(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 insert-
ing the following: ‘‘The burden shall be upon the pe-
titioner to show that the Secretary’s denial of the 
application was not supported by facially legitimate 
and bona fide reasons. Except in a proceeding under 
section 340, notwithstanding any other provision of 
law (statutory or nonstatutory), including section 
2241 of title 28, United States Code, or any other 
habeas corpus 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 application for naturalization, an 
alien is a person of good moral character, whether 
the alien understands and is attached to the prin-
ciples of the Constitution of the United States, or 
whether an alien is well disposed to the good order 
and happiness of the United States.’’. 
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(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 immi-
gration 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 fol-
lowing: 
‘‘(f)(1) If a person who has been naturalized partici-
pates in any act described in paragraph (2), the Attorney 
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 
citizenship and cancel the certificate of naturalization as 
having been obtained by concealment of a material fact 
or by willful misrepresentation, and such revocation and 
setting aside of the order admitting such person to citizen-
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ship and such canceling of certificate of naturalization 
shall be effective as of the original date of the order and 
certificate, respectively. 
‘‘(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 Gov-
ernment of the United States by force, violence, or 
other unlawful means. 
‘‘(B) Engaging in a terrorist activity (as de-
fined 
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. 
‘‘(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 
organization 
(as 
defined 
in 
section 
212(a)(3)(B)(vi)).’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to acts that occur on 
or after such date. 
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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 
Homeland 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.— 
‘‘(i) CENSUS
PURPOSE.—The Sec-
retary of Homeland Security may provide, 
in his discretion, for the furnishing of in-
formation furnished under this section in 
the same manner and circumstances as 
census information may be disclosed under 
section 8 of title 13, United States Code. 
‘‘(ii) 
NATIONAL
SECURITY
PUR-
POSE.—The Secretary of Homeland Secu-
rity may provide, in his discretion, for the 
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furnishing, use, publication, or release of 
information furnished under this section in 
any investigation, case, or matter, or for 
any purpose, relating to terrorism, national 
intelligence 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 
Homeland Security’’; 
(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 Sec-
retary of Homeland Security may provide, 
in his discretion, for the furnishing of in-
formation furnished under this section in 
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the same manner and circumstances as 
census information may be disclosed under 
section 8 of title 13, United States Code. 
‘‘(ii) 
NATIONAL
SECURITY
PUR-
POSE.—The Secretary of Homeland Secu-
rity may provide, in his discretion, for the 
furnishing, use, publication, or release of 
information furnished under this section in 
any investigation, case, or matter, or for 
any purpose, relating to terrorism, national 
intelligence or the national security.’’; and 
(4) in subparagraph (D)(i), striking ‘‘Service’’ 
and inserting ‘‘Department of Homeland Security’’. 
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 
(statutory 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— 
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‘‘(1) grant, or order the grant of or adjudica-
tion of an application for adjustment of status to 
that of an alien lawfully admitted for permanent res-
idence; 
‘‘(2) grant, or order the grant of or adjudica-
tion of an application for United States citizenship 
or any other status, relief, protection from removal, 
employment authorization, or other benefit under 
the immigration laws; 
‘‘(3) grant, or order the grant of or adjudica-
tion 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 
Secretary may in his discretion require have been 
completed or updated to the satisfaction of the Sec-
retary. 
‘‘(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 adjudica-
tion of an application for adjustment of status to 
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that of an alien lawfully admitted for permanent res-
idence, 
‘‘(2) grant, or order the grant of or adjudica-
tion of an application for United States citizenship 
or any other status, relief, protection from removal, 
employment authorization, or other benefit under 
the immigration laws, 
‘‘(3) grant, or order the grant of or adjudica-
tion 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, coun-
terfeiting, or alteration, or falsification of a docu-
ment, as determined by the Secretary, relating to 
the adjudication of an application or petition for any 
status (including the granting of adjustment of sta-
tus), relief, protection from removal, or other benefit 
under this subsection has been investigated and re-
solved 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 
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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 cer-
tain 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 ap-
plication, approve any petition, or grant or continue any 
relief, protection from removal, employment authorization, 
or any other status or benefit under the immigration laws 
by, to, or on behalf of— 
‘‘(1) any alien deemed by the Secretary to be 
described 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 
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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
ADJUDICA-
TION.—An official described in subsection (a) may, in the 
discretion of the official, deny (with respect to an alien 
described in paragraph (1) or (2) of subsection (a)) or 
withhold adjudication of pending resolution of the inves-
tigation or case (with respect to an alien described in sub-
section (a)(2) of this section) any application, petition, re-
lief, 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 re-
view a decision to deny or withhold adjudication pursuant 
to subsection (b) of this section. 
‘‘(d) WITHHOLDING
OF REMOVAL
AND TORTURE 
CONVENTION.—This section does not limit or modify the 
applicability of section 241(b)(3) or the United Nations 
Convention Against Torture and Other Cruel, Inhuman or 
Degrading Treatment or Punishment, subject to any res-
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ervations, understandings, declarations and provisos con-
tained in the United States Senate resolution of ratifica-
tion of the Convention, as implemented by section 2242 
of the Foreign Affairs Reform and Restructuring Act of 
1998 (Public Law 105–277) with respect to an alien oth-
erwise eligible for protection 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 
benefits 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 
striking ‘‘the Secretary, in conjunction with the Secretary 
of 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-
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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 
imprisonment 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 en-
hancements and regardless of whether the conviction 
was entered before, on, or after September 30, 1996, 
and means—’’; 
(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 
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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 estab-
lishes that the conduct for which the alien was en-
gaged constitutes 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 
paragraph’’ and inserting ‘‘section 275 or 276 for 
which the term of imprisonment is at least 1 year’’; 
(7) in subparagraph (U), by striking ‘‘an at-
tempt or conspiracy to commit an offense described 
in this paragraph’’ and inserting ‘‘attempting or 
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conspiring to commit an offense described in this 
paragraph, or aiding, abetting, counseling, pro-
curing, commanding, inducing, or soliciting the com-
mission of such an offense’’; and 
(8) by striking the undesignated matter fol-
lowing subparagraph (U). 
(b) EFFECTIVE DATE; APPLICATION
OF AMEND-
MENTS.— 
(1) IN GENERAL.—The amendments made by 
subsection (a)— 
(A) shall take effect on the date of the en-
actment of this Act; and 
(B) shall apply to any act or conviction 
that occurred before, on, or after such date. 
(2) APPLICATION
OF
IIRIRA
AMENDMENTS.— 
The amendments to section 101(a)(43) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(43)) 
made by section 321 of the Illegal Immigration Re-
form and Immigrant Responsibility Act of 1996 (di-
vision C of Public Law 104–208; 110 Stat. 3009– 
627) shall continue to apply, whether the conviction 
was entered before, on, or after September 30, 1996. 
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SEC. 302. PRECLUDING ADMISSIBILITY OF ALIENS CON-
VICTED 
OF 
AGGRAVATED 
FELONIES 
OR 
OTHER SERIOUS OFFENSES. 
(a) INADMISSIBILITY ON CRIMINAL AND RELATED 
GROUNDS; WAIVERS.—Section 212 of the Immigration 
and Nationality Act (8 U.S.C. 1182) is amended— 
(1) in subsection (a)(2)(A)(i)— 
(A) in subclause (I), by striking ‘‘or’’ at 
the end; 
(B) in subclause (II), by adding ‘‘or’’ at 
the end; and 
(C) by inserting after subclause (II) the 
following: 
‘‘(III) a violation of (or a con-
spiracy or attempt to violate) an of-
fense described in section 408 of title 
42, United States Code (relating to 
social security account numbers or so-
cial security cards) or section 1028 of 
title 18, United States Code (relating 
to fraud and related activity in con-
nection with identification documents, 
authentication features, and informa-
tion),’’; 
(2) by adding at the end of subsection (a)(2) 
the following: 
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‘‘(J) PROCUREMENT OF CITIZENSHIP OR 
NATURALIZATION
UNLAWFULLY.—Any 
alien 
convicted of, or who admits having committed, 
or who admits committing acts which constitute 
the essential elements of, a violation of, or an 
attempt or a conspiracy to violate, subsection 
(a) or (b) of section 1425 of title 18, United 
States Code (relating to the procurement of 
citizenship or naturalization unlawfully) is inad-
missible. 
‘‘(K) CERTAIN FIREARM OFFENSES.—Any 
alien who at any time has been convicted under 
any law of, or who admits having committed or 
admits committing acts which constitute the es-
sential elements of, purchasing, selling, offering 
for sale, exchanging, using, owning, possessing, 
or carrying, or of attempting or conspiring to 
purchase, sell, offer for sale, exchange, use, 
own, possess, or carry, any weapon, part, or ac-
cessory which is a firearm or destructive device 
(as defined in section 921(a) of title 18, United 
States Code) in violation of any law is inadmis-
sible. 
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‘‘(L) AGGRAVATED
FELONS.—Any alien 
who has been convicted of an aggravated felony 
at any time is inadmissible. 
‘‘(M) CRIMES
OF
DOMESTIC
VIOLENCE, 
STALKING, OR VIOLATION OF PROTECTION OR-
DERS, CRIMES AGAINST CHILDREN.— 
‘‘(i) DOMESTIC VIOLENCE, STALKING, 
AND CHILD ABUSE.—Any alien who at any 
time is convicted of, or who admits having 
committed or admits committing acts 
which constitute the essential elements of, 
a crime of domestic violence, a crime of 
stalking, or a crime of child abuse, child 
neglect, or child abandonment is inadmis-
sible. For purposes of this clause, the term 
‘crime of domestic violence’ means any 
crime of violence (as defined in section 16 
of title 18, United States Code) against a 
person committed by a current or former 
spouse of the person, by an individual with 
whom the person shares a child in com-
mon, by an individual who is cohabiting 
with or has cohabited with the person as a 
spouse, by an individual similarly situated 
to a spouse of the person under the domes-
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tic or family violence laws of the jurisdic-
tion where the offense occurs, or by any 
other individual against a person who is 
protected from that individual’s acts under 
the domestic or family violence laws of the 
United States or any State, Indian tribal 
government, or unit of local or foreign gov-
ernment. 
‘‘(ii) VIOLATORS OF PROTECTION OR-
DERS.—Any alien who at any time is en-
joined under a protection order issued by 
a court and whom the court determines 
has engaged in conduct that violates the 
portion of a protection order that involves 
protection against credible threats of vio-
lence, repeated harassment, or bodily in-
jury to the person or persons for whom the 
protection order was issued is inadmissible. 
For purposes of this clause, the term ‘pro-
tection order’ means any injunction issued 
for the purpose of preventing violent or 
threatening acts of domestic violence, in-
cluding temporary or final orders issued by 
civil or criminal courts (other than support 
or child custody orders or provisions) 
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whether obtained by filing an independent 
action or as a independent order in an-
other proceeding. 
‘‘(iii) 
WAIVER
AUTHORIZED.—The 
waiver authority available under section 
237(a)(7) 
with 
respect 
to 
section 
237(a)(2)(E)(i) shall be available on a 
comparable basis with respect to this sub-
paragraph. 
‘‘(iv) CLARIFICATION.—If the convic-
tion records do not conclusively establish 
whether a crime of domestic violence con-
stitutes a crime of violence (as defined in 
section 16 of title 18, United States Code), 
the Attorney General may consider other 
evidence related to the conviction that 
clearly establishes that the conduct for 
which the alien was engaged constitutes a 
crime of violence.’’; and 
(3) in subsection (h)— 
(A) by striking ‘‘The Attorney General 
may, in his discretion, waive the application of 
subparagraphs (A)(i)(I), (B), (D), and (E) of 
subsection (a)(2)’’ and inserting ‘‘The Attorney 
General or the Secretary of Homeland Security 
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may, in the discretion of the Attorney General 
or the Secretary, waive the application of sub-
paragraphs (A)(i)(I), (III), (B), (D), (E), (K), 
and (M) of subsection (a)(2)’’; 
(B) by striking ‘‘a criminal act involving 
torture.’’ and inserting ‘‘a criminal act involving 
torture, or has been convicted of an aggravated 
felony.’’; 
(C) by striking ‘‘if either since the date of 
such admission the alien has been convicted of 
an aggravated felony or the alien’’ and inserting 
‘‘if since the date of such admission the alien’’; 
and 
(D) by inserting ‘‘or Secretary of Home-
land Security’’ after ‘‘the Attorney General’’ 
each place it appears. 
(b) DEPORTABILITY; CRIMINAL OFFENSES.—Section 
237(a)(3)(B) of the Immigration and Nationality Act (8 
U.S.C. 1227(a)(3)(B)) is amended— 
(1) in clause (ii), by striking ‘‘or’’ at the end; 
(2) in clause (iii), by inserting ‘‘or’’ at the end; 
and 
(3) by inserting after clause (iii) the following: 
‘‘(iv) of a violation of, or an attempt 
or a conspiracy to violate, section 1425(a) 
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or (b) of title 18 (relating to the procure-
ment of citizenship or naturalization un-
lawfully),’’. 
(c) DEPORTABILITY; OTHER CRIMINAL OFFENSES.— 
Section 237(a)(2) of the Immigration and Nationality Act 
(8 U.S.C. 1227(a)(2)) is amended by adding at the end 
the following: 
‘‘(G) FRAUD AND RELATED ACTIVITY AS-
SOCIATED WITH SOCIAL SECURITY ACT BENE-
FITS AND IDENTIFICATION DOCUMENTS.—Any 
alien who at any time after admission has been 
convicted of a violation of (or a conspiracy or 
attempt to violate) section 208 of the Social Se-
curity Act (42 U.S.C. 408) (relating to social 
security account numbers or social security 
cards) or section 1028 of title 18, United States 
Code (relating to fraud and related activity in 
connection with identification) is deportable.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply— 
(1) to any act that occurred before, on, or after 
the date of the enactment of this Act; and 
(2) to all aliens who are required to establish 
admissibility on or after such date, and in all re-
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moval, deportation, or exclusion proceedings that are 
filed, pending, or reopened, on or after such date. 
(e) CONSTRUCTION.—The amendments made by sub-
section (a) shall not be construed to create eligibility for 
relief from removal under former section 212(c) of the Im-
migration and Nationality Act where such eligibility did 
not exist before these amendments became effective. 
SEC. 303. ESPIONAGE CLARIFICATION. 
Section 212(a)(3)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(a)(3)(A)), is amended to read 
as follows: 
‘‘(A) IN GENERAL.—Any alien who a con-
sular officer, the Attorney General, or the Sec-
retary of Homeland Security knows, or has rea-
sonable ground to believe, seeks to enter the 
United States to engage solely, principally, or 
incidentally in, or who is engaged in, or with re-
spect to clauses (i) and (iii) of this subpara-
graph has engaged in— 
‘‘(i) any activity— 
‘‘(I) to violate any law of the 
United States relating to espionage or 
sabotage; or 
‘‘(II) to violate or evade any law 
prohibiting 
the 
export 
from 
the 
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ing ‘‘NOT LAWFULLY ADMITTED FOR PERMA-
NENT RESIDENCE.—’’; 
(B) in paragraph (1), by amending sub-
paragraph (B) to read as follows: 
‘‘(B) the term ‘lawfully admitted for per-
manent residence’ has the same meaning as in 
section 101(a)(20) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(20)).’’; 
(C) in paragraph (2), by striking ‘‘under a 
nonimmigrant visa’’ and inserting ‘‘but not law-
fully admitted for permanent residence’’; and 
(D) in paragraph (3)(A), by striking ‘‘ad-
mitted to the United States under a non-
immigrant visa’’ and inserting ‘‘lawfully admit-
ted to the United States but not as an alien 
lawfully admitted for permanent residence’’. 
SEC. 305. UNIFORM STATUTE OF LIMITATIONS FOR CER-
TAIN IMMIGRATION, NATURALIZATION, AND 
PEONAGE OFFENSES. 
Section 3291 of title 18, United States Code, is 
amended by striking ‘‘No person’’ and all that follows 
through the period at the end and inserting the following: 
‘‘No person shall be prosecuted, tried, or punished for a 
violation of any section of chapters 69 (relating to nation-
ality and citizenship offenses) and 75 (relating to pass-
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port, visa, and immigration offenses), or for a violation 
of any criminal provision of sections 243, 266, 274, 275, 
276, 277, or 278 of the Immigration and Nationality Act, 
or for an attempt or conspiracy to violate any such section, 
unless the indictment is returned or the information is 
filed within ten years after the commission of the of-
fense.’’. 
SEC. 306. CONFORMING AMENDMENT TO THE DEFINITION 
OF RACKETEERING ACTIVITY. 
Section 1961(1) of title 18, United States Code, is 
amended by striking ‘‘section 1542’’ through ‘‘section 
1546 (relating to fraud and misuse of visas, permits, and 
other documents)’’ and inserting ‘‘sections 1541–1548 (re-
lating to passports and visas)’’. 
SEC. 307. CONFORMING AMENDMENTS FOR THE AGGRA-
VATED FELONY DEFINITION. 
(a) IN GENERAL.—Subparagraph (P) of section 
101(a)(43) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(43)) is amended— 
(1) by striking ‘‘(i) which either is falsely mak-
ing, forging, counterfeiting, mutilating, or altering a 
passport or instrument in violation of section 1543 
of title 18, United States Code, or is described in 
section 1546(a) of such title (relating to document 
fraud) and (ii)’’ and inserting ‘‘which is described in 
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any section of chapter 75 of title 18, United States 
Code,’’; and 
(2) by inserting after ‘‘first offense’’ the fol-
lowing: ‘‘(i) that is not described in section 1548 of 
such title (relating to increased penalties), and (ii)’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to acts that occur before, 
on, or after the date of the enactment of this Act. 
SEC. 308. PRECLUDING REFUGEE OR ASYLEE ADJUSTMENT 
OF STATUS FOR AGGRAVATED FELONS. 
(a) IN GENERAL.—Section 209(c) of the Immigration 
and Nationality Act (8 U.S.C. 1159(c)) is amended by 
adding at the end thereof the following: ‘‘However, an 
alien who is convicted of an aggravated felony is not eligi-
ble for a waiver or for adjustment of status under this 
section.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply— 
(1) to any act that occurred before, on, or after 
the date of the enactment of this Act; and 
(2) to all aliens who are required to establish 
admissibility on or after such date, and in all re-
moval, deportation, or exclusion proceedings that are 
filed, pending, or reopened, on or after such date. 
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SEC. 309. PRECLUDING WITHHOLDING OF REMOVAL FOR 
AGGRAVATED FELONS. 
(a) IN GENERAL.—Section 241(b)(3)(B) (8 U.S.C. 
1231(b)(3)(B)), as amended by section 201, is further 
amended by inserting after clause (v), as inserted by sec-
tion 201, the following: 
‘‘(vi) the alien is convicted of an ag-
gravated felony.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply— 
(1) to any act that occurred before, on, or after 
the date of the enactment of this Act; and 
(2) to all aliens who are required to establish 
admissibility on or after such date, and in all re-
moval, deportation, or exclusion proceedings that are 
filed, pending, or reopened on or after such date. 
SEC. 310. INADMISSIBILITY, DEPORTABILITY, AND DETEN-
TION OF DRUNK DRIVERS. 
(a) IN GENERAL.—Section 101(a)(43) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(43)) (as 
amended by this Act) is further amended— 
(1) in subparagraph (T), by striking ‘‘and’’; 
(2) in subparagraph (U), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by inserting after subparagraph (U) the fol-
lowing: 
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‘‘(V) a second or subsequent conviction for 
driving while intoxicated (including a conviction 
for driving while under the influence of or im-
paired by alcohol or drugs) without regard to 
whether the conviction is classified as a mis-
demeanor or felony under State law.’’. 
(b) DETENTION.—Section 236(c)(1) of the Immigra-
tion and Nationality Act (8 U.S.C. 1226(c)(1)) is amend-
ed— 
(1) in subparagraph (C), by striking ‘‘or’’ at 
the end; 
(2) in subparagraph (D), by adding ‘‘or’’ at the 
end; and 
(3) by inserting after subparagraph (D) the fol-
lowing: 
‘‘(E) is unlawfully present in the United 
States and has been convicted one or multiple 
times for driving while intoxicated (including a 
conviction for driving while under the influence 
or impaired by alcohol or drugs) without regard 
to whether the conviction is classified as a mis-
demeanor or felony under State law,’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
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of this Act and apply to convictions entered on or after 
such date. 
SEC. 311. DETENTION OF DANGEROUS ALIENS. 
(a) IN GENERAL.—Section 241(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1231(a)) is amended— 
(1) by striking ‘‘Attorney General’’ each place 
it appears, except for the first reference in para-
graph (4)(B)(i), and inserting ‘‘Secretary of Home-
land Security’’; 
(2) in paragraph (1), by amending subpara-
graph (B) to read as follows: 
‘‘(B) BEGINNING
OF
PERIOD.—The re-
moval period begins on the latest of the fol-
lowing: 
‘‘(i) The date the order of removal be-
comes administratively final. 
‘‘(ii) If the alien is not in the custody 
of the Secretary on the date the order of 
removal becomes administratively final, the 
date the alien is taken into such custody. 
‘‘(iii) If the alien is detained or con-
fined (except under an immigration proc-
ess) on the date the order of removal be-
comes administratively final, the date the 
alien is taken into the custody of the Sec-
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retary, after the alien is released from such 
detention or confinement.’’; 
(3) in paragraph (1), by amending subpara-
graph (C) to read as follows: 
‘‘(C) SUSPENSION OF PERIOD.— 
‘‘(i) EXTENSION.—The removal period 
shall be extended beyond a period of 90 
days and the Secretary may, in the Sec-
retary’s sole discretion, keep the alien in 
detention during such extended period if— 
‘‘(I) the alien fails or refuses to 
make all reasonable efforts to comply 
with the removal order, or to fully co-
operate with the Secretary’s efforts to 
establish the alien’s identity and carry 
out the removal order, including mak-
ing timely application in good faith 
for travel or other documents nec-
essary to the alien’s departure or con-
spires or acts to prevent the alien’s 
removal that is subject to an order of 
removal; 
‘‘(II) a court, the Board of Immi-
gration Appeals, or an immigration 
judge orders a stay of removal of an 
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alien who is subject to an administra-
tively final order of removal; 
‘‘(III) the Secretary transfers 
custody of the alien pursuant to law 
to another Federal agency or a State 
or local government agency in connec-
tion with the official duties of such 
agency; or 
‘‘(IV) a court or the Board of 
Immigration Appeals orders a remand 
to an immigration judge or the Board 
of Immigration Appeals, during the 
time period when the case is pending 
a decision on remand (with the re-
moval period beginning anew on the 
date that the alien is ordered removed 
on remand). 
‘‘(ii) RENEWAL.—If the removal pe-
riod has been extended under clause (C)(i), 
a new removal period shall be deemed to 
have begun on the date— 
‘‘(I) the alien makes all reason-
able efforts to comply with the re-
moval order, or to fully cooperate with 
the Secretary’s efforts to establish the 
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alien’s identity and carry out the re-
moval order; 
‘‘(II) the stay of removal is no 
longer in effect; or 
‘‘(III) the alien is returned to the 
custody of the Secretary. 
‘‘(iii) MANDATORY
DETENTION
FOR 
CERTAIN ALIENS.—In the case of an alien 
described in subparagraphs (A) through 
(D) of section 236(c)(1), the Secretary 
shall keep that alien in detention during 
the extended period described in clause (i). 
‘‘(iv) SOLE
FORM
OF
RELIEF.—An 
alien may seek relief from detention under 
this subparagraph only by filing an appli-
cation for a writ of habeas corpus in ac-
cordance with chapter 153 of title 28, 
United States Code. No alien whose period 
of detention is extended under this sub-
paragraph shall have the right to seek re-
lease on bond.’’; 
(4) in paragraph (3)— 
(A) by adding after ‘‘If the alien does not 
leave or is not removed within the removal pe-
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riod’’ the following: ‘‘or is not detained pursu-
ant to paragraph (6) of this subsection’’; and 
(B) by striking subparagraph (D) and in-
serting the following: 
‘‘(D) to obey reasonable restrictions on the 
alien’s conduct or activities that the Secretary 
prescribes for the alien, in order to prevent the 
alien from absconding, for the protection of the 
community, or for other purposes related to the 
enforcement of the immigration laws.’’; 
(5) in paragraph (4)(A), by striking ‘‘paragraph 
(2)’’ and inserting ‘‘subparagraph (B)’’; and 
(6) by striking paragraph (6) and inserting the 
following: 
‘‘(6) ADDITIONAL RULES FOR DETENTION OR 
RELEASE OF CERTAIN ALIENS.— 
‘‘(A) DETENTION
REVIEW
PROCESS
FOR 
COOPERATIVE ALIENS ESTABLISHED.—For an 
alien who is not otherwise subject to mandatory 
detention, who has made all reasonable efforts 
to comply with a removal order and to cooper-
ate fully with the Secretary of Homeland Secu-
rity’s efforts to establish the alien’s identity and 
carry out the removal order, including making 
timely application in good faith for travel or 
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other documents necessary to the alien’s depar-
ture, and who has not conspired or acted to 
prevent removal, the Secretary shall establish 
an administrative review process to determine 
whether the alien should be detained or released 
on conditions. The Secretary shall make a de-
termination whether to release an alien after 
the removal period in accordance with subpara-
graph (B). The determination shall include con-
sideration of any evidence submitted by the 
alien, and may include consideration of any 
other evidence, including any information or as-
sistance provided by the Secretary of State or 
other Federal official and any other information 
available to the Secretary of Homeland Security 
pertaining to the ability to remove the alien. 
‘‘(B) AUTHORITY TO DETAIN BEYOND RE-
MOVAL PERIOD.— 
‘‘(i) IN GENERAL.—The Secretary of 
Homeland Security, in the exercise of the 
Secretary’s sole discretion, may continue to 
detain an alien for 90 days beyond the re-
moval period (including any extension of 
the removal period as provided in para-
graph (1)(C)). An alien whose detention is 
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extended under this subparagraph shall 
have no right to seek release on bond. 
‘‘(ii) SPECIFIC CIRCUMSTANCES.—The 
Secretary of Homeland Security, in the ex-
ercise of the Secretary’s sole discretion, 
may continue to detain an alien beyond the 
90 days authorized in clause (i)— 
‘‘(I) until the alien is removed, if 
the Secretary, in the Secretary’s sole 
discretion, determines that there is a 
significant likelihood that the alien— 
‘‘(aa) will be removed in the 
reasonably foreseeable future; or 
‘‘(bb) would be removed in 
the reasonably foreseeable future, 
or would have been removed, but 
for the alien’s failure or refusal 
to make all reasonable efforts to 
comply with the removal order, 
or to cooperate fully with the 
Secretary’s efforts to establish 
the alien’s identity and carry out 
the 
removal 
order, 
including 
making 
timely 
application 
in 
good faith for travel or other doc-
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moved), that there is reason to 
believe that the release of the 
alien would threaten the national 
security of the United States; or 
‘‘(dd) that the release of the 
alien will threaten the safety of 
the community or any person, 
conditions of release cannot rea-
sonably be expected to ensure the 
safety of the community or any 
person, and either (AA) the alien 
has been convicted of one or 
more aggravated felonies (as de-
fined in section 101(a)(43)(A)) 
or of one or more crimes identi-
fied by the Secretary of Home-
land Security by regulation, or of 
one or more attempts or conspir-
acies to commit any such aggra-
vated felonies or such identified 
crimes, if the aggregate term of 
imprisonment for such attempts 
or conspiracies is at least 5 
years; or (BB) the alien has com-
mitted one or more crimes of vio-
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lence (as defined in section 16 of 
title 18, United States Code, but 
not including a purely political 
offense) and, because of a mental 
condition or personality disorder 
and behavior associated with that 
condition or disorder, the alien is 
likely to engage in acts of vio-
lence in the future; or 
‘‘(III) pending a certification 
under subclause (II), so long as the 
Secretary of Homeland Security has 
initiated the administrative review 
process not later than 30 days after 
the expiration of the removal period 
(including any extension of the re-
moval period, as provided in para-
graph (1)(C)). 
‘‘(iii) NO RIGHT TO BOND HEARING.— 
An alien whose detention is extended under 
this subparagraph shall have no right to 
seek release on bond, including by reason 
of a certification under clause (ii)(II). 
‘‘(C) RENEWAL AND DELEGATION OF CER-
TIFICATION.— 
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‘‘(i) RENEWAL.—The Secretary of 
Homeland Security may renew a certifi-
cation 
under 
subparagraph 
(B)(ii)(II) 
every 6 months, after providing an oppor-
tunity for the alien to request reconsider-
ation 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 sub-
paragraph (B)(ii)(II). 
‘‘(ii) DELEGATION.—Notwithstanding 
section 103, the Secretary of Homeland 
Security 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 
designee provide for a hearing to make the 
determination described in item (dd)(BB) 
of subparagraph (B)(ii)(II). 
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‘‘(D) RELEASE ON CONDITIONS.—If it is 
determined that an alien should be released 
from detention by a Federal court, the Board of 
Immigration Appeals, or if an immigration 
judge orders a stay of removal, the Secretary of 
Homeland Security, in the exercise of the Sec-
retary’s discretion, may impose conditions on 
release as provided in paragraph (3). 
‘‘(E) REDETENTION.—The Secretary of 
Homeland Security, in the exercise of the Sec-
retary’s discretion, without any limitations 
other than those specified in this section, may 
again detain any alien subject to a final re-
moval order who is released from custody, if re-
moval becomes likely in the reasonably foresee-
able future, the alien fails to comply with the 
conditions of release, or to continue to satisfy 
the conditions described in subparagraph (A), 
or if, upon reconsideration, the Secretary, in 
the Secretary’s sole discretion, determines that 
the alien can be detained under subparagraph 
(B). This section shall apply to any alien re-
turned to custody pursuant to this subpara-
graph, as if the removal period terminated on 
the day of the redetention. 
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‘‘(F) REVIEW
OF
DETERMINATIONS
BY 
SECRETARY.—A determination by the Secretary 
under this paragraph shall not be subject to re-
view by any other agency.’’. 
(b) DETENTION OF ALIENS DURING REMOVAL PRO-
CEEDINGS.— 
(1) CLERICAL AMENDMENT.—(A) Section 236 
of the Immigration and Nationality Act (8 U.S.C. 
1226) is amended by striking ‘‘Attorney General’’ 
each place it appears (except in the second place 
that term appears in section 236(a)) and inserting 
‘‘Secretary of Homeland Security’’. 
(B) Section 236(a) of such Act (8 U.S.C. 
1226(a)) is amended by inserting ‘‘the Secretary of 
Homeland Security or’’ before ‘‘the Attorney Gen-
eral—’’. 
(C) Section 236(e) of such Act (8 U.S.C. 
1226(e)) is amended by striking ‘‘Attorney Gen-
eral’s’’ and inserting ‘‘Secretary of Homeland Secu-
rity’s’’. 
(2) LENGTH OF DETENTION.—Section 236 of 
such Act (8 U.S.C. 1226) is amended by adding at 
the end the following: 
‘‘(f) LENGTH OF DETENTION.— 
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‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of this section, an alien may be detained, 
and for an alien described in subsection (c) shall be 
detained, under this section without time limitation, 
except as provided in subsection (h), during the 
pendency of removal proceedings. 
‘‘(2) CONSTRUCTION.—The length of detention 
under this section shall not affect detention under 
section 241.’’. 
(3) DETENTION OF CRIMINAL ALIENS.—Section 
236(c)(1) of the Immigration and Nationality Act (8 
U.S.C. 1226(c)(1)) (as amended by section 310(b)) 
is further amended, in the matter following subpara-
graph (E) to read as follows: 
‘‘any time after the alien is released, without regard 
to whether an alien is released related to any activ-
ity, offense, or conviction described in this para-
graph; to whether the alien is released on parole, su-
pervised release, or probation; or to whether the 
alien may be arrested or imprisoned again for the 
same offense. If the activity described in this para-
graph does not result in the alien being taken into 
custody by any person other than the Secretary, 
then when the alien is brought to the attention of 
the Secretary or when the Secretary determines it is 
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practical to take such alien into custody, the Sec-
retary shall take such alien into custody.’’. 
(4) ADMINISTRATIVE REVIEW.—Section 236 of 
the Immigration and Nationality Act (8 U.S.C. 
1226), as amended by paragraph (2), is further 
amended by adding at the end the following: 
‘‘(g) ADMINISTRATIVE REVIEW.— 
‘‘(1) IN GENERAL.—The Attorney General’s re-
view of the Secretary’s custody determinations under 
subsection (a) for the following classes of aliens shall 
be limited to whether the alien may be detained, re-
leased on bond (of at least $1,500 with security ap-
proved by the Secretary), or released with no bond: 
‘‘(A) Aliens in exclusion proceedings. 
‘‘(B) Aliens described in section 212(a)(3) 
or 237(a)(4). 
‘‘(C) Aliens described in subsection (c). 
‘‘(2) SPECIAL RULE.— 
‘‘(h) RELEASE ON BOND.— 
‘‘(1) IN
GENERAL.—An alien detained under 
subsection (a) may seek release on bond. No bond 
may be granted except to an alien who establishes 
by clear and convincing evidence that the alien is not 
a flight risk or a risk to another person or the com-
munity. 
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‘‘(2) CERTAIN ALIENS INELIGIBLE.—No alien 
detained under subsection (c) may seek release on 
bond.’’. 
(5) 
CLERICAL
AMENDMENTS.—(A) 
Section 
236(a)(2)(B) of the Immigration and Nationality 
Act (8 U.S.C. 1226(a)(2)(B)) is amended by strik-
ing ‘‘conditional parole’’ and inserting ‘‘recog-
nizance’’. 
(B) Section 236(b) of such Act (8 U.S.C. 
1226(b)) is amended by striking ‘‘parole’’ and in-
serting ‘‘recognizance’’. 
(c) SEVERABILITY.—If any of the provisions of this 
section or any amendment by this section, or the applica-
tion of any such provision to any person or circumstance, 
is held to be invalid for any reason, the remainder of this 
section and of amendments made by this section, and the 
application of the provisions and of the amendments made 
by this section to any other person or circumstance shall 
not be affected by such holding. 
(d) EFFECTIVE DATES.— 
(1) The amendments made by subsection (a) 
shall take effect upon the date of enactment of this 
Act, and section 241 of the Immigration and Na-
tionality Act, as so amended, shall in addition apply 
to— 
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(A) all aliens subject to a final administra-
tive removal, deportation, or exclusion order 
that was issued before, on, or after the date of 
the enactment of this Act; and 
(B) acts and conditions occurring or exist-
ing before, on, or after such date. 
(2) The amendments made by subsection (b) 
shall take effect upon the date of the enactment of 
this Act, and section 236 of the Immigration and 
Nationality Act, as so amended, shall in addition 
apply to any alien in detention under provisions of 
such section on or after such date. 
SEC. 312. GROUNDS OF INADMISSIBILITY AND DEPORT-
ABILITY FOR ALIEN GANG MEMBERS. 
(a) DEFINITION OF GANG MEMBER.—Section 101(a) 
of the Immigration and Nationality Act (8 U.S.C. 
1101(a)) is amended by adding at the end the following: 
‘‘(53)(A) The term ‘criminal gang’ means an ongoing 
group, club, organization, or association of 5 or more per-
sons that has as one of its primary purposes the commis-
sion of 1 or more of the following criminal offenses and 
the members of which engage, or have engaged within the 
past 5 years, in a continuing series of such offenses, or 
that has been designated as a criminal gang by the Sec-
retary of Homeland Security, in consultation with the At-
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torney General, as meeting these criteria. The offenses de-
scribed, whether in violation of Federal or State law or 
foreign law and regardless of whether the offenses oc-
curred before, on, or after the date of the enactment of 
this paragraph, are the following: 
‘‘(i) A ‘felony drug offense’ (as defined in sec-
tion 102 of the Controlled Substances Act (21 
U.S.C. 802)). 
‘‘(ii) An offense under section 274 (relating to 
bringing in and harboring certain aliens), section 
277 (relating to aiding or assisting certain aliens to 
enter the United States), or section 278 (relating to 
importation of alien for immoral purpose). 
‘‘(iii) A crime of violence (as defined in section 
16 of title 18, United States Code). 
‘‘(iv) A crime involving obstruction of justice, 
tampering with or retaliating against a witness, vic-
tim, or informant, or burglary. 
‘‘(v) Any conduct punishable under sections 
1028 and 1029 of title 18, United States Code (re-
lating to fraud and related activity in connection 
with identification documents or access devices), sec-
tions 1581 through 1594 of such title (relating to 
peonage, slavery and trafficking in persons), section 
1952 of such title (relating to interstate and foreign 
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travel or transportation in aid of racketeering enter-
prises), section 1956 of such title (relating to the 
laundering of monetary instruments), section 1957 
of such title (relating to engaging in monetary trans-
actions in property derived from specified unlawful 
activity), or sections 2312 through 2315 of such title 
(relating to interstate transportation of stolen motor 
vehicles or stolen property). 
‘‘(vi) A conspiracy to commit an offense de-
scribed in clauses (i) through (v). 
‘‘(B) Notwithstanding any other provision of law (in-
cluding any effective date), the term applies regardless of 
whether the conduct occurred before, on, or after the date 
of the enactment of this paragraph.’’. 
(b) INADMISSIBILITY.—Section 212(a)(2) of such Act 
(8 U.S.C. 1182(a)(2)), as amended by section 302(a)(2) 
of this Act, is further amended by adding at the end the 
following: 
‘‘(N) ALIENS ASSOCIATED WITH CRIMINAL 
GANGS.—Any alien is inadmissible who a con-
sular officer, the Secretary of Homeland Secu-
rity, or the Attorney General knows or has rea-
son to believe— 
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‘‘(i) to be or to have been a member 
of a criminal gang (as defined in section 
101(a)(53)); or 
‘‘(ii) to have participated in the activi-
ties of a criminal gang (as defined in sec-
tion 101(a)(53)), knowing or having reason 
to know that such activities will promote, 
further, aid, or support the illegal activity 
of the criminal gang.’’. 
(c) DEPORTABILITY.—Section 237(a)(2) of the Im-
migration and Nationality Act (8 U.S.C. 1227(a)(2)), as 
amended by section 302(c) of this Act, is further amended 
by adding at the end the following: 
‘‘(H) ALIENS ASSOCIATED WITH CRIMINAL 
GANGS.—Any alien is deportable who the Sec-
retary of Homeland Security or the Attorney 
General knows or has reason to believe— 
‘‘(i) is or has been a member of a 
criminal gang (as defined in section 
101(a)(53)); or 
‘‘(ii) has participated in the activities 
of a criminal gang (as so defined), knowing 
or having reason to know that such activi-
ties will promote, further, aid, or support 
the illegal activity of the criminal gang.’’. 
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(d) DESIGNATION.— 
(1) IN GENERAL.—Chapter 2 of title II of the 
Immigration and Nationality Act (8 U.S.C. 1182) is 
amended by inserting after section 219 the fol-
lowing: 
‘‘DESIGNATION 
‘‘SEC. 220. (a) IN GENERAL.—The Secretary of 
Homeland Security, in consultation with the Attorney 
General, and the Secretary of State may designate a group 
or association as a criminal street gang if their conduct 
is described in section 101(a)(53) or if the group or asso-
ciation conduct poses a significant risk that threatens the 
security and the public safety of United States nationals 
or the national security, homeland security, foreign policy, 
or economy of the United States. 
‘‘(b) EFFECTIVE DATE.—Designations under sub-
section (a) shall remain in effect until the designation is 
revoked after consultation between the Secretary of Home-
land Security, the Attorney General, and the Secretary of 
State or is terminated in accordance with Federal law.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents for such Act is amended by inserting after the 
item relating to section 219 the following: 
‘‘220. Designation.’’. 
(e) MANDATORY DETENTION OF CRIMINAL STREET 
GANG MEMBERS.— 
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(1) IN GENERAL.—Section 236(c)(1)(D) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1226(c)(1)(D)) is amended— 
(A) by inserting ‘‘or 212(a)(2)(N)’’ after 
‘‘212(a)(3)(B)’’; and 
(B) by inserting ‘‘237(a)(2)(H) or’’ before 
‘‘237(a)(4)(B)’’. 
(2) ANNUAL REPORT.—Not later than March 1 
of each year (beginning 1 year after the date of the 
enactment of this Act), the Secretary of Homeland 
Security, after consultation with the appropriate 
Federal agencies, shall submit a report to the Com-
mittees on the Judiciary of the House of Represent-
atives and of the Senate on the number of aliens de-
tained under the amendments made by paragraph 
(1). 
(f) ASYLUM
CLAIMS
BASED
ON
GANG
AFFILI-
ATION.— 
(1) INAPPLICABILITY OF RESTRICTION ON RE-
MOVAL
TO
CERTAIN
COUNTRIES.—Section 
241(b)(3)(B) of the Immigration and Nationality 
Act (8 U.S.C. 1251(b)(3)(B)) is amended, in the 
matter preceding clause (i), by inserting ‘‘who is de-
scribed 
in 
section 
212(a)(2)(N)(i) 
or 
section 
237(a)(2)(H)(i) or who is’’ after ‘‘to an alien’’. 
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(2) 
INELIGIBILITY
FOR
ASYLUM.—Section 
208(b)(2)(A) of such Act (8 U.S.C. 1158(b)(2)(A)) 
(as amended by this Act) is further amended— 
(A) in clause (v), by striking ‘‘or’’ at the 
end; 
(B) by redesignating clause (vi) as clause 
(vii); and 
(C) by inserting after clause (v) the fol-
lowing: 
‘‘(vi) the alien is described in section 
212(a)(2)(N)(i) or section 237(a)(2)(H)(i) 
(relating to participation in criminal street 
gangs); or’’. 
(g) TEMPORARY PROTECTED STATUS.—Section 244 
of such Act (8 U.S.C. 1254a) is amended— 
(1) by striking ‘‘Attorney General’’ each place 
it appears and inserting ‘‘Secretary of Homeland Se-
curity’’; 
(2) in subparagraph (c)(2)(B)— 
(A) in clause (i), by striking ‘‘or’’ at the 
end; 
(B) in clause (ii), by striking the period 
and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
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‘‘(iii) the alien is, or at any time after 
admission has been, a member of a crimi-
nal 
gang 
(as 
defined 
in 
section 
101(a)(53)).’’; and 
(3) in subsection (d)— 
(A) by striking paragraph (3); and 
(B) in paragraph (4), by adding at the end 
the following: ‘‘The Secretary of Homeland Se-
curity may detain an alien provided temporary 
protected status under this section whenever 
appropriate under any other provision of law.’’. 
(h) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act and shall apply to acts that occur before, on, 
or after the date of the enactment of this Act. 
SEC. 313. EXTENSION OF IDENTITY THEFT OFFENSES. 
Section 1028A of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘(d) STATE OF MIND PROOF REQUIREMENT.—In a 
prosecution for a violation of subsection (a)(1) predicated 
on a violation described in subsection (c)(2), (6), (7), (9), 
or (10) of this section, the Government need not prove 
that the defendant knew the means of identification was 
of another person.’’. 
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SEC. 314. LAUNDERING OF MONETARY INSTRUMENTS. 
(a) ADDITIONAL PREDICATE OFFENSES.—Section 
1956(c)(7)(D) of title 18, United States Code, is amend-
ed— 
(1) by inserting ‘‘section 1590 (relating to traf-
ficking with respect to peonage, slavery, involuntary 
servitude, or forced labor),’’ after ‘‘section 1363 (re-
lating to destruction of property within the special 
maritime and territorial jurisdiction),’’; and 
(2) by inserting ‘‘section 274(a) of the Immi-
gration and Nationality Act (8 U.S.C.1324(a)) (re-
lating to bringing in and harboring certain aliens),’’ 
after ‘‘section 590 of the Tariff Act of 1930 (19 
U.S.C. 1590) (relating to aviation smuggling),’’. 
(b) INTENT TO CONCEAL OR DISGUISE.—Section 
1956(a) of title 18, United States Code, is amended— 
(1) in paragraph (1) so that subparagraph (B) 
reads as follows: 
‘‘(B) knowing that the transaction— 
‘‘(i) conceals or disguises, or is intended to 
conceal or disguise, the nature, source, location, 
ownership, or control of the proceeds of some 
form of unlawful activity; or 
‘‘(ii) avoids, or is intended to avoid, a 
transaction reporting requirement under State 
or Federal law,’’; and 
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(2) in paragraph (2) so that subparagraph (B) 
reads as follows: 
‘‘(B) knowing that the monetary instrument or 
funds involved in the transportation, transmission, 
or transfer represent the proceeds of some form of 
unlawful activity, and knowing that such transpor-
tation, transmission, or transfer— 
‘‘(i) conceals or disguises, or is intended to 
conceal or disguise, the nature, source, location, 
ownership, or control of the proceeds of some 
form of unlawful activity; or 
‘‘(ii) avoids, or is intended to avoid, a 
transaction reporting requirement under State 
or Federal law,’’. 
SEC. 315. PENALTIES FOR ILLEGAL ENTRY OR PRESENCE. 
(a) IN GENERAL.—Section 275 of the Immigration 
and Nationality Act (8 U.S.C. 1325) is amended to read 
as follows: 
‘‘SEC. 275. (a) IN GENERAL.— 
‘‘(1) ILLEGAL ENTRY OR PRESENCE.—An alien 
shall be subject to the penalties set forth in para-
graph (2) if the alien— 
‘‘(A) knowingly enters or crosses the bor-
der into the United States at any time or place 
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under title 18, United States Code, imprisoned not more 
than 2 years, or both. 
‘‘(b) REENTRY
OF CRIMINAL OFFENDERS.—Not-
withstanding the penalty provided in subsection (a), if an 
alien described in that subsection was convicted before 
such removal or departure— 
‘‘(1) for 3 or more misdemeanors or for a fel-
ony, the alien shall be fined under title 18, United 
States Code, imprisoned not more than 10 years, or 
both; 
‘‘(2) for a felony for which the alien was sen-
tenced to a term of imprisonment of not less than 
30 months, the alien shall be fined under such title, 
imprisoned not less than 2 years and not more than 
15 years, or both; 
‘‘(3) for a felony for which the alien was sen-
tenced to a term of imprisonment of not less than 
60 months, the alien shall be fined under such title, 
imprisoned not less than 4 years and not more than 
20 years, or both; or 
‘‘(4) for murder, rape, kidnapping, or a felony 
offense described in chapter 77 (relating to peonage 
and slavery) or 113B (relating to terrorism) of such 
title, or for 3 or more felonies of any kind, the alien 
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