who shall have the same rank as a resident agent-in- 
charge of the Office of Investigations within United States 
Immigration and Customs Enforcement. 
TITLE VI—TERRORIST AND 
CRIMINAL ALIENS 
SEC. 601. REMOVAL OF TERRORIST ALIENS. 
(a) EXPANSION OF REMOVAL.— 
(1) Section 241(b)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1231(b)(3)) is amended— 
(A) in subparagraph (A)— 
(i) by striking ‘‘Attorney General may 
not’’ and inserting ‘‘Secretary of Home-
land Security may not’’; 
(ii) by inserting ‘‘or the Secretary’’ 
after ‘‘if the Attorney General’’ 
(B) in subparagraph (B)— 
(i) by inserting ‘‘or the Secretary of 
Homeland Security’’ after ‘‘if the Attorney 
General’’; 
(ii) by striking ‘‘or’’ in clause (iii); 
(iii) by striking the period at the end 
of clause (iv) and inserting ‘‘; or’’; 
(iv) by inserting after clause (iv) the 
following new clause:
‘‘(v) the alien is described in any sub-
clause of section 212(a)(3)(B)(i) or section 
212(a)(3)(F)’’, unless, in the case only of 
an alien described in subclause (IV) or 
(IX) of section 212(a)(3)(B)(i), the Sec-
retary of Homeland Security determines, 
in the Secretary’s discretion, that there are 
not reasonable grounds for regarding the 
alien as a danger to the security of the 
United States.’’; and 
(v) in the third sentence, by inserting 
‘‘or the Secretary of Homeland Security’’ 
after ‘‘Attorney General’’; and 
(vi) by striking the last sentence. 
(2) Section 208(b)(2)(A)(v) of such Act (8 
U.S.C. 1158(b)(2)(A)(v)) is amended— 
(A) by striking ‘‘subclause (I), (II), (III), 
(IV), or (VI)’’ and inserting ‘‘any subclause’’; 
(B) by striking ‘‘237(a)(4)(B)’’ and insert-
ing ‘‘212(a)(3)(F)’’; and 
(C) by inserting ‘‘or (IX)’’ after ‘‘subclause 
(IV)’’. 
(3) Section 240A(c)(4) of such Act (8 U.S.C. 
1229b(c)(4)) is amended—
(A) by striking ‘‘inadmissible under’’ and 
inserting ‘‘described in’’; and 
(B) by striking ‘‘deportable under’’ and in-
serting ‘‘described in’’. 
(4) Section 240B(b)(1)(C) of such Act (8 
U.S.C. 1229c(b)(1)(C)) is amended by striking ‘‘de-
portable under’’ and inserting ‘‘described in’’. 
(5) Section 249 of such Act (8 U.S.C. 1259)) 
is amended— 
(A) by striking ‘‘inadmissible under’’ and 
inserting ‘‘described in’’; and 
(B) in paragraph (d), by striking ‘‘deport-
able under’’ and inserting ‘‘described in’’. 
(b) RETROACTIVE APPLICATION.—The amendments 
made by this section shall take effect on the date of enact-
ment of this Act and sections 208(b)(2)(A), 240A, 240B, 
241(b)(3), and 249 of the Immigration and Nationality 
Act, as so amended, shall apply to— 
(1) all aliens in removal, deportation, or exclu-
sion proceedings; 
(2) all applications pending on or filed after the 
date of the enactment of this Act; and 
(3) with respect to aliens and applications de-
scribed in paragraph (1) or (2), acts and conditions 
constituting a ground for inadmissibility, exclud-
ability, deportation, or removal occurring or existing 
before, on, or after the date of the enactment of this 
Act. 
SEC. 602. DETENTION OF DANGEROUS ALIENS. 
(a) IN GENERAL.—Section 241 of the Immigration 
and Nationality Act (8 U.S.C. 1231) is amended— 
(1) in subsection (a), by striking ‘‘Attorney 
General’’ and inserting ‘‘Secretary of Homeland Se-
curity’’ each place it appears; 
(2) in subsection (a)(1)(B), by adding after and 
below clause (iii) the following: 
‘‘If, at that time, the alien is not in the custody 
of the Secretary (under the authority of this 
Act), the Secretary shall take the alien into cus-
tody for removal, and the removal period shall 
not begin until the alien is taken into such cus-
tody. If the Secretary transfers custody of the 
alien during the removal period pursuant to law 
to another Federal agency or a State or local 
government agency in connection with the offi-
cial duties of such agency, the removal period 
shall be tolled, and shall begin anew on the date 
of the alien’s return to the custody of the Sec-
retary.’’;
(3) by amending clause (ii) of subsection 
(a)(1)(B) to read as follows: 
‘‘(ii) If a court, the Board of Immi-
gration Appeals, or an immigration judge 
orders a stay of the removal of the alien, 
the date the stay of removal is no longer 
in effect.’’; 
(4) by amending subparagraph (C) of sub-
section (a)(1) to read as follows: 
‘‘(C) SUSPENSION
OF
PERIOD.—The re-
moval period shall be extended beyond a period 
of 90 days and the alien may remain in deten-
tion during such extended period if 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 making timely application in 
good faith for travel or other documents nec-
essary to the alien’s departure, or conspires or 
acts to prevent the alien’s removal subject to an 
order of removal.’’; 
(5) in subsection (a)(2), by adding at the end 
the following: ‘‘If a court orders a stay of removal 
of an alien who is subject to an administratively
final order of removal, the Secretary in the exercise 
of discretion may detain the alien during the pend-
ency of such stay of removal.’’; 
(6) in subsection (a)(3), by amending subpara-
graph (D) to read as follows: 
‘‘(D) to obey reasonable restrictions on the 
alien’s conduct or activities, or perform affirma-
tive acts, that the Secretary prescribes for the 
alien, in order to prevent the alien from ab-
sconding, or for the protection of the commu-
nity, or for other purposes related to the en-
forcement of the immigration laws.’’; 
(7) in subsection (a)(6), by striking ‘‘removal 
period and, if released,’’ and inserting ‘‘removal pe-
riod, in the discretion of the Secretary, without any 
limitations other than those specified in this section, 
until the alien is removed. If an alien is released, the 
alien’’; 
(8) by redesignating paragraph (7) of sub-
section (a) as paragraph (10) and inserting after 
paragraph (6) of such subsection the following new 
paragraphs: 
‘‘(7) PAROLE.—If an alien detained pursuant to 
paragraph (6) is an applicant for admission, the 
Secretary, in the Secretary’s discretion, may parole
the alien under section 212(d)(5) of this Act and 
may provide, notwithstanding section 212(d)(5), that 
the alien shall not be returned to custody unless ei-
ther the alien violates the conditions of the alien’s 
parole or the alien’s removal becomes reasonably 
foreseeable, provided that in no circumstance shall 
such alien be considered admitted. 
‘‘(8) APPLICATION OF ADDITIONAL RULES FOR 
DETENTION OR RELEASE OF CERTAIN ALIENS WHO 
HAVE MADE AN ENTRY.—The procedures described 
in subsection (j) shall only apply with respect to an 
alien who— 
‘‘(A) was lawfully admitted the most recent 
time the alien entered the United States or has 
otherwise effected an entry into the United 
States, and 
‘‘(B) is not detained under paragraph (6). 
‘‘(9) JUDICIAL REVIEW.—Without regard to the 
place of confinement, judicial review of any action or 
decision pursuant to paragraphs (6), (7), or (8) or 
subsection (j) shall be available exclusively in habeas 
corpus proceedings instituted in the United States 
District Court for the District of Columbia, and only 
if the alien has exhausted all administrative rem-
edies (statutory and regulatory) available to the 
alien as of right.’’; and 
(9) by adding at the end the following new sub-
section: 
‘‘(j) ADDITIONAL RULES FOR DETENTION OR RE-
LEASE
OF CERTAIN ALIENS WHO HAVE MADE
AN 
ENTRY.— 
‘‘(1) APPLICATION.—The procedures described 
in this subsection apply in the case of an alien de-
scribed in subsection (a)(8). 
‘‘(2) ESTABLISHMENT
OF
A
DETENTION
RE-
VIEW PROCESS FOR ALIENS WHO FULLY COOPERATE 
WITH REMOVAL.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
establish an administrative review process to 
determine whether the aliens should be detained 
or released on conditions for aliens who— 
‘‘(i) have made all reasonable efforts 
to comply with their removal orders; 
‘‘(ii) have complied with the Sec-
retary’s efforts to carry out the removal 
orders, including making timely application 
in good faith for travel or other documents 
necessary to the alien’s departure, and
‘‘(iii) have not conspired or acted to 
prevent removal. 
‘‘(B) 
DETERMINATION.—The 
Secretary 
shall make a determination whether to release 
an alien after the removal period in accordance 
with paragraphs (3) and (4). The determina-
tion— 
‘‘(i) shall include consideration of any 
evidence submitted by the alien and the 
history of the alien’s efforts to comply with 
the order of removal, and 
‘‘(ii) may include any information or 
assistance provided by the Department of 
State or other Federal agency and any 
other information available to the Sec-
retary pertaining to the ability to remove 
the alien. 
‘‘(3) AUTHORITY TO DETAIN BEYOND THE RE-
MOVAL PERIOD .— 
‘‘(A) INITIAL 90 DAY PERIOD.—The Sec-
retary in the exercise of discretion, without any 
limitations other than those specified in this 
section, may continue to detain an alien for 90 
days beyond the removal period (including any
extension of the removal period as provided in 
subsection (a)(1)(C)). 
‘‘(B) EXTENSION.— 
‘‘(i) IN GENERAL.—The Secretary in 
the exercise of discretion, without any limi-
tations other than those specified in this 
section, may continue to detain an alien 
beyond the 90 days authorized in subpara-
graph (A) if the conditions described in 
subparagraph (A), (B), or (C) of para-
graph (4) apply. 
‘‘(ii) RENEWAL.—The Secretary may 
renew a certification under paragraph 
(4)(A) every six months without limitation, 
after providing an opportunity for the alien 
to request reconsideration of the certifi-
cation 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 such paragraph. 
‘‘(iii) DELEGATION.—Notwithstanding 
section 103, the Secretary may not dele-
gate the authority to make or renew a cer-
tification described in clause (ii), (iii), or
(v) of paragraph (4)(B) below the level of 
the Assistant Secretary for Immigration 
and Customs Enforcement. 
‘‘(iv) HEARING.—The Secretary may 
request that the Attorney General provide 
for a hearing to make the determination 
described in clause (iv)(II) of paragraph 
(4)(B). 
‘‘(4) CONDITIONS FOR EXTENSION.—The condi-
tions for continuation of detention are any of the fol-
lowing: 
‘‘(A) The Secretary determines that there 
is a significant likelihood that the alien— 
‘‘(i) will be removed in the reasonably 
foreseeable future; or 
‘‘(ii) would be removed in the reason-
ably foreseeable future, or would have been 
removed, but for the alien’s failure or re-
fusal to make all reasonable efforts to com-
ply with the removal order, or to fully co-
operate with the Secretary’s efforts to es-
tablish the alien’s identity and carry out 
the removal order, including making timely 
application in good faith for travel or other 
documents necessary to the alien’s depar-
ture, or conspiracies or acts to prevent re-
moval. 
‘‘(B) The Secretary certifies in writing any 
of the following: 
‘‘(i) In consultation with the Secretary 
of Health and Human Services, the alien 
has a highly contagious disease that poses 
a threat to public safety. 
‘‘(ii) After receipt of a written rec-
ommendation from the Secretary of State, 
the release of the alien is likely to have se-
rious adverse foreign policy consequences 
for the United States. 
‘‘(iii) Based on information available 
to the Secretary (including available infor-
mation from the intelligence community, 
and without regard to the grounds upon 
which the alien was ordered removed), 
there is reason to believe that the release 
of the alien would threaten the national se-
curity of the United States. 
‘‘(iv) The release of the alien will 
threaten the safety of the community or 
any person, the conditions of release can-
not reasonably be expected to ensure the
safety of the community or any person, 
and— 
‘‘(I) the alien has been convicted 
of one or more aggravated felonies de-
scribed in section 101(a)(43)(A) or of 
one or more crimes identified by the 
Secretary by regulation, or of one or 
more attempts or conspiracies to com-
mit any such aggravated felonies or 
such crimes, for an aggregate term of 
imprisonment of at least five years; or 
‘‘(II) the alien has committed one 
or more crimes of violence and, be-
cause of a mental condition or person-
ality disorder and behavior associated 
with that condition or disorder, the 
alien is likely to engage in acts of vio-
lence in the future. 
‘‘(v) The release of the alien will 
threaten the safety of the community or 
any person, conditions of release cannot 
reasonably be expected to ensure the safety 
of the community or any person, and the 
alien has been convicted of at least one ag-
gravated felony.
‘‘(C) Pending a determination under sub-
paragraph (B), so long as the Secretary has ini-
tiated the administrative review process no later 
than 30 days after the expiration of the removal 
period (including any extension of the removal 
period as provided in subsection (a)(1)(C)). 
‘‘(5) RELEASE ON CONDITIONS.—If it is deter-
mined that an alien should be released from deten-
tion, the Secretary in the exercise of discretion may 
impose conditions on release as provided in sub-
section (a)(3). 
‘‘(6) REDETENTION.—The Secretary in the ex-
ercise of discretion, without any limitations other 
than those specified in this section, may again de-
tain any alien subject to a final removal order who 
is released from custody if the alien fails to comply 
with the conditions of release or to cooperate in the 
alien’s removal from the United States, or if, upon 
reconsideration, the Secretary determines that the 
alien can be detained under paragraph (1). Para-
graphs (6) through (8) of subsection (a) shall apply 
to any alien returned to custody pursuant to this 
paragraph, as if the removal period terminated on 
the day of the redetention.
‘‘(7) 
CERTAIN
ALIENS
WHO
EFFECTED 
ENTRY.—If an alien has effected an entry into the 
United States but has neither been lawfully admitted 
nor physically present in the United States continu-
ously for the 2-year period immediately prior to the 
commencement of removal proceedings under this 
Act or deportation proceedings against the alien, the 
Secretary in the exercise of discretion may decide 
not to apply subsection (a)(8) and this subsection 
and may detain the alien without any limitations ex-
cept those imposed by regulation.’’. 
(b) EFFECTIVE DATE.—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 amended, shall apply to— 
(1) all aliens subject to a final administrative 
removal, deportation, or exclusion order that was 
issued before, on, or after the date of enactment of 
this Act; and 
(2) acts and conditions occurring or existing be-
fore, on, or after the date of enactment of this Act. 
SEC. 603. INCREASE IN CRIMINAL PENALTIES. 
Section 243 of the Immigration and Nationality Act 
(8 U.S.C. 1253) is amended— 
(1) in subsection (a)(1)—
(A) in the matter before subparagraph (A), 
by 
inserting 
‘‘or 
212(a)’’ 
after 
‘‘section 
237(a)’’; and 
(B) by striking ‘‘imprisoned not more than 
four years’’ and inserting ‘‘imprisoned for not 
less than six months or more than five years’’; 
and 
(2) in subsection (b)— 
(A) by striking ‘‘not more than $1,000’’ 
and inserting ‘‘under title 18, United States 
Code’’; and 
(B) by striking ‘‘for not more than one 
year’’ and inserting ‘‘for not less than six 
months or more than five years (or 10 years if 
the alien is a member of any class described in 
paragraph (1)(E), (2), (3), or (4) of section 
237(a)’’. 
SEC. 604. PRECLUDING ADMISSIBILITY OF AGGRAVATED 
FELONS AND OTHER CRIMINALS. 
(a) EXCLUSION BASED
ON FRAUDULENT DOCU-
MENTATION.—Section 212(a)(2)(A)(i) of the Immigration 
and Nationality Act (8 U.S.C. 1182(a)(2)(A)(i)) is amend-
ed— 
(1) in subclause (I), by striking ‘‘or’’ at the 
end;
(2) in subclause (II), by adding ‘‘or’’ at the 
end; and 
(3) by inserting after subclause (II) the fol-
lowing new subclause: 
‘‘(III) a violation (or a conspiracy 
or attempt to violate) an offense de-
scribed in section 208 of the Social 
Security Act or section 1028 of title 
18, United States Code,’’. 
(b) EXCLUSION BASED ON AGGRAVATED FELONY, 
UNLAWFUL
PROCUREMENT
OF
CITIZENSHIP, 
AND 
CRIMES OF DOMESTIC VIOLENCE.—Section 212(a)(2) of 
such Act (8 U.S.C. 1182(a)(2)) is amended by adding at 
the end the following new subparagraphs: 
‘‘(J) AGGRAVATED
FELONY.—Any alien 
who is convicted of an aggravated felony at any 
time is inadmissible. 
‘‘(K) UNLAWFUL PROCUREMENT OF CITI-
ZENSHIP.—Any alien convicted of, or who ad-
mits having committed, or who admits commit-
ting acts which constitute the essential elements 
of, a violation of (or a conspiracy or attempt to 
violate) subsection (a) or (b) of section 1425 of 
title 18, United States Code is inadmissible.
‘‘(L) CRIMES
OF
DOMESTIC
VIOLENCE, 
STALKING, OR VIOLATION OF PROTECTION OR-
DERS; CRIMES AGAINST CHILDREN.— 
‘‘(i) DOMESTIC VIOLENCE, STALKING, 
OR CHILD ABUSE.— 
‘‘(I) IN
GENERAL.—Subject to 
subclause (II), any alien who at any 
time is convicted of, or who admits 
having committed, or who admits 
committing acts which constitute the 
essential elements of, a crime of do-
mestic violence, a crime of stalking, or 
a crime of child abuse, child neglect, 
or child abandonment is inadmissible. 
‘‘(II) WAIVER
FOR
VICTIMS
OF 
DOMESTIC VIOLENCE.—Subclause (I) 
shall not apply to any alien described 
in section 237(a)(7)(A). 
‘‘(III) CRIME OF DOMESTIC VIO-
LENCE
DEFINED.—For purposes of 
subclause (I), the term ‘crime of do-
mestic 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 in-
dividual with whom the person shares 
a child in common, 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 do-
mestic or family violence laws of the 
jurisdiction where the offense occurs, 
or by any other individual against a 
person who is protected from that in-
dividual’s acts under the domestic or 
family violence laws of the United 
States or any State, Indian tribal gov-
ernment, or unit of local or foreign 
government. 
‘‘(ii) VIOLATORS OF PROTECTION OR-
DERS.— 
‘‘(I) IN
GENERAL.—Any alien 
who at any time is enjoined under a 
protection order issued by a court and 
whom the court determines has en-
gaged in conduct that violates the por-
tion of a protection order that involves 
protection against credible threats of
violence, repeated harassment, or bod-
ily injury to the person or person for 
whom the protection order was issued 
is inadmissible. 
‘‘(II) PROTECTION
ORDER
DE-
FINED.—For purposes of subclause 
(I), the term ‘protection order’ means 
any injunction issued for the purpose 
of preventing violent or threatening 
acts of domestic violence, including 
temporary or final orders issued by 
civil or criminal courts (other than 
support or child custody orders or 
provisions) whether obtained by filing 
an independent action or as an inde-
pendent 
order 
in 
another 
pro-
ceeding.’’. 
(c) WAIVER AUTHORITY.—Section 212(h) of such 
Act (8 U.S.C. 1182(h)) is amended— 
(1) by striking ‘‘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 Sec-
retary of Homeland Security may, in the discretion 
of the Attorney General or such Secretary, waive the
application of subparagraph (A)(i)(I), (A)(i)(III), 
(B), (D), (E), (K), and (L) of subsection (a)(2)’’; 
(2) in paragraphs (1)(A) and (1)(B) and the 
last sentence, by inserting ‘‘or the Secretary’’ after 
‘‘Attorney General’’ each place it appears; 
(3) in paragraph (2), by striking ‘‘Attorney 
General may, in his discretion’’ and ‘‘as he’’ and in-
serting ‘‘Attorney General or the Secretary of Home-
land Security, in the discretion of the Attorney Gen-
eral or such Secretary,’’ and ‘‘as the Attorney Gen-
eral or the Secretary’’, respectively; 
(4) in the second sentence, by striking ‘‘crimi-
nal acts involving torture’’ and inserting ‘‘criminal 
acts involving torture, or an aggravated felony’’; and 
(5) in the third sentence, 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’’. 
(d) CONSTRUCTION.—The amendments made by this 
section shall not be construed to create eligibility for relief 
from removal under section 212(c) of the Immigration and 
Nationality Act, as in effect before its repeal by section 
304(b) of the Immigration Reform and Immigrant Re-
sponsibility Act of 1996 (division C of Public Law 104–
208), where such eligibility did not exist before these 
amendments became effective. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall apply to— 
(1) 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 the such date, and in all re-
moval, deportation, or exclusion proceedings that are 
filed, pending, or reopened, on or after such date. 
SEC. 605. PRECLUDING REFUGEE OR ASYLEE ADJUSTMENT 
OF STATUS FOR AGGRAVATED FELONIES. 
(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 the following: ‘‘However, an alien who 
is convicted of an aggravated felony is not eligible 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.
SEC. 606. REMOVING DRUNK DRIVERS. 
(a) IN GENERAL.—Section 101(a)(43)(F) of the Im-
migration and Nationality Act (8 U.S.C. 1101(a)(43)(F)) 
is amended by inserting ‘‘, including a third drunk driving 
conviction, regardless of the States in which the convic-
tions occurred, and regardless of whether the offenses are 
deemed to be misdemeanors or felonies under State or 
Federal law,’’ after ‘‘offense)’’. 
(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 convictions entered 
before, on, or after such date. 
SEC. 607. DESIGNATED COUNTY LAW ENFORCEMENT AS-
SISTANCE PROGRAM. 
(a) DESIGNATED COUNTIES ADJACENT
TO
THE 
SOUTHERN
BORDER
OF
THE
UNITED
STATES
DE-
FINED.—In this section, the term ‘‘designated counties 
adjacent to the southern international border of the 
United States’’ includes a county any part of which is 
within 25 miles of the southern international border of the 
United States. 
(b) AUTHORITY.— 
(1) IN GENERAL.—Any Sheriff or coalition or 
group of Sheriffs from designated counties adjacent 
to the southern international border of the United 
States may transfer aliens detained or in the custody
of the Sheriff who are not lawfully present in the 
United States to appropriate Federal law enforce-
ment officials, and shall be promptly paid for the 
costs of performing such transfers by the Attorney 
General for any local or State funds previously ex-
pended or proposed to be spent by that Sheriff or 
coalition or group of Sheriffs. 
(2) PAYMENT
OF
COSTS.—Payment of costs 
under paragraph (1) shall include payment for costs 
of detaining, housing, and transporting aliens who 
are not lawfully present in the United States or who 
have unlawfully entered the United States at a loca-
tion other than a port of entry and who are taken 
into custody by the Sheriff. 
(3) LIMITATION
TO
FUTURE
COSTS.—In no 
case shall payment be made under this section for 
costs incurred before the date of the enactment of 
this Act. 
(4) ADVANCE PAYMENT OF COSTS.—The Attor-
ney General shall make an advance payment under 
this section upon a certification of anticipated costs 
for which payment may be made under this section, 
but in no case shall such an advance payment cover 
a period of costs of longer than 3 months.
(c) DESIGNATED COUNTY LAW ENFORCEMENT AC-
COUNT.— 
(1) SEPARATE
ACCOUNT.—Reimbursement or 
pre-payment under subsection (b) shall be made 
promptly from funds deposited into a separate ac-
count in the Treasury of the United States to be en-
titled the ‘‘Designated County Law Enforcement Ac-
count’’. 
(2) AVAILABILITY OF FUNDS.—All deposits into 
the Designated County Law Enforcement Account 
shall remain available until expended to the Attorney 
General to carry out the provisions of this section. 
(3) PROMPTLY DEFINED.—For purposes of this 
section, the term ‘‘promptly’’ means within 60 days. 
(d) FUNDS FOR THE DESIGNATED COUNTY LAW EN-
FORCEMENT ACCOUNT.—Only funds designated, author-
ized, or appropriated by Congress may be deposited or 
transferred to the Designated County Law Enforcement 
Account. The Designated County Law Enforcement Ac-
count is authorized to receive up to $100,000,000 per 
year. 
(e) USE OF FUNDS.— 
(1) IN GENERAL.—Funds provided under this 
section shall be payable directly to participating 
Sheriff’s offices and may be used for the transfers
100 
described in subsection (b)(1), including the costs of 
personnel (such as overtime pay and costs for re-
serve deputies), costs of training of such personnel, 
equipment, and, subject to paragraph (2), the con-
struction, maintenance, and operation of detention 
facilities to detain aliens who are unlawfully present 
in the United States. For purposes of this section, 
an alien who is unlawfully present in the United 
States shall be deemed to be a Federal prisoner be-
ginning upon determination by Federal law enforce-
ment officials that such alien is unlawfully present 
in the United States, and such alien shall, upon such 
determination, be deemed to be in Federal custody. 
In order for costs to be eligible for payment, the 
Sheriff making such application shall personally cer-
tify under oath that all costs submitted in the appli-
cation for reimbursement or advance payment meet 
the requirements of this section and are reasonable 
and necessary, and such certification shall be subject 
to all State and Federal laws governing statements 
made under oath, including the penalties of perjury, 
removal from office, and prosecution under State 
and Federal law. 
(2) LIMITATION.—Not more than 20 percent of 
the amount of funds provided under this section may
101 
be used for the construction or renovation of deten-
tion or similar facilities. 
(f) DISPOSITION
AND
DELIVERY
OF
DETAINED 
ALIENS.—All aliens detained or taken into custody by a 
Sheriff under this section and with respect to whom Fed-
eral law enforcement officials determine are unlawfully 
present in the United States, shall be immediately deliv-
ered to Federal law enforcement officials. In accordance 
with subsection (e)(1), an alien who is in the custody of 
a Sheriff shall be deemed to be a Federal prisoner and 
in Federal custody. 
(g) REGULATIONS.—The Attorney General shall 
issue, on an interim final basis, regulations not later than 
60 days after the date of the enactment of this Act— 
(1) governing the distribution of funds under 
this section for all reasonable and necessary costs 
and other expenses incurred or proposed to be in-
curred by a Sheriff or coalition or group of Sheriffs 
under this section; and 
(2) providing uniform standards that all other 
Federal law enforcement officials shall follow to co-
operate with such Sheriffs and to otherwise imple-
ment the requirements of this section. 
(h) EFFECTIVE DATE.—The provisions of this sec-
tion shall take effect on its enactment. The promulgation
102 
of any regulations under subsection (g) is not a necessary 
precondition to the immediate deployment or work of 
Sheriffs personnel or corrections officers as authorized by 
this section. Any reasonable and necessary expenses or 
costs authorized by this section and incurred by such 
Sheriffs after the date of the enactment of this Act but 
prior to the date of the promulgation of such regulations 
are eligible for reimbursement under the terms and condi-
tions of this section. 
(i) AUDIT.—All funds paid out under this section are 
subject to audit by the Inspector General of the Depart-
ment of Justice and abuse or misuse of such funds shall 
be vigorously investigated and prosecuted to the full extent 
of Federal law. 
(j) SUPPLEMENTAL FUNDING.—All funds paid out 
under this section must supplement, and may not sup-
plant, State or local funds used for the same or similar 
purposes. 
SEC. 608. RENDERING INADMISSIBLE AND DEPORTABLE 
ALIENS 
PARTICIPATING 
IN 
CRIMINAL 
STREET GANGS; DETENTION; INELIGIBILITY 
FROM PROTECTION FROM REMOVAL AND 
ASYLUM. 
(a) INADMISSIBLE.—Section 212(a)(2) of the Immi-
gration and Nationality Act (8 U.S.C. 1182(a)(2)), as
103 
amended by section 604(b), is further amended by adding 
at the end the following: 
‘‘(M) CRIMINAL STREET GANG PARTICIPA-
TION.— 
‘‘(i) IN GENERAL.—Any alien is inad-
missible if the alien has been removed 
under section 237(a)(2)(F), or if the con-
sular officer or the Secretary of Homeland 
Security knows, or has reasonable ground 
to believe that the alien— 
‘‘(I) is a member of a criminal 
street gang and has committed, con-
spired, or threatened to commit, or 
seeks to enter the United States to 
engage solely, principally, or inciden-
tally in, a gang crime or any other un-
lawful activity; or 
‘‘(II) is a member of a criminal 
street gang designated under section 
219A. 
‘‘(ii) CRIMINAL
STREET
GANG
DE-
FINED.—For purposes of this subpara-
graph, the term ‘criminal street gang’ 
means a formal or informal group or asso-
ciation of 3 or more individuals, who com-