164
(b) VISA OVERSTAYS.—There are authorized to be 
appropriated such funds as may be necessary to enable 
the Secretary of Homeland Security to increase, above the 
number specified in section 101(a)(2) of the Enhanced 
Border Security and Visa Entry Reform Act of 2002 
(Public Law 107–173), the number of investigator and 
support personnel to investigate aliens who remain in the 
United States beyond the period of stay authorized under 
their visa by a number equivalent to—
(1) 250 full-time active-duty investigators in 
each of fiscal years 2004 through 2007; and 
(2) 100 full-time active-duty investigators in 
each of fiscal years 2008 through 2011. 
SEC. 522. EXPEDITED EXCLUSION. 
Section 235(b)(1)(A) (8 U.S.C. 1225(b)(1)(A)) is 
amended by striking clauses (i) through (iii) and inserting 
the following: 
‘‘(i) IN GENERAL.—If an immigration 
officer determines that an alien (other 
than an alien described in subparagraph 
(F)) who is arriving in the United States, 
or who has not been admitted or paroled 
into the United States and has not been 
physically present in the United States 
continuously for the 5-year period imme-
165
diately prior to the date of the determina-
tion of inadmissibility under this para-
graph, 
is 
inadmissible 
under 
section 
212(a)(6)(C) or 212(a)(7), the officer shall 
order the alien removed from the United 
States without further hearing or review, 
unless—
‘‘(I) the alien has been charged 
with a crime; or 
‘‘(II) the alien indicates an inten-
tion to apply for asylum under section 
208 or a fear of persecution and the 
officer determines that the alien has 
been physically present in the United 
States for less than 1 year. 
‘‘(ii) CLAIMS FOR ASYLUM.—If an im-
migration officer determines that an alien 
(other than an alien described in subpara-
graph (F)) who is arriving in the United 
States, or who has not been admitted or 
paroled into the United States and has not 
been physically present in the United 
States continuously for the 5-year period 
immediately prior to the date of the deter-
mination of inadmissibility under this
166
paragraph, is inadmissible under section 
212(a)(6)(C) or 212(a)(7), and the alien 
indicates either an intention to apply for 
asylum under section 208 or a fear of per-
secution, the officer shall refer the alien 
for an interview by an asylum officer under 
subparagraph (B) if the officer determines 
that the alien has been physically present 
in the United States for less than 1 year.’’. 
SEC. 523. ADJUSTMENT OF STATUS FOR CERTAIN ALIENS. 
(a) INELIGIBILITY FOR ADJUSTMENT OF STATUS.—
Section 245(c) (8 U.S.C. 1255(c)) is amended by striking 
‘‘(other than an immediate relative as defined in section 
201(b) or a special immigrant described in section 
101(a)(27)(H), (I), (J), or (K))’’. 
(b) INAPPLICABILITY OF CERTAIN PROVISIONS FOR 
CERTAIN
IMMIGRANTS.—Section 
245(k) 
(8 
U.S.C. 
1255(k)) is amended to read as follows: 
‘‘(k) INAPPLICABILITY OF CERTAIN PROVISIONS FOR 
CERTAIN IMMIGRANTS.—An alien who is eligible to receive 
an immigrant visa under paragraph (1), (2), or (3) of sec-
tion 203(b), as an immediate relative as defined in section 
201(b), or, in the case of an alien who is an immigrant 
described in subparagraph (C), (H), (I), (J), or (K) of 
section 101(a)(27), under section 203(b)(4), may adjust
167
status pursuant to subsection (a) and notwithstanding 
paragraphs (2), (7), and (8) of subsection (c), if—
‘‘(1) the alien, on the date of filing an applica-
tion for adjustment of status, is present in the 
United States pursuant to a lawful admission; and
‘‘(2) the alien, subsequent to such lawful admis-
sion has not, for an aggregate period exceeding 180 
days—
‘‘(A) failed to maintain continuously a law-
ful status; 
‘‘(B) engaged in unauthorized employment; 
or 
‘‘(C) otherwise violated the terms and con-
ditions of the alien’s admission.’’. 
SEC. 524. TERMINATION OF CONTINUOUS PRESENCE FOR 
PURPOSES OF CANCELLATION OF REMOVAL 
UPON COMMISSION OF OFFENSE RENDERING 
ALIEN INADMISSIBLE OR DEPORTABLE. 
(a) IN GENERAL.—Section 240A(d)(1) (8 U.S.C. 
1229b(d)(1)) is amended by striking ‘‘referred to in sec-
tion 212(a)(2)’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to aliens who are in proceedings 
under the Immigration and Nationality Act on or after 
the date of the enactment of this Act if those proceedings
168
have not resulted in a final administrative order before 
such date. 
SEC. 525. REENTRY OF REMOVED ALIENS. 
(a) IN
GENERAL.—Section 276(a) (8 U.S.C. 
1326(a)) is amended to read as follows: 
‘‘SEC. 276. (a) Subject to subsection (b), any alien 
shall be fined under title 18, United States Code, or im-
prisoned not more than 2 years, or both, who—
‘‘(1) has been denied admission, excluded, de-
ported, or removed or has departed the United 
States while an order of exclusion, deportation, or 
removal is outstanding; and 
‘‘(2) thereafter enters, attempts to enter, or is 
at any time found in, the United States, 
unless, in the case of an alien previously denied admission 
and removed, the alien establishes that the alien was not 
required to obtain from the Secretary of Homeland Secu-
rity advance consent to reapply for admission under this 
Act or any prior Act.’’. 
(b) CRIMINAL PENALTIES FOR REENTRY OF CER-
TAIN
REMOVED
ALIENS.—Section 276(b) (8 U.S.C. 
1326(b)) is amended—
(1) in paragraph (3), by striking ‘‘sentence.’’ 
and inserting ‘‘sentence;’’; and
169
(2) in paragraph (4), by striking ‘‘(unless the 
Secretary of Homeland Security has expressly con-
sented to such alien’s reentry)’’. 
(c) REENTRY OF ALIENS REMOVED PRIOR TO COM-
PLETION OF IMPRISONMENT.—Section 276(c) (8 U.S.C. 
1326(c)) is amended—
(1) by inserting ‘‘(as in effect prior to the effec-
tive date of the amendments made by section 305 of 
the Illegal Immigration Reform and Immigrant Re-
sponsibility Act of 1996), or removed under section 
241(a)(4),’’ after ‘‘242(h)(2)’’;
(2) by striking ‘‘(unless the Secretary of Home-
land Security has expressly consented to such alien’s 
reentry)’’; 
(3) by inserting ‘‘or removal’’ after ‘‘time of de-
portation’’; and 
(4) by inserting ‘‘or removed’’ after ‘‘reentry of 
deported’’. 
(d) CHALLENGE TO VALIDITY OF ORDER.—Section 
276(d) (8 U.S.C. 1326(d)) is amended—
(1) in the matter preceding paragraph (1), by 
striking ‘‘deportation order’’ and inserting ‘‘deporta-
tion or removal order’’; and 
(2) in paragraph (2), by inserting ‘‘or removal’’ 
after ‘‘deportation’’.
170
(e) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act and shall apply to criminal proceedings involv-
ing aliens who enter, attempt to enter, or are found in 
the United States, after such date. 
SEC. 526. CRIMINAL AND CIVIL PENALTIES FOR ENTRY OF 
ALIENS 
AT 
IMPROPER 
TIME 
OR 
PLACE, 
AVOIDANCE OF EXAMINATION OR INSPEC-
TION, UNLAWFUL PRESENCE, AND MISREPRE-
SENTATION OR CONCEALMENT OF FACTS. 
Section 275 (8 U.S.C. 1325) is amended to read as 
follows: 
‘‘CRIMINAL AND CIVIL PENALTIES FOR ENTRY OF ALIENS 
AT IMPROPER TIME OR PLACE, AVOIDANCE OF EX-
AMINATION OR INSPECTION, UNLAWFUL PRESENCE, 
AND
MISREPRESENTATION
OR
CONCEALMENT
OF 
FACTS 
‘‘SEC. 275. (a) ENTRY
AT IMPROPER TIME
OR 
PLACE; AVOIDANCE OF EXAMINATION OR INSPECTION; 
UNLAWFUL PRESENCE; MISREPRESENTATION OR CON-
CEALMENT OF FACTS.—Any alien who—
‘‘(1) enters or attempts to enter the United 
States at any time or place other than as designated 
by immigration officers;
171
‘‘(2) eludes examination or inspection by immi-
gration officers; 
‘‘(3) is knowingly unlawfully present in the 
United States for an aggregate period of more than 
180 days; or 
‘‘(4) attempts to enter or obtains entry to the 
United States by a willfully false or misleading rep-
resentation or the willful concealment of a material 
fact, 
shall, for the first commission of any such offense, be fined 
under title 18, United States Code, or imprisoned not 
more than 2 years, or both, and, for a subsequent commis-
sion of any such offense, be fined under title 18, United 
States Code, or imprisoned not more than 10 years, or 
both. 
‘‘(b) IMPROPER
TIME
OR
PLACE; CIVIL
PEN-
ALTIES.—Any alien who is apprehended while entering (or 
attempting to enter) the United States at a time or place 
other than as designated by immigration officers shall be 
subject to a civil penalty of—
‘‘(1) at least $100 and not more than $10,000 
for each such entry (or attempted entry); or 
‘‘(2) three times the amount specified in para-
graph (1) in the case of an alien who has been pre-
172
viously subject to a civil penalty under this sub-
section. 
Civil penalties under this subsection are in addition to, 
and not in lieu of, any criminal or other civil penalties 
that may be imposed. 
‘‘(c) MARRIAGE FRAUD.—An individual who know-
ingly enters into a marriage for the purpose of evading 
any provision of the immigration laws shall be fined not 
more than $1,000,000, imprisoned not more than 15 
years, or both. 
‘‘(d) IMMIGRATION-RELATED ENTREPRENEURSHIP 
FRAUD.—Any individual who knowingly established a 
commercial enterprise for the purpose of evading any pro-
vision of the immigration laws shall be fined under title 
18, United States Code, or imprisoned not more than 15 
years, or both.’’. 
SEC. 527. COMMUNICATION BETWEEN GOVERNMENT AGEN-
CIES AND THE DEPARTMENT OF HOMELAND 
SECURITY. 
Section 642 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is 
amended by adding at the end the following: 
‘‘(d) ENFORCEMENT.—
‘‘(1) INELIGIBILITY
FOR
FEDERAL
LAW
EN-
FORCEMENT AID.—Upon a determination that any
173
person, or any Federal, State, or local government 
agency or entity, is in violation of subsection (a) or 
(b), the Attorney General shall not provide to that 
person, agency, or entity any grant amount pursuant 
to any law enforcement grant program carried out 
by any element of the Department of Justice, includ-
ing the program under section 241(i) of the Immi-
gration and Nationality Act (8 U.S.C. 241(i)), or
pursuant to any grant program authorized under 
title I of the Housing and Community Development 
Act of 1974 (42 U.S.C. 5301 et seq.), and shall en-
sure that no such grant amounts are provided, di-
rectly or indirectly, to such person, agency, or entity. 
In the case of grant amounts that otherwise would 
be provided to such person, agency, or entity pursu-
ant to a formula, such amounts shall be reallocated 
among eligible recipients. 
‘‘(2) VIOLATIONS
BY
GOVERNMENT
OFFI-
CIALS.—In any case in which a Federal, State, or 
local government official is in violation of subsection 
(a) or (b), the government agency or entity that em-
ploys (or, at the time of the violation, employed) the 
official shall be subject to the sanction under para-
graph (1).
174
‘‘(3) DURATION.—The sanction under para-
graph (1) shall remain in effect until the Secretary 
of Homeland Security determines that the person, 
agency, or entity has ceased violating subsections (a) 
and (b).’’. 
SEC. 528. EXCEPTION TO REMOVAL FOR CERTAIN ALIENS. 
(a)(1) Section 214(o) (8 U.S.C. 1184(o)) (as redesig-
nated by section 204 of this Act) is amended by adding 
at the end the following new paragraph: 
‘‘(4) No alien shall be eligible for admission to the 
United States under section 101(a)(15)(T) if there is a 
substantial reason to believe that the alien voluntarily 
came to the United States, except that if the alien is or 
has been a victim of a severe form of trafficking in the 
form of sex trafficking, the alien shall be eligible for ad-
mission under such section unless the alien knew or rea-
sonably should have known when coming to the United 
States that the alien would be expected to perform com-
mercial sex acts.’’.
(2) Section 245(l) (8 U.S.C. 1255(l)), as added by 
section 107(f) of Public Law 106–386, is amended—
(A) in paragraph (1)(C)(i), by striking ‘‘or’’ at 
the end and inserting ‘‘and’’; 
(B) by redesignating—