required under this section. Such forms shall contain in-
quiries to obtain the following information:
‘‘(1) Full name and aliases.
‘‘(2) Current address.
‘‘(3) Date of birth.
‘‘(4) Visa category.
‘‘(5) Date of entry into the United States.
‘‘(6) Termination date of authorization to re-
main in the United Sates, if any.
‘‘(7) Signature.
‘‘(8) Biometric feature of the alien.
‘‘(9) Any additional information that the Attor-
ney General determines to be necessary.
‘‘(f) INFORMATION TECHNOLOGY SYSTEM.—The At-
torney General shall establish and operate an information
technology system for the electronic collection, compila-
tion, and maintenance of the information submitted under
this section. Such system shall permit any alien address
in the United States that has been registered with the At-
torney General, and the date of such registration, to be
accessed by any officer or employee of the Immigration
and Naturalization Service having need for such access for
any lawful purpose under the Immigration and Nationality
Act.’’.
(b) REPEAL.—Section 265 (8 U.S.C. 1305) is re-
pealed and the table of contents is amended by striking
the item relating to such section.
(c) CONFORMING AMENDMENTS.—
(1) REMOVAL FOR FAILURE TO COMPLY.—Sec-
tion 237(a)(3)(A) (8 U.S.C. 1227(a)(3)(A)) is
amended by striking ‘‘265’’ and inserting ‘‘262’’.
(2) REGISTRATION OF SPECIAL GROUPS.—Sec-
tion 263(b) (8 U.S.C. 1303(b)) is amended by in-
serting ‘‘(excluding subsection (c) of such section)’’
after ‘‘262’’.
(3) FORMS AND PROCEDURE.—Section 264(a)
(8 U.S.C. 1304(a)) is amended by striking ‘‘of this
title, and the Attorney General is authorized and di-
rected to prepare forms for the registration and
fingerprinting of aliens under section 262 of this
title.’’ and inserting a period.
(4) PENALTIES.—Section 266 (8 U.S.C. 1306)
is amended by striking ‘‘265’’ each place such term
appears and inserting ‘‘262’’.
(d) ATTORNEY GENERAL REPORT.—Not later than
3 years after the date of the enactment of this Act, the
Attorney General shall submit a report to the Committees
on the Judiciary of the House of Representatives and the
Senate on the implementation of section 262 of the Immi-
100
gration and Nationality Act, as amended by this section,
and the results of such implementation.
(e) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of the enactment
of this Act.
SEC. 304. VISA TERM COMPLIANCE BONDS.
(a) DEFINITIONS.—For purposes of this section:
(1) VISA TERM COMPLIANCE BOND.—The term
‘‘visa term compliance bond’’ means a written
suretyship undertaking entered into by an alien indi-
vidual seeking admission to the United States of
America on a nonimmigrant visa whose performance
is guaranteed by a bail agent.
(2) SURETYSHIP
UNDERTAKING.—The term
‘‘suretyship undertaking’’ means a written agree-
ment, executed by a bail agent, which binds all par-
ties to its certain terms and conditions and which
provides obligations for the visa applicant while
under the bond and penalties for forfeiture to ensure
the obligations of the principal under the agreement.
(3) BAIL
AGENT.—The term ‘‘bail agent’’
means any individual properly licensed, approved,
and appointed by power of attorney to execute or
countersign bail bonds in connection with judicial
proceedings and who receives a premium.
101
(4) SURETY.—The term ‘‘surety’’ means an en-
tity, as defined by, and that is in compliance with,
sections 9304 through 9308 of title 31, United
States Code, that agrees—
(A) to guarantee the performance, where
appropriate, of the principal under a visa term
compliance bond;
(B) to perform as required in the event of
a forfeiture; and
(C) to pay over the principal (penal) sum
of the bond for failure to perform.
(b) ISSUANCE OF BOND.—A consular officer may re-
quire an applicant for a nonimmigrant visa, as a condition
for granting such application, to obtain a visa term com-
pliance bond.
(c) VALIDITY, EXPIRATION, RENEWAL, AND CAN-
CELLATION OF BONDS.—
(1) VALIDITY.—A visa term compliance bond
undertaking is valid if it—
(A) states the full, correct, and proper
name of the alien principal;
(B) states the amount of the bond;
(C) is guaranteed by a surety and
countersigned by an attorney-in-fact who is
properly appointed;
102
(D) is an original signed document;
(E) is filed with the Commissioner along
with the original application for a visa; and
(F) is not executed by electronic means.
(2) EXPIRATION.—A visa term compliance bond
undertaking shall expire at the earliest of—
(A) 1 year from the date of issue;
(B) at the expiration, cancellation, or sur-
render of the visa; or
(C) immediately upon nonpayment of the
premium.
(3) RENEWAL.—The bond may be renewed—
(A) annually with payment of proper pre-
mium at the option of the bail agent or surety;
and
(B) provided there has been no breech of
conditions, default, claim, or forfeiture of the
bond.
(4) CANCELLATION.—The bond shall be can-
celed and the surety and bail agent exonerated—
(A) for nonrenewal;
(B) if the surety or bail agent provides
reasonable evidence that there was misrepresen-
tation or fraud in the application for the bond;
(C) upon termination of the visa;
103
(D) upon death, incarceration of the prin-
cipal, or the inability of the surety to produce
the principal for medical reasons;
(E) if the principal is detained in any city,
State, country, or political subdivision thereof;
(F) if the principal departs from the
United States of America for any reason with-
out permission of the Commissioner and the
surety or bail agent; or
(G) if the principal is surrendered by the
surety.
(5) EFFECT
OF
EXPIRATION
OR
CANCELLA-
TION.—When a visa term compliance bond expires
without being immediately renewed, or is canceled,
the nonimmigrant status of the alien shall be re-
voked immediately.
(6) SURRENDER
OF
PRINCIPAL; FORFEITURE
OF BOND PREMIUM.—
(A) SURRENDER.—At any time before a
breach of any of the conditions of the bond, the
surety or bail agent may surrender the prin-
cipal, or the principal may surrender, to any
Immigration and Naturalization Service office
or facility.
104
(B) FORFEITURE OF BOND PREMIUM.—A
principal may be surrendered without the re-
turn of any bond premium if the visa holder—
(i) changes address without notifying
the surety or bail agent and the Attorney
General in writing at least 60 days prior to
such change;
(ii) changes schools, jobs, or occupa-
tions without written permission of the
surety, bail agent, and the Attorney Gen-
eral;
(iii) conceals himself or herself;
(iv) fails to report to the Attorney
General as required at least annually; or
(v) violates the contract with the bail
agent or surety, commits any act that may
lead to a breech of the bond, or otherwise
violates any other obligation or condition
of the visa established by the Attorney
General.
(7) CERTIFIED
COPY
OF
UNDERTAKING
OR
WARRANT TO ACCOMPANY SURRENDER.—
(A) IN
GENERAL.—A person desiring to
make a surrender of the visa holder—
106
(8) FORM OF BOND.—A visa term compliance
bond shall in all cases state the following and be se-
cured by a surety:
‘‘(A) BREECH OF BOND; PROCEDURE, FOR-
FEITURE, NOTICE.—
‘‘(i) If a visa holder violates any con-
ditions of the visa or the visa bond the At-
torney General shall—
‘‘(I) order the visa canceled;
‘‘(II) immediately obtain a war-
rant for the visa holder’s arrest;
‘‘(III) order the bail agent and
surety to take the visa holder into
custody and surrender the visa holder
to the Attorney General; and
‘‘(IV) mail notice to the bail
agent and surety via certified mail re-
turn receipt at each of the addresses
in the bond.
‘‘(ii) A bail agent or surety shall have
full and complete access to any and all in-
formation, electronic or otherwise, in the
care, custody, and control of the United
States Government or any State or local
government or any subsidiary or police
107
agency thereof regarding the visa holder
needed to comply with section 304 of the
Securing America’s Future through En-
forcement Reform Act of 2002 that the
court issuing the warrant believes is crucial
in locating the visa holder.
‘‘(iii) If the visa holder is later ar-
rested, detained, or otherwise located out-
side the United States and the outlying
possessions of the United States (as de-
fined in section 101(a) of the Immigration
and Nationality Act), the Attorney General
shall—
‘‘(I) order that the bail agent and
surety are completely exonerated, and
the bond canceled and terminated;
and
‘‘(II) if the Attorney General has
issued an order under clause (i), the
surety may request, by written, prop-
erly filed motion, reinstatement of the
bond. This subclause may not be con-
strued to prevent the Attorney Gen-
eral from revoking or resetting a high-
er bond.
108
‘‘(iv) The bail agent or surety must—
‘‘(I) produce the visa bond hold-
er; or
‘‘(II)(aa) prove within 180 days
that producing the bond holder was
prevented—
‘‘(aaa) by the bond holder’s
illness or death;
‘‘(bbb) because the bond
holder is detained in custody in
any city, State, country, or polit-
ical subdivision thereof;
‘‘(ccc) because the bond
holder has left the United States
or its outlying possessions (as de-
fined in section 101(a) of the Im-
migration and Nationality Act (8
U.S.C. 1101(a)); or
‘‘(ddd) because required no-
tice was not given to the bail
agent or surety; and
‘‘(bb) prove within 180 days that
the inability to produce the bond hold-
er was not with the consent or conniv-
ance of the bail agent or sureties.
109
‘‘(v) If the bail agent or surety does
not comply with the terms of this bond
within 60 days after the mailing of the no-
tice 
required 
under 
subparagraph
(A)(i)(IV), a portion of the face value of
the bond shall be assessed as a penalty
against the surety.
‘‘(vi) If compliance occurs more than
60 days but no more than 90 days after
the mailing of the notice, the amount as-
sessed shall be one-third of the face value
of the bond.
‘‘(vii) If compliance occurs more than
90 days, but no more than 180 days, after
the mailing of the notice, the amount as-
sessed shall be two-thirds of the face value
of the bond.
‘‘(viii) If compliance does not occur
within 180 days after the mailing of the
notice, the amount assessed shall be 100
percent of the face value of the bond.
‘‘(ix) All penalty fees shall be paid by
the surety within 45 days after the end of
such 180-day period.
110
‘‘(B) The Attorney General may waive the
penalty fees or extend the period for payment
or both, if—
‘‘(i) a written request is filed with the
Attorney General; and
‘‘(ii) the bail agent or surety provides
evidence satisfactory to the Attorney Gen-
eral that diligent efforts were made to ef-
fect compliance of the visa holder.
‘‘(C) COMPLIANCE; EXONERATION; LIMITA-
TION OF LIABILITY.—
‘‘(i) COMPLIANCE.—The bail agent or
surety shall have the absolute right to lo-
cate, apprehend, arrest, detain, and sur-
render any visa holder, wherever he or she
may be found, who violates any of the
terms and conditions of the visa or bond.
‘‘(ii) EXONERATION.—Upon satisfying
any of the requirements of the bond, the
surety shall be completely exonerated.
‘‘(iii) LIMITATION
OF
LIABILITY.—
The total liability on any undertaking shall
not exceed the face amount of the bond.’’.
111
SEC. 305. RELEASE OF ALIENS IN REMOVAL PROCEEDINGS.
(a) IN GENERAL.—Section 236(a)(2) is amended to
read as follows:
‘‘(2) subject to section 241(a)(8), may release
the alien on bond of at least $10,000, with security
approved by, and containing conditions prescribed
by, the Attorney General, but the Attorney General
shall not release the alien on or to his own recog-
nizance unless an order of an immigration judge ex-
pressly finds that the alien is not a flight risk and
is not a threat to the United States; and’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on the date of the enact-
ment of this Act.
SEC. 306. DETENTION OF ALIENS DELIVERED BY BONDS-
MEN.
(a) IN
GENERAL.—Section 241(a) (8 U.S.C.
1231(a)) is amended by adding at the end the following:
‘‘(8) EFFECT
OF
PRODUCTION
OF
ALIEN
BY
BONDSMAN.—Notwithstanding any other provision
of law, the Attorney General shall take into custody
any alien subject to a final order of removal, and
cancel any bond previously posted for the alien, if
the alien is produced within the prescribed time limit
by the obligor on the bond. The obligor on the bond
shall be deemed to have substantially performed all
112
conditions imposed by the terms of the bond, and
shall be released from liability on the bond, if the
alien is produced within such time limit.’’.
(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 immigration bonds
posted before, on, or after the date of the enactment of
this Act.
TITLE 
IV—REMOVING 
ALIEN
TERRORISTS, 
CRIMINALS,
AND HUMAN RIGHTS VIOLA-
TORS
Subtitle A—Removing Alien
Terrorists
SEC. 401. DEPORTABILITY OF ALIEN TERRORISTS.
(a) IN GENERAL.—Section 237(a)(4)(B) (8 U.S.C.
1227(a)(4)(B)) is amended to read as follows:
‘‘(B) TERRORIST
ACTIVITIES.—Any alien
who would be considered inadmissible pursuant
to section 212(a)(3)(B) is deportable.’’.
(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 conduct occurring be-
fore, on, or after such date.
113
SEC. 402. ADMINISTRATIVE REMOVAL OF ALIEN TERROR-
ISTS.
(a) IN GENERAL.—Section 238 (8 U.S.C. 1228) is
amended—
(1) in the section heading, by striking ‘‘ALIENS
CONVICTED
OF
COMMITTING
AGGRAVATED
FELO-
NIES’’ and inserting ‘‘CERTAIN ALIENS’’;
(2) in the heading of subsection (a), by insert-
ing ‘‘INSTITUTIONAL’’ before ‘‘REMOVAL’’;
(3) in subsection (a)(1), by striking ‘‘241’’ each
place it appears and inserting ‘‘237’’;
(4) by amending the heading of subsection (b)
to read as follows:
‘‘(b) PROCEEDINGS FOR THE ADMINISTRATIVE RE-
MOVAL OF ALIENS.—’’;
(5) by amending subsection (b)(1) to read as
follows:
‘‘(1) The Attorney General may—
‘‘(A) in the case of an alien described in
paragraph (2), determine the deportability of
such alien under section 237(a)(2)(A)(iii) (re-
lating to conviction of an aggravated felony); or
‘‘(B) in the case of an alien certified under
paragraph (2)(C), determine the deportability
of such alien under any provision of section
237,
114
and issue an order of removal pursuant to the proce-
dures set forth in this subsection or section 240.’’;
(6) in subsection (b)(2)—
(A) in subparagraph (A), by striking ‘‘or’’
at the end;
(B) in subparagraph (B), by striking the
period at the end and inserting ‘‘; or’’; and
(C) by adding at the end the following:
‘‘(C) has been certified by the Attorney
General, pursuant to paragraph (6), which cer-
tification is not reviewable except as provided in
subsection (b)(7).’’;
(7) by adding at the end of subsection (b) the
following:
‘‘(6) CERTIFICATION.—The Attorney General
may certify an alien under this paragraph if the At-
torney General has reasonable grounds to believe
that the alien—
‘‘(A) 
is 
described 
in 
section
212(a)(3)(A)(i), 
212(a)(3)(A)(iii),
212(a)(3)(B), 
237(a)(4)(A)(i),
237(a)(4)(A)(iii), or 237(a)(4)(B); or
‘‘(B) is engaged in any other activity that
endangers the national security of the United
States.
115
‘‘(7) NONDELEGATION.—The Attorney General
may delegate the authority provided under para-
graph (6) only to the Deputy Attorney General. The
Deputy Attorney General may not delegate such au-
thority.
‘‘(8) JUDICIAL REVIEW.—Notwithstanding any
other provision of law, judicial review of an order
under paragraph (2)(C) shall be available only by a
filing in the United States Court of Appeals for the
District of Columbia.’’;
(8) by striking the first subsection (c) and in-
serting the following:
‘‘(c) PRESUMPTION
OF REMOVABILITY.—An alien
convicted of an aggravated felony, or certified pursuant
to section 238(b)(2)(C), shall be conclusively presumed to
be removable from the United States.’’; and
(9) by redesignating the second subsection (c)
(redesignated as such by section 671(b)(13) of the
Illegal Immigration Reform and Immigrant Respon-
sibility Act of 1996) as subsection (d).
(b) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of the enactment
of this Act and shall apply to aliens in removal proceedings
on or after such date.
116
SEC. 403. ASYLUM PETITIONS BY MEMBERS OF TERRORIST
ORGANIZATIONS.
(a) IN GENERAL.—Paragraph (1) of section 208(b)
(8 U.S.C. 1158(b)) is amended by adding at the end the
following: ‘‘In any case in which there may be more than
one motive for persecution, the alien bears the burden of
showing that such persecution was or would be inflicted
solely on account of race, religion, nationality, membership
in a particular social group, or political opinion.’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall take effect on the date of the enactment
of this Act and shall apply to determinations pending on
or after such date with respect to which a final administra-
tive decision has not been rendered as of such date.
Subtitle B—Removing Alien
Criminals
SEC. 411. DEFINITION OF CRIMINAL CONVICTION.
(a) IN GENERAL.—Subparagraph (B) of section
101(a)(48) (8 U.S.C. 1101(a)(48)) is amended by adding
at the end the following: ‘‘Any conviction entered by a
court shall remain valid for immigration purposes notwith-
standing a vacation of that conviction, unless the convic-
tion is vacated on direct appeal wherein the court deter-
mines that vacation is warranted on the merits, or on
grounds relating to a violation of a fundamental statutory
117
or constitutional right in the underlying criminal pro-
ceedings.’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall take effect on the date of the enactment
of this Act and shall apply to determinations pending on
or after such date with respect to which a final administra-
tive decision has not been rendered as of such date.
SEC. 412. REMOVING MURDERERS, RAPISTS, AND SEXUAL
ABUSERS OF CHILDREN.
(a) REMOVING MURDERERS, RAPISTS, AND SEXUAL
ABUSERS OF CHILDREN.—Subparagraph (A) of section
101(a)(43) (8 U.S.C. 1101(a)(43)) is amended by insert-
ing before the semicolon at the end the following: ‘‘, re-
gardless of the term of imprisonment, and regardless of
whether the offenses are deemed to be misdemeanors or
felonies under State or Federal law,’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to convictions entered
on or after such date.
SEC. 413. DETENTION AND RELEASE OF CRIMINAL ALIENS
PENDING REMOVAL DECISION.
(a) ARREST AND DETENTION.—
(1) IN GENERAL.—Section 236(c)(1) (8 U.S.C.
1226(c)(1)) is amended—
118
(A) by striking the matter preceding sub-
paragraph (A) and inserting the following:
‘‘(1) ARREST AND DETENTION.—On a warrant
issued by the Attorney General, an alien shall be ar-
rested and detained pending a decision on whether
the alien is to be removed from the United States
if the Attorney General alleges that the alien—’’;
(B) in subparagraph (D), by striking the
comma at the end and inserting a period; and
(C) by striking the matter following sub-
paragraph (D) and adding at the end the fol-
lowing:
‘‘Nothing in this paragraph shall be construed as re-
quiring the Attorney General to arrest or detain an
alien who is sentenced to a term of imprisonment
until the alien is released from imprisonment, but
parole, supervised release, probation, or possibility of
arrest or further imprisonment is not a reason for
the Attorney General to defer arrest and detention
under this paragraph.’’.
(2) EFFECTIVE DATE.—The amendments made
by paragraph (1) shall apply to aliens who are in
proceedings under the Immigration and Nationality
Act on or after the date of the enactment of this Act
119
if those proceedings have not resulted in a final ad-
ministrative order before such date.
(b) RELEASE.—
(1) IN GENERAL.—Section 236(c)(2) (8 U.S.C.
1226(c)(2)) is amended—
(A) by inserting after the first sentence the
following:
‘‘To satisfy this burden, the alien is required to
present documentary evidence or witness testimony
from a third party, where such evidence is reason-
ably available. No finder of fact may determine that
such evidence is not reasonably available solely be-
cause the alien is detained.’’; and
(B) by adding at the end the following:
‘‘The Attorney General may release an alien under
this paragraph only on bond of at least $5,000 with
security approved by, and containing conditions pre-
scribed by, the Attorney General.’’.
(2) CONDITION ON RELEASE.—Section 236(a)
(8 U.S.C. 1226(a)) is amended by adding at the end
the following:
‘‘In order to be released, the alien has the burden of prov-
ing that the alien is neither a danger to the community
nor a flight risk. To satisfy this burden, the alien is re-
quired to present documentary evidence or witness testi-
120
mony from a third party, where such evidence is reason-
ably available. No finder of fact may determine that such
evidence is not reasonably available solely because the
alien is detained.’’.
(3) EFFECTIVE DATE.—The amendments made
by this subsection shall apply to releases occurring
on or after the date of the enactment of this Act.
Subtitle C—Removing Alien
Human Rights Violators
SEC. 421. SERIOUS HUMAN RIGHTS VIOLATOR DEFINED.
Section 101(a) (8 U.S.C. 1101(a)) is amended by
adding at the end the following:
‘‘(51)(A) The term ‘serious human rights violator’
means any alien who—
‘‘(i) ordered, incited, assisted, or otherwise par-
ticipated in the persecution of any person on account
of race, religion, nationality, membership in a par-
ticular social group, or political opinion;
‘‘(ii) while serving as a foreign government offi-
cial, was responsible for, or directly carried out, par-
ticularly severe violations of religious freedom (as
defined in section 3 of the International Religious
Freedom Act of 1998 (22 U.S.C. 6402));
‘‘(iii) during an armed conflict, ordered, incited,
assisted, or otherwise participated in a war crime (as
121
defined in section 2441(c) of title 18, United States
Code);
‘‘(iv) ordered, incited, assisted, otherwise par-
ticipated in, attempted to commit, or conspired to
commit conduct that would constitute genocide (as
defined in section 1091(a) of title 18, United States
Code), if the conduct were committed in the United
States or by a United States national;
‘‘(v) ordered, incited, assisted, or otherwise par-
ticipated in any act of torture (as defined in the
United Nations Convention Against Torture and
Other Forms of Cruel, Inhuman or Degrading
Treatment or Punishment, done at New York on
December 10, 1984, subject to any reservations, un-
derstandings, declarations, and provisos contained in
the United States Senate resolution of ratification of
the Convention); or
‘‘(vi) committed, ordered, incited, assisted, oth-
erwise participated in, or was responsible for any of
the following acts, when undertaken in whole or in
significant part for a political, religious, or discrimi-
natory purpose:
‘‘(I) Murder or other homicide.
‘‘(II) Kidnapping.
‘‘(III) Disappearance.
122
‘‘(IV) Rape.
‘‘(V) Torture or mutilation.
‘‘(VI) Prolonged, arbitrary detention.
‘‘(VII) Enslavement.
‘‘(VIII) Forced prostitution, impregnation,
sterilization, or abortion.
‘‘(IX) Genocide.
‘‘(X) Extermination.
‘‘(XI) Recruitment of persons under the
age of 15 for use in armed conflict.
‘‘(B) Subparagraph (A) shall not apply to an alien
who demonstrates by clear and convincing evidence that
the conduct was committed under extreme duress. For
purposes of the preceding sentence, ‘extreme duress’
means duress created by a threat of imminent death or
rape of the alien, or a spouse, child, or parent of the
alien.’’.
SEC. 422. DEPORTABILITY OF SERIOUS HUMAN RIGHTS
VIOLATORS.
(a) IN
GENERAL.—Section 237(a) (8 U.S.C.
1227(a)) is amended by adding at the end the following:
‘‘(8) SERIOUS
HUMAN
RIGHTS
VIOLATORS.—
Any serious human rights violator is deportable.’’.
123
(b) 
CONFORMING
AMENDMENT.—Section
237(a)(4)(D) (8 U.S.C. 1227(a)(4)(D)) is amended to
read as follows:
‘‘(D) ASSISTED IN NAZI PERSECUTION.—
Any alien described in section 212(a)(3)(E) is
deportable.’’.
SEC. 423. ARREST AND DETENTION OF SERIOUS HUMAN
RIGHTS VIOLATORS PENDING REMOVAL AND
CRIMINAL PROSECUTION DECISIONS.
(a) CUSTODY.—Section 236(c)(1)(D) (8 U.S.C.
1226(c)(1)(D)) 
is 
amended 
by 
striking 
‘‘section
237(a)(4)(B),’’ and inserting ‘‘paragraph (4)(B) or (8) of
section 237(a)’’.
(b) NOTICE TO CRIMINAL DIVISION.—Section 236(c)
(8 U.S.C. 1226(c)) is amended by adding at the end the
following:
‘‘(3) NOTICE
TO
CRIMINAL
DIVISION.—The
Commissioner shall ensure that the Assistant Attor-
ney General for the Criminal Division of the Depart-
ment of Justice—
‘‘(A) is notified when an alien is arrested
and detained under paragraph (1) by reason of
inadmissibility under section 212(a)(2)(G) or
deportability under section 237(a)(8);
124
‘‘(B) is provided the information that was
the basis for the application of such paragraph;
and
‘‘(C) makes a determination whether the
alien should be arrested and prosecuted in the
United States for a criminal offense.
‘‘(4) REPORTS.—Beginning 6 months after the
date of the enactment of the Securing America’s Fu-
ture through Enforcement Reform Act of 2002, and
every 12 months thereafter, the Attorney General
shall submit to the Committees on the Judiciary of
the United States House of Representatives and of
the Senate a report containing the following:
‘‘(A) The number of removal proceedings
initiated 
against 
aliens 
under 
sections
212(a)(2)(G) and 237(a)(8) during the report-
ing period.
‘‘(B) The number of removal proceedings
under sections 212(a)(2)(G) and 237(a)(8)
pending at the conclusion of the reporting pe-
riod.
‘‘(C) The number of aliens removed under
sections 212(a)(2)(G) and 237(a)(8) during the
reporting period.
125
‘‘(D) The number of notifications under
paragraph (3)(A) made during the reporting pe-
riod.
‘‘(E) The number of criminal prosecutions
initiated during the reporting period based on
information provided under paragraph (3).
‘‘(F) The number of criminal prosecutions
pending at the conclusion of the reporting pe-
riod that were initiated based on information
provided under paragraph (3).
‘‘(G) The number of criminal prosecutions
initiated based on information provided under
paragraph (3) that resulted in a conviction dur-
ing the reporting period.’’.
SEC. 424. EXCEPTION TO RESTRICTION ON REMOVAL FOR
SERIOUS HUMAN RIGHTS VIOLATORS AND
TERRORISTS.
Section 241(b)(3)(B) (8 U.S.C. 1231(b)(3)(B)) is
amended—
(1) in the matter preceding clause (i), by strik-
ing ‘‘section 237(a)(4)(D)’’ and inserting ‘‘subpara-
graph (B) or (D) of section 237(a)(4)’’; and
(2) by amending clause (i) to read as follows:
‘‘(i) the alien is a serious human
rights violator;’’.
126
SEC. 425. INITIATION OF REMOVAL PROCEEDINGS AGAINST
SERIOUS HUMAN RIGHTS VIOLATORS BY
COMPLAINT.
Section 239 (8 U.S.C. 1229) is amended by adding
at the end the following:
‘‘(e) COMPLAINTS RESPECTING SERIOUS HUMAN
RIGHTS VIOLATORS.—
‘‘(1) ESTABLISHMENT OF PROCESS.—The At-
torney General shall establish a process for the re-
ceipt, investigation, and disposition of complaints al-
leging that an alien present in the United States is
a serious human rights violator and identifying that
alien.
‘‘(2) PERSONS
ENTITLED
TO
FILE
COM-
PLAINTS.—Any individual may file a complaint
under paragraph (1).
‘‘(3) FORM AND CONTENT OF COMPLAINT.—A
complaint under paragraph (1) shall be in the form
of a written statement, executed under oath or as
permitted under penalty of perjury under section
1746 of title 28, United States Code, and shall con-
tain such information as the Attorney General may
require. Complaints shall be filed with an office des-
ignated for that purpose by the Attorney General.
‘‘(4) NOTICE
SERVED
ON
SUBJECT
OF
COM-
PLAINT.—The Attorney General shall serve notice,
127
by certified mail and within 14 days of the filing of
a complaint under paragraph (1), on each alien iden-
tified in the complaint as a serious human rights vi-
olator. The alien shall answer the complaint within
10 days of receiving it.
‘‘(5) INVESTIGATION AND ACTION.—The Attor-
ney General shall conduct an investigation of each
complaint that satisfies the requirements of this sub-
section. Not later than 180 days after the date of fil-
ing of such a complaint, the Attorney General, with
respect to each alien identified in the complaint as
a serious human rights violator—
‘‘(A) shall initiate removal proceedings
against the alien; or
‘‘(B) shall issue to the complainant a writ-
ten determination that, in the opinion of the
Attorney General, the alien is not a serious
human rights violator.
‘‘(6) CONSTRUCTION.—Nothing in this sub-
section shall be construed to limit the discretion of
consular officers under section 291 to determine eli-
gibility for a visa or document required for entry or
to limit the discretion of any immigration officer
otherwise to initiate removal proceedings under this
Act.’’.
128
SEC. 426. BARS TO REFUGEE STATUS AND ASYLUM FOR SE-
RIOUS HUMAN RIGHTS VIOLATORS.
(a) REFUGEE DEFINED.—Section 101(a)(42) (8
U.S.C. 1101(a)(42)) is amended by striking the second
sentence and inserting ‘‘The term ‘refugee’ does not in-
clude any person who is a serious human rights violator
as defined in section 101(a)(51)(A).’’.
(b) NO WAIVER OF GROUND OF INADMISSIBILITY
FOR REFUGE SEEKERS.—Section 207(c)(3) (8 U.S.C.
1157(c)(3)) is amended by inserting ‘‘or (2)(G)’’ after
‘‘(2)(C)’’.
(c) EXCEPTIONS TO GRANTING ASYLUM.—Section
208(b)(2)(A)(i) (8 U.S.C. 1158(b)(2)(A)(i)) is amended to
read as follows:
‘‘(i) the alien is a serious human
rights violator;’’.
(d) EXTENSION TO SPOUSES AND CHILDREN OF EX-
CEPTIONS TO GRANTING ASYLUM.—Section 208(b)(3) of
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C.
1158(b)(3)) is amended by striking ‘‘such alien.’’ and in-
serting ‘‘such alien, unless the Attorney General deter-
mines that one of the exceptions in clauses (i) through
(v) of paragraph (2)(A) applies to the spouse or child.’’.
129
SEC. 427. BAR TO ADJUSTMENT OF STATUS FOR SERIOUS
HUMAN RIGHTS VIOLATORS.
Section 209(c) (8 U.S.C. 1159(c)) is amended by in-
serting ‘‘or (2)(G)’’ after ‘‘(2)(C)’’.
SEC. 428. BAR TO FINDING OF GOOD MORAL CHARACTER
FOR SERIOUS HUMAN RIGHTS VIOLATORS.
Section 101(f) (8 U.S.C. 1101(f)) is amended by in-
serting after paragraph (1) the following:
‘‘(2) a serious human rights violator;’’.
SEC. 429. BAR TO CANCELLATION OF REMOVAL FOR SERI-
OUS HUMAN RIGHTS VIOLATORS.
Section 240A(c)(4) (8 U.S.C. 2339b(c)(4)) is
amended—
(1) by striking ‘‘section 212(a)(3)’’ and insert-
ing ‘‘paragraph (2)(G) or (3) of section 212(a)’’;
and
(2) by striking ‘‘section 237(a)(4).’’ and insert-
ing ‘‘paragraph (4) or (8) of section 237(a).’’.
SEC. 430. BAR TO ADJUSTMENT OF STATUS WITH RESPECT
TO CERTAIN SPECIAL IMMIGRANTS.
Section 245(h)(2)(B) (8 U.S.C. 1255(h)(2)(B)) is
amended by inserting ‘‘(2)(G),’’ before ‘‘(3)(A)’’.
SEC. 431. CRIMINAL PENALTIES FOR REENTRY OF RE-
MOVED SERIOUS HUMAN RIGHTS VIOLATORS.
Section 276(b) (8 U.S.C. 1326(b)) is amended—
130
(1) in paragraph (3), by striking ‘‘sentence. or’’
and inserting ‘‘sentence;’’;
(2) in paragraph (4), by striking the period at
the end and inserting ‘‘; or’’; and
(3) by inserting after paragraph (4) the fol-
lowing:
‘‘(5) who was removed from the United States
pursuant to section 212(a)(2)(G) or 237(a)(8), and
who thereafter, without the permission of the Attor-
ney General, enters, attempts to enter, or is at any
time found in, the United States shall be fined
under title 18, United States Code, imprisoned not
more than 10 years, or both.’’.
SEC. 432. AIDING OR ASSISTING SERIOUS HUMAN RIGHTS
VIOLATORS TO ENTER THE UNITED STATES.
Section 277 (8 U.S.C. 1327) is amended by striking
‘‘felony)’’ and inserting ‘‘felony or is a serious human
rights violator)’’.
SEC. 433. REVISION OF REGULATIONS WITH RESPECT TO
THE INVOLUNTARY RETURN OF PERSONS IN
DANGER OF SUBJECTION TO TORTURE.
(a) REGULATIONS.—
(1) REVISION DEADLINE.—Not later than 120
days after the date of the enactment of this Act, the
Attorney General shall revise the regulations pre-
131
scribed by the Attorney General to implement the
United Nations Convention Against Torture and
Other Forms of Cruel, Inhuman or Degrading
Treatment or Punishment, done at New York on
December 10, 1984.
(2) EXCLUSION OF CERTAIN ALIENS.—The re-
vision shall exclude from the protection of such regu-
lations aliens described in section 241(b)(3)(B) of
the Immigration and Nationality Act (8 U.S.C.
1231(b)(3)(B)) (as amended by section 424 of this
Act), including rendering such aliens ineligible for
withholding or deferral of removal under the Con-
vention.
(3) BURDEN
OF
PROOF.—The revision shall
also ensure that the burden of proof is on the appli-
cant for withholding or deferral of removal under the
Convention to establish by clear and convincing evi-
dence that he or she would be tortured if removed
to the proposed country of removal.
(b) JUDICIAL REVIEW.—Notwithstanding any other
provision of law, no court shall have jurisdiction to review
the regulations adopted to implement this section, and
nothing in this section shall be construed as providing any
court jurisdiction to consider or review claims raised under
the Convention or this section, except as part of the review
132
of a final order of removal pursuant to section 242 of the
Immigration and Nationality Act (8 U.S.C. 1252).
SEC. 434. EFFECTIVE DATE.
This subtitle, and the amendments made by this sub-
title, shall take effect on the date of the enactment of this
Act and shall apply to violations occurring before, on, or
after such date.
TITLE V—ENHANCING ENFORCE-
MENT OF THE IMMIGRATION
AND 
NATIONALITY 
ACT 
IN
THE INTERIOR
Subtitle A—Document Security
SEC. 501. BIRTH CERTIFICATES.
Subsection (a) of section 656 of the Illegal Immigra-
tion Reform and Immigrant Responsibility Act of 1996
(5 U.S.C. 301 note) is amended to read as follows:
‘‘(a) BIRTH CERTIFICATES.—
‘‘(1) LIMITATION
ON
ACCEPTANCE.—(A) No
Federal agency, including but not limited to the So-
cial Security Administration and the Department of
State, and no State agency that issues driver’s li-
censes or identification documents, may accept for
any official purpose a copy of a birth certificate, as
defined in paragraph (5), unless it is issued by a
State or local authorized custodian of record and it