259 
SEC. 3106. 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 inserting after paragraph (52) the 
following: 
‘‘(53)(A) The term ‘criminal gang’ means an ongoing 
group, club, organization, or association of 5 or more per-
sons— 
‘‘(i) that has as one of its primary purposes the 
commission of 1 or more of the criminal offenses de-
scribed in subparagraph (B) and the members of 
which engage, or have engaged within the past 5 
years, in a continuing series of such offenses; or 
‘‘(ii) that has been designated as a criminal 
gang by the Secretary of Homeland Security, in con-
sultation with the Attorney General, as meeting 
these criteria. 
‘‘(B) The offenses described, whether in violation of 
Federal or State law or foreign law and regardless of 
whether the offenses occurred 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)). 
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‘‘(ii) A felony offense involving firearms or ex-
plosives or in violation of section 931 of title 18, 
United States Code (relating to purchase, ownership, 
or possession of body armor by violent felons). 
‘‘(iii) 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), except 
that this clause does not apply in the case of an or-
ganization described in section 501(c)(3) of the In-
ternal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) 
which is exempt from taxation under section 501(a) 
of such Code. 
‘‘(iv) A violent crime described in section 
101(a)(43)(F). 
‘‘(v) A crime involving obstruction of justice, 
tampering with or retaliating against a witness, vic-
tim, or informant, or perjury or subornation of per-
jury. 
‘‘(vi) Any conduct punishable under sections 
1028A and 1029 of title 18, United States Code (re-
lating to aggravated identity theft or fraud and re-
lated activity in connection with identification docu-
ments or access devices), sections 1581 through 
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1594 of such title (relating to peonage, slavery, and 
trafficking in persons), section 1951 of such title 
(relating to interference with commerce by threats or 
violence), section 1952 of such title (relating to 
interstate and foreign travel or transportation in aid 
of racketeering enterprises), section 1956 of such 
title (relating to the laundering of monetary instru-
ments), section 1957 of such title (relating to engag-
ing in monetary transactions 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). 
‘‘(vii) An attempt or conspiracy to commit an 
offense described in this paragraph or aiding, abet-
ting, counseling, procuring, commanding, inducing, 
facilitating, or soliciting the commission of an of-
fense described in clauses (i) through (vi).’’. 
(b) INADMISSIBILITY.—Section 212(a)(2) of such Act 
(8 U.S.C. 1182(a)(2)) is amended— 
(1) in subparagraph (A)(i)— 
(A) in subclause (I), by striking ‘‘or’’ at 
the end; and 
(B) by inserting after subclause (II) the 
following: 
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‘‘(III) a violation of (or a con-
spiracy or attempt to violate) any law 
or regulation of a State, the United 
States, or a foreign country relating 
to participation or membership in a 
criminal gang, or 
‘‘(IV) any felony or misdemeanor 
offense for which the alien received a 
sentencing enhancement predicated on 
gang membership or conduct that pro-
moted, furthered, aided, or supported 
the illegal activity of the criminal 
gang,’’. 
(2) by adding at the end the following: 
‘‘(N) ALIENS ASSOCIATED WITH CRIMINAL 
GANGS.— 
‘‘(i) 
ALIENS
NOT
PHYSICALLY 
PRESENT IN THE UNITED STATES.—In the 
case of an alien who is not physically 
present in the United States: 
‘‘(I) That alien is inadmissible if 
a consular officer, an immigration of-
ficer, the Secretary of Homeland Se-
curity, or the Attorney General knows 
or has reason to believe— 
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263 
‘‘(aa) to be or to have been 
a member of a criminal gang (as 
defined in section 101(a)(53)); or 
‘‘(bb) to have participated in 
the activities of a criminal gang 
(as 
defined 
in 
section 
101(a)(53)), knowing or having 
reason to know that such activi-
ties will promote, further, aid, or 
support the illegal activity of the 
criminal gang. 
‘‘(II) That alien is inadmissible if 
a consular officer, an immigration of-
ficer, the Secretary of Homeland Se-
curity, or the Attorney General has 
reasonable grounds to believe the alien 
has participated in, been a member of, 
promoted, or conspired with a crimi-
nal gang, either inside or outside of 
the United States. 
‘‘(III) That alien is inadmissible 
if a consular officer, an immigration 
officer, the Secretary of Homeland Se-
curity, or the Attorney General has 
reasonable grounds to believe seeks to 
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264 
enter the United States or has en-
tered the United States in furtherance 
of the activities of a criminal gang, ei-
ther inside or outside of the United 
States. 
‘‘(ii) ALIENS PHYSICALLY PRESENT IN THE 
UNITED STATES.—In the case of an alien who 
is physically present in the United States, that 
alien is inadmissible if the alien— 
‘‘(I) is 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 defined in section 
101(a)(53)), knowing or having reason to 
know that such activities will promote, fur-
ther, 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)) is 
amended by adding at the end the following: 
‘‘(H) ALIENS ASSOCIATED WITH CRIMINAL 
GANGS.—Any alien is deportable who— 
‘‘(i) is or has been a member of a 
criminal gang (as defined in section 
101(a)(53)); 
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267 
‘‘(B) CLASSIFIED
INFORMATION.—The Sec-
retary may consider classified information in making 
a designation under this subsection. Classified infor-
mation shall not be subject to disclosure for such 
time as it remains classified, except that such infor-
mation may be disclosed to a court ex parte and in 
camera for purposes of judicial review under sub-
section (c). 
‘‘(4) PERIOD OF DESIGNATION.— 
‘‘(A) IN GENERAL.—A designation under this 
subsection shall be effective for all purposes until re-
voked under paragraph (5) or (6) or set aside pursu-
ant to subsection (c). 
‘‘(B) REVIEW
OF
DESIGNATION
UPON
PETI-
TION.— 
‘‘(i) IN GENERAL.—The Secretary shall re-
view the designation of a criminal gang under 
the procedures set forth in clauses (iii) and (iv) 
if the designated group, club, organization, or 
association of 5 or more persons files a petition 
for revocation within the petition period de-
scribed in clause (ii). 
‘‘(ii) PETITION PERIOD.—For purposes of 
clause (i)— 
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268 
‘‘(I) if the designated group, club, or-
ganization, or association of 5 or more per-
sons has not previously filed a petition for 
revocation under this subparagraph, the 
petition period begins 2 years after the 
date on which the designation was made; 
or 
‘‘(II) if the designated group, club, or-
ganization, or association of 5 or more per-
sons has previously filed a petition for rev-
ocation under this subparagraph, the peti-
tion period begins 2 years after the date of 
the determination made under clause (iv) 
on that petition. 
‘‘(iii) PROCEDURES.—Any group, club, or-
ganization, or association of 5 or more persons 
that submits a petition for revocation under 
this subparagraph of its designation as a crimi-
nal gang must provide evidence in that petition 
that it is not described in section 101(a)(53). 
‘‘(iv) DETERMINATION.— 
‘‘(I) IN
GENERAL.—Not later than 
180 days after receiving a petition for rev-
ocation submitted under this subpara-
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269 
graph, the Secretary shall make a deter-
mination as to such revocation. 
‘‘(II) CLASSIFIED
INFORMATION.— 
The Secretary may consider classified in-
formation in making a determination in re-
sponse to a petition for revocation. Classi-
fied information shall not be subject to dis-
closure for such time as it remains classi-
fied, except that such information may be 
disclosed to a court ex parte and in camera 
for purposes of judicial review under sub-
section (c). 
‘‘(III) PUBLICATION OF DETERMINA-
TION.—A determination made by the Sec-
retary under this clause shall be published 
in the Federal Register. 
‘‘(IV) PROCEDURES.—Any revocation 
by the Secretary shall be made in accord-
ance with paragraph (6). 
‘‘(C) OTHER REVIEW OF DESIGNATION.— 
‘‘(i) IN GENERAL.—If in a 5-year period no 
review has taken place under subparagraph (B), 
the Secretary shall review the designation of the 
criminal gang in order to determine whether 
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270 
such designation should be revoked pursuant to 
paragraph (6). 
‘‘(ii) PROCEDURES.—If a review does not 
take place pursuant to subparagraph (B) in re-
sponse to a petition for revocation that is filed 
in accordance with that subparagraph, then the 
review shall be conducted pursuant to proce-
dures established by the Secretary. The results 
of such review and the applicable procedures 
shall not be reviewable in any court. 
‘‘(iii) PUBLICATION OF RESULTS OF RE-
VIEW.—The Secretary shall publish any deter-
mination made pursuant to this subparagraph 
in the Federal Register. 
‘‘(5) REVOCATION BY ACT OF CONGRESS.—The Con-
gress, by an Act of Congress, may block or revoke a des-
ignation made under paragraph (1). 
‘‘(6) REVOCATION BASED
ON CHANGE
IN CIR-
CUMSTANCES.— 
‘‘(A) IN GENERAL.—The Secretary may revoke 
a designation made under paragraph (1) at any 
time, and shall revoke a designation upon completion 
of a review conducted pursuant to subparagraphs 
(B) and (C) of paragraph (4) if the Secretary finds 
that— 
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271 
‘‘(i) the group, club, organization, or asso-
ciation of 5 or more persons that has been des-
ignated as a criminal gang is no longer de-
scribed in section 101(a)(53); or 
‘‘(ii) the national security or the law en-
forcement interests of the United States war-
rants a revocation. 
‘‘(B) PROCEDURE.—The procedural require-
ments of paragraphs (2) and (3) shall apply to a 
revocation under this paragraph. Any revocation 
shall take effect on the date specified in the revoca-
tion or upon publication in the Federal Register if 
no effective date is specified. 
‘‘(7) EFFECT OF REVOCATION.—The revocation of a 
designation under paragraph (5) or (6) shall not affect 
any action or proceeding based on conduct committed 
prior to the effective date of such revocation. 
‘‘(8) USE OF DESIGNATION IN TRIAL OR HEAR-
ING.—If a designation under this subsection has become 
effective under paragraph (2) an alien in a removal pro-
ceeding shall not be permitted to raise any question con-
cerning the validity of the issuance of such designation 
as a defense or an objection. 
‘‘(b) AMENDMENTS TO A DESIGNATION.— 
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272 
‘‘(1) IN GENERAL.—The Secretary may amend 
a designation under this subsection if the Secretary 
finds that the group, club, organization, or associa-
tion of 5 or more persons has changed its name, 
adopted a new alias, dissolved and then reconsti-
tuted itself under a different name or names, or 
merged with another group, club, organization, or 
association of 5 or more persons. 
‘‘(2) PROCEDURE.—Amendments made to a 
designation in accordance with paragraph (1) shall 
be effective upon publication in the Federal Register. 
Paragraphs (2), (4), (5), (6), (7), and (8) of sub-
section (a) shall also apply to an amended designa-
tion. 
‘‘(3) ADMINISTRATIVE RECORD.—The adminis-
trative record shall be corrected to include the 
amendments as well as any additional relevant infor-
mation that supports those amendments. 
‘‘(4) CLASSIFIED
INFORMATION.—The Sec-
retary may consider classified information in amend-
ing a designation in accordance with this subsection. 
Classified information shall not be subject to disclo-
sure for such time as it remains classified, except 
that such information may be disclosed to a court ex 
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273 
parte and in camera for purposes of judicial review 
under subsection (c) of this section. 
‘‘(c) JUDICIAL REVIEW OF DESIGNATION.— 
‘‘(1) IN
GENERAL.—Not later than 30 days 
after publication in the Federal Register of a des-
ignation, an amended designation, or a determina-
tion in response to a petition for revocation, the des-
ignated group, club, organization, or association of 5 
or more persons may seek judicial review in the 
United States Court of Appeals for the District of 
Columbia Circuit. 
‘‘(2) BASIS
OF
REVIEW.—Review under this 
subsection shall be based solely upon the administra-
tive record, except that the Government may submit, 
for ex parte and in camera review, classified infor-
mation used in making the designation, amended 
designation, or determination in response to a peti-
tion for revocation. 
‘‘(3) SCOPE OF REVIEW.—The Court shall hold 
unlawful and set aside a designation, amended des-
ignation, or determination in response to a petition 
for revocation the court finds to be— 
‘‘(A) arbitrary, capricious, an abuse of dis-
cretion, or otherwise not in accordance with 
law; 
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274 
‘‘(B) contrary to constitutional right, 
power, privilege, or immunity; 
‘‘(C) in excess of statutory jurisdiction, au-
thority, or limitation, or short of statutory 
right; 
‘‘(D) lacking substantial support in the ad-
ministrative record taken as a whole or in clas-
sified information submitted to the court under 
paragraph (2); or 
‘‘(E) not in accord with the procedures re-
quired by law. 
‘‘(4) JUDICIAL REVIEW INVOKED.—The pend-
ency of an action for judicial review of a designation, 
amended designation, or determination in response 
to a petition for revocation shall not affect the appli-
cation of this section, unless the court issues a final 
order setting aside the designation, amended des-
ignation, or determination in response to a petition 
for revocation. 
‘‘(d) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘classified information’ has the 
meaning given that term in section 1(a) of the Clas-
sified Information Procedures Act (18 U.S.C. App.); 
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275 
‘‘(2) the term ‘national security’ means the na-
tional defense, foreign relations, or economic inter-
ests of the United States; 
‘‘(3) the term ‘relevant committees’ means the 
Committees on the Judiciary of the Senate and of 
the House of Representatives; and 
‘‘(4) the term ‘Secretary’ means the Secretary 
of Homeland Security, in consultation with the At-
torney General.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents for such Act is amended by inserting after the 
item relating to section 219 the following: 
‘‘Sec. 220. Designation.’’. 
(e) MANDATORY DETENTION OF CRIMINAL GANG 
MEMBERS.— 
(1) IN GENERAL.—Section 236(c)(1) of the Im-
migration 
and 
Nationality 
Act 
(8 
U.S.C. 
1226(c)(1)), as amended by this division, is further 
amended— 
(A) in subparagraph (E), by striking ‘‘or’’ 
at the end; 
(B) in subparagraph (F), by inserting ‘‘or’’ 
at the end; and 
(C) by inserting after subparagraph (F) 
the following: 
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276 
‘‘(G) 
is 
inadmissible 
under 
section 
212(a)(2)(N) 
or 
deportable 
under 
section 
237(a)(2)(H),’’. 
(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’’. 
(2) 
INELIGIBILITY
FOR
ASYLUM.—Section 
208(b)(2)(A) of such Act (8 U.S.C. 1158(b)(2)(A)) 
is amended— 
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277 
(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); 
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: 
‘‘(iii) the alien is, or at any time has 
been, described in section 212(a)(2)(N) or 
section 237(a)(2)(H).’’; and 
(3) in subsection (d)— 
(A) by striking paragraph (3); and 
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278 
(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) SPECIAL IMMIGRANT JUVENILE VISAS.—Section 
101(a)(27)(J)(iii) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(27)(J)(iii)) is amended— 
(1) in subclause (I), by striking ‘‘and’’; 
(2) in subclause (II), by adding ‘‘and’’ at the 
end; and 
(3) by adding at the end the following: 
‘‘(III) no alien who is, or at any 
time has been, described in section 
212(a)(2)(N) or section 237(a)(2)(H) 
shall be eligible for any immigration 
benefit under this subparagraph;’’. 
(i) 
PAROLE.—An 
alien 
described 
in 
section 
212(a)(2)(N) of the Immigration and Nationality Act, as 
added by subsection (b), shall not be eligible for parole 
under section 212(d)(5)(A) of such Act unless— 
(1) the alien is assisting or has assisted the 
United States Government in a law enforcement 
matter, including a criminal investigation; and 
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279 
(2) the alien’s presence in the United States is 
required by the Government with respect to such as-
sistance. 
(j) 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. 3107. SPECIAL IMMIGRANT JUVENILE STATUS FOR IM-
MIGRANTS UNABLE TO REUNITE WITH EI-
THER PARENT. 
Section 101(a)(27)(J)(i) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(27)(J)(i)) is amended by 
striking ‘‘1 or both of the immigrant’s parents’’ and in-
serting ‘‘either of the immigrant’s parents’’. 
SEC. 3108. CLARIFICATION OF AUTHORITY REGARDING DE-
TERMINATIONS OF CONVICTIONS. 
Section 101(a)(48) of the Immigration and National 
Act (8 U.S.C. 1101(a)(48)) is amended by adding at the 
end the following: 
‘‘(C) In making a determination as to 
whether a conviction is for— 
‘‘(i) a crime under section 212(a)(2), 
or 
‘‘(ii) a crime under 237(a)(2), 
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280 
such determination shall be determined on the 
basis of the record of conviction and any facts 
established within the record of conviction. 
‘‘(D) Any reversal, vacatur, expungement, 
or modification to a conviction, sentence, or 
conviction record that was granted to amelio-
rate the immigration consequences of the con-
viction, sentence, or conviction record, or was 
granted for rehabilitative purposes shall have no 
effect on the immigration consequences result-
ing from the original conviction. The alien shall 
have the burden of proving that the reversal, 
vacatur, expungement, or modification was not 
for such purposes. In no case in which a rever-
sal, vacatur, expungement, or modification was 
granted for a procedural or substantive defect 
in the criminal proceedings. Whether an alien 
has been convicted of a crime for which a sen-
tence of one year or longer may be imposed or 
whether the alien has been convicted for a 
crime where the maximum penalty possible did 
not exceed one year shall be determined based 
on the maximum penalty allowed by the statute 
of conviction as of the date the offense was 
committed. Subsequent changes in State or 
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281 
Federal law which increase or decrease the sen-
tence that may be imposed for a given crime 
shall not be considered.’’. 
SEC. 3109. ADDING ATTEMPT AND CONSPIRACY TO COMMIT 
TERRORISM-RELATED 
INADMISSIBILITY 
GROUNDS ACTS TO THE DEFINITION OF EN-
GAGING IN TERRORIST ACTIVITY. 
Section 212(a)(3)(B)(iv) of the Immigration and Na-
tionality Act (8 U.S.C. 1182(a)(3)(B)(iv)) is amended— 
(1) in subclause (VI), by striking the period 
and inserting ‘‘; or’’; and 
(2) by adding at the end the following: 
‘‘(VII) an attempt or conspiracy 
to do any of the foregoing.’’. 
SEC. 3110. CLARIFYING THE AUTHORITY OF ICE DETAIN-
ERS. 
(a) IN GENERAL.—Section 287(d) of the Immigra-
tion and Nationality Act (8 U.S.C. 1357(d)) is amended 
to read as follows: 
‘‘(d) DETAINER OF INADMISSIBLE OR DEPORTABLE 
ALIENS.— 
‘‘(1) IN GENERAL.—In the case of an individual 
who is arrested by any Federal, State, or local law 
enforcement official or other personnel for the al-
leged violation of any criminal law or any motor ve-
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282 
hicle law relating to driving while intoxicated or 
driving under the influence (including driving while 
under the influence of or impairment by alcohol or 
drugs), the Secretary may issue a detainer regarding 
the individual to any Federal, State, or local law en-
forcement entity, official, or other personnel if the 
Secretary has probable cause to believe that the indi-
vidual is an inadmissible or deportable alien. 
‘‘(2) PROBABLE
CAUSE.—Probable cause is 
deemed to be established if— 
‘‘(A) the individual who is the subject of 
the detainer matches, pursuant to biometric 
confirmation or other Federal database records, 
the identity of an alien who the Secretary has 
reasonable grounds to believe to be inadmissible 
or deportable; 
‘‘(B) the individual who is the subject of 
the detainer is the subject of ongoing removal 
proceedings, including matters where a charg-
ing document has already been served; 
‘‘(C) the individual who is the subject of 
the detainer has previously been ordered re-
moved from the United States and such an 
order is administratively final; 
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‘‘(D) the individual who is the subject of 
the detainer has made voluntary statements or 
provided reliable evidence that indicate that 
they are an inadmissible or deportable alien; or 
‘‘(E) the Secretary otherwise has reason-
able grounds to believe that the individual who 
is the subject of the detainer is an inadmissible 
or deportable alien. 
‘‘(3) TRANSFER OF CUSTODY.—If the Federal, 
State, or local law enforcement entity, official, or 
other personnel to whom a detainer is issued com-
plies with the detainer and detains for purposes of 
transfer of custody to the Department of Homeland 
Security the individual who is the subject of the de-
tainer, the Department may take custody of the in-
dividual within 48 hours (excluding weekends and 
holidays), but in no instance more than 96 hours, 
following the date that the individual is otherwise to 
be released from the custody of the relevant Federal, 
State, or local law enforcement entity.’’. 
(b) IMMUNITY.— 
(1) IN GENERAL.—A State or a political sub-
division of a State (and the officials and personnel 
of the State or subdivision acting in their official ca-
pacities), and a nongovernmental entity (and its per-
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sonnel) contracted by the State or political subdivi-
sion for the purpose of providing detention, acting in 
compliance with a Department of Homeland Secu-
rity detainer issued pursuant to this section who 
temporarily holds an alien in its custody pursuant to 
the terms of a detainer so that the alien may be 
taken into the custody of the Department of Home-
land Security, shall be considered to be acting under 
color of Federal authority for purposes of deter-
mining their liability and shall be held harmless for 
their compliance with the detainer in any suit seek-
ing any punitive, compensatory, or other monetary 
damages. 
(2) FEDERAL GOVERNMENT AS DEFENDANT.— 
In any civil action arising out of the compliance with 
a Department of Homeland Security detainer by a 
State or a political subdivision of a State (and the 
officials and personnel of the State or subdivision 
acting in their official capacities), or a nongovern-
mental entity (and its personnel) contracted by the 
State or political subdivision for the purpose of pro-
viding detention, the United States Government 
shall be the proper party named as the defendant in 
the suit in regard to the detention resulting from 
compliance with the detainer. 
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285 
(3) BAD FAITH EXCEPTION.—Paragraphs (1) 
and (2) shall not apply to any mistreatment of an 
individual by a State or a political subdivision of a 
State (and the officials and personnel of the State 
or subdivision acting in their official capacities), or 
a nongovernmental entity (and its personnel) con-
tracted by the State or political subdivision for the 
purpose of providing detention. 
(c) PRIVATE RIGHT OF ACTION.— 
(1) CAUSE OF ACTION.—Any individual, or a 
spouse, parent, or child of that individual (if the in-
dividual is deceased), who is the victim of an offense 
that is murder, rape, or sexual abuse of a minor, for 
which an alien (as defined in section 101(a)(3) of 
the Immigration and Nationality Act (8 U.S.C. 
1101(a)(3))) has been convicted and sentenced to a 
term of imprisonment of at least 1 year, may bring 
an action against a State or political subdivision of 
a State or public official acting in an official capac-
ity in the appropriate Federal court if the State or 
political subdivision, except as provided in paragraph 
(3)— 
(A) released the alien from custody prior 
to the commission of such crime as a con-
sequence of the State or political subdivision’s 
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286 
declining to honor a detainer issued pursuant to 
section 287(d)(1) of the Immigration and Na-
tionality Act (8 U.S.C. 1357(d)(1)); 
(B) has in effect a statute, policy, or prac-
tice not in compliance with section 642 of the 
Illegal Immigration Reform and Immigrant Re-
sponsibility Act of 1996 (8 U.S.C. 1373) as 
amended, and as a consequence of its statute, 
policy, or practice, released the alien from cus-
tody prior to the commission of such crime; or 
(C) has in effect a statute, policy, or prac-
tice requiring a subordinate political subdivision 
to decline to honor any or all detainers issued 
pursuant to section 287(d)(1) of the Immigra-
tion and Nationality Act (8 U.S.C. 1357(d)(1)), 
and, as a consequence of its statute, policy or 
practice, the subordinate political subdivision 
declined to honor a detainer issued pursuant to 
such section, and as a consequence released the 
alien from custody prior to the commission of 
such crime. 
(2) LIMITATIONS
ON
BRINGING
ACTION.—An 
action may not be brought under this subsection 
later than 10 years following the occurrence of the 
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287 
crime, or death of a person as a result of such 
crime, whichever occurs later. 
(3) PROPER DEFENDANT.—If a political sub-
division of a State declines to honor a detainer 
issued pursuant to section 287(d)(1) of the Immi-
gration and Nationality Act (8 U.S.C. 1357(d)) as 
a consequence of the State or another political sub-
division with jurisdiction over the subdivision prohib-
iting the subdivision through a statute or other legal 
requirement of the State or other political subdivi-
sion— 
(A) from honoring the detainer; or 
(B) fully complying with section 642 of the 
Illegal Immigration Reform and Immigrant Re-
sponsibility Act of 1996 (8 U.S.C. 1373), 
and, as a consequence of the statute or other legal 
requirement of the State or other political subdivi-
sion, the subdivision released the alien referred to in 
paragraph (1) from custody prior to the commission 
of the crime referred to in that paragraph, the State 
or other political subdivision that enacted the statute 
or other legal requirement, shall be deemed to be the 
proper defendant in a cause of action under this 
subsection, and no such cause of action may be 
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maintained against the political subdivision which 
declined to honor the detainer. 
(4) ATTORNEY’S FEE AND OTHER COSTS.—In 
any action or proceeding under this subsection the 
court shall allow a prevailing plaintiff a reasonable 
attorneys fee as part of the costs, and include expert 
fees as part of the attorneys fee. 
SEC. 3111. DEPARTMENT OF HOMELAND SECURITY ACCESS 
TO CRIME INFORMATION DATABASES. 
Section 105(b) of the Immigration and Nationality 
Act (8 U.S.C. 1105(b)) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘the Service’’ and inserting 
‘‘the Department of Homeland Security’’; and 
(B) by striking ‘‘visa applicant or applicant 
for admission’’ and inserting ‘‘visa applicant, 
applicant for admission, applicant for adjust-
ment of status, or applicant for any other ben-
efit under the immigration laws’’; and 
(2) by inserting after paragraph (4) the fol-
lowing: 
‘‘(5) The Secretary of Homeland Security shall 
receive, upon request, access to the information de-
scribed in paragraph (1) by means of extracts of the 
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289 
records for placement in the appropriate database 
without any fee or charge.’’. 
TITLE IV—ASYLUM REFORM 
SEC. 4101. CREDIBLE FEAR INTERVIEWS. 
Section 235(b)(1)(B)(v) of the Immigration and Na-
tionality Act (8 U.S.C. 1225(b)(1)(B)(v)) is amended by 
striking ‘‘claim’’ and all that follows, and inserting ‘‘claim, 
as determined pursuant to section 208(b)(1)(B)(iii), and 
such other facts as are known to the officer, that the alien 
could establish eligibility for asylum under section 208, 
and it is more probable than not that the statements made 
by, and on behalf of, the alien in support of the alien’s 
claim are true.’’. 
SEC. 4102. JURISDICTION OF ASYLUM APPLICATIONS. 
Section 208(b)(3) of the Immigration and Nationality 
Act (8 U.S.C. 1158) is amended by striking subparagraph 
(C). 
SEC. 4103. RECORDING EXPEDITED REMOVAL AND CRED-
IBLE FEAR INTERVIEWS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall establish quality assurance procedures and take 
steps to effectively ensure that questions by employees of 
the Department of Homeland Security exercising expe-
dited removal authority under section 235(b) of the Immi-
gration and Nationality Act (8 U.S.C. 1225(b)) are asked 
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290 
in a uniform manner, to the extent possible, and that both 
these questions and the answers provided in response to 
them are recorded in a uniform fashion. 
(b) FACTORS RELATING TO SWORN STATEMENTS.— 
Where practicable, any sworn or signed written statement 
taken of an alien as part of the record of a proceeding 
under section 235(b)(1)(A) of the Immigration and Na-
tionality Act (8 U.S.C. 1225(b)(1)(A)) shall be accom-
panied by a recording of the interview which served as the 
basis for that sworn statement. 
(c) INTERPRETERS.—The Secretary shall ensure that 
a competent interpreter, not affiliated with the govern-
ment of the country from which the alien may claim asy-
lum, is used when the interviewing officer does not speak 
a language understood by the alien. 
(d) RECORDINGS IN IMMIGRATION PROCEEDINGS.— 
There shall be an audio or audio visual recording of inter-
views of aliens subject to expedited removal. The recording 
shall be included in the record of proceeding and shall be 
considered as evidence in any further proceedings involv-
ing the alien. 
(e) NO PRIVATE RIGHT OF ACTION.—Nothing in this 
section shall be construed to create any right, benefit, 
trust, or responsibility, whether substantive or procedural, 
enforceable in law or equity by a party against the United 
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291 
States, its departments, agencies, instrumentalities, enti-
ties, officers, employees, or agents, or any person, nor does 
this section create any right of review in any administra-
tive, judicial, or other proceeding. 
SEC. 4104. SAFE THIRD COUNTRY. 
Section 208(a)(2)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1158(a)(2)(A)) is amended— 
(1) by striking ‘‘Attorney General’’ each place 
it appears and inserting ‘‘Secretary of Homeland Se-
curity’’; and 
(2) by striking ‘‘removed, pursuant to a bilat-
eral or multilateral agreement, to’’ and inserting 
‘‘removed to’’. 
SEC. 4105. RENUNCIATION OF ASYLUM STATUS PURSUANT 
TO RETURN TO HOME COUNTRY. 
(a) IN GENERAL.—Section 208(c) of the Immigration 
and Nationality Act (8 U.S.C. 1158(c)) is amended by 
adding at the end the following new paragraph: 
‘‘(4) RENUNCIATION OF STATUS PURSUANT TO 
RETURN TO HOME COUNTRY.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), any alien who is granted 
asylum status under this Act, who, absent 
changed country conditions, subsequently re-
turns to the country of such alien’s nationality 
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292 
or, in the case of an alien having no nationality, 
returns to any country in which such alien last 
habitually resided, and who applied for such 
status because of persecution or a well-founded 
fear of persecution in that country on account 
of race, religion, nationality, membership in a 
particular social group, or political opinion, 
shall have his or her status terminated. 
‘‘(B) WAIVER.—The Secretary has discre-
tion to waive subparagraph (A) if it is estab-
lished to the satisfaction of the Secretary that 
the alien had a compelling reason for the re-
turn. The waiver may be sought prior to depar-
ture from the United States or upon return.’’. 
(b) CONFORMING AMENDMENT.—Section 208(c)(3) 
of the Immigration and Nationality Act (8 U.S.C. 
1158(c)(3)) is amended by inserting after ‘‘paragraph 
(2)’’ the following: ‘‘or (4)’’. 
SEC. 4106. NOTICE CONCERNING FRIVOLOUS ASYLUM AP-
PLICATIONS. 
(a) IN GENERAL.—Section 208(d)(4) of the Immi-
gration and Nationality Act (8 U.S.C. 1158(d)(4)) is 
amended— 
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(1) in the matter preceding subparagraph (A), 
by inserting ‘‘the Secretary of Homeland Security 
or’’ before ‘‘the Attorney General’’; 
(2) in subparagraph (A), by striking ‘‘and of 
the consequences, under paragraph (6), of knowingly 
filing a frivolous application for asylum; and’’ and 
inserting a semicolon; 
(3) in subparagraph (B), by striking the period 
and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(C) ensure that a written warning ap-
pears on the asylum application advising the 
alien of the consequences of filing a frivolous 
application and serving as notice to the alien of 
the consequence of filing a frivolous applica-
tion.’’. 
(b) CONFORMING AMENDMENT.—Section 208(d)(6) 
of the Immigration and Nationality Act (8 U.S.C. 
1158(d)(6)) is amended by striking ‘‘If the’’ and all that 
follows and inserting: 
‘‘(A) If the Secretary of Homeland Secu-
rity or the Attorney General determines that an 
alien has knowingly made a frivolous applica-
tion for asylum and the alien has received the 
notice under paragraph (4)(C), the alien shall 
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294 
be permanently ineligible for any benefits under 
this chapter, effective as the date of the final 
determination of such an application; 
‘‘(B) An application is frivolous if the Sec-
retary of Homeland Security or the Attorney 
General determines, consistent with subpara-
graph (C), that— 
‘‘(i) it is so insufficient in substance 
that it is clear that the applicant know-
ingly filed the application solely or in part 
to delay removal from the United States, 
to seek employment authorization as an 
applicant for asylum pursuant to regula-
tions issued pursuant to paragraph (2), or 
to seek issuance of a Notice to Appeal in 
order to pursue Cancellation of Removal 
under section 240A(b); or 
‘‘(ii) any of the material elements are 
knowingly fabricated. 
‘‘(C) In determining that an application is 
frivolous, the Secretary or the Attorney Gen-
eral, must be satisfied that the applicant, dur-
ing the course of the proceedings, has had suffi-
cient opportunity to clarify any discrepancies or 
implausible aspects of the claim. 
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295 
‘‘(D) For purposes of this section, a find-
ing that an alien filed a frivolous asylum appli-
cation shall not preclude the alien from seeking 
withholding 
of 
removal 
under 
section 
241(b)(3).) or protection pursuant to the Con-
vention Against Torture.’’. 
SEC. 4107. ANTI-FRAUD INVESTIGATIVE WORK PRODUCT. 
(a) ASYLUM CREDIBILITY DETERMINATIONS.—Sec-
tion 208(b)(1)(B)(iii) of the Immigration and Nationality 
Act (8 U.S.C. 1158(b)(1)(B)(iii)) is amended by inserting 
after ‘‘all relevant factors’’ the following: ‘‘, including 
statements made to, and investigative reports prepared by, 
immigration authorities and other government officials’’. 
(b) RELIEF
FOR REMOVAL CREDIBILITY DETER-
MINATIONS.—Section 240(c)(4)(C) of the Immigration 
and Nationality Act (8 U.S.C. 1229a(c)(4)(C)) is amended 
by inserting after ‘‘all relevant factors’’ the following: ‘‘, 
including statements made to, and investigative reports 
prepared by, immigration authorities and other govern-
ment officials’’. 
SEC. 4108. PENALTIES FOR ASYLUM FRAUD. 
Section 1001 of title 18 is amended by inserting at 
the end of the paragraph— 
‘‘(d) Whoever, in any matter before the Secretary of 
Homeland Security or the Attorney General pertaining to 
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296 
asylum under section 208 of the Immigration and Nation-
ality Act or withholding of removal under section 
241(b)(3) of such Act, knowingly and willfully— 
‘‘(1) makes any materially false, fictitious, or 
fraudulent statement or representation; or 
‘‘(2) makes or uses any false writings or docu-
ment knowing the same to contain any materially 
false, fictitious, or fraudulent statement or entry; 
shall be fined under this title or imprisoned not more than 
10 years, or both.’’. 
SEC. 4109. STATUTE OF LIMITATIONS FOR ASYLUM FRAUD. 
Section 3291 of title 18 is amended— 
(1) by striking ‘‘1544,’’ and inserting ‘‘1544, 
and section 1546,’’; 
(2) by striking ‘‘offense.’’ and inserting ‘‘of-
fense or within 10 years after the fraud is discov-
ered.’’. 
SEC. 4110. TECHNICAL AMENDMENTS. 
Section 208 of the Immigration and Nationality Act 
(8 U.S.C. 1158) is amended— 
(1) in subsection (a)— 
(A) in paragraph (2)(D), by inserting 
‘‘Secretary of Homeland Security or the’’ before 
‘‘Attorney General’’; and 
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(B) in paragraph (3), by inserting ‘‘Sec-
retary of Homeland Security or the’’ before 
‘‘Attorney General’’; 
(2) in subsection (b)(2), by inserting ‘‘Secretary 
of Homeland Security or the’’ before ‘‘Attorney Gen-
eral’’ each place such term appears; 
(3) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘Attor-
ney General’’ each place such term appears and 
inserting ‘‘Secretary of Homeland Security’’; 
(B) in paragraph (2), in the matter pre-
ceding subparagraph (A), by inserting ‘‘Sec-
retary of Homeland Security or the’’ before 
‘‘Attorney General’’; and 
(C) in paragraph (3), by inserting ‘‘Sec-
retary of Homeland Security or the’’ before 
‘‘Attorney General’’; and 
(4) in subsection (d)— 
(A) in paragraph (1), by inserting ‘‘Sec-
retary of Homeland Security or the’’ before 
‘‘Attorney General’’ each place such term ap-
pears; 
(B) in paragraph (2), by striking ‘‘Attor-
ney General’’ and inserting ‘‘Secretary of 
Homeland Security’’; and 
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298 
(C) in paragraph (5)— 
(i) in subparagraph (A), by striking 
‘‘Attorney General’’ and inserting ‘‘Sec-
retary of Homeland Security’’; and 
(ii) in subparagraph (B), by inserting 
‘‘Secretary of Homeland Security or the’’ 
before ‘‘Attorney General’’. 
TITLE V—USCIS WAIVERS 
SEC. 5101. EXEMPTION FROM ADMINISTRATIVE PROCE-
DURE ACT. 
The requirements of subchapter II of chapter 5 of 
title 5, United States Code, shall not apply to any rule 
made in order to carry out this division or the amend-
ments made by this division, to the extent the Secretary 
of Homeland Security determines that compliance with 
any such requirement would impede the expeditious imple-
mentation of such division or the amendments made by 
such division. 
SEC. 5102. EXEMPTION FROM PAPERWORK REDUCTION 
ACT. 
The requirements of subchapter I of chapter 35 of 
title 44, United States Code, shall not apply to any action 
to implement this division or the amendments made by 
this division to the extent the Secretary of Homeland Se-
curity, the Secretary of State, the Attorney General, or 
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299 
the Secretary of Labor determines that compliance with 
any such requirement would impede the expeditious imple-
mentation of such sections or the amendments made by 
such sections. 
SEC. 5103. SUNSET. 
This title shall sunset on the date that is 3 years after 
the date of enactment of this Act. Such sunset shall not 
be construed to impose any requirements on, or affect the 
validity of, any rule issued or other action taken pursuant 
to such exemptions. 
Æ 
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