I 
116TH CONGRESS 
1ST SESSION 
H. R. 574 
To clarify standards of family detention and the treatment of unaccompanied 
alien children, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 15, 2019 
Mr. MEADOWS introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committees on Foreign 
Affairs, and Homeland Security, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To clarify standards of family detention and the treatment 
of unaccompanied alien children, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Equal Protection of Unaccompanied Minors Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—UNACCOMPANIED ALIEN CHILDREN; INTERIOR 
IMMIGRATION ENFORCEMENT 
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Sec. 1101. Repatriation of unaccompanied alien children. 
Sec. 1102. Clarification of standards for family detention. 
Sec. 1103. Detention of dangerous aliens. 
Sec. 1104. Definition of aggravated felony. 
Sec. 1105. Crime of violence. 
Sec. 1106. Grounds of inadmissibility and deportability for alien gang members. 
Sec. 1107. Special immigrant juvenile status for immigrants unable to reunite 
with either parent. 
Sec. 1108. Clarification of authority regarding determinations of convictions. 
Sec. 1109. Adding attempt and conspiracy to commit terrorism-related inadmis-
sibility grounds acts to the definition of engaging in terrorist 
activity. 
Sec. 1110. Clarifying the authority of ice detainers. 
Sec. 1111. Department of Homeland Security access to crime information data-
bases. 
Sec. 1112. Clarification of congressional intent. 
TITLE II—ASYLUM REFORM 
Sec. 2101. Credible fear interviews. 
Sec. 2102. Jurisdiction of asylum applications. 
Sec. 2103. Recording expedited removal and credible fear interviews. 
Sec. 2104. Safe third country. 
Sec. 2105. Renunciation of asylum status pursuant to return to home country. 
Sec. 2106. Notice concerning frivolous asylum applications. 
Sec. 2107. Anti-fraud investigative work product. 
Sec. 2108. Penalties for asylum fraud. 
Sec. 2109. Statute of limitations for asylum fraud. 
Sec. 2110. Technical amendments. 
TITLE III—IMMIGRATION JUDGES, FACILITIES, AND PERSONNEL 
Sec. 3101. Facilities for asylum applicants who retain custody of a child. 
Sec. 3102. Increasing the number of authorized immigration judges. 
Sec. 3103. Increasing the number of available Department of Homeland Secu-
rity employees. 
Sec. 3104. Definitions. 
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TITLE 
I—UNACCOMPANIED 
ALIEN CHILDREN; INTERIOR 
IMMIGRATION 
ENFORCE-
MENT 
SEC. 1101. REPATRIATION OF UNACCOMPANIED ALIEN 
CHILDREN. 
(a) IN GENERAL.—Section 235 of the William Wil-
berforce Trafficking Victims Protection Reauthorization 
Act of 2008 (8 U.S.C. 1232) is amended— 
(1) in subsection (a)— 
(A) in paragraph (2)— 
(i) by amending the heading to read 
as follows: ‘‘RULES FOR UNACCOMPANIED 
ALIEN CHILDREN.—’’; 
(ii) in subparagraph (A)— 
(I) in the matter preceding clause 
(i), by striking ‘‘who is a national or 
habitual resident of a country that is 
contiguous with the United States’’; 
(II) in clause (i), by inserting 
‘‘and’’ at the end; 
(III) in clause (ii), by striking ‘‘; 
and’’ and inserting a period; and 
(IV) by striking clause (iii); 
(iii) in subparagraph (B)— 
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(I) in the matter preceding clause 
(i), by striking ‘‘(8 U.S.C. 1101 et 
seq.) 
may—’’ 
and 
inserting 
‘‘(8 
U.S.C. 1101 et seq.)—’’; 
(II) in clause (i), by inserting be-
fore ‘‘permit such child to withdraw’’ 
the following: ‘‘may’’; and 
(III) in clause (ii), by inserting 
before ‘‘return such child’’ the fol-
lowing: ‘‘shall’’; and 
(iv) in subparagraph (C)— 
(I) by amending the heading to 
read as follows: ‘‘AGREEMENTS WITH 
FOREIGN COUNTRIES.—’’; and 
(II) in the matter preceding 
clause (i), by striking ‘‘The Secretary 
of State shall negotiate agreements 
between the United States and coun-
tries contiguous to the United States’’ 
and inserting ‘‘The Secretary of State 
may negotiate agreements between the 
United States and any foreign country 
that the Secretary determines appro-
priate’’; 
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(B) 
by 
redesignating 
paragraphs 
(3) 
through (5) as paragraphs (4) through (6), re-
spectively, and inserting after paragraph (2) the 
following: 
‘‘(3) SPECIAL RULES FOR INTERVIEWING UNAC-
COMPANIED ALIEN CHILDREN.—An unaccompanied 
alien child shall be interviewed by a dedicated U.S. 
Citizenship and Immigration Services immigration 
officer with specialized training in interviewing child 
trafficking victims. Such officer shall be in plain 
clothes and shall not carry a weapon. The interview 
shall occur in a private room.’’; and 
(C) in paragraph (6)(D) (as so redesig-
nated)— 
(i) in the matter preceding clause (i), 
by striking ‘‘, except for an unaccompanied 
alien child from a contiguous country sub-
ject to exceptions under subsection (a)(2),’’ 
and inserting ‘‘who does not meet the cri-
teria listed in paragraph (2)(A)’’; and 
(ii) in clause (i), by inserting before 
the semicolon at the end the following: ‘‘, 
which shall include a hearing before an im-
migration judge not later than 14 days 
after being screened under paragraph (4)’’; 
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termining that such child is an unaccompanied 
alien child who meets such criteria.’’; and 
(3) in subsection (c)— 
(A) in paragraph (3), by inserting at the 
end the following: 
‘‘(D) INFORMATION
ABOUT
INDIVIDUALS 
WITH WHOM CHILDREN ARE PLACED.— 
‘‘(i) INFORMATION TO BE PROVIDED 
TO HOMELAND SECURITY.—Before placing 
a child with an individual, the Secretary of 
Health and Human Services shall provide 
to the Secretary of Homeland Security, re-
garding the individual with whom the child 
will be placed, the following information: 
‘‘(I) The name of the individual. 
‘‘(II) The social security number 
of the individual, if available. 
‘‘(III) The date of birth of the in-
dividual. 
‘‘(IV) The location of the individ-
ual’s residence where the child will be 
placed. 
‘‘(V) The immigration status of 
the individual, if known. 
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‘‘(VI) Contact information for 
the individual. 
‘‘(ii) SPECIAL RULE.—In the case of a 
child who was apprehended on or after the 
effective date of this clause, and before the 
date of the enactment of this subpara-
graph, who the Secretary of Health and 
Human Services placed with an individual, 
the Secretary shall provide the information 
listed in clause (i) to the Secretary of 
Homeland Security not later than 90 days 
after such date of enactment. 
‘‘(iii) ACTIVITIES OF SECRETARY OF 
HOMELAND SECURITY.—Not later than 30 
days after receiving the information listed 
in clause (i), the Secretary of Homeland 
Security shall— 
‘‘(I) in the case that the immi-
gration status of an individual with 
whom a child is placed is unknown, 
investigate the immigration status of 
that individual; and 
‘‘(II) upon determining that an 
individual with whom a child is placed 
is unlawfully present in the United 
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States, initiate removal proceedings 
pursuant to chapter 4 of title II of the 
Immigration and Nationality Act (8 
U.S.C. 1221 et seq.).’’; and 
(B) in paragraph (5)— 
(i) by inserting ‘‘(at no expense to the 
Government)’’ after ‘‘to the greatest extent 
practicable’’; and 
(ii) by striking ‘‘have counsel to rep-
resent them’’ and inserting ‘‘have access to 
counsel to represent them’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply to any unauthorized alien child ap-
prehended on or after the date of enactment. 
SEC. 1102. CLARIFICATION OF STANDARDS FOR FAMILY DE-
TENTION. 
(a) IN GENERAL.—Section 235 of the William Wil-
berforce Trafficking Victims Protection Reauthorization 
Act of 2008 (8 U.S.C. 1232) is amended by adding at 
the end the following: 
‘‘(j) CONSTRUCTION.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, judicial determination, consent de-
cree, or settlement agreement, the detention of any 
alien child who is not an unaccompanied alien child 
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shall be governed by sections 217, 235, 236, and 
241 of the Immigration and Nationality Act (8 
U.S.C. 1187, 1225, 1226, and 1231). There exists 
no presumption that an alien child who is not an un-
accompanied alien child should not be detained, and 
all such determinations shall be in the discretion of 
the Secretary of Homeland Security. 
‘‘(2) RELEASE OF MINORS OTHER THAN UNAC-
COMPANIED ALIENS.—In no circumstances shall an 
alien minor who is not an unaccompanied alien child 
be released by the Secretary of Homeland Security 
other than to a parent or legal guardian. 
‘‘(3) FAMILY
DETENTION.—The Secretary of 
Homeland Security shall— 
‘‘(A) maintain the care and custody of an 
alien, during the period which the charges de-
scribed in clause (i) are pending, who— 
‘‘(i) is charged only with a mis-
demeanor offense under section 275(a) of 
the Immigration and Nationality Act (8 
U.S.C. 1325(a)); and 
‘‘(ii) entered the United States with 
the alien’s child who has not attained 18 
years of age; and 
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‘‘(B) detain the alien with the alien’s 
child.’’. 
(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 all actions that occur 
before, on, or after the date of the enactment of this Act. 
(c) PREEMPTION OF STATE LICENSING REQUIRE-
MENTS.—Notwithstanding any other provision of law, ju-
dicial determination, consent decree, or settlement agree-
ment, no State may require that an immigration detention 
facility used to detain children who have not attained 18 
years of age, families consisting of one or more such chil-
dren and the parents or legal guardians of such children, 
that is located in that State, be licensed by the State or 
any political subdivision thereof. 
SEC. 1103. DETENTION OF DANGEROUS ALIENS. 
Section 241(a) of the Immigration and Nationality 
Act (8 U.S.C. 1231(a)) is amended— 
(1) by striking ‘‘Attorney General’’ each place 
it appears, except for the first reference in para-
graph (4)(B)(i), and inserting ‘‘Secretary of Home-
land Security’’; 
(2) in paragraph (1), by amending subpara-
graph (B) to read as follows: 
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‘‘(B) BEGINNING
OF
PERIOD.—The re-
moval period begins on the latest of the fol-
lowing: 
‘‘(i) The date the order of removal be-
comes administratively final. 
‘‘(ii) If the alien is not in the custody 
of the Secretary on the date the order of 
removal becomes administratively final, the 
date the alien is taken into such custody. 
‘‘(iii) If the alien is detained or con-
fined (except under an immigration proc-
ess) on the date the order of removal be-
comes administratively final, the date the 
alien is taken into the custody of the Sec-
retary, after the alien is released from such 
detention or confinement.’’; 
(3) in paragraph (1), by amending subpara-
graph (C) to read as follows: 
‘‘(C) SUSPENSION OF PERIOD.— 
‘‘(i) EXTENSION.—The removal period 
shall be extended beyond a period of 90 
days and the Secretary may, in the Sec-
retary’s sole discretion, keep the alien in 
detention during such extended period if— 
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‘‘(I) the alien fails or refuses to 
make all reasonable efforts to comply 
with the removal order, or to fully co-
operate with the Secretary’s efforts to 
establish the alien’s identity and carry 
out the removal order, including mak-
ing timely application in good faith 
for travel or other documents nec-
essary to the alien’s departure or con-
spires or acts to prevent the alien’s 
removal that is subject to an order of 
removal; 
‘‘(II) a court, the Board of Immi-
gration Appeals, or an immigration 
judge orders a stay of removal of an 
alien who is subject to an administra-
tively final order of removal; 
‘‘(III) the Secretary transfers 
custody of the alien pursuant to law 
to another Federal agency or a State 
or local government agency in connec-
tion with the official duties of such 
agency; or 
‘‘(IV) a court or the Board of 
Immigration Appeals orders a remand 
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to an immigration judge or the Board 
of Immigration Appeals, during the 
time period when the case is pending 
a decision on remand (with the re-
moval period beginning anew on the 
date that the alien is ordered removed 
on remand). 
‘‘(ii) RENEWAL.—If the removal pe-
riod has been extended under subpara-
graph (C)(i), a new removal period shall be 
deemed to have begun on the date— 
‘‘(I) the alien makes all reason-
able efforts to comply with the re-
moval order, or to fully cooperate with 
the Secretary’s efforts to establish the 
alien’s identity and carry out the re-
moval order; 
‘‘(II) the stay of removal is no 
longer in effect; or 
‘‘(III) the alien is returned to the 
custody of the Secretary. 
‘‘(iii) MANDATORY
DETENTION
FOR 
CERTAIN ALIENS.—In the case of an alien 
described in subparagraphs (A) through 
(D) of section 236(c)(1), the Secretary 
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shall keep that alien in detention during 
the extended period described in clause (i). 
‘‘(iv) SOLE
FORM
OF
RELIEF.—An 
alien may seek relief from detention under 
this subparagraph only by filing an appli-
cation for a writ of habeas corpus in ac-
cordance with chapter 153 of title 28, 
United States Code. No alien whose period 
of detention is extended under this sub-
paragraph shall have the right to seek re-
lease on bond.’’; 
(4) in paragraph (3)— 
(A) by adding after ‘‘If the alien does not 
leave or is not removed within the removal pe-
riod’’ the following: ‘‘or is not detained pursu-
ant to paragraph (6) of this subsection’’; and 
(B) by striking subparagraph (D) and in-
serting the following: 
‘‘(D) to obey reasonable restrictions on the 
alien’s conduct or activities that the Secretary 
prescribes for the alien, in order to prevent the 
alien from absconding, for the protection of the 
community, or for other purposes related to the 
enforcement of the immigration laws.’’; 
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(5) in paragraph (4)(A), by striking ‘‘paragraph 
(2)’’ and inserting ‘‘subparagraph (B)’’; and 
(6) by striking paragraph (6) and inserting the 
following: 
‘‘(6) ADDITIONAL RULES FOR DETENTION OR 
RELEASE OF CERTAIN ALIENS.— 
‘‘(A) DETENTION
REVIEW
PROCESS
FOR 
COOPERATIVE ALIENS ESTABLISHED.—For an 
alien who is not otherwise subject to mandatory 
detention, who has made all reasonable efforts 
to comply with a removal order and to cooper-
ate fully with the Secretary of Homeland Secu-
rity’s efforts to establish the alien’s identity and 
carry out the removal order, including making 
timely application in good faith for travel or 
other documents necessary to the alien’s depar-
ture, and who has not conspired or acted to 
prevent removal, the Secretary shall establish 
an administrative review process to determine 
whether the alien should be detained or released 
on conditions. The Secretary shall make a de-
termination whether to release an alien after 
the removal period in accordance with subpara-
graph (B). The determination shall include con-
sideration of any evidence submitted by the 
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alien, and may include consideration of any 
other evidence, including any information or as-
sistance provided by the Secretary of State or 
other Federal official and any other information 
available to the Secretary of Homeland Security 
pertaining to the ability to remove the alien. 
‘‘(B) AUTHORITY TO DETAIN BEYOND RE-
MOVAL PERIOD.— 
‘‘(i) IN GENERAL.—The Secretary of 
Homeland Security, in the exercise of the 
Secretary’s sole discretion, may continue to 
detain an alien for 90 days beyond the re-
moval period (including any extension of 
the removal period as provided in para-
graph (1)(C)). An alien whose detention is 
extended under this subparagraph shall 
have no right to seek release on bond. 
‘‘(ii) SPECIFIC CIRCUMSTANCES.—The 
Secretary of Homeland Security, in the ex-
ercise of the Secretary’s sole discretion, 
may continue to detain an alien beyond the 
90 days authorized in clause (i)— 
‘‘(I) until the alien is removed, if 
the Secretary, in the Secretary’s sole 
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discretion, determines that there is a 
significant likelihood that the alien— 
‘‘(aa) will be removed in the 
reasonably foreseeable future; or 
‘‘(bb) would be removed in 
the reasonably foreseeable future, 
or would have been removed, but 
for the alien’s failure or refusal 
to make all reasonable efforts to 
comply with the removal order, 
or to cooperate fully with the 
Secretary’s efforts to establish 
the alien’s identity and carry out 
the 
removal 
order, 
including 
making 
timely 
application 
in 
good faith for travel or other doc-
uments necessary to the alien’s 
departure, or conspires or acts to 
prevent removal; 
‘‘(II) until the alien is removed, 
if the Secretary of Homeland Security 
certifies in writing— 
‘‘(aa) in consultation with 
the Secretary of Health and 
Human Services, that the alien 
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has a highly contagious disease 
that poses a threat to public safe-
ty; 
‘‘(bb) after receipt of a writ-
ten recommendation from the 
Secretary of State, that release 
of the alien is likely to have seri-
ous adverse foreign policy con-
sequences for the United States; 
‘‘(cc) based on information 
available to the Secretary of 
Homeland 
Security 
(including 
classified, sensitive, or national 
security information, and without 
regard to the grounds upon 
which the alien was ordered re-
moved), that there is reason to 
believe that the release of the 
alien would threaten the national 
security of the United States; or 
‘‘(dd) that the release of the 
alien will threaten the safety of 
the community or any person, 
conditions of release cannot rea-
sonably be expected to ensure the 
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safety of the community or any 
person, and either (AA)— 
‘‘(AA) the alien has 
been convicted of (aaa) one 
or more aggravated felonies 
(as 
defined 
in 
section 
101(a)(43)(A)), (bbb) one or 
more crimes identified by 
the Secretary of Homeland 
Security by regulation, if the 
aggregate term of imprison-
ment for such crimes is at 
least 5 years, or (ccc) one or 
more attempts or conspir-
acies to commit any such 
aggravated felonies or such 
identified crimes, if the ag-
gregate term of imprison-
ment for such attempts or 
conspiracies is at least 5 
years; or 
‘‘(BB) the alien has 
committed one or more vio-
lent crimes (as referred to in 
section 101(a)(43)(F), but 
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not including a purely polit-
ical offense) and, because of 
a mental condition or per-
sonality disorder and behav-
ior associated with that con-
dition or disorder, the alien 
is likely to engage in acts of 
violence in the future; or 
‘‘(III) pending a certification 
under subclause (II), so long as the 
Secretary of Homeland Security has 
initiated the administrative review 
process not later than 30 days after 
the expiration of the removal period 
(including any extension of the re-
moval period, as provided in para-
graph (1)(C)). 
‘‘(iii) NO RIGHT TO BOND HEARING.— 
An alien whose detention is extended under 
this subparagraph shall have no right to 
seek release on bond, including by reason 
of a certification under clause (ii)(II). 
‘‘(C) RENEWAL AND DELEGATION OF CER-
TIFICATION.— 
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‘‘(i) RENEWAL.—The Secretary of 
Homeland Security may renew a certifi-
cation 
under 
subparagraph 
(B)(ii)(II) 
every 6 months, after providing an oppor-
tunity for the alien to request reconsider-
ation of the certification and to submit 
documents or other evidence in support of 
that request. If the Secretary does not 
renew a certification, the Secretary may 
not continue to detain the alien under sub-
paragraph (B)(ii)(II). 
‘‘(ii) DELEGATION.—Notwithstanding 
section 103, the Secretary of Homeland 
Security may not delegate the authority to 
make or renew a certification described in 
item (bb), (cc), or (dd) of subparagraph 
(B)(ii)(II) below the level of the Director 
of Immigration and Customs Enforcement. 
‘‘(iii) HEARING.—The Secretary of 
Homeland Security may request that the 
Attorney General or the Attorney General’s 
designee provide for a hearing to make the 
determination described in item (dd)(BB) 
of subparagraph (B)(ii)(II). 
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‘‘(D) RELEASE ON CONDITIONS.—If it is 
determined that an alien should be released 
from detention by a Federal court, the Board of 
Immigration Appeals, or if an immigration 
judge orders a stay of removal, the Secretary of 
Homeland Security, in the exercise of the Sec-
retary’s discretion, may impose conditions on 
release as provided in paragraph (3). 
‘‘(E) REDETENTION.—The Secretary of 
Homeland Security, in the exercise of the Sec-
retary’s discretion, without any limitations 
other than those specified in this section, may 
again detain any alien subject to a final re-
moval order who is released from custody, if re-
moval becomes likely in the reasonably foresee-
able future, the alien fails to comply with the 
conditions of release, or to continue to satisfy 
the conditions described in subparagraph (A), 
or if, upon reconsideration, the Secretary, in 
the Secretary’s sole discretion, determines that 
the alien can be detained under subparagraph 
(B). This section shall apply to any alien re-
turned to custody pursuant to this subpara-
graph, as if the removal period terminated on 
the day of the redetention. 
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‘‘(F) REVIEW
OF
DETERMINATIONS
BY 
SECRETARY.—A determination by the Secretary 
under this paragraph shall not be subject to re-
view by any other agency.’’. 
SEC. 1104. DEFINITION OF AGGRAVATED FELONY. 
(a) IN GENERAL.—Section 101(a)(43) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(43)) is 
amended to read as follows: 
‘‘(43) Notwithstanding any other provision of 
law, the term ‘aggravated felony’ means any offense, 
whether in violation of Federal, State, or foreign 
law, that is described in this paragraph. An offense 
described in this paragraph is— 
‘‘(A) homicide (including murder in any 
degree, manslaughter, and vehicular man-
slaughter), rape (whether the victim was con-
scious or unconscious), statutory rape, sexual 
assault or battery, or any offense of a sexual 
nature involving an intended victim under the 
age of 18 years (including offenses in which the 
intended victim was a law enforcement officer); 
‘‘(B)(i) illicit trafficking in a controlled 
substance (as defined in section 102 of the Con-
trolled Substances Act), including a drug traf-
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ficking crime (as defined in section 924(c) of 
title 18, United States Code); or 
‘‘(ii) any offense under State law relating 
to a controlled substance (as so classified under 
State law) which is classified as a felony in that 
State regardless of whether the substance is 
classified as a controlled substance under sec-
tion 102 of the Controlled Substances Act (21 
U.S.C. 802); 
‘‘(C) illicit trafficking in firearms or de-
structive devices (as defined in section 921 of 
title 18, United States Code) or in explosive 
materials (as defined in section 841(c) of that 
title); 
‘‘(D) an offense described in section 1956 
of title 18, United States Code (relating to 
laundering of monetary instruments) or section 
1957 of that title (relating to engaging in mon-
etary transactions in property derived from spe-
cific unlawful activity) if the amount of the 
funds exceeded $10,000; 
‘‘(E) an offense described in— 
‘‘(i) section 842 or 844 of title 18, 
United States Code (relating to explosive 
materials offenses); 
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‘‘(ii) section 922 or 924 of title 18, 
United States Code (relating to firearms 
offenses); or 
‘‘(iii) section 5861 of the Internal 
Revenue Code of 1986 (relating to fire-
arms offenses); 
‘‘(F) a violent crime for which the term of 
imprisonment is at least 1 year, including— 
‘‘(i) any offense that has an element 
the use, attempted use, or threatened use 
of physical force against the person or 
property of another; or 
‘‘(ii) any other offense in which the 
record of conviction establishes that the of-
fender used physical force against the per-
son or property of another in the course of 
committing the offense; 
‘‘(G)(i) theft (including theft by deceit, 
theft by fraud, embezzlement, motor vehicle 
theft, unauthorized use of a vehicle, or receipt 
of stolen property), regardless of whether the 
intended deprivation was temporary or perma-
nent, for which the term of imprisonment is at 
least 1 year; or 
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‘‘(ii) burglary for which the term of impris-
onment is at least 1 year; 
‘‘(H) an offense described in section 875, 
876, 877, or 1202 of title 18, United States 
Code (relating to the demand for or receipt of 
ransom); 
‘‘(I) an offense involving child pornography 
or sexual exploitation of a minor (including any 
offense described in section 2251, 2251A, or 
2252 of title 18, United States Code); 
‘‘(J) an offense described in section 1962 
of title 18, United States Code (relating to 
racketeer influenced corrupt organizations), or 
an offense described in section 1084 (if it is a 
second or subsequent offense) or 1955 of that 
title (relating to gambling offenses); 
‘‘(K) an offense that— 
‘‘(i) relates to the owning, controlling, 
managing, or supervising of a prostitution 
business; 
‘‘(ii) is described in section 2421, 
2422, or 2423 of title 18, United States 
Code (relating to transportation for the 
purpose of prostitution) if committed for 
commercial advantage; or 
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‘‘(iii) is described in any of sections 
1581–1585 or 1588–1591 of title 18, 
United States Code (relating to peonage, 
slavery, involuntary servitude, and traf-
ficking in persons); 
‘‘(L) an offense described in— 
‘‘(i) section 793 (relating to gathering 
or transmitting national defense informa-
tion), 798 (relating to disclosure of classi-
fied information), 2153 (relating to sabo-
tage) or 2381 or 2382 (relating to treason) 
of title 18, United States Code; 
‘‘(ii) section 601 of the National Secu-
rity Act of 1947 (50 U.S.C. 421) (relating 
to protecting the identity of undercover in-
telligence agents); 
‘‘(iii) section 601 of the National Se-
curity Act of 1947 (relating to protecting 
the identity of undercover agents); 
‘‘(iv) section 175 (relating to biologi-
cal weapons) of title 18, United States 
Code; 
‘‘(v) sections 792 (harboring or con-
cealing persons who violated sections 793 
or 794 of title 18, United States Code), 
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794 (gathering or delivering defense infor-
mation to aid foreign government), 795 
(photographing and sketching defense in-
stallations), 796 (use of aircraft for 
photographing defense installations), 797 
(publication and sale of photographs of de-
fense installations), 799 (violation of 
NASA regulations for protection of facili-
ties) of title 18, United States Code; 
‘‘(vi) sections 831 (prohibited trans-
actions involving nuclear materials) and 
832 (participation in nuclear and weapons 
of mass destruction threats to the United 
States) of title 18, United States Code; 
‘‘(vii) sections 2332a–d, f–h (relating 
to terrorist activities) of title 18, United 
States Code; 
‘‘(viii) sections 2339 (relating to har-
boring or concealing terrorists), 2339A (re-
lating to material support to terrorists), 
2339B (relating to material support or re-
sources to designated foreign terrorist or-
ganizations), 2339C (relating to financing 
of terrorism), 2339D (relating to receiving 
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military-type training from a terrorist or-
ganization) of title 18, United States Code; 
‘‘(ix) section 1705 of the International 
Emergency Economic Powers Act (50 
U.S.C. 1705); or 
‘‘(x) section 38 of the Arms Export 
Control Act (22 U.S.C. 2778); 
‘‘(M) an offense that— 
‘‘(i) involves fraud or deceit in which 
the loss to the victim or victims exceeds 
$10,000; or 
‘‘(ii) is described in section 7201 of 
the Internal Revenue Code of 1986 (relat-
ing to tax evasion) in which the revenue 
loss to the Government exceeds $10,000; 
‘‘(N) an offense described in section 274(a) 
(relating to alien smuggling); 
‘‘(O) an offense described in section 275 or 
276 for which the term of imprisonment is at 
least 1 year; 
‘‘(P) an offense which is described in chap-
ter 75 of title 18, United States Code, and for 
which the term of imprisonment is at least 1 
year; 
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‘‘(Q) an offense relating to a failure to ap-
pear by a defendant for service of sentence if 
the underlying offense is punishable by impris-
onment for a term of 5 years or more; 
‘‘(R) an offense relating to commercial 
bribery, counterfeiting, forgery, or trafficking in 
vehicles the identification numbers of which 
have been altered for which the term of impris-
onment is at least one year; 
‘‘(S) an offense relating to obstruction of 
justice, perjury or subornation of perjury, or 
bribery of a witness; 
‘‘(T) an offense relating to a failure to ap-
pear before a court pursuant to a court order 
to answer to or dispose of a charge of a felony 
for which a sentence of 2 years’ imprisonment 
or more may be imposed; 
‘‘(U) any offense for which the term of im-
prisonment imposed was 2 years or more; 
‘‘(V) an offense relating to terrorism or 
national security (including a conviction for a 
violation of any provision of chapter 113B of 
title 18, United States Code; 
‘‘(W)(i) a single conviction for driving 
while intoxicated (including a conviction for 
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driving while under the influence of or impair-
ment by alcohol or drugs), when such impaired 
driving was a cause of the serious bodily injury 
or death of another person; or 
‘‘(ii) a second or subsequent conviction for 
driving while intoxicated (including a conviction 
for driving under the influence of or impaired 
by alcohol or drugs); or 
‘‘(X) an attempt or conspiracy to commit 
an offense described in this paragraph or aid-
ing, abetting, counseling, procuring, com-
manding, inducing, facilitating, or soliciting the 
commission of such an offense. 
Any determinations under this paragraph shall be 
made on the basis of the record of conviction. For 
purposes of this paragraph, a person shall be consid-
ered to have committed an aggravated felony if that 
person has been convicted for 3 or more mis-
demeanors not arising out the traffic laws (except 
for any conviction for driving under the influence or 
an offense that results in the death or serious bodily 
injury of another person) or felonies for which the 
aggregate term of imprisonment imposed was 3 
years or more, regardless of whether the convictions 
were all entered pursuant to a single trial or the of-
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fenses arose from a single pattern or scheme of con-
duct.’’. 
(b) EFFECTIVE DATE; APPLICATION
OF AMEND-
MENTS.— 
(1) IN GENERAL.—The amendments made by 
subsection (a)— 
(A) shall take effect on the date of the en-
actment of this Act; and 
(B) shall apply to any act or conviction 
that occurred before, on, or after such date. 
(2) APPLICATION
OF
IIRIRA
AMENDMENTS.— 
The amendments to section 101(a)(43) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(43)) 
made by section 321 of the Illegal Immigration Re-
form and Immigrant Responsibility Act of 1996 (di-
vision C of Public Law 104–208; 110 Stat. 3009– 
627) shall continue to apply, whether the conviction 
was entered before, on, or after September 30, 1996. 
SEC. 1105. CRIME OF VIOLENCE. 
Section 16 of title 18, United States Code, is amend-
ed to read as follows: 
‘‘§ 16. Crime of violence defined 
‘‘(a) The term ‘crime of violence’ means an offense 
that— 
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‘‘(1)(A) is murder, voluntary manslaughter, as-
sault, sexual abuse or aggravated sexual abuse, abu-
sive sexual contact, child abuse, kidnapping, robbery, 
carjacking, firearms use, burglary, arson, extortion, 
communication of threats, coercion, unauthorized 
use of a vehicle, fleeing, interference with flight crew 
members and attendants, domestic violence, hostage 
taking, stalking, human trafficking, or using weap-
ons of mass destruction; or 
‘‘(B) involves use or unlawful possession of ex-
plosives or destructive devices described in 5845(f) 
of the Internal Revenue Code of 1986; 
‘‘(2) has as an element the use, attempted use, 
or threatened use of physical force against the per-
son or property of another; or 
‘‘(3) is an attempt to commit, conspiracy to 
commit, solicitation to commit, or aiding and abet-
ting any of the offenses set forth in paragraphs (1) 
and (2). 
‘‘(b) In this section: 
‘‘(1) The term ‘abusive sexual contact’ means 
conduct described in section 2244(a)(1) and (a)(2). 
‘‘(2) The terms ‘aggravated sexual abuse’ and 
‘sexual abuse’ mean conduct described in sections 
2241 and 2242. For purposes of such conduct, the 
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term ‘sexual act’ means conduct described in section 
2246(2), or the knowing and lewd exposure of geni-
talia or masturbation, to any person, with an intent 
to abuse, humiliate, harass, degrade, or arouse or 
gratify the sexual desire of any person. 
‘‘(3) The term ‘assault’ means conduct de-
scribed in section 113(a), and includes conduct com-
mitted recklessly, knowingly, or intentionally. 
‘‘(4) The term ‘arson’ means conduct described 
in section 844(i) or unlawfully or willfully damaging 
or destroying any building, inhabited structure, vehi-
cle, vessel, or real property by means of fire or ex-
plosive. 
‘‘(5) The term ‘burglary’ means an unlawful or 
unprivileged entry into, or remaining in, a building 
or structure, including any nonpermanent or mobile 
structure that is adapted or used for overnight ac-
commodation or for the ordinary carrying on of busi-
ness, and, either before or after entering, the per-
son— 
‘‘(A) forms the intent to commit a crime; 
or 
‘‘(B) commits or attempts to commit a 
crime. 
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‘‘(6) The term ‘carjacking’ means conduct de-
scribed in section 2119, or the unlawful taking of a 
motor vehicle from the immediate actual possession 
of a person against his will, by means of actual or 
threatened force, or violence or intimidation, or by 
sudden or stealthy seizure or snatching, or fear of 
injury. 
‘‘(7) The term ‘child abuse’ means the unlawful 
infliction of physical injury or the commission of any 
sexual act against a child under fourteen by any per-
son eighteen years of age or older. 
‘‘(8) The term ‘communication of threats’ 
means conduct described in section 844(e), or the 
transmission of any communications containing any 
threat of use of violence to— 
‘‘(A) demand or request for a ransom or 
reward for the release of any kidnapped person; 
or 
‘‘(B) threaten to kidnap or injure the per-
son of another. 
‘‘(9) The term ‘coercion’ means causing the 
performance or non-performance of any act by an-
other person which under such other person has a 
legal right to do or to abstain from doing, through 
fraud or by the use of actual or threatened force, vi-
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olence, or fear thereof, including the use, or an ex-
press or implicit threat of use, of violence to cause 
harm, or threats to cause injury to the person, rep-
utation or property of any person. 
‘‘(10) The term ‘domestic violence’ means any 
assault committed by a current or former spouse, 
parent, or guardian of the victim, by a person with 
whom the victim shares a child in common, by a per-
son who is cohabiting with or has cohabited with the 
victim as a spouse, parent, or guardian, or by a per-
son similarly situated to a spouse, parent, or guard-
ian of the victim. 
‘‘(11) The term ‘extortion’ means conduct de-
scribed in section 1951(b)(2)), but not extortion 
under color of official right or fear of economic loss. 
‘‘(12) The term ‘firearms use’ means conduct 
described in section 924(c) or 929(a), if the firearm 
was brandished, discharged, or otherwise possessed, 
carried, or used as a weapon and the crime of vio-
lence or drug trafficking crime during and in rela-
tion to which the firearm was possessed, carried, or 
used was subject to prosecution in any court of the 
United States, State court, military court or tri-
bunal, or tribal court. Such term also includes un-
lawfully possessing a firearm described in section 
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5845(a) of the Internal Revenue Code of 1986 (such 
as a sawed-off shotgun or sawed-off rifle, silencer, 
bomb, or machine gun), possession of a firearm de-
scribed 
in 
section 
922(g)(1), 
922(g)(2) 
and 
922(g)(4), possession of a firearm with the intent to 
use such firearm unlawfully, or reckless discharge of 
a firearm at a dwelling. 
‘‘(13) The term ‘fleeing’ means knowingly oper-
ating a motor vehicle and, following a law enforce-
ment officer’s signal to bring the motor vehicle to a 
stop— 
‘‘(A) failing or refusing to comply; or 
‘‘(B) fleeing or attempting to elude a law 
enforcement officer. 
‘‘(14) The term ‘force’ means the level of force 
needed or intended to overcome resistance. 
‘‘(15) The term ‘hostage taking’ means conduct 
described in section 1203. 
‘‘(16) The term ‘human trafficking’ means con-
duct described in section 1589, 1590, and 1591. 
‘‘(17) The term ‘interference with flight crew 
members and attendants’ means conduct described 
in section 46504 of title 49, United States Code. 
‘‘(18) The term ‘kidnapping’ means conduct de-
scribed in section 1201(a)(1) or seizing, confining, 
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inveigling, decoying, abducting, or carrying away 
and holding for ransom or reward or otherwise any 
person. 
‘‘(19) The term ‘murder’ means conduct de-
scribed as murder in the first degree or murder in 
the second degree described in section 1111. 
‘‘(20) The term ‘robbery’ means conduct de-
scribed in section 1951(b)(1), or the unlawful taking 
or obtaining of personal property from the person or 
in the presence of another, against his will, by 
means of actual or threatened force, or violence or 
intimidation, or by sudden or stealthy seizure or 
snatching, or fear of injury, immediate or future, to 
his person or property, or property in his custody or 
possession, or the person or property of a relative or 
member of his family or of anyone in his company 
at the time of the taking or obtaining. 
‘‘(21) The term ‘stalking’ means conduct de-
scribed in section 2261A. 
‘‘(22) The term ‘unauthorized use of a motor 
vehicle’ means the intentional or knowing operation 
of another person’s boat, airplane, or motor vehicle 
without the consent of the owner. 
‘‘(23) The term ‘using weapons of mass de-
struction’ means conduct described in section 2332a. 
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‘‘(24) The term ‘voluntary manslaughter’ 
means conduct described in section 1112(a). 
‘‘(c) For purposes of this section, in the case of any 
reference in subsection (b) to an offense under this title, 
such reference shall include conduct that constitutes an 
offense under State or tribal law or under the Uniform 
Code of Military Justice, if such conduct would be an of-
fense under this title if a circumstance giving rise to Fed-
eral jurisdiction had existed.’’. 
SEC. 1106. 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-
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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)). 
‘‘(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). 
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‘‘(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 
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, 
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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: 
‘‘(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,’’; and 
(2) by adding at the end the following: 
‘‘(N) ALIENS ASSOCIATED WITH CRIMINAL 
GANGS.— 
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‘‘(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— 
‘‘(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 
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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 
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-
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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)); 
‘‘(ii) has participated in the activities 
of a criminal gang (as so defined), knowing 
or having reason to know that such activi-
ties will promote, further, aid, or support 
the illegal activity of the criminal gang; 
‘‘(iii) has been convicted of a violation 
of (or a conspiracy or attempt to violate) 
any law or regulation of a State, the 
United States, or a foreign country relat-
ing to participation or membership in a 
criminal gang; or 
‘‘(iv) any felony or misdemeanor of-
fense for which the alien received a sen-
tencing enhancement predicated on gang 
membership or conduct that promoted, 
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furthered, aided, or supported the illegal 
activity of the criminal gang.’’. 
(d) DESIGNATION.— 
(1) IN GENERAL.—Chapter 2 of title II of the 
Immigration and Nationality Act (8 U.S.C. 1182) is 
amended by inserting after section 219 the fol-
lowing: 
‘‘DESIGNATION OF CRIMINAL GANG 
‘‘SEC. 220. 
‘‘(a) DESIGNATION.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland Se-
curity, in consultation with the Attorney General, may 
designate a group, club, organization, or association of 5 
or more persons as a criminal gang if the Secretary finds 
that their conduct is described in section 101(a)(53). 
‘‘(2) PROCEDURE.— 
‘‘(A) NOTIFICATION.—Seven days before mak-
ing a designation under this subsection, the Sec-
retary shall, by classified communication, notify the 
Speaker and minority leader of the House of Rep-
resentatives, the President pro tempore, majority 
leader, and minority leader of the Senate, and the 
members of the relevant committees of the House of 
Representatives and the Senate, in writing, of the 
intent to designate a group, club, organization, or 
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association of 5 or more persons under this sub-
section and the factual basis therefor. 
‘‘(B) PUBLICATION
IN
THE
FEDERAL
REG-
ISTER.—The Secretary shall publish the designation 
in the Federal Register seven days after providing 
the notification under subparagraph (A). 
‘‘(3) RECORD.— 
‘‘(A) IN GENERAL.—In making a designation 
under this subsection, the Secretary shall create an 
administrative record. 
‘‘(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.— 
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‘‘(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)— 
‘‘(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 
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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-
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. 
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‘‘(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 
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). 
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‘‘(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— 
‘‘(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. 
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‘‘(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.— 
‘‘(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. 
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‘‘(4) CLASSIFIED
INFORMATION.—The Secre-
tary may consider classified information in amending 
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 
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. 
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‘‘(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; 
‘‘(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-
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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.); 
‘‘(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)) 
is amended— 
(A) in subparagraph (C), by striking ‘‘or’’ 
at the end; 
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(B) in subparagraph (D), by inserting 
‘‘or’’ at the end; and 
(C) by inserting after subparagraph (D) 
the following: 
‘‘(E) 
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’’. 
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(2) 
INELIGIBILITY
FOR
ASYLUM.—Section 
208(b)(2)(A) of such Act (8 U.S.C. 1158(b)(2)(A)) 
is amended— 
(A) in clause (v), by striking ‘‘or’’ at the 
end; 
(B) by redesignating clause (vi) as clause 
(vii); and 
(C) by inserting after clause (v) the fol-
lowing: 
‘‘(vi) the alien is described in section 
212(a)(2)(N)(i) or section 237(a)(2)(H)(i); 
or’’. 
(g) TEMPORARY PROTECTED STATUS.—Section 244 
of such Act (8 U.S.C. 1254a) is amended— 
(1) by striking ‘‘Attorney General’’ each place 
it appears and inserting ‘‘Secretary of Homeland Se-
curity’’; 
(2) in subparagraph (c)(2)(B)— 
(A) in clause (i), by striking ‘‘or’’ at the 
end; 
(B) in clause (ii), by striking the period 
and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
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‘‘(iii) the alien is, or at any time 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 
(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 
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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 
(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. 1107. 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. 1108. 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: 
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‘‘(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), 
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 
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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 
Federal law which increase or decrease the sen-
tence that may be imposed for a given crime 
shall not be considered.’’. 
SEC. 1109. 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. 1110. 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: 
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‘‘(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 or motor vehicle law 
relating to driving while intoxicated or driving under 
the influence (including driving while under the in-
fluence of or impairment by alcohol or drugs), the 
Secretary may issue a detainer regarding the indi-
vidual to any Federal, State, or local law enforce-
ment entity, official, or other personnel if the Sec-
retary 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 
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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; 
‘‘(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 
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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-
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 
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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. 
(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 a murder, 
rape, or any felony, as defined by the State, 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 
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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 
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 
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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 
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 
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