADUATE MEDICAL EDU-
CATION
OR TRAINING; OTHER.—The provisions of sub-
section (a) shall not apply to an alien who—
‘‘(1) entered the United States as a crewman
after June 30, 1964;
‘‘(2) was admitted to the United States as a non-
immigrant alien described in section 101(a)(15)(J),
or has acquired the status of such a nonimmigrant
alien after admission, in order to receive graduate
medical education or training, without regard to
whether or not the alien is subject to or has fulfilled
the two-year foreign residence requirement of section
212(e); or
‘‘(3)(A) was admitted to the United States as a
nonimmigrant 
alien 
described 
in 
section
101(a)(15)(J), or has acquired the status of such a
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nonimmigrant alien after admission, other than to re-
ceive graduate medical education or training;
‘‘(B) is subject to the two-year foreign residence
requirement of section 212(e); and
‘‘(C) has not fulfilled that requirement or re-
ceived a waiver thereof, or, in the case of a foreign
medical graduate who has received a waiver pursuant
to section 220 of the Immigration and Nationality
Technical Corrections Act of 1994 (Public Law 103–
416), has not fulfilled the requirements of section
214(k).
‘‘(e) VOLUNTARY DEPARTURE.—(1)(A) The Attorney
General may permit an alien voluntarily to depart the
United States at the alien’s own expense—
‘‘(i) in lieu of being subject to deportation pro-
ceedings under section 242 or prior to the completion
of such proceedings, if the alien is not a person de-
portable under section 241(a)(2)(A)(iii) or section
241(a)(4); or
‘‘(ii) after the completion of deportation proceed-
ings under section 242, only if a special inquiry offi-
cer determines that—
‘‘(I) the alien is, and has been for at least
5 years immediately preceding the alien’s appli-
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cation for voluntary departure, a person of good
moral character;
‘‘(II) the alien is not deportable under sec-
tion 241(a)(2)(A)(iii) or section 241(a)(4); and
‘‘(III) the alien establishes by clear and con-
vincing evidence that the alien has the means to
depart the United States and intends to do so.
‘‘(B)(i) In the case of departure pursuant to subpara-
graph (A)(i), the Attorney General may require the alien
to post a voluntary departure bond, to be surrendered upon
proof that the alien has departed the United States within
the time specified.
‘‘(ii) If any alien who is authorized to depart volun-
tarily under this paragraph is financially unable to depart
at the alien’s own expense and the Attorney General deems
the alien’s removal to be in the best interest of the United
States, the expense of such removal may be paid from the
appropriation for enforcement of this Act.
‘‘(C) In the case of departure pursuant to subpara-
graph (A)(ii), the alien shall be required to post a voluntary
departure bond, in an amount necessary to ensure that the
alien will depart, to be surrendered upon proof that the
alien has departed the United States within the time speci-
fied.
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‘‘(2) If the alien fails voluntarily to depart the United
States within the time period specified in accordance with
paragraph (1), the alien shall be subject to a civil penalty
of not more than $500 per day and shall be ineligible for
any further relief under this subsection or subsection (a).
‘‘(3)(A) The Attorney General may by regulation limit
eligibility for voluntary departure for any class or classes
of aliens.
‘‘(B) No court may review any regulation issued under
subparagraph (A).
‘‘(4) No court shall have jurisdiction over an appeal
from denial of a request for an order of voluntary departure
under paragraph (1), nor shall any court order a stay of
an alien’s removal pending consideration of any claim with
respect to voluntary departure.’’.
(c) CONFORMING AMENDMENTS.—(1) Section 242(b)
(8 U.S.C. 1252(b)) is amended by striking the last two sen-
tences.
(2) Section 242B (8 U.S.C. 1252b) is amended—
(A) in subsection (e)(2), by striking ‘‘section
244(e)(1)’’ and inserting ‘‘section 244(e)’’; and
(B) in subsection (e)(5)—
(i) by striking ‘‘suspension of deportation’’
and inserting ‘‘cancellation of deportation’’; and
(ii) by inserting ‘‘244,’’ before ‘‘245’’.
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(d) AMENDMENT TO THE TABLE OF CONTENTS.—The
table of contents of the Act is amended by amending the
item relating to section 244 to read as follows:
‘‘Sec. 244. Cancellation of deportation; adjustment of status; voluntary depar-
ture.’’.
(e) EFFECTIVE DATES.—(1) The amendments made by
subsection (a) shall take effect on the date of the enactment
of this Act, and shall apply to all applications for relief
under section 212(c) of the Immigration and Nationality
Act (8 U.S.C. 1182(c)), except that, for purposes of deter-
mining the period of continuous residence, the amendments
made by subsection (a) shall apply to all aliens against
whom proceedings are commenced on or after the date of
the enactment of this Act.
(2) The amendments made by subsection (b) shall take
effect on the date of the enactment of this Act, and shall
apply to all applications for relief under section 244 of the
Immigration and Nationality Act (8 U.S.C. 1254), except
that, for purposes of determining the periods of continuous
residence or continuous physical presence, the amendments
made by subsection (b) shall apply to all aliens upon whom
an order to show cause is served on or after the date of
the enactment of this Act.
(3) The amendments made by subsection (c) shall take
effect on the date of the enactment of this Act.
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SEC. 151. ALIEN STOWAWAYS.
(a) DEFINITION.—Section 101(a) (8 U.S.C. 1101) is
amended by adding the following new paragraph:
‘‘(47) The term ‘stowaway’ means any alien who ob-
tains transportation without the consent of the owner,
charterer, master, or person in command of any vessel or
aircraft through concealment aboard such vessel or aircraft.
A passenger who boards with a valid ticket is not to be
considered a stowaway.’’.
(b) EXCLUDABILITY.—Section 237 (8 U.S.C. 1227) is
amended—
(1) in subsection (a)(1), before the period at the
end of the first sentence, by inserting the following: ‘‘,
or unless the alien is an excluded stowaway who has
applied for asylum or withholding of deportation and
whose application has not been adjudicated or whose
application has been denied but who has not ex-
hausted every appeal right’’; and
(2) by inserting after the first sentence in sub-
section (a)(1) the following new sentences: ‘‘Any alien
stowaway inspected upon arrival in the United States
is an alien who is excluded within the meaning of
this section. For purposes of this section, the term
‘alien’ includes an excluded stowaway. The provisions
of this section concerning the deportation of an ex-
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aircraft on which such stowaway arrived when required to
do so by an immigration officer.
‘‘(4) Any person who fails to comply with paragraph
(1) or (3), shall be subject to a fine of $5,000 for each alien
for each failure to comply, payable to the Commissioner.
The Commissioner shall deposit amounts received under
this paragraph as offsetting collections to the applicable ap-
propriations account of the Service. Pending final deter-
mination of liability for such fine, no such vessel or aircraft
shall be granted clearance, except that clearance may be
granted upon the deposit of a sum sufficient to cover such
fine, or of a bond with sufficient surety to secure the pay-
ment thereof approved by the Commissioner.
‘‘(5) An alien stowaway inspected upon arrival shall
be considered an excluded alien under this Act.
‘‘(6) The provisions of section 235 for detention of
aliens for examination before a special inquiry officer and
the right of appeal provided for in section 236 shall not
apply to aliens who arrive as stowaways, and no such
aliens shall be permitted to land in the United States, ex-
cept temporarily for medical treatment, or pursuant to such
regulations as the Attorney General may prescribe for the
departure, removal, or deportation of such alien from the
United States.
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‘‘(7) A stowaway may apply for asylum under section
208 or withholding of deportation under section 243(h),
pursuant to such regulations as the Attorney General may
establish.’’.
SEC. 152. PILOT PROGRAM ON INTERIOR REPATRIATION
AND OTHER METHODS TO DETER MULTIPLE
UNLAWFUL ENTRIES.
(a) ESTABLISHMENT.—Not later than 180 days after
the date of the enactment of this Act, the Attorney General,
after consultation with the Secretary of State, shall estab-
lish a pilot program for up to two years which provides
for methods to deter multiple unlawful entries by aliens into
the United States. The pilot program may include the devel-
opment and use of interior repatriation, third country re-
patriation, and other disincentives for multiple unlawful
entries into the United States.
(b) REPORT.—Not later than 35 months after the date
of the enactment of this Act, the Attorney General, together
with the Secretary of State, shall submit a report to the
Committees on the Judiciary of the House of Representa-
tives and of the Senate on the operation of the pilot pro-
gram under this section and whether the pilot program or
any part thereof should be extended or made permanent.
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SEC. 153. PILOT PROGRAM ON USE OF CLOSED MILITARY
BASES FOR THE DETENTION OF EXCLUDABLE
OR DEPORTABLE ALIENS.
(a) ESTABLISHMENT.—The Attorney General and the
Secretary of Defense shall jointly establish a pilot program
for up to two years to determine the feasibility of the use
of military bases available through the defense base realign-
ment and closure process as detention centers for the Immi-
gration and Naturalization Service.
(b) REPORT.—Not later than 35 months after the date
of the enactment of this Act, the Attorney General, together
with the Secretary of State, shall submit a report to the
Committees on the Judiciary of the House of Representa-
tives and of the Senate, the Committee on National Security
of the House of Representatives, and the Committee on
Armed Services of the Senate, on the feasibility of using
military bases closed through the defense base realignment
and closure process as detention centers by the Immigration
and Naturalization Service.
SEC. 154. PHYSICAL AND MENTAL EXAMINATIONS.
Section 234 (8 U.S.C. 1224) is amended to read as
follows:
‘‘PHYSICAL AND MENTAL EXAMINATIONS
‘‘SEC. 234. (a) ALIENS COVERED.—Each alien within
any of the following classes of aliens who is seeking entry
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into the United States shall undergo a physical and mental
examination in accordance with this section:
‘‘(1) Aliens applying for visas for admission to
the United States for permanent residence.
‘‘(2) Aliens seeking admission to the United
States for permanent residence for whom examina-
tions were not made under paragraph (1).
‘‘(3) Aliens within the United States seeking ad-
justment of status under section 245 to that of aliens
lawfully admitted to the United States for permanent
residence.
‘‘(4) Alien crewmen entering or in transit across
the United States.
‘‘(b) DESCRIPTION OF EXAMINATION.—(1) Each exam-
ination required by subsection (a) shall include—
‘‘(A) an examination of the alien for any phys-
ical or mental defect or disease and a certification of
medical findings made in accordance with subsection
(d); and
‘‘(B) an assessment of the vaccination record of
the alien in accordance with subsection (e).
‘‘(2) The Secretary of Health and Human Services
shall prescribe such regulations as may be necessary to
carry out the medical examinations required by subsection
(a).
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‘‘(c) MEDICAL EXAMINERS.—
‘‘(1) MEDICAL OFFICERS.—(A) Except as pro-
vided in paragraphs (2) and (3), examinations under
this section shall be conducted by medical officers of
the United States Public Health Services.
‘‘(B) Medical officers of the United States Public
Health Service who have had specialized training in
the diagnosis of insanity and mental defects shall be
detailed for duty or employed at such ports of entry
as the Secretary may designate, in consultation with
the Attorney General.
‘‘(2) CIVIL SURGEONS.—(A) Whenever medical
officers of the United States Public Health Service are
not available to perform examinations under this sec-
tion, the Attorney General, in consultation with the
Secretary, shall designate civil surgeons to perform
the examinations.
‘‘(B) Each civil surgeon designated under sub-
paragraph (A) shall—
‘‘(i) have at least 4 years of professional ex-
perience unless the Secretary determines that
special or extenuating circumstances justify the
designation of an individual having a lesser
amount of professional experience; and
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‘‘(ii) satisfy such other eligibility require-
ments as the Secretary may prescribe.
‘‘(3) PANEL PHYSICIANS.—In the case of exami-
nations under this section abroad, the medical exam-
iner shall be a panel physician designated by the Sec-
retary of State, in consultation with the Secretary.
‘‘(d) CERTIFICATION
OF MEDICAL FINDINGS.—The
medical examiners shall certify for the information of im-
migration officers and special inquiry officers, or consular
officers, as the case may be, any physical or mental defect
or disease observed by such examiners in any such alien.
‘‘(e) VACCINATION ASSESSMENT.—(1) The assessment
referred to in subsection (b)(1)(B) is an assessment of the
alien’s record of required vaccines for preventable diseases,
including mumps, measles, rubella, polio, tetanus, diphthe-
ria toxoids, pertussis, hemophilus-influenza type B, hepa-
titis type B, as well as any other diseases specified as vac-
cine-preventable by the Advisory Committee on Immuniza-
tion Practices.
‘‘(2) Medical examiners shall educate aliens on the im-
portance of immunizations and shall create an immuniza-
tion record for the alien at the time of examination.
‘‘(3)(A) Each alien who has not been vaccinated
against measles, and each alien under the age of 5 years
who has not been vaccinated against polio, must receive
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such vaccination, unless waived by the Secretary, and must
receive any other vaccination determined necessary by the
Secretary prior to arrival in the United States.
‘‘(B) Aliens who have not received the entire series of
vaccinations prescribed in paragraph (1) (other than mea-
sles) shall return to a designated civil surgeon within 30
days of arrival in the United States, or within 30 days
of adjustment of status, for the remainder of the vaccina-
tions.
‘‘(f) APPEAL OF MEDICAL EXAMINATION FINDINGS.—
Any alien determined to have a health-related grounds of
exclusion under paragraph (1) of section 212(a) may ap-
peal that determination to a board of medical officers of
the Public Health Service, which shall be convened by the
Secretary. The alien may introduce at least one expert med-
ical witness before the board at his or her own cost and
expense.
‘‘(g) FUNDING.—(1)(A) The Attorney General shall
impose a fee upon any person applying for adjustment of
status to that of an alien lawfully admitted to permanent
residence under section 209, 210, 245, or 245A, and the Sec-
retary of State shall impose a fee upon any person applying
for a visa at a United States consulate abroad who is re-
quired to have a medical examination in accordance with
subsection (a).
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‘‘(B) The amounts of the fees required by subparagraph
(A) shall be established by the Secretary, in consultation
with the Attorney General and the Secretary of State, as
the case may be, and shall be set at such amounts as may
be necessary to recover the full costs of establishing and ad-
ministering the civil surgeon and panel physician pro-
grams, including the costs to the Service, the Department
of State, and the Department of Health and Human Serv-
ices for any additional expenditures associated with the ad-
ministration of the fees collected.
‘‘(2)(A) The fees imposed under paragraph (1) may
be collected as separate fees or as surcharges to any other
fees that may be collected in connection with an application
for adjustment of status under section 209, 210, 245, or
245A, for a visa, or for a waiver of excludability under
paragraph (1) or (2) of section 212(g), as the case may be.
‘‘(B) The provisions of the Act of August 18, 1856 (Re-
vised Statutes 1726–28, 22 U.S.C. 4212–14), concerning ac-
counting for consular fees, shall not apply to fees collected
by the Secretary of State under this section.
‘‘(3)(A) There is established on the books of the Treas-
ury of the United States a separate account which shall
be known as the ‘Medical Examinations Fee Account’.
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‘‘(B) There shall be deposited as offsetting receipts into
the Medical Examinations Fee Account all fees collected
under paragraph (1), to remain available until expended.
‘‘(C) Amounts in the Medical Examinations Fee Ac-
count shall be available only to reimburse any appropria-
tion currently available for the programs established by this
section.
‘‘(h) DEFINITIONS.—As used in this section—
‘‘(1) the term ‘medical examiner’ refers to a med-
ical officer, civil surgeon, or panel physician, as de-
scribed in subsection (c); and
‘‘(2) the term ‘Secretary’ means the Secretary of
Health and Human Services.’’.
SEC. 155. CERTIFICATION REQUIREMENTS FOR FOREIGN
HEALTH-CARE WORKERS.
(a) IN GENERAL.—Section 212(a) (8 U.S.C. 1182(a))
is amended—
(1) by redesignating paragraph (9) as para-
graph (10); and
(2) by inserting after paragraph (8) the follow-
ing new paragraph:
‘‘(9) 
UNCERTIFIED
FOREIGN
HEALTH-CARE
WORKERS.—(A) Any alien who seeks to enter the
United States for the purpose of performing labor as
a health-care worker, other than a physician, is ex-
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cludable unless the alien presents to the consular offi-
cer, or, in the case of an adjustment of status, the At-
torney General, a certificate from the Commission on
Graduates of Foreign Nursing Schools, or a certificate
from an equivalent independent credentialing organi-
zation approved by the Attorney General in consulta-
tion with the Secretary of Health and Human Serv-
ices, verifying that—
‘‘(i) the alien’s education, training, license,
and experience—
‘‘(I) meet all applicable statutory and
regulatory requirements for entry into the
United States under the classification speci-
fied in the application;
‘‘(II) are comparable with that re-
quired for an American health-care worker
of the same type; and
‘‘(III) are authentic and, in the case of
a license, unencumbered;
‘‘(ii) the alien has the level of competence in
oral and written English considered by the Sec-
retary of Health and Human Services, in con-
sultation with the Secretary of Education, to be
appropriate for health care work of the kind in
which the alien will be engaged, as shown by an
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appropriate score on one or more nationally rec-
ognized, commercially available, standardized
assessments of the applicant’s ability to speak
and write; and
‘‘(iii) if a majority of States licensing the
profession in which the alien intends to work
recognize a test predicting the success on the pro-
fession’s licensing and certification examination,
the alien has passed such a test.
‘‘(B) For purposes of subparagraph (A)(ii), de-
termination of the standardized tests required and of
the minimum scores that are appropriate are within
the sole discretion of the Secretary of Health and
Human Services and are not subject to further ad-
ministrative or judicial review.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 101(f)(3) is amended by striking
‘‘(9)(A) of section 212(a)’’ and inserting ‘‘(10)(A) of
section 212(a)’’.
(2) Section 212(c) is amended by striking
‘‘(9)(C)’’ and inserting ‘‘(10)(C)’’.
SEC. 156. INCREASED BAR TO REENTRY FOR ALIENS PRE-
VIOUSLY REMOVED.
(a) IN
GENERAL.—Section 212(a)(6) (8 U.S.C.
1182(a)(6)) is amended—
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(1) in subparagraph (A)—
(A) by striking ‘‘one year’’ and inserting
‘‘five years’’; and
(B) by inserting ‘‘, or within 20 years of the
date of any second or subsequent deportation,’’
after ‘‘deportation’’;
(2) in subparagraph (B)—
(A) by redesignating clauses (ii), (iii), and
(iv) as clauses (iii), (iv), and (v), respectively;
(B) by inserting after clause (i) the follow-
ing new clause;
‘‘(ii) has departed the United States
while an order of deportation is outstand-
ing,’’;
(C) by striking ‘‘or’’ after ‘‘removal,’’; and
(D) by inserting ‘‘or (c) who seeks admis-
sion within 20 years of a second or subsequent
deportation or removal,’’ after ‘‘felony,’’.
(b) 
REENTRY
OF
DEPORTED
ALIEN.—Section
276(a)(1) (8 U.S.C. 1326(a)(1)) is amended to read as fol-
lows:
‘‘(1) has been arrested and deported, has been ex-
cluded and deported, or has departed the United
States while an order of exclusion or deportation is
outstanding, and thereafter’’.
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SEC. 157. ELIMINATION OF CONSULATE SHOPPING FOR
VISA OVERSTAYS.
(a) IN GENERAL.—Section 222 (8 U.S.C. 1202) is
amended by adding at the end the following new subsection:
‘‘(g)(1) In the case of an alien who has entered and
remained in the United States beyond the authorized period
of stay, the alien’s nonimmigrant visa shall thereafter be
invalid for reentry into the United States.
‘‘(2) An alien described in paragraph (1) shall be ineli-
gible to be readmitted to the United States as a non-
immigrant subsequent to the expiration of the alien’s au-
thorized period of stay, except—
‘‘(A) on the basis of a visa issued in a consular
office located in the country of the alien’s nationality
(or, if there is no office in such country, in such other
consular office as the Secretary of State shall specify);
or
‘‘(B) where extraordinary circumstances are
found by the Secretary of State to exist.’’.
(b) EFFECTIVE DATE.—The amendment made by this
section shall apply to visas issued before, on, or after the
date of the enactment of this Act.
SEC. 158. INCITEMENT AS A BASIS FOR EXCLUSION FROM
THE UNITED STATES.
Section 212(a)(3)(B) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(a)(3)(B)), is amended—
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(1) by striking ‘‘or’’ at the end of clause (i)(I);
(2) in clause (i)(II), by inserting ‘‘or’’ at the
end; and
(3) by inserting after clause (i)(II) the following
new subclause:
‘‘(III) has, under circumstances
indicating an intention to cause death
or serious bodily harm, incited terror-
ism, engaged in targeted racial vili-
fication, or advocated the overthrow of
the United States Government or death
or serious bodily harm to any United
States citizen or United States Govern-
ment official,’’.
SEC. 159. CONFORMING AMENDMENT TO WITHHOLDING OF
DEPORTATION.
Section 243(h) (8 U.S.C. 1253(h)) is amended by add-
ing at the end the following new paragraph:
‘‘(3) The Attorney General may refrain from de-
porting any alien if the Attorney General determines
that—
‘‘(A) such alien’s life or freedom would be
threatened, in the country to which such alien
would be deported or returned, on account of
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race, religion, nationality, membership in a par-
ticular social group, or political opinion, and
‘‘(B) deporting such alien would violate the
1967 United Nations Protocol relating to the
Status of Refugees.’’.
PART 5—CRIMINAL ALIENS
SEC. 161. AMENDED DEFINITION OF AGGRAVATED FELONY.
(a) IN
GENERAL.—Section 101(a)(43) (8 U.S.C.
1101(a)(43)) is amended—
(1) in subparagraph (D), by striking ‘‘$100,000’’
and inserting ‘‘$10,000’’;
(2) in subparagraphs (F), (G), and (O), by strik-
ing ‘‘is at least 5 years’’ each place it appears and
inserting ‘‘at least one year’’;
(3) in subparagraph (J)—
(A) by striking ‘‘sentence of 5 years’ impris-
onment’’ and inserting ‘‘sentence of one year im-
prisonment’’; and
(B) by striking ‘‘offense described’’ and in-
serting ‘‘offense described in section 1084 of title
18 (if it is a second or subsequent offense), sec-
tion 1955 of such title (relating to gambling of-
fenses), or’’;
(4) in subparagraph (K)—
(A) by striking ‘‘or’’ at the end of clause (i);
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(B) by adding ‘‘or’’ at the end of clause (ii);
and
(C) by adding at the end the following new
clause:
‘‘(iii) is described in section 2421,
2422, or 2423 of title 18, United States
Code (relating to transportation for the pur-
pose of prostitution), if committed for com-
mercial advantage.’’;
(5) in subparagraph (L)—
(A) by striking ‘‘or’’ at the end of clause (i);
(B) by inserting ‘‘or’’ at the end of clause
(ii); and
(C) by adding at the end the following new
clause:
‘‘(iii) section 601 of the National Secu-
rity Act of 1947 (relating to protecting the
identity of undercover agents)’’;
(6) in subparagraph (M), by striking ‘‘$200,000’’
each place it appears and inserting ‘‘$10,000’’;
(7) in subparagraph (N)—
(A) by striking ‘‘of title 18, United States
Code’’; and
(B) by striking ‘‘for the purpose of commer-
cial advantage’’ and inserting the following: ‘‘,
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except, for a first offense, if the alien has affirm-
atively shown that the alien committed the of-
fense for the purpose of assisting, abetting, or
aiding only the alien’s spouse, child, or parent
(and no other individual) to violate a provision
of this Act’’;
(8) in subparagraph (O), by striking ‘‘which
constitutes’’ and all that follows up to the semicolon
at the end and inserting the following: ‘‘, except, for
a first offense, if the alien has affirmatively shown
that the alien committed the offense for the purpose
of assisting, abetting, or aiding only the alien’s
spouse, child, or parent (and no other individual) to
violate a provision of this Act’’;
(9) by redesignating subparagraphs (P) and (Q)
as subparagraphs (R) and (S), respectively;
(10) by inserting after subparagraph (O) the fol-
lowing new subparagraphs:
‘‘(P) any offense relating to commercial
bribery, counterfeiting, forgery, or trafficking in
vehicles whose identification numbers have been
altered for which the term of imprisonment im-
posed (regardless of any suspension of imprison-
ment) is at least one year;
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‘‘(Q) any offense relating to perjury or sub-
ornation of perjury for which the term of impris-
onment imposed (regardless of any suspension of
imprisonment) is at least one year;’’ and
(11) in subparagraph (R) (as redesignated), by
striking ‘‘15’’ and inserting ‘‘5’’.
(b) EFFECTIVE
DATE
OF
DEFINITION.—Section
101(a)(43) (8 U.S.C. 1101(a)(43)) is amended by adding
at the end the following new sentence: ‘‘Notwithstanding
any other provision of law, the term applies regardless of
whether the conviction was entered before, on, or after the
date of enactment of this paragraph, except that, for pur-
poses of section 242(f)(2), the term has the same meaning
as was in effect under this paragraph on the date the offense
was committed.’’.
(c) APPLICATION
TO WITHHOLDING
OF DEPORTA-
TION.—Section 243(h) (8 U.S.C. 1253(h)), as amended by
section 159 of this Act, is further amended in paragraph
(2) by striking the last sentence and inserting the following:
‘‘For purposes of subparagraph (B), an alien shall be con-
sidered to have committed a particularly serious crime if
such alien has been convicted of one or more of the follow-
ing:
‘‘(1) An aggravated felony, or attempt or con-
spiracy to commit an aggravated felony, for which the
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term of imprisonment imposed (regardless of any sus-
pension of imprisonment) is at least one year.
‘‘(2) An offense described in subparagraph (A),
(B), (C), (E), (H), (I), (J), (L), or subparagraph
(K)(ii), of section 101(a)(43), or an attempt or con-
spiracy to commit an offense described in one or more
of such subparagraphs.’’.
SEC. 162. INELIGIBILITY OF AGGRAVATED FELONS FOR AD-
JUSTMENT OF STATUS.
Section 244(c) (8 U.S.C. 1254(c)), as amended by sec-
tion 150 of this Act, is further amended by adding at the
end the following new sentence: ‘‘No person who has been
convicted of an aggravated felony shall be eligible for relief
under this subsection.’’.
SEC. 163. EXPEDITIOUS DEPORTATION CREATES NO EN-
FORCEABLE RIGHT FOR AGGRAVATED FEL-
ONS.
Section 225 of the Immigration and Nationality Tech-
nical Corrections Act of 1994 (Public Law 103–416) is
amended by striking ‘‘section 242(i) of the Immigration
and Nationality Act (8 U.S.C. 1252(i))’’ and inserting ‘‘sec-
tions 242(i) or 242A of the Immigration and Nationality
Act (8 U.S.C. 1252(i) or 1252a)’’.
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SEC. 164. CUSTODY OF ALIENS CONVICTED OF AGGRA-
VATED FELONIES.
(a) EXCLUSION AND DEPORTATION.—Section 236 (8
U.S.C. 1226) is amended in subsection (e)(2) by inserting
after ‘‘unless’’ the following: ‘‘(A) the Attorney General de-
termines, pursuant to section 3521 of title 18, United States
Code, that release from custody is necessary to provide pro-
tection to a witness, a potential witness, a person cooperat-
ing with an investigation into major criminal activity, or
an immediate family member or close associate of a witness,
potential witness, or person cooperating with such an inves-
tigation, and that after such release the alien would not
be a threat to the community, or (B)’’.
(b) CUSTODY
UPON
RELEASE
FROM
INCARCER-
ATION.—Section 242(a)(2) (8 U.S.C. 1252(a)(2)) is amend-
ed to read as follows:
‘‘(2)(A) The Attorney General shall take into custody
any specially deportable criminal alien upon release of the
alien from incarceration and shall deport the alien as expe-
ditiously as possible. Notwithstanding any other provision
of law, the Attorney General shall not release such felon
from custody.
‘‘(B) The Attorney General shall have sole and
unreviewable discretion to waive subparagraph (A) for
aliens who are cooperating with law enforcement authori-
ties or for purposes of national security.’’.
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(c) PERIOD IN WHICH TO EFFECT ALIEN’S DEPAR-
TURE.—Section 242(c) is amended—
(1) in the first sentence—
(A) by striking ‘‘(c)’’ and inserting ‘‘(c)(1)’’;
and
(B) by inserting ‘‘(other than an alien de-
scribed in paragraph (2))’’; and
(2) by adding at the end the following new para-
graphs:
‘‘(2)(A) When a final order of deportation is made
against any specially deportable criminal alien, the Attor-
ney General shall have a period of 30 days from the later
of—
‘‘(i) the date of such order, or
‘‘(ii) the alien’s release from incarceration,
within which to effect the alien’s departure from the United
States.
‘‘(B) The Attorney General shall have sole and
unreviewable discretion to waive subparagraph (A) for
aliens who are cooperating with law enforcement authori-
ties or for purposes of national security.
‘‘(3) Nothing in this subsection shall be construed as
providing a right enforceable by or on behalf of any alien
to be released from custody or to challenge the alien’s depor-
tation.’’.
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(d) CRIMINAL PENALTY FOR UNLAWFUL REENTRY.—
Section 242(f) of the Immigration and Nationality Act (8
U.S.C. 1252(f)) is amended—
(1) by inserting ‘‘(1)’’ immediately after ‘‘(f)’’;
and
(2) by adding at the end the following new para-
graph:
‘‘(2) Any alien who has unlawfully reentered or is
found in the United States after having previously been de-
ported subsequent to a conviction for any criminal offense
covered in section 241(a)(2) (A)(iii), (B), (C), or (D), or
two or more offenses described in clause (ii) of section
241(a)(2)(A), at least two of which resulted in a sentence
or confinement described in section 241(a)(2)(A)(i)(II),
shall, in addition to the punishment provided for any other
crime, be punished by imprisonment of not less than 15
years.’’.
(e) DEFINITION.—Section 242 (8 U.S.C. 1252) is
amended by adding at the end the following new subsection:
‘‘(k) For purposes of this section, the term ‘specially
deportable criminal alien’ means any alien convicted of an
offense described in subparagraph (A)(iii), (B), (C), or (D)
of section 241(a)(2), or two or more offenses described in
section 241(a)(2)(A)(ii), at least two of which resulted in
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a 
sentence 
or 
confinement 
described 
in 
section
241(a)(2)(A)(i)(II).’’.
SEC. 165. JUDICIAL DEPORTATION.
(a) IN GENERAL.—Section 242A (8 U.S.C. 1252a(d))
is amended—
(1) by redesignating subsection (d) as subsection
(c); and
(2) in subsection (c), as redesignated—
(A) by striking paragraph (1) and inserting
the following:
‘‘(1) 
AUTHORITY.—Notwithstanding 
any
other provision of this Act, a United States dis-
trict court shall have jurisdiction to enter a judi-
cial order of deportation at the time of sentenc-
ing against an alien—
‘‘(A) whose criminal conviction causes
such alien to be deportable under section
241(a)(2)(A)(iii) (relating to conviction of
an aggravated felony);
‘‘(B) who has at any time been con-
victed of a violation of section 276 (a) or
(b) (relating to reentry of a deported alien);
‘‘(C) who has at any time been con-
victed of a violation of section 275 (relating
to entry of an alien at an improper time or
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place and to misrepresentation and conceal-
ment of facts); or
‘‘(D) who is otherwise deportable pur-
suant to any of the paragraphs (1) through
(5) of section 241(a).
A United States Magistrate shall have jurisdic-
tion to enter a judicial order of deportation at
the time of sentencing where the alien has been
convicted of a misdemeanor offense and the alien
is deportable under this Act.’’; and
(B) by adding at the end the following new
paragraphs:
‘‘(5) STATE
COURT
FINDING
OF
DEPORTABIL-
ITY.—(A) On motion of the prosecution or on the
court’s own motion, any State court with jurisdiction
to enter judgments in criminal cases is authorized to
make a finding that the defendant is deportable as a
specially deportable criminal alien (as defined in sec-
tion 242(k)).
‘‘(B) The finding of deportability under subpara-
graph (A), when incorporated in a final judgment of
conviction, shall for all purposes be conclusive on the
alien and may not be reexamined by any agency or
court, whether by habeas corpus or otherwise. The
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court shall notify the Attorney General of any finding
of deportability.
‘‘(6) STIPULATED JUDICIAL ORDER OF DEPORTA-
TION.—The United States Attorney, with the concur-
rence of the Commissioner, may, pursuant to Federal
Rule of Criminal Procedure 11, enter into a plea
agreement which calls for the alien, who is deportable
under this Act, to waive the right to notice and a
hearing under this section, and stipulate to the entry
of a judicial order of deportation from the United
States as a condition of the plea agreement or as a
condition of probation or supervised release, or both.
The United States District Court, in both felony and
misdemeanor cases, and the United States Magistrate
Court in misdemeanors cases, may accept such a stip-
ulation and shall have jurisdiction to enter a judicial
order of deportation pursuant to the terms of such
stipulation.’’.
(b) CONFORMING AMENDMENTS.—(1) Section 512 of
the Immigration Act of 1990 is amended by striking
‘‘242A(d)’’ and inserting ‘‘242A(c)’’.
(2) Section 130007(a) of the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103-322)
is amended by striking ‘‘242A(d)’’ and inserting ‘‘242A(c)’’.
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lated order shall constitute a conclusive determination of
the alien’s deportability from the United States.
‘‘(3) The procedures prescribed in this subsection and
in section 242A(c) shall be the sole and exclusive procedures
for determining the deportability of an alien.’’; and
(4) by redesignating the tenth sentence as para-
graph (4); and
(5) by redesignating the eleventh and twelfth sen-
tences as paragraph (5).
(c) CONFORMING AMENDMENTS.—(1) Section 106(a) is
amended by striking ‘‘section 242(b)’’ and inserting ‘‘sec-
tion 242(b)(1)’’.
(2) Section 212(a)(6)(B)(iv) is amended by striking
‘‘section 242(b)’’ and inserting ‘‘section 242(b)(1)’’.
(3) Section 242(a)(1) is amended by striking ‘‘sub-
section (b)’’ and inserting ‘‘subsection (b)(1)’’.
(4) Section 242A(b)(1) is amended by striking ‘‘section
242(b)’’ and inserting ‘‘section 242(b)(1)’’.
(5) Section 242A(c)(2)(D)(ii), as redesignated by sec-
tion 165 of this Act, is amended by striking ‘‘section
242(b)’’ and inserting ‘‘section 242(b)(1)’’.
(6) Section 4113(a) of title 18, United States Code,
is amended by striking ‘‘section 1252(b)’’ and inserting
‘‘section 1252(b)(1)’’.
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(7) Section 1821(e) of title 28, United States Code, is
amended by striking ‘‘section 242(b) of such Act (8 U.S.C.
1252(b))’’ and inserting ‘‘section 242(b)(1) of such Act (8
U.S.C. 1252(b)(1))’’.
(8) Section 242B(c)(1) is amended by striking ‘‘section
242(b)(1)’’ and inserting ‘‘section 242(b)(4)’’.
(9) Section 242B(e)(2)(A) is amended by striking ‘‘sec-
tion 242(b)(1)’’ and inserting ‘‘section 242(b)(4)’’.
(10) Section 242B(e)(5)(A) is amended by striking
‘‘section 242(b)(1)’’ and inserting ‘‘section 242(b)(4)’’.
SEC. 167. DEPORTATION AS A CONDITION OF PROBATION.
Section 3563(b) of title 18, United States Code, is
amended—
(1) by striking ‘‘or’’ at the end of paragraph
(21);
(2) by striking the period at the end of para-
graph (22) and inserting ‘‘; or’’; and
(3) by adding at the end the following new para-
graph:
‘‘(23) be ordered deported by a United States
District Court, or United States Magistrate Court,
pursuant to a stipulation entered into by the defend-
ant and the United States under section 242A(c) of
the Immigration and Nationality Act (8 U.S.C.
1252a(c)), except that, in the absence of a stipulation,
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the United States District Court or the United States
Magistrate Court, may order deportation as a condi-
tion of probation, if, after notice and hearing pursu-
ant to section 242A(c) of the Immigration and Na-
tionality Act, the Attorney General demonstrates by
clear and convincing evidence that the alien is deport-
able.’’.
SEC. 168. ANNUAL REPORT ON CRIMINAL ALIENS.
Not later than 12 months after the date of the enact-
ment of this Act, and annually thereafter, the Attorney Gen-
eral shall submit to the Committees on the Judiciary of the
House of Representatives and of the Senate a report detail-
ing—
(1) the number of illegal aliens incarcerated in
Federal and State prisons for having committed felo-
nies, stating the number incarcerated for each type of
offense;
(2) the number of illegal aliens convicted for felo-
nies in any Federal or State court, but not sentenced
to incarceration, in the year before the report was
submitted, stating the number convicted for each type
of offense;
(3) programs and plans underway in the De-
partment of Justice to ensure the prompt removal
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from the United States of criminal aliens subject to
exclusion or deportation; and
(4) methods for identifying and preventing the
unlawful reentry of aliens who have been convicted of
criminal offenses in the United States and removed
from the United States.
SEC. 169. UNDERCOVER INVESTIGATION AUTHORITY.
(a) AUTHORITIES.—(1) In order to conduct any un-
dercover investigative operation of the Immigration and
Naturalization Service which is necessary for the detection
and prosecution of crimes against the United States, the
Service is authorized—
(A) to lease space within the United States, the
District of Columbia, and the territories and posses-
sions of the United States without regard to section
3679(a) of the Revised Statutes (31 U.S.C. 1341), sec-
tion 3732(a) of the Revised Statutes (41 U.S.C.
11(a)), section 305 of the Act of June 30, 1949 (63
Stat. 396; 41 U.S.C. 255), the third undesignated
paragraph under the heading ‘‘Miscellaneous’’ of the
Act of March 3, 1877 (19 Stat. 370; 40 U.S.C. 34),
section 3648 of the Revised Statutes (31 U.S.C. 3324),
section 3741 of the Revised Statutes (41 U.S.C. 22),
and subsections (a) and (c) of section 304 of the Fed-
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eral Property and Administrative Services Act of
1949 (63 Stat. 395; 41 U.S.C. 254 (a) and (c));
(B) to establish or to acquire proprietary cor-
porations or business entities as part of an under-
cover operation, and to operate such corporations or
business entities on a commercial basis, without re-
gard to the provisions of section 304 of the Govern-
ment Corporation Control Act (31 U.S.C. 9102);
(C) to deposit funds, including the proceeds from
such undercover operation, in banks or other finan-
cial institutions without regard to the provisions of
section 648 of title 18 of the United States Code, and
section 3639 of the Revised Statutes (31 U.S.C. 3302);
and
(D) to use the proceeds from such undercover op-
erations to offset necessary and reasonable expenses
incurred in such operations without regard to the
provisions of section 3617 of the Revised Statutes (31
U.S.C. 3302).
(2) The authorization set forth in paragraph (1) may
be exercised only upon written certification of the Commis-
sioner of the Immigration and Naturalization Service, in
consultation with the Deputy Attorney General, that any
action authorized by paragraph (1) (A), (B), (C), or (D)
is necessary for the conduct of such undercover operation.