169 
(2) by striking ‘‘(unless the Secretary of Home-
land Security has expressly consented to such alien’s 
reentry)’’; 
(3) by inserting ‘‘or removal’’ after ‘‘time of de-
portation’’; and 
(4) by inserting ‘‘or removed’’ after ‘‘reentry of 
deported’’. 
(d) CHALLENGE TO VALIDITY OF ORDER.—Section 
276(d) (8 U.S.C. 1326(d)) is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘deportation order’’ and inserting ‘‘deporta-
tion or removal order’’; and 
(2) in paragraph (2), by inserting ‘‘or removal’’ 
after ‘‘deportation’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act and shall apply to criminal proceedings involv-
ing aliens who enter, attempt to enter, or are found in 
the United States, after such date.
170 
SEC. 525. CRIMINAL AND CIVIL PENALTIES FOR ENTRY OF 
ALIENS 
AT 
IMPROPER 
TIME 
OR 
PLACE, 
AVOIDANCE OF EXAMINATION OR INSPEC-
TION, UNLAWFUL PRESENCE, AND MISREPRE-
SENTATION OR CONCEALMENT OF FACTS. 
Section 275 (8 U.S.C. 1325) is amended to read as 
follows: 
‘‘CRIMINAL AND CIVIL PENALTIES FOR ENTRY OF ALIENS 
AT IMPROPER TIME OR PLACE, AVOIDANCE OF EX-
AMINATION OR INSPECTION, UNLAWFUL PRESENCE, 
AND
MISREPRESENTATION
OR
CONCEALMENT
OF 
FACTS 
‘‘SEC. 275. (a) ENTRY
AT IMPROPER TIME
OR 
PLACE; AVOIDANCE OF EXAMINATION OR INSPECTION; 
UNLAWFUL PRESENCE; MISREPRESENTATION OR CON-
CEALMENT OF FACTS.—Any alien who— 
‘‘(1) enters or attempts to enter the United 
States at any time or place other than as designated 
by immigration officers; 
‘‘(2) eludes examination or inspection by immi-
gration officers; 
‘‘(3) is knowingly unlawfully present in the 
United States for an aggregate period of more than 
180 days; or 
‘‘(4) attempts to enter or obtains entry to the 
United States by a willfully false or misleading rep-
171 
resentation or the willful concealment of a material 
fact, 
shall, for the first commission of any such offense, be fined 
under title 18, United States Code, or imprisoned not 
more than 2 years, or both, and, for a subsequent commis-
sion of any such offense, be fined under title 18, United 
States Code, or imprisoned not more than 10 years, or 
both. 
‘‘(b) IMPROPER
TIME
OR
PLACE; CIVIL
PEN-
ALTIES.—Any alien who is apprehended while entering (or 
attempting to enter) the United States at a time or place 
other than as designated by immigration officers shall be 
subject to a civil penalty of— 
‘‘(1) at least $100 and not more than $10,000 
for each such entry (or attempted entry); or 
‘‘(2) three times the amount specified in para-
graph (1) in the case of an alien who has been pre-
viously subject to a civil penalty under this sub-
section. 
Civil penalties under this subsection are in addition to, 
and not in lieu of, any criminal or other civil penalties 
that may be imposed. 
‘‘(c) MARRIAGE FRAUD.—An individual who know-
ingly enters into a marriage for the purpose of evading 
any provision of the immigration laws shall be fined not
172 
more than $1,000,000, imprisoned not more than 15 
years, or both. 
‘‘(d) IMMIGRATION-RELATED ENTREPRENEURSHIP 
FRAUD.—Any individual who knowingly established a 
commercial enterprise for the purpose of evading any pro-
vision of the immigration laws shall be fined under title 
18, United States Code, or imprisoned not more than 15 
years, or both.’’. 
SEC. 526. COMMUNICATION BETWEEN GOVERNMENT AGEN-
CIES AND THE DEPARTMENT OF HOMELAND 
SECURITY. 
Section 642 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is 
amended by adding at the end the following: 
‘‘(d) ENFORCEMENT.— 
‘‘(1) INELIGIBILITY
FOR
FEDERAL
LAW
EN-
FORCEMENT AID.—Upon a determination that any 
person, or any Federal, State, or local government 
agency or entity, is in violation of subsection (a) or 
(b), the Attorney General shall not provide to that 
person, agency, or entity any grant amount pursuant 
to any law enforcement grant program carried out 
by any element of the Department of Justice, includ-
ing the program under section 241(i) of the Immi-
gration and Nationality Act (8 U.S.C. 241(i)), or
173 
pursuant to any grant program authorized under 
title I of the Housing and Community Development 
Act of 1974 (42 U.S.C. 5301 et seq.), and shall en-
sure that no such grant amounts are provided, di-
rectly or indirectly, to such person, agency, or entity. 
In the case of grant amounts that otherwise would 
be provided to such person, agency, or entity pursu-
ant to a formula, such amounts shall be reallocated 
among eligible recipients. 
‘‘(2) VIOLATIONS
BY
GOVERNMENT
OFFI-
CIALS.—In any case in which a Federal, State, or 
local government official is in violation of subsection 
(a) or (b), the government agency or entity that em-
ploys (or, at the time of the violation, employed) the 
official shall be subject to the sanction under para-
graph (1). 
‘‘(3) DURATION.—The sanction under para-
graph (1) shall remain in effect until the Secretary 
of Homeland Security determines that the person, 
agency, or entity has ceased violating subsections (a) 
and (b).’’. 
SEC. 527. EXCEPTION TO REMOVAL FOR CERTAIN ALIENS. 
(a)(1) Section 214(o) (8 U.S.C. 1184(o)) (as redesig-
nated by section 204 of this Act) is amended by adding 
at the end the following new paragraph:
174 
‘‘(4) No alien shall be eligible for admission to the 
United States under section 101(a)(15)(T) if there is a 
substantial reason to believe that the alien voluntarily 
came to the United States, except that if the alien is or 
has been a victim of a severe form of trafficking in the 
form of sex trafficking, the alien shall be eligible for ad-
mission under such section unless the alien knew or rea-
sonably should have known when coming to the United 
States that the alien would be expected to perform com-
mercial sex acts.’’. 
(2) Section 245(l) (8 U.S.C. 1255(l)), as added by 
section 107(f) of Public Law 106–386, is amended— 
(A) in paragraph (1)(C)(i), by striking ‘‘or’’ at 
the end and inserting ‘‘and’’; 
(B) by redesignating— 
(i) paragraphs (3) and (4) as paragraphs 
(4) and (5), respectively; and 
(ii) the second paragraph (2) as paragraph 
(3); 
(C) in paragraph (2)(B), by striking ‘‘(3), 
(10)(C), and (10(E)), if the activities rendering the 
alien inadmissible under the provision were caused 
by, or were incident to,’’ and inserting ‘‘(2), (3), (8), 
(9)(A), (10)(C), (10)(D), and (10)(E)), if the activi-
175 
ties rendering the alien inadmissible under the provi-
sion were caused by’’; and 
(D) by amending paragraph (5) (as so redesig-
nated) to read as follows: 
‘‘(5) Upon the approval of adjustment of status 
under paragraph (1), the Secretary of Homeland Se-
curity shall record the alien’s lawful admission for 
permanent residence as of the date of such approval 
and the Secretary of State shall reduce by one the 
number of visas authorized to be issued under sec-
tions 201(d) and 203(b)(4) for the fiscal year then 
current, unless the number of remaining visas au-
thorized to be issued under section 203(b)(4) for 
such year is zero, in which case such reductions shall 
not be made.’’. 
(b)(1) 
Section 
101(a)(15)(U)(iii) 
(8 
U.S.C. 
1101(a)(15)(U)(iii)) is amended to read as follows: 
‘‘(iii) the criminal activity referred to in this 
clause is that involving 1 or more of the following 
or any similar activity in violation of Federal, State, 
or local criminal law: rape; incest; domestic violence, 
sexual assault; abusive sexual contact; sexual exploi-
tation; female genital mutilation; or attempt or con-
spiracy to commit any of the above mentioned 
crimes; or’’.
176 
(2) Section 204(a)(1)(C) (8 U.S.C. 1154(a)(1)(C)) is 
amended by inserting ‘‘directly’’ before ‘‘connected’’. 
(3) Section 214(p)(1) (8 U.S.C. 1184(p)(1)) (as re-
designated by section 204 of this Act) is amended by strik-
ing ‘‘This certification may also be provided by an official 
of the Department of Homeland Security whose ability to 
provide such certification is not limited to information 
concerning immigration violations.’’. 
(4) Section 237(a)(1)(H) (8 U.S.C. 1227(a)(1)(H)) 
is amended— 
(A) by striking clause (ii); 
(B) in clause (i), by striking ‘‘(I)’’; and 
(C) by redesignating subclause (II) as clause 
(ii). 
(5) Section 240A (8 U.S.C. 1229b) is amended— 
(A) in subsection (b)(2)(A)(ii), by striking ‘‘, 
and the issuance of a charging document for removal 
proceedings shall not toll the 3-year period of contin-
uous physical presence in the United States’’; 
(B) by amending subsection (b)(2)(A)(iv) to 
read as follows: 
‘‘(iv) the alien is not inadmissible 
under paragraph (2), (3), (8), (9)(A), 
(10)(C), (10)(D), or (10)(E) of section 
212(a), is not deportable under paragraph
177 
(1)(E), (1)(G), or (2) through (4) of sec-
tion 237(a) (except in a case described in 
section 237(a)(7) where the Secretary of 
Homeland Security exercises discretion to 
grant a waiver), and has not been con-
victed of an aggravated felony; and’’; and 
(C) in subsection (b)(2)(B)— 
(i) by inserting ‘‘direct’’ before ‘‘connection 
between the absence’’; 
(ii) by inserting ‘‘directly’’ before ‘‘con-
nected to the battering or extreme’’; and 
(iii) in the third sentence, by inserting 
‘‘battery or cruelty-related’’ before ‘‘absences or 
portions of the absences’’; 
(iv) in subsection (b)(2)(C), by inserting 
‘‘directly’’ before ‘‘connected’’; 
(v) in subsection (b)(4)(A), by striking 
‘‘shall’’ and inserting ‘‘may’’; and 
(vi) in subsection (d)(1), by striking ‘‘ex-
cept in the case of an alien who applies for can-
cellation of removal under subsection (b)(2),’’. 
(6) Section 245 (8 U.S.C. 1255) is amended by redes-
ignating the subsection (l) that was added by section 
1513(f) of Public Law 106–386 as subsection (m) and in 
such redesignated subsection—
178 
(A) in paragraph (1)— 
(i) in the matter preceding subparagraph 
(A), by striking ‘‘section 212(a)(3)(E), unless 
the Attorney General determines based on af-
firmative evidence’’ and inserting ‘‘paragraph 
(2), (3), (8), (9)(A), (10)(C), (10)(D), or 
(10)(E) of section 212(a), unless the Attorney 
General determines’’; 
(ii) by striking ‘‘and’’ at the end of sub-
paragraph (A); 
(iii) by striking subparagraph (B) and in-
serting the following: 
‘‘(B) the alien has, throughout such pe-
riod, been a person of good moral character; 
and 
‘‘(C) in the opinion of the Secretary of 
Homeland Security, the alien or the alien’s 
spouse, parent, or child, who is a citizen of the 
United States or an alien lawfully admitted for 
permanent residence, would suffer extreme 
hardship.’’; 
(B) in paragraph (2), by striking ‘‘or unless an 
official involved in the investigation or prosecution 
certifies that the absence was otherwise justified’’; 
and
179 
(C) by amending paragraph (4) to read as fol-
lows: 
‘‘(4) Upon the approval of adjustment of status 
under paragraph (1) or (3), the Secretary of Home-
land Security shall record the alien’s lawful admis-
sion for permanent residence as of the date of such 
approval and the Secretary of State shall reduce by 
one the number of visas authorized to be issued 
under sections 201(d) and 203(b)(4) for the fiscal 
year then current, unless the number of remaining 
visas authorized to be issued under section 
203(b)(4) for such year is zero, in which case such 
reductions shall not be made.’’. 
SEC. 528. VOLUNTARY DEPARTURE. 
(a) IN GENERAL.—Section 240B (8 U.S.C. 1229c) 
is amended to read as follows: 
‘‘VOLUNTARY DEPARTURE 
‘‘SEC. 240B. (a) IN LIEU OF PROCEEDINGS.—The 
Secretary of Homeland Security may permit an alien vol-
untarily to depart the United States at the alien’s own 
expense under this subsection, in lieu of being subject to 
proceedings under section 240 and in lieu of applying for 
another form of relief from removal, if the alien is not 
deportable under paragraph (2)(A)(iii) or (4)(B) of section 
237(a). Permission to depart voluntarily under this sub-
section shall not be valid for a period exceeding 90 days
180 
and cannot be extended. The Secretary of Homeland Secu-
rity shall require an alien permitted to depart voluntarily 
under this subsection to post a voluntary departure bond, 
in an amount necessary to ensure that the alien will de-
part, to be surrendered upon proof that the alien has de-
parted the United States within the time specified. 
‘‘(b) PRIOR TO SCHEDULING MERITS HEARING.— 
The Secretary of Homeland Security may permit an alien 
voluntarily to depart the United States at the alien’s own 
expense under this subsection prior to the scheduling of 
the first merits hearing, in lieu of applying for another 
form of relief from removal, if the alien is not deportable 
under paragraph (2)(A)(iii) or (4)(B) of section 237(a). 
Permission to depart voluntarily under this subsection 
shall not be valid for a period exceeding 60 days and can-
not be extended. The Secretary shall require an alien per-
mitted to depart voluntarily under this subsection to post 
a voluntary departure bond, in an amount necessary to 
ensure that the alien will depart, to be surrendered upon 
proof that the alien has departed the United States within 
the time specified. 
‘‘(c) ONCE FIRST MERITS HEARING SCHEDULED.— 
‘‘(1) IN GENERAL.—Once the first merits hear-
ing has been scheduled under section 240, the Sec-
retary of Homeland Security may permit an alien
181 
voluntarily to depart the United States at the alien’s 
own expense under this subsection, in lieu of pur-
suing another form of relief from removal, if the im-
migration judge enters an order granting voluntary 
departure in lieu of removal and finds that— 
‘‘(A) the alien has been physically present 
in the United States for a period of at least one 
year immediately preceding the date the notice 
to appear was served under section 239(a); 
‘‘(B) the alien is, and has been, a person 
of good moral character for at least 5 years im-
mediately preceding the alien’s application for 
voluntary departure; 
‘‘(C) the alien is not deportable under 
paragraph (2)(A)(iii) or (4)(B) of section 
237(a); and 
‘‘(D) the alien has established by clear and 
convincing evidence that the alien has the 
means to depart the United States and intends 
to do so. 
‘‘(2) PERIOD.—Permission to depart voluntarily 
under this subsection shall not be valid for a period 
exceeding 30 days and cannot be extended. 
‘‘(3) BOND.—The Secretary of Homeland Secu-
rity shall require an alien permitted to depart volun-
182 
tarily under this subsection to post a voluntary de-
parture bond, in an amount necessary to ensure that 
the alien will depart, to be surrendered upon proof 
that the alien has departed the United States within 
the time specified. 
‘‘(d) ALIENS
NOT ELIGIBLE.—The Secretary of 
Homeland Security shall not permit an alien to depart vol-
untarily under this section if the alien was previously per-
mitted to depart voluntarily under section 244(e) or this 
section, or to voluntarily return, at any time. 
‘‘(e) CIVIL PENALTY FOR FAILURE TO DEPART.—If 
an alien is permitted to depart voluntarily under this sec-
tion and fails voluntarily to depart the United States with-
in the time period specified, the alien shall be subject to 
a civil penalty of not less than $1,000 and not more than 
$5,000, and be ineligible for a period of 10 years for any 
further relief under this section and sections 240A, 245, 
248, and 249. The order permitting the alien to depart 
voluntarily shall inform the alien of the penalties under 
this subsection. 
‘‘(f) ADDITIONAL CONDITIONS.—The Secretary of 
Homeland Security may by regulation limit eligibility for 
voluntary departure under this section for any class or 
classes of aliens. No court may review any regulation 
issued under this subsection.
183 
‘‘(g) TREATMENT
OF ALIENS ARRIVING
IN
THE 
UNITED STATES.—In the case of an alien who is arriving 
in the United States and with respect to whom pro-
ceedings under section 240 are (or would otherwise be) 
initiated at the time of such alien’s arrival, subsections 
(a) through (c) shall not apply. Nothing in this paragraph 
shall be construed as preventing such an alien from with-
drawing the application for admission in accordance with 
section 235(a)(4). 
‘‘(h) REVIEW.—There shall be no administrative or 
judicial review of a denial of a request for an order of 
voluntary departure. No court or agency shall order a stay 
of an alien’s removal pending consideration of any claim 
with respect to voluntary departure. The order permitting 
the alien to depart voluntarily shall inform the alien that 
the alien has no right to appeal any issue relating to the 
removal proceeding.’’. 
(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 aliens who are in pro-
ceedings under the Immigration and Nationality Act on 
or after such date if those proceedings have not resulted 
in a final administrative order before such date.
184 
SEC. 529. CANCELLATION OF REMOVAL. 
Section 240A(c) (8 U.S.C. 1229b(c)) is amended by 
adding at the end the following: 
‘‘(7) An alien who is inadmissible under section 
212(a)(9)(B)(i).’’. 
SEC. 530. EXPEDITED REMOVAL OF CRIMINAL ALIENS. 
(a) IN GENERAL.—Section 238 (8 U.S.C. 1228) is 
amended— 
(1) by amending the section heading to read as 
follows: ‘‘EXPEDITED
REMOVAL
OF
CRIMINAL 
ALIENS’’ 
(2) in subsection (a), by amending the sub-
section heading to read as follows: ‘‘EXPEDITED RE-
MOVAL FROM CORRECTIONAL FACILITIES.—’’; 
(3) in subsection (b), by amending the sub-
section heading to read as follows: ‘‘REMOVAL OF 
CRIMINAL ALIENS.—’’; 
(4) in subsection (b), by striking paragraphs 
(1) and (2) and inserting the following: 
‘‘(1) IN GENERAL.—The Secretary may, in the 
case of an alien described in paragraph (2), deter-
mine the deportability of such alien and issue an 
order of removal pursuant to the procedures set 
forth in this subsection or section 240. 
‘‘(2) ALIENS
DESCRIBED.—An alien is de-
scribed in this paragraph if the alien, whether or not
185 
admitted into the United States, was convicted of 
any criminal offense described in subparagraph 
(A)(iii), (C), or (D) of section 237(a)(2).’’; 
(5) in the first subsection (c) (relating to pre-
sumption of deportability), by striking ‘‘convicted of 
an aggravated felony’’ and inserting ‘‘described in 
paragraph (b)(2)’’; 
(6) by redesignating the second subsection (c) 
(relating to judicial removal) as subsection (d); and 
(7) in subsection (d)(5) (as so redesignated), 
and by striking ‘‘, who is deportable under this 
Act,’’. 
(b) 
LIMIT
ON
INJUNCTIVE
RELIEF.—Section 
242(f)(2) (8 U.S.C. 1252(f)(2)) is amended by inserting 
‘‘or stay, whether temporarily or otherwise,’’ after ‘‘en-
join’’. 
SEC. 531. SUBJECT TO THE JURISDICTION DEFINED. 
Section 101(c) (8 U.S.C. 1101(c)) is amended by 
adding at the end the following: 
‘‘(3) The term ‘subject to the jurisdiction of the 
United States’ means that, at the time of birth in 
the United States, the mother or the father of the 
child, excluding aliens classified under subparagraph 
(A) or (G) of section 101(a)(15), resided lawfully 
therein.’’.
186 
SEC. 532. CLAIMS FOR SERVICES PERFORMED BY UNAU-
THORIZED ALIENS. 
(a) IN GENERAL.—Title II (8 U.S.C. 1151 et seq.) 
is amended by inserting after section 271 the following: 
‘‘CLAIMS ARISING FROM SERVICES OF ALIENS WITHOUT 
WORK AUTHORIZATION 
‘‘SEC. 271A. (a) IN GENERAL.—It shall be unlawful 
for any person, entity or enterprise, including any em-
ployer, contractor, employee, or independent contractor, to 
claim any deduction, credit, benefit, subsidy, rebate, grant 
or other payment otherwise authorized by any provision 
of the United States Code, including the Internal Revenue 
Code, derived from compensation in any form for labor 
or personal services provided in the United States that was 
paid to or on behalf of a person, knowingly or in reckless 
disregard of the fact that such person was, at the time 
such labor or services were performed, an unauthorized 
alien (as defined in section 274A(h)(3)). 
‘‘(b) ENFORCEMENT.— 
‘‘(1) Where any claim described in subsection 
(a) made by a person, entity, or enterprise amount 
in aggregate to $50,000 or more, a right of action 
shall exist for a State or local government agency or 
a private party to recover such sums on behalf of the 
United States.
187 
‘‘(2) A complaint described in subparagraph (i) 
shall be made in writing under oath or affirmation 
to the Chief Administrative Hearing Officer of the 
Executive Office for Immigration Review. 
‘‘(3) No complaint may be filed in which all al-
leged violations occurred more than two years prior 
to the filing of the complaint. 
‘‘(4) A prevailing private party acting on behalf 
of the United States shall be awarded 25 percent 
from any sums recovered. 
‘‘(5) Adjudication of a complaint shall proceed 
under the provisions of the Administrative Procedure 
Act (5 U.S.C. 551 et seq.). 
‘‘(6) The administrative law judge may grant 
the prevailing party reasonable attorney’s fees if the 
judge determines that the opposing party’s argu-
ment was without reasonable basis in law and fact.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of the Immigration and Nationality Act is amended by in-
serting after the item relating to section 270 the following: 
‘‘270A. Claims arising from services of aliens without work authorization.’’. 
SEC. 533. RESTRICTION ON WARRANTLESS ENTRY. 
(a) IN GENERAL.—Section 287(e) (8 U.S.C. 1357(e)) 
is amended by inserting ‘‘that is an active participant in 
an employment verification system approved by the Sec-
188 
retary of Homeland Security’’ after ‘‘farm or other out-
door agricultural operation’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date described in 
section 511(b). 
TITLE VI—ELIMINATING EXCES-
SIVE REVIEW AND DILATORY 
AND 
ABUSIVE 
TACTICS 
BY 
ALIENS 
IN 
REMOVAL 
PRO-
CEEDINGS 
SEC. 601. FRIVOLOUS APPLICATIONS. 
(a) IN GENERAL.—Paragraph (6) of section 208(d) 
(8 U.S.C. 1158(d)) is amended by adding at the end the 
following new sentence: ‘‘As used in this section, the term 
‘frivolous application’ means an application that lacks a 
reasonably arguable basis either in law or in fact. If an 
alien withdraws an application for asylum and pursues an-
other benefit or form of relief under this Act, the alien 
shall bear the burden of proving by clear and convincing 
evidence, in the adjudication respecting such other benefit 
or form of relief, that such asylum application was not 
a frivolous application. If the alien fails to carry such bur-
den, the alien shall be permanently ineligible for any ben-
efit under this Act.’’.
189 
(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 applications for asylum 
pending on or after such date if the application has not 
resulted in a final administrative order before such date. 
SEC. 602. CONTINUANCES; CHANGE OF VENUE. 
(a) IN GENERAL.—Section 240(b)(1) (8 U.S.C. 
1229a(b)(1)) is amended by adding at the end the fol-
lowing: 
‘‘The immigration judge may not grant a continuance to 
permit an alien to become eligible for relief under any pro-
vision of law. In proceedings under this section or under 
section 236, the immigration judge may not grant a 
change of venue for an alien who has not been inspected 
and admitted or paroled into the United States. For all 
other aliens, the immigration judge may grant a change 
of venue only if the alien demonstrates that the alien can-
not obtain a fair proceeding in the current venue.’’. 
(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 continuances and 
changes of venue sought after such date. 
SEC. 603. BURDEN OF PROOF IN ASYLUM PROCEEDINGS. 
(a) IN GENERAL.—Section 208(b)(1) (8 U.S.C. 
1158(b)(1)) is amended—
190 
(1) by striking ‘‘(1) In general.—The Attorney 
General’’ and inserting the following: 
‘‘(1) IF ALIEN IS A REFUGEE.— 
‘‘(A) IN
GENERAL.—The Secretary of 
Homeland Security or the Attorney General’’; 
and 
(2) by adding at the end the following: 
‘‘(B) BURDEN OF PROOF.—The burden of 
proof is on the applicant for asylum to establish 
that he or she is a refugee within the meaning 
of section 101(a)(42). The testimony of the ap-
plicant, if credible, may be sufficient to sustain 
such burden without corroboration. Where it is 
reasonable to expect corroborating evidence for 
certain alleged facts pertaining to the specifics 
of an alien’s claim for asylum, such evidence 
must be provided unless a reasonable expla-
nation is given as to why such information is 
not presented.’’. 
(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 applications for asylum 
pending on or after such date if the application has not 
resulted in a final administrative order before such date.
191 
SEC. 604. REVIEW OF CONVENTION AGAINST TORTURE 
GRANTS AND DENIALS. 
(a) IN
GENERAL.—Section 241(b) (8 U.S.C. 
1231(b)) is amended by adding at the end the following 
new paragraph: 
‘‘(4) ELIMINATION OF REVIEW.—A determina-
tion as to whether the removal of an alien to any 
country should be withheld or deferred under the 
United Nations Convention Against Torture and 
Other Cruel, Inhuman, or Degrading Treatment or 
Punishment shall be made by the Secretary of 
Homeland Security. There shall be no administrative 
or judicial review of a determination of the Secretary 
under this section.’’. 
(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 applications pending 
on or after such date if the application has not resulted 
in a final administrative order before such date. 
SEC. 605. TIME LIMIT FOR DECISIONS IN ADMINISTRATIVE 
APPEALS. 
(a) IN GENERAL.—Chapter 9 of title II of the Act 
is amended by inserting after section 294 the following 
new section:
192 
‘‘RULES FOR DECISIONS IN ADMINISTRATIVE APPEALS 
‘‘SEC. 295. (a) DEADLINE.—A decision in any ad-
ministrative appeal from a decision of an immigration 
judge shall be issued not later than 180 days after the 
appeal is filed. If the appeal is not decided before such 
deadline, the decision of the immigration judge shall be 
final, unless the Attorney General certifies the decision for 
review. 
‘‘(b) STANDARD OF REVIEW.—In any administrative 
appeal from a decision of an immigration judge, such 
judge’s determinations of factual issues, including findings 
as to the credibility of testimony, shall be accepted unless 
they are clearly erroneous.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of the Immigration and Nationality Act is amended by in-
serting after the item relating to section 294 the following: 
‘‘295. Rules for decisions in administrative appeals.’’. 
(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 decisions appealed on or 
after such date. 
SEC. 606. REVIEW OF ASYLUM CLAIMS. 
(a) JUDICIAL REVIEW.— 
(1) IN GENERAL.—Section 208 (8 U.S.C. 1158) 
is amended by adding at the end the following:
193 
‘‘(e) LIMITATION ON JUDICIAL REVIEW.—No court 
shall have jurisdiction to review any decision of the Sec-
retary of Homeland Security or the Attorney General 
under this section.’’. 
(2) CONFORMING AMENDMENTS.—Section 242 
(8 U.S.C 1252) is amended— 
(A) in subsection (a)(2)(B)(i), by inserting 
‘‘208,’’ before ‘‘212(h),’’; 
(B) in subsection (a)(2)(B)(ii), by striking 
‘‘General,’’ and all that follows through the pe-
riod at the end and inserting ‘‘General.’’; and 
(C) in subsection (b)(4)— 
(i) in subparagraph (B), by adding 
‘‘and’’ at the end; 
(ii) in subparagraph (C), by striking 
‘‘, and’’ at the end and inserting a period; 
and 
(iii) by striking subparagraph (D). 
(b) LIMITATION
ON
ASYLUM
OFFICE.—Section 
208(d) (8 U.S.C. 1158(d)) is amended by adding at the 
end the following: 
‘‘(8) OTHER PROCEDURAL MATTERS.— 
‘‘(A) DETERMINATION
OF
LAWFUL
STA-
TUS.—
194 
‘‘(i) IN GENERAL.—In the case of an 
alien who is physically present in the 
United States and who has applied to the 
Secretary of Homeland Security for asy-
lum, the Secretary shall determine whether 
the alien is inadmissible or deportable be-
fore the Secretary prepares to schedule the 
applicant for an asylum interview. If the 
Secretary determines that the alien is not 
inadmissible or deportable, the Secretary 
shall adjudicate the asylum application and 
render a decision granting or denying asy-
lum. If the Secretary determines that the 
alien is inadmissible or deportable before 
the Secretary prepares to schedule an 
interview, the Secretary shall place the 
alien in removal proceedings without adju-
dicating the asylum application. The alien 
may then pursue such application in such 
proceedings. 
‘‘(ii) REVIEW OF DETERMINATIONS.— 
If an alien’s asylum application has been 
denied by the Secretary, in any administra-
tive or judicial appeal from such denial, 
the Secretary’s determinations of factual
195 
issues, including findings as to the credi-
bility of testimony, shall be accepted into 
evidence. 
‘‘(B) RECORDING
OF
INTERVIEWS.—The 
Secretary shall record asylum interviews and in-
clude any such recording in the applicant’s file 
and record of proceedings.’’. 
(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 decisions rendered on or 
after such date. 
SEC. 607. JUDICIAL REVIEW. 
(a) ORDERS AGAINST CRIMINAL ALIENS.—Subpara-
graph (C) of section 242(a)(2) (8 U.S.C. 1252(a)(2)) is 
amended— 
(1) by striking ‘‘no court shall have jurisdic-
tion’’ and inserting ‘‘including section 2241 of title 
28, United States Code, no court shall have jurisdic-
tion, except as provided in this section,’’; and 
(2) by adding at the end the following: ‘‘Such 
review shall be limited to constitutional challenges or 
statutory claims involving pure issues of law,’’. 
(b) VENUE FOR REVIEW OF ORDERS OF REMOVAL.— 
Section 242(b)(2) (8 U.S.C. 1252(b)(2)) is amended by 
striking ‘‘with the court of appeals for the judicial circuit
196 
in which the immigration judge completed the pro-
ceedings.’’ and inserting ‘‘with the United States Court 
of Appeals for the District of Columbia Circuit.’’. 
(c) FEDERAL CIRCUIT COURT APPEALS.— 
(1) IN GENERAL.—Title I of the Act is amend-
ed by inserting after section 105 the following: 
‘‘RULES FOR DECISIONS IN ADMINISTRATIVE APPEALS 
‘‘SEC. 106. 
Notwithstanding any other provision of law, the final 
order of a district court of the United States in any pro-
ceeding under this Act, or under any other immigration 
law of the United States, shall be subject to review, on 
appeal, by the United States Court of Appeals for the Dis-
trict of Columbia Circuit. There shall be no right of appeal 
in such proceedings to any other circuit court of appeals. 
The law applied by the Supreme Court, and the United 
States Court of Appeals for the District of Columbia Cir-
cuit, shall be regarded as the rule of decision in any pro-
ceeding under this Act.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents of the Immigration and Nationality Act is 
amended by inserting after the item relating to sec-
tion 105 the following: 
‘‘106. Federal circuit court appeals.’’.
197 
TITLE 
VII—EMERGENCY 
IMMI-
GRATION WORKLOAD REDUC-
TION 
SEC. 701. CONGRESSIONAL FINDINGS. 
The Congress finds as follows: 
(1) The effective establishment and organiza-
tion of the Directorate of Border and Transpor-
tation Security of the Department of Homeland Se-
curity is imperative if the Directorate is to carry out 
the immigration enforcement and immigration serv-
ices responsibilities delegated to it by the Congress 
in the manner expected by the American people. 
(2) The effective implementation of these duties 
will not be achieved without an unacceptable com-
promise to the security interests of the United 
States unless certain visa programs are temporarily 
suspended, and other material assistance is provided 
to law enforcement agencies and other entities that 
support the immigration enforcement functions of 
the Directorate, until such time as the Secretary of 
Homeland Security can make the certifications to 
Congress required in section 708. 
(3) Such certifications, taken together, will es-
tablish the effective operational transfer of immigra-
tion enforcement functions to the new Directorate.