encrypted distributed learning system that has all its 
servers based in the United States, is scalable, sur-
vivable, and can have a portal in place not later than 
30 days after the date of the enactment of this Act, 
shall be made available by the Federal Law Enforce-
ment Training Center Distributed Learning Pro-
gram for State and local law enforcement personnel. 
(2) FEDERAL
PERSONNEL
TRAINING.—The 
training of State and local law enforcement per-
sonnel under this section shall not displace the train-
ing of Federal personnel. 
(3) CLARIFICATION.—Nothing in this title or 
any other provision of law shall be construed as 
making any immigration-related training a require-
ment for, or prerequisite to, any State or local law 
enforcement officer to assist in the enforcement of 
Federal immigration laws. 
(4) PRIORITY.—In carrying out this subsection, 
priority funding shall be given for existing Web- 
based immigration enforcement training systems. 
SEC. 110. IMMUNITY. 
Notwithstanding any other provision of law, a law en-
forcement officer of a State or local law enforcement agen-
cy who is acting within the scope of the officer’s official 
duties shall be immune, to the same extent as a Federal 
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law enforcement officer, from personal liability arising out 
of the performance of any duty described in this title, in-
cluding the authorities to investigate, identify, apprehend, 
arrest, detain, or transfer to Federal custody, an alien for 
the purposes of enforcing the immigration laws of the 
United States (as defined in section 101(a)(17) of the Im-
migration and Nationality Act (8 U.S.C. 1101(a)(17))) or 
the immigration laws of a State or a political subdivision 
of a State. 
SEC. 111. CRIMINAL ALIEN IDENTIFICATION PROGRAM. 
(a) CONTINUATION AND EXPANSION.— 
(1) IN GENERAL.—The Secretary shall continue 
to operate and implement a program designed to— 
(A) identify removable criminal aliens in 
Federal and State correctional facilities; 
(B) ensure such aliens are not released 
into the community; and 
(C) remove such aliens from the United 
States after the completion of their sentences. 
(2) EXPANSION.—The program shall be ex-
tended to all States. Any State that receives Federal 
funds for the incarceration of criminal aliens (pursu-
ant to the State Criminal Alien Assistance Program 
authorized under section 241(i) of the Immigration 
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and Nationality Act (8 U.S.C. 1231(i)) or other 
similar program) shall— 
(A) cooperate with officials of the program; 
(B) expeditiously and systematically iden-
tify criminal aliens in its prison and jail popu-
lations; and 
(C) promptly convey such information to 
officials of such program as a condition of re-
ceiving such funds. 
(b) AUTHORIZATION FOR DETENTION AFTER COM-
PLETION OF STATE OR LOCAL PRISON SENTENCE.—Law 
enforcement officers of a State, or of a political subdivision 
of a State, are authorized to— 
(1) hold a criminal alien for a period of up to 
48 hours (excluding Saturdays, Sundays, and holi-
days) after the alien has completed the alien’s sen-
tence under State or local law in order to effectuate 
the transfer of the alien to Federal custody when the 
alien is inadmissible or deportable; and 
(2) issue a detainer that would allow aliens who 
have served a prison sentence under State or local 
law to be detained by the State or local prison or jail 
until the Secretary can take the alien into custody. 
(c) TECHNOLOGY USAGE.—Technology, such as video 
conferencing, shall be used to the maximum extent prac-
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ticable in order to make the program available in remote 
locations. Mobile access to Federal databases of aliens and 
live scan technology shall be used to the maximum extent 
practicable in order to make these resources available to 
State and local law enforcement agencies in remote loca-
tions. 
(d) EFFECTIVE DATE.—This section shall take effect 
of the date of the enactment of this Act, except that sub-
section (a)(2) shall take effect on the date that is 180 days 
after such date. 
SEC. 112. CLARIFICATION OF CONGRESSIONAL INTENT. 
Section 287(g) of the Immigration and Nationality 
Act (8 U.S.C. 1357(g)) is amended— 
(1) in paragraph (1) by striking ‘‘may enter’’ 
and all that follows through the period at the end 
and inserting the following: ‘‘shall enter into a writ-
ten agreement with a State, or any political subdivi-
sion of a State, upon request of the State or political 
subdivision, pursuant to which officers or employees 
of the State or subdivision, who are determined by 
the Secretary to be qualified to perform a function 
of an immigration officer in relation to the investiga-
tion, apprehension, or detention of aliens in the 
United States (including the transportation of such 
aliens across State lines to detention centers), may 
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carry out such function at the expense of the State 
or political subdivision and to extent consistent with 
State and local law. No request from a bona fide 
State or political subdivision or bona fide law en-
forcement agency shall be denied absent a compel-
ling reason. No limit on the number of agreements 
under this subsection may be imposed. The Sec-
retary shall process requests for such agreements 
with all due haste, and in no case shall take not 
more than 90 days from the date the request is 
made until the agreement is consummated.’’; 
(2) by redesignating paragraph (2) as para-
graph (5) and paragraphs (3) through (10) as para-
graphs (7) through (14), respectively; 
(3) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) An agreement under this subsection shall accom-
modate a requesting State or political subdivision with re-
spect to the enforcement model or combination of models, 
and shall accommodate a patrol model, task force model, 
jail model, any combination thereof, or any other reason-
able model the State or political subdivision believes is best 
suited to the immigration enforcement needs of its juris-
diction. 
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‘‘(3) No Federal program or technology directed 
broadly at identifying inadmissible or deportable aliens 
shall substitute for such agreements, including those es-
tablishing a jail model, and shall operate in addition to 
any agreement under this subsection. 
‘‘(4)(A) No agreement under this subsection shall be 
terminated absent a compelling reason. 
‘‘(B)(i) The Secretary shall provide a State or polit-
ical subdivision written notice of intent to terminate at 
least 180 days prior to date of intended termination, and 
the notice shall fully explain the grounds for termination, 
along with providing evidence substantiating the Sec-
retary’s allegations. 
‘‘(ii) The State or political subdivision shall have the 
right to a hearing before an administrative law judge and, 
if the ruling is against the State or political subdivision, 
to appeal the ruling to the Federal Circuit Court of Ap-
peals and, if the ruling is against the State or political 
subdivision, to petition the Supreme Court for certeriori. 
‘‘(C) The agreement shall remain in full effect during 
the course of any and all legal proceedings.’’; and 
(4) by inserting after paragraph (5) (as redesig-
nated) the following: 
‘‘(6) The Secretary of Homeland Security shall make 
training of State and local law enforcement officers avail-
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able through as many means as possible, including 
through residential training at the Center for Domestic 
Preparedness and the Federal Law Enforcement Training 
Center, onsite training held at State or local police agen-
cies or facilities, online training courses by computer, tele-
conferencing, and videotape, or the digital video display 
(DVD) of a training course or courses. Distance learning 
through a secure, encrypted distributed learning system 
that has all its servers based in the United States, is scal-
able, survivable, and can have a portal in place not later 
than 30 days after the date of the enactment of this Act, 
shall be made available by the COPS Office of the Depart-
ment of Justice and the Federal Law Enforcement Train-
ing Center Distributed Learning Program for State and 
local law enforcement personnel. Preference shall be given 
to private sector-based Web-based immigration enforce-
ment training programs for which the Federal Govern-
ment has already provided support to develop.’’. 
SEC. 113. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM 
(SCAAP). 
Section 241(i) of the Immigration and Nationality 
Act (8 U.S.C. 1231(i)) is amended— 
(1) by striking ‘‘Attorney General’’ the first 
place such term appears and inserting ‘‘Secretary of 
Homeland Security’’; 
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(2) by striking ‘‘Attorney General’’ each place 
such term appears thereafter and inserting ‘‘Sec-
retary’’; and 
(3) in paragraph (3)(A), by inserting ‘‘charged 
with or’’ before ‘‘convicted’’. 
SEC. 114. STATE NONCOMPLIANCE WITH ENFORCEMENT OF 
IMMIGRATION LAW. 
(a) IN GENERAL.—Section 642 of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1373) is amended— 
(1) by striking subsection (a) and inserting the 
following: 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of Federal, State, or local law, no Federal, State, 
or local government entity, and no individual, may prohibit 
or in any way restrict, a Federal, State, or local govern-
ment entity, official or other personnel from complying 
with the immigration laws (as defined in section 
101(a)(17) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(17))), or from assisting or cooperating 
with Federal law enforcement entities, officials or other 
personnel regarding the enforcement of these laws.’’; 
(2) by striking subsection (b) and inserting the 
following: 
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‘‘(b) LAW
ENFORCEMENT
ACTIVITIES.—Notwith-
standing any other provision of Federal, State, or local 
law, no Federal, State, or local government entity, and no 
individual, may prohibit, or in any way restrict, a Federal, 
State, or local government entity, official or other per-
sonnel from undertaking any of the following law enforce-
ment activities as they relate to information regarding the 
citizenship or immigration status, lawful or unlawful, the 
inadmissibility or deportability, and the custody status, of 
any individual: 
‘‘(1) Making inquiries to any individual in order 
to obtain such information regarding such individual 
or any other individuals. 
‘‘(2) Notifying the Federal Government regard-
ing the presence of individuals who are encountered 
by law enforcement officials or other personnel of a 
State or political subdivision of a State. 
‘‘(3) Complying with requests for such informa-
tion from Federal law enforcement entities, officials 
or other personnel.’’; 
(3) by amending subsection (c) by striking ‘‘Im-
migration and Naturalization Service’’ and inserting 
‘‘Department of Homeland Security’’; and 
(4) by adding at the end the following: 
‘‘(d) COMPLIANCE.— 
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‘‘(1) ELIGIBILITY
FOR
CERTAIN
GRANT
PRO-
GRAMS.—A State, or a political subdivision of a 
State, that is found not to be in compliance with 
subsection (a) or (b) shall not be eligible to receive— 
‘‘(A) any of the funds that would otherwise 
be allocated to the State or political subdivision 
under section 241(i) of the Immigration and 
Nationality Act (8 U.S.C. 1231(i)), the ‘Cops 
on the Beat’ program under part Q of title I of 
the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3796dd et seq.), or the 
Edward Byrne Memorial Justice Assistance 
Grant Program (42 U.S.C. 3750–3758); or 
‘‘(B) any other grant administered by the 
Department of Justice or Department of Home-
land Security that is substantially related to law 
enforcement, terrorism, national security, or im-
migration or naturalization. 
‘‘(2) TRANSFER OF CUSTODY OF ALIENS PEND-
ING REMOVAL PROCEEDINGS.—The Secretary, at the 
Secretary’s discretion, may decline to transfer an 
alien in the custody of the Department of Homeland 
Security to a State or political subdivision of a State 
found not to be in compliance with subsection (a) or 
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(b), regardless of whether the State or political sub-
division of the State has issued a writ or warrant. 
‘‘(3) TRANSFER
OF
CUSTODY
OF
CERTAIN 
ALIENS
PROHIBITED.—The Secretary shall not 
transfer an alien with a final order of removal pur-
suant to paragraphs (1)(A) or (5) of section 241(a) 
of the Immigration and Nationality Act (8 U.S.C. 
1231(a)(1)(A), (5)) to a State or a political subdivi-
sion of a State that is found not to be in compliance 
with subsection (a) or (b). 
‘‘(4) ANNUAL DETERMINATION.—The Secretary 
shall determine for each calendar year which States 
or political subdivision of States are not in compli-
ance with subsection (a) or (b) and shall report such 
determinations to Congress by March 1 of each suc-
ceeding calendar year. 
‘‘(5) REPORTS.—The Secretary of Homeland 
Security shall issue a report concerning the compli-
ance with subsections (a) and (b) of any particular 
State or political subdivision of a State at the re-
quest of the House or Senate Judiciary Committee. 
Any jurisdiction that is found not to be in compli-
ance shall be ineligible to receive Federal financial 
assistance as provided in paragraph (1) for a min-
imum period of 1 year, and shall only become eligi-
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ble again after the Secretary of Homeland Security 
certifies that the jurisdiction has come into compli-
ance. 
‘‘(6) REALLOCATION.—Any funds that are not 
allocated to a State or to a political subdivision of 
a State due to the failure of the State or of the po-
litical subdivision of the State to comply with sub-
section (a) or (b) shall be reallocated to States or to 
political subdivisions of States that comply with both 
such subsections. 
‘‘(e) CONSTRUCTION.—Nothing in this section shall 
require law enforcement officials from States, or from po-
litical subdivisions of States, to report or arrest victims 
or witnesses of a criminal offense.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act, except that subsection (d) of section 642 of 
the Illegal Immigration Reform and Immigrant Responsi-
bility Act of 1996 (8 U.S.C. 1373), as added by this sec-
tion, shall apply only to prohibited acts committed on or 
after the date of the enactment of this Act. 
SEC. 115. CLARIFYING THE AUTHORITY OF ICE DETAINERS. 
(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, 
the Secretary may issue a detainer regarding the in-
dividual 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 
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-
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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 
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 
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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 
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 
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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 
their spouses, parents, or children (if the individual 
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 Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(3)) 
has been convicted and sentenced to a term of im-
prisonment of at least one year, may bring an action 
against a State or political subdivision of a State in 
the appropriate Federal or State court if the State 
or political subdivision released the alien from cus-
tody prior to the commission of such crime as a con-
sequence of the State or political subdivision’s de-
clining to honor a detainer issued pursuant to sec-
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tion 287(d)(1) of the Immigration and Nationality 
Act (8 U.S.C. 1357(d)(1)). 
(2) LIMITATION ON BRINGING ACTION.—An ac-
tion brought under this paragraph may not be 
brought later than ten years following the occur-
rence of the crime, or death of a person as a result 
of such crime, whichever occurs later. 
(3) ATTORNEY’S FEE AND OTHER COSTS.—In 
any action or proceeding under this paragraph, the 
court shall allow a prevailing plaintiff a reasonable 
attorney’s fee as part of the costs, and include ex-
pert fees as part of the attorney’s fee. 
TITLE II—NATIONAL SECURITY 
SEC. 201. REMOVAL OF, AND DENIAL OF BENEFITS TO, TER-
RORIST ALIENS. 
(a) ASYLUM.—Section 208(b)(2)(A) of the Immigra-
tion and Nationality Act (8 U.S.C. 1158(b)(2)(A)) is 
amended— 
(1) by inserting ‘‘or the Secretary of Homeland 
Security’’ after ‘‘if the Attorney General’’; and 
(2) by amending clause (v) to read as follows: 
‘‘(v) the alien is described in subpara-
graph (B)(i) or (F) of section 212(a)(3), 
unless, in the case of an alien described in 
subparagraph (IV) or (IX) of section 
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212(a)(3)(B)(i), the Secretary of Home-
land Security or the Attorney General de-
termines, in the discretion of the Secretary 
or the Attorney General, that there are not 
reasonable grounds for regarding the alien 
as a danger to the security of the United 
States; or’’. 
(b) 
CANCELLATION
OF
REMOVAL.—Section 
240A(c)(4) of such Act (8 U.S.C. 1229b(c)(4)) is amend-
ed— 
(1) by striking ‘‘inadmissible under’’ and insert-
ing ‘‘described in’’; and 
(2) by striking ‘‘deportable under’’ and insert-
ing ‘‘described in’’. 
(c) 
VOLUNTARY
DEPARTURE.—Section 
240B(b)(1)(C) of such Act (8 U.S.C. 1229c(b)(1)(C)) is 
amended 
by 
striking 
‘‘deportable 
under 
section 
237(a)(2)(A)(iii) or section 237(a)(4);’’ and inserting ‘‘de-
scribed in paragraph (2)(A)(iii) or (4) of section 237(a);’’. 
(d) 
RESTRICTION
ON
REMOVAL.—Section 
241(b)(3)(B) of such Act (8 U.S.C. 1231(b)(3)(B)) is 
amended— 
(1) in the matter preceding clause (i), by insert-
ing ‘‘or the Secretary of Homeland Security’’ after 
‘‘Attorney General’’; 
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(2) in clause (iii), by striking ‘‘or’’ at the end; 
(3) in clause (iv), by striking the period at the 
end and inserting a semicolon; 
(4) by striking the flush matter that follows 
after clause (iv); and 
(5) by inserting after clause (iv) the following: 
‘‘(v) the alien is described in subpara-
graph (B)(i) or (F) of section 212(a)(3), 
unless, in the case of an alien described in 
subparagraph (IV) or (IX) of section 
212(a)(3)(B)(i), the Secretary of Home-
land Security or the Attorney General de-
termines, in discretion of the Secretary or 
the Attorney General, that there are not 
reasonable grounds for regarding the alien 
as a danger to the security of the United 
States; or’’. 
(e) RECORD OF ADMISSION.— 
(1) IN GENERAL.—Section 249 of such Act (8 
U.S.C. 1259) is amended to read as follows: 
‘‘RECORD OF ADMISSION FOR PERMANENT RESIDENCE IN 
THE CASE OF CERTAIN ALIENS WHO ENTERED THE 
UNITED STATES PRIOR TO JANUARY 1, 1972 
‘‘SEC. 249. The Secretary of Homeland Security, in 
the discretion of the Secretary and under such regulations 
as the Secretary may prescribe, may enter a record of law-
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ful admission for permanent residence in the case of any 
alien, if no such record is otherwise available and the 
alien— 
‘‘(1) entered the United States before January 
1, 1972; 
‘‘(2) has continuously resided in the United 
States since such entry; 
‘‘(3) has been a person of good moral character 
since such entry; 
‘‘(4) is not ineligible for citizenship; 
‘‘(5) is not described in paragraph (1)(A)(iv), 
(2), (3), (6)(C), (6)(E), or (8) of section 212(a); and 
‘‘(6) did not, at any time, without reasonable 
cause fail or refuse to attend or remain in attend-
ance at a proceeding to determine the alien’s inad-
missibility or deportability. 
Such recordation shall be effective as of the date of ap-
proval of the application or as of the date of entry if such 
entry occurred prior to July 1, 1924.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents for such Act is amended by amending the item 
relating to section 249 to read as follows: 
‘‘Sec. 249. Record of admission for permanent residence in the case of certain 
aliens who entered the United States prior to January 1, 
1972.’’. 
(f) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
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of this Act and sections 208(b)(2)(A), 212(a), 240A, 
240B, 241(b)(3), and 249 of the Immigration and Nation-
ality Act, as so amended, shall apply to— 
(1) all aliens in removal, deportation, or exclu-
sion proceedings; 
(2) all applications pending on, or filed after, 
the date of the enactment of this Act; and 
(3) with respect to aliens and applications de-
scribed in paragraph (1) or (2) of this subsection, 
acts and conditions constituting a ground for exclu-
sion, deportation, or removal occurring or existing 
before, on, or after the date of the enactment of this 
Act. 
SEC. 202. TERRORIST BAR TO GOOD MORAL CHARACTER. 
(a) DEFINITION OF GOOD MORAL CHARACTER.— 
Section 101(f) of the Immigration and Nationality Act (8 
U.S.C. 1101(f)) is amended— 
(1) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) one who the Secretary of Homeland Secu-
rity or Attorney General determines to have been at 
any time an alien described in section 212(a)(3) or 
237(a)(4), which determination may be based upon 
any relevant information or evidence, including clas-
sified, sensitive, or national security information;’’; 
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(2) in paragraph (8), by inserting ‘‘, regardless 
whether the crime was classified as an aggravated 
felony at the time of conviction, except that the Sec-
retary of Homeland Security or Attorney General 
may, in the unreviewable discretion of the Secretary 
or Attorney General, determine that this paragraph 
shall not apply in the case of a single aggravated fel-
ony conviction (other than murder, manslaughter, 
homicide, rape, or any sex offense when the victim 
of such sex offense was a minor) for which comple-
tion of the term of imprisonment or the sentence 
(whichever is later) occurred 10 or more years prior 
to the date of application’’ after ‘‘(as defined in sub-
section (a)(43))’’; and 
(3) in the matter following paragraph (9), by 
striking the first sentence and inserting the fol-
lowing: ‘‘The fact that any person is not within any 
of the foregoing classes shall not preclude a discre-
tionary finding for other reasons that such a person 
is or was not of good moral character. The Secretary 
or the Attorney General shall not be limited to the 
applicant’s conduct during the period for which good 
moral character is required, but may take into con-
sideration as a basis for determination the appli-
cant’s conduct and acts at any time.’’. 
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(b) AGGRAVATED FELONS.—Section 509(b) of the 
Immigration Act of 1990 (8 U.S.C. 1101 note) is amended 
to read as follows: 
‘‘(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on November 29, 1990, 
and shall apply to convictions occurring before, on or after 
such date.’’. 
(c) TECHNICAL CORRECTION TO THE INTELLIGENCE 
REFORM ACT.—Section 5504(2) of the Intelligence Re-
form and Terrorism Prevention Act of 2004 (Public Law 
108–458) is amended by striking ‘‘adding at the end’’ and 
inserting ‘‘inserting after paragraph (8)’’. 
(d) EFFECTIVE DATE.—The amendments made by 
subsections (a) and (b) shall take effect on the date of 
the enactment of this Act, shall apply to any act that oc-
curred before, on, or after such date and shall apply to 
any application for naturalization or any other benefit or 
relief, or any other case or matter under the immigration 
laws pending on or filed after such date. The amendments 
made by subsection (c) shall take effect as if enacted in 
the Intelligence Reform and Terrorism Prevention Act of 
2004 (Public Law 108–458). 
SEC. 203. TERRORIST BAR TO NATURALIZATION. 
(a) NATURALIZATION OF PERSONS ENDANGERING 
THE NATIONAL SECURITY.—Section 316 of the Immigra-
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tion and Nationality Act (8 U.S.C. 1426) is amended by 
adding at the end the following: 
‘‘(g) PERSONS ENDANGERING THE NATIONAL SECU-
RITY.—No person shall be naturalized who the Secretary 
of Homeland Security determines to have been at any time 
an alien described in section 212(a)(3) or 237(a)(4). Such 
determination may be based upon any relevant informa-
tion or evidence, including classified, sensitive, or national 
security information.’’. 
(b) CONCURRENT NATURALIZATION AND REMOVAL 
PROCEEDINGS.—Section 318 of the Immigration and Na-
tionality Act (8 U.S.C. 1429) is amended by striking 
‘‘other Act;’’ and inserting ‘‘other Act; and no application 
for naturalization shall be considered by the Secretary of 
Homeland Security or any court if there is pending 
against the applicant any removal proceeding or other pro-
ceeding to determine the applicant’s inadmissibility or de-
portability, or to determine whether the applicant’s lawful 
permanent resident status should be rescinded, regardless 
of when such proceeding was commenced, except that the 
findings of the Secretary of Homeland Security in termi-
nating removal proceedings, or in canceling the removal 
of an alien, pursuant to the provisions of this Act shall 
not be deemed binding in any way upon the Secretary of 
Homeland Security with respect to the question of whether 
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such person has established his eligibility for naturaliza-
tion as required by this title;’’. 
(c) PENDING
DENATURALIZATION
OR
REMOVAL 
PROCEEDINGS.—Section 204(b) of the Immigration and 
Nationality Act (8 U.S.C. 1154(b)) is amended by adding 
at the end the following: ‘‘No petition shall be approved 
pursuant to this section if there is any administrative or 
judicial proceeding (whether civil or criminal) pending 
against the petitioner that could (whether directly or indi-
rectly) result in the petitioner’s denaturalization or the 
loss of the petitioner’s lawful permanent resident status.’’. 
(d) CONDITIONAL PERMANENT RESIDENTS.—Sec-
tions 216(e) and section 216A(e) of the Immigration and 
Nationality Act (8 U.S.C. 1186a(e) and 1186b(e)) are 
each amended by striking the period at the end and insert-
ing ‘‘, if the alien has had the conditional basis removed 
pursuant to this section.’’. 
(e) DISTRICT
COURT
JURISDICTION.—Subsection 
336(b) of the Immigration and Nationality Act (8 U.S.C. 
1447(b)) is amended to read as follows: 
‘‘(b) If there is a failure to render a final administra-
tive decision under section 335 before the end of the 180- 
day period after the date on which the Secretary of Home-
land Security completes all examinations and interviews 
conducted under such section, as such terms are defined 
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by the Secretary of Homeland Security pursuant to regu-
lations, the applicant may apply to the district court for 
the district in which the applicant resides for a hearing 
on the matter. Such court shall only have jurisdiction to 
review the basis for delay and remand the matter to the 
Secretary of Homeland Security for the Secretary’s deter-
mination on the application.’’. 
(f) CONFORMING AMENDMENT.—Section 310(c) of 
the Immigration and Nationality Act (8 U.S.C. 1421(c)) 
is amended— 
(1) by inserting ‘‘, not later than the date that 
is 120 days after the Secretary of Homeland Secu-
rity’s final determination,’’ after ‘‘seek’’; and 
(2) by striking the second sentence and insert-
ing the following: ‘‘The burden shall be upon the pe-
titioner to show that the Secretary’s denial of the 
application was not supported by facially legitimate 
and bona fide reasons. Except in a proceeding under 
section 340, notwithstanding any other provision of 
law (statutory or nonstatutory), including section 
2241 of title 28, United States Code, or any other 
habeas corpus provision, and sections 1361 and 
1651 of such title, no court shall have jurisdiction 
to determine, or to review a determination of the 
Secretary made at any time regarding, for purposes 
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of an application for naturalization, whether an alien 
is a person of good moral character, whether the 
alien understands and is attached to the principles 
of the Constitution of the United States, or whether 
an alien is well disposed to the good order and hap-
piness of the United States.’’. 
(g) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act, shall apply to any act that occurred before, 
on, or after such date, and shall apply to any application 
for naturalization or any other case or matter under the 
immigration laws pending on, or filed after, such date. 
SEC. 204. DENATURALIZATION FOR TERRORISTS. 
(a) IN GENERAL.—Section 340 of the Immigration 
and Nationality Act is amended— 
(1) by redesignating subsections (f) through (h) 
as subsections (g) through (i), respectively; and 
(2) by inserting after subsection (e) the fol-
lowing: 
‘‘(f)(1) If a person who has been naturalized partici-
pates in any act described in paragraph (2), the Attorney 
General is authorized to find that, as of the date of such 
naturalization, such person was not attached to the prin-
ciples of the Constitution of the United States and was 
not well disposed to the good order and happiness of the 
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United States at the time of naturalization, and upon such 
finding shall set aside the order admitting such person to 
citizenship and cancel the certificate of naturalization as 
having been obtained by concealment of a material fact 
or by willful misrepresentation, and such revocation and 
setting aside of the order admitting such person to citizen-
ship and such canceling of certificate of naturalization 
shall be effective as of the original date of the order and 
certificate, respectively. 
‘‘(2) The acts described in this paragraph are the fol-
lowing: 
‘‘(A) Any activity a purpose of which is the op-
position to, or the control or overthrow of, the Gov-
ernment of the United States by force, violence, or 
other unlawful means. 
‘‘(B) Engaging in a terrorist activity (as de-
fined 
in 
clauses 
(iii) 
and 
(iv) 
of 
section 
212(a)(3)(B)). 
‘‘(C) Incitement of terrorist activity under cir-
cumstances indicating an intention to cause death or 
serious bodily harm. 
‘‘(D) Receiving military-type training (as de-
fined in section 2339D(c)(1) of title 18, United 
States Code) from or on behalf of any organization 
that, at the time the training was received, was a 
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terrorist 
organization 
(as 
defined 
in 
section 
212(a)(3)(B)(vi)).’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to acts that occur on 
or after such date. 
SEC. 205. USE OF 1986 IRCA LEGALIZATION INFORMATION 
FOR NATIONAL SECURITY PURPOSES. 
(a) SPECIAL
AGRICULTURAL
WORKERS.—Section 
210(b)(6) of the Immigration and Nationality Act (8 
U.S.C. 1160(b)(6)) is amended— 
(1) by striking ‘‘Attorney General’’ each place 
such term appears and inserting ‘‘Secretary of 
Homeland Security’’; 
(2) in subparagraph (A), by striking ‘‘Depart-
ment of Justice,’’ and inserting ‘‘Department of 
Homeland Security,’’; 
(3) by redesignating subparagraphs (C) and 
(D) as subparagraphs (D) and (E), respectively; 
(4) by inserting after subparagraph (B) the fol-
lowing: 
‘‘(C) AUTHORIZED DISCLOSURES.— 
‘‘(i) CENSUS
PURPOSE.—The Sec-
retary of Homeland Security may provide, 
in his discretion, for the furnishing of in-
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formation furnished under this section in 
the same manner and circumstances as 
census information may be disclosed under 
section 8 of title 13, United States Code. 
‘‘(ii) 
NATIONAL
SECURITY
PUR-
POSE.—The Secretary of Homeland Secu-
rity may provide, in his discretion, for the 
furnishing, use, publication, or release of 
information furnished under this section in 
any investigation, case, or matter, or for 
any purpose, relating to terrorism, national 
intelligence or the national security.’’; and 
(5) in subparagraph (D), as redesignated, by 
striking ‘‘Service’’ and inserting ‘‘Department of 
Homeland Security’’. 
(b) ADJUSTMENT OF STATUS UNDER THE IMMIGRA-
TION REFORM AND CONTROL ACT OF 1986.—Section 
245A(c)(5) of the Immigration and Nationality Act (8 
U.S.C. 1255a(c)(5)), is amended— 
(1) by striking ‘‘Attorney General’’ each place 
such term appears and inserting ‘‘Secretary of 
Homeland Security’’; 
(2) in subparagraph (A), by striking ‘‘Depart-
ment of Justice,’’ and inserting ‘‘Department of 
Homeland Security,’’; 
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(3) by amending subparagraph (C) to read as 
follows: 
‘‘(C) AUTHORIZED DISCLOSURES.— 
‘‘(i) CENSUS
PURPOSE.—The Sec-
retary of Homeland Security may provide, 
in his discretion, for the furnishing of in-
formation furnished under this section in 
the same manner and circumstances as 
census information may be disclosed under 
section 8 of title 13, United States Code. 
‘‘(ii) 
NATIONAL
SECURITY
PUR-
POSE.—The Secretary of Homeland Secu-
rity may provide, in his discretion, for the 
furnishing, use, publication, or release of 
information furnished under this section in 
any investigation, case, or matter, or for 
any purpose, relating to terrorism, national 
intelligence or the national security.’’; and 
(4) in subparagraph (D)(i), striking ‘‘Service’’ 
and inserting ‘‘Department of Homeland Security’’. 
SEC. 206. BACKGROUND AND SECURITY CHECKS. 
(a) REQUIREMENT TO COMPLETE BACKGROUND AND 
SECURITY CHECKS.—Section 103 of the Immigration and 
Nationality Act (8 U.S.C. 1103) is amended by adding 
at the end the following: 
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‘‘(h) Notwithstanding any other provision of law 
(statutory or nonstatutory), including but not limited to 
section 309 of Public Law 107–173, sections 1361 and 
1651 of title 28, United States Code, and section 706(1) 
of title 5, United States Code, neither the Secretary of 
Homeland Security, the Attorney General, nor any court 
may— 
‘‘(1) grant, or order the grant of or adjudica-
tion of an application for adjustment of status to 
that of an alien lawfully admitted for permanent res-
idence; 
‘‘(2) grant, or order the grant of or adjudica-
tion of an application for United States citizenship 
or any other status, relief, protection from removal, 
employment authorization, or other benefit under 
the immigration laws; 
‘‘(3) grant, or order the grant of or adjudica-
tion of, any immigrant or nonimmigrant petition; or 
‘‘(4) issue or order the issuance of any docu-
mentation evidencing or related to any such grant, 
until— 
‘‘(A) such background and security checks 
as the Secretary may in the Secretary’s discre-
tion require have been completed or updated to 
the satisfaction of the Secretary; and 
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‘‘(B) any suspected or alleged materially 
false information, material misrepresentation or 
omission, concealment of a material fact, fraud 
or forgery, counterfeiting, or alteration, or fal-
sification of a document, as determined by the 
Secretary, relating to the adjudication of an ap-
plication or petition for any status (including 
the granting of adjustment of status), relief, 
protection from removal, or other benefit under 
this subsection has been investigated and re-
solved to the Secretary’s satisfaction. 
‘‘(i) Notwithstanding any other provision of law (stat-
utory or nonstatutory), including section 309 of the En-
hanced Border Security and Visa Entry Reform Act (8 
U.S.C. 1738), sections 1361 and 1651 of title 28, United 
States Code, and section 706(1) of title 5, United States 
Code, no court shall have jurisdiction to require any of 
the acts in subsection (h) to be completed by a certain 
time or award any relief for failure to complete or delay 
in completing such acts.’’. 
(b) CONSTRUCTION.— 
(1) IN GENERAL.—Chapter 4 of title III of the 
Immigration and Nationality Act (8 U.S.C. 1501 et 
seq.) is amended by adding at the end the following: 
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‘‘CONSTRUCTION 
‘‘SEC. 362. (a) IN GENERAL.—Nothing in this Act 
or any other law, except as provided in subsection (d), 
shall be construed to require the Secretary of Homeland 
Security, the Attorney General, the Secretary of State, the 
Secretary of Labor, or a consular officer to grant any ap-
plication, approve any petition, or grant or continue any 
relief, protection from removal, employment authorization, 
or any other status or benefit under the immigration laws 
by, to, or on behalf of— 
‘‘(1) any alien deemed by the Secretary to be 
described in section 212(a)(3) or section 237(a)(4); 
or 
‘‘(2) any alien with respect to whom a criminal 
or other proceeding or investigation is open or pend-
ing (including, but not limited to, issuance of an ar-
rest warrant, detainer, or indictment), where such 
proceeding or investigation is deemed by the official 
described in subsection (a) to be material to the 
alien’s eligibility for the status or benefit sought. 
‘‘(b) DENIAL
OR
WITHHOLDING
OF
ADJUDICA-
TION.—An official described in subsection (a) may, in the 
discretion of the official, deny (with respect to an alien 
described in paragraph (1) or (2) of subsection (a)) or 
withhold adjudication of pending resolution of the inves-
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tigation or case (with respect to an alien described in sub-
section (a)(2) of this section) any application, petition, re-
lief, protection from removal, employment authorization, 
status or benefit. 
‘‘(c) JURISDICTION.—Notwithstanding any other pro-
vision of law (statutory or nonstatutory), including section 
309 of the Enhanced Border Security and Visa Entry Re-
form Act (8 U.S.C. 1738), sections 1361 and 1651 of title 
28, United States Code, and section 706(1) of title 5, 
United States Code, no court shall have jurisdiction to re-
view a decision to deny or withhold adjudication pursuant 
to subsection (b) of this section. 
‘‘(d) WITHHOLDING
OF REMOVAL
AND TORTURE 
CONVENTION.—This section does not limit or modify the 
applicability of section 241(b)(3) or the United Nations 
Convention Against Torture and Other Cruel, Inhuman or 
Degrading Treatment or Punishment, subject to any res-
ervations, understandings, declarations and provisos con-
tained in the United States Senate resolution of ratifica-
tion of the Convention, as implemented by section 2242 
of the Foreign Affairs Reform and Restructuring Act of 
1998 (Public Law 105–277) with respect to an alien oth-
erwise eligible for protection under such provisions.’’. 
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(2) CLERICAL AMENDMENT.—The table of con-
tents for such Act is amended by inserting after the 
item relating to section 361 the following: 
‘‘Sec. 362. Construction.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act and shall apply to applications for immigration 
benefits pending on or after such date. 
SEC. 207. TECHNICAL AMENDMENTS RELATING TO THE IN-
TELLIGENCE REFORM AND TERRORISM PRE-
VENTION ACT OF 2004. 
(a) TRANSIT WITHOUT VISA PROGRAM.—Section 
7209(d) of the Intelligence Reform and Terrorism Preven-
tion Act of 2004 (8 U.S.C. 1185 note) is amended by 
striking ‘‘the Secretary, in conjunction with the Secretary 
of Homeland Security,’’ and inserting ‘‘the Secretary of 
Homeland Security, in consultation with the Secretary of 
State,’’. 
(b) TECHNOLOGY ACQUISITION AND DISSEMINATION 
PLAN.—Section 7201(c)(1) of such Act is amended by in-
serting ‘‘and the Department of State’’ after ‘‘used by the 
Department of Homeland Security’’. 
SEC. 208. REVOCATION OR DENIAL OF PASSPORTS AND 
PASSPORT CARDS TO TERRORISTS. 
The Act entitled ‘‘An Act to regulate the issue and 
validity of passports, and for other purposes’’, approved 
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July 3, 1926 (22 U.S.C. 211a et seq.) (commonly known 
as the ‘‘Passport Act of 1926’’), is amended by adding 
at the end the following: 
‘‘SEC. 4. AUTHORITY TO DENY OR REVOKE PASSPORT AND 
PASSPORT CARD. 
‘‘(a) ISSUANCE.—Subject to subsection (c), the Sec-
retary of State, in the Secretary’s discretion, may decline 
to issue a passport or passport card to any national of 
the United States who— 
‘‘(1) has been convicted under chapter 113B of 
title 18, United States Code; or 
‘‘(2) the Secretary has determined would be de-
scribed, if the national were an alien— 
‘‘(A) in subclause (IV)(aa) or (VIII) of sec-
tion 212(a)(3)(B)(i) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)), 
but only to the extent that the relevant terrorist 
organization is described in subclause (I) or (II) 
of section 212(a)(3)(B)(vi) of such Act (8 
U.S.C. 1182(a)(3)(B)(vi)); 
‘‘(B) in section 212(a)(3)(B)(i)(V) of such 
Act (8 U.S.C. 1182(a)(3)(B)(i)(V)); or 
‘‘(C) in subclause (IV)(bb), (V)(bb), or 
(VI)(cc) of section 212(a)(3)(B)(iv) of such Act 
(8 U.S.C. 1182(a)(3)(B)(iv)). 
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‘‘(b) REVOCATION.—Subject to subsection (c), the 
Secretary of State, in the Secretary’s discretion, may re-
voke a passport or passport card previously issued to any 
United States national described in subsection (a). 
‘‘(c) 
LIMITATION
FOR
RETURN
TO
UNITED 
STATES.— 
‘‘(1) DECLINATION OF ISSUE.—If the Secretary 
of State declines to issue a passport or passport card 
pursuant to subsection (a) to a national of the 
United States who is not physically present in the 
United States, the Secretary shall issue, at the na-
tional’s request, a passport or passport card only 
valid for direct return to the United States. 
‘‘(2) REVOCATION.—If the Secretary of State 
revokes a passport or passport card pursuant to sub-
section (b) to a national of the United States who 
is not physically present in the United States, the 
Secretary shall, at the national’s request, issue a 
passport or passport card only valid for direct return 
to the United States. 
‘‘(d) RIGHT OF REVIEW.—Any person who, in ac-
cordance with this section, is denied issuance of a passport 
or passport card, or has their passport or passport card 
revoked, by the Secretary of State, may request a due 
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process hearing not later than 60 days after receiving such 
notice of the nonissuance or revocation. 
‘‘(e) DEFINITIONS.—For purposes of this section: 
‘‘(1) ALIEN.—The term ‘alien’ has the meaning 
given such term in section 101(a)(3) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(3)). 
‘‘(2) NATIONAL OF THE UNITED STATES.—The 
term ‘national of the United States’ has the meaning 
given such term in section 101(a)(22) of such Act 
(8 U.S.C. 1101(a)(22)).’’. 
SEC. 209. CLARIFICATION OF TERRORISM DEFINITIONS. 
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 (I), by striking ‘‘death or seri-
ous bodily injury, a terrorist activity;’’ and inserting 
‘‘death, serious bodily injury, or substantial damage 
to property, a terrorist activity’’; 
(2) in subclause (V)(cc), by striking ‘‘or’’ at the 
end; 
(3) in subclause (VI)(dd), by striking the period 
at the end and inserting ‘‘; or’’; and 
(4) by adding at the end the following: 
‘‘(VII) to threaten, attempt, or 
conspire to do any of the acts de-
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scribed in subclauses (I) through 
(VI).’’. 
TITLE III—REMOVAL OF 
CRIMINAL ALIENS 
SEC. 301. DEFINITION OF AGGRAVATED FELONY. 
(a) DEFINITION OF AGGRAVATED FELONY.—Section 
101(a)(43) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(43)) is amended— 
(1) by striking ‘‘The term ‘aggravated felony’ 
means—’’ and inserting ‘‘Notwithstanding any other 
provision of law, the term ‘aggravated felony’ applies 
to an offense described in this paragraph, whether in 
violation of Federal or State law, or in violation of 
the law of a foreign country for which the term of 
imprisonment was completed within the previous 15 
years, even if the length of the term of imprisonment 
for the offense is based on recidivist or other en-
hancements and regardless of whether the conviction 
was entered before, on, or after September 30, 1996, 
and means—’’; 
(2) in subparagraph (A), by striking ‘‘murder, 
rape, or sexual abuse of a minor;’’ and inserting 
‘‘murder, manslaughter, homicide, rape (whether the 
victim was conscious or unconscious), or any offense 
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of a sexual nature involving a victim under the age 
of 18 years;’’; 
(3) in subparagraph (I), by striking ‘‘or 2252’’ 
and inserting ‘‘2252, or 2252A’’; 
(4) in subparagraph (F), by striking ‘‘at least 
one year;’’ and inserting ‘‘is at least one year, except 
that if the conviction records do not conclusively es-
tablish whether a crime constitutes a crime of vio-
lence, the Attorney General may consider other evi-
dence related to the conviction that clearly estab-
lishes that the conduct for which the alien was en-
gaged constitutes a crime of violence;’’; 
(5) by striking subparagraph (G) and inserting 
the following: 
‘‘(G) a theft offense under State or Federal law 
(including theft by deceit, theft by fraud, and receipt 
of stolen property) or burglary offense under State 
or Federal law for which the term of imprisonment 
is at least one year, except that if the conviction 
records do not conclusively establish whether a crime 
constitutes a theft or burglary offense, the Secretary 
of Homeland Security may consider other evidence 
related to the conviction that clearly establishes that 
the conduct for which the alien was engaged con-
stitutes a theft or burglary offense;’’; 
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(6) in subparagraph (N)— 
(A) by striking ‘‘paragraph (1)(A) or (2) 
of’’; and 
(B) by inserting a semicolon at the end; 
(7) in subparagraph (O), by striking ‘‘section 
275(a) or 276 committed by an alien who was pre-
viously deported on the basis of a conviction for an 
offense described in another subparagraph of this 
paragraph’’ and inserting ‘‘section 275 or 276 for 
which the term of imprisonment is at least 1 year’’; 
(8) in subparagraph (P)— 
(A) by striking ‘‘(i) which either is falsely 
making, forging, counterfeiting, mutilating, or 
altering a passport or instrument in violation of 
section 1543 of title 18, United States Code, or 
is described in section 1546(a) of such title (re-
lating to document fraud) and (ii)’’ and insert-
ing ‘‘which is described in any section of chap-
ter 75 of title 18, United States Code, and’’; 
and 
(B) by striking ‘‘, except in the case of a 
first offense for which the alien has affirma-
tively shown that the alien committed the of-
fense for the purpose for assisting, abetting, or 
aiding only the alien’s spouse, child, or parent 
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(and no other individual) to violate a provision 
of this Act’’; 
(9) in subparagraph (U), by striking ‘‘an at-
tempt or conspiracy to commit an offense described 
in this paragraph’’ and inserting ‘‘attempting or 
conspiring to commit an offense described in this 
paragraph, or aiding, abetting, counseling, pro-
curing, commanding, inducing, or soliciting the com-
mission of such an offense’’; and 
(10) by striking the undesignated matter fol-
lowing subparagraph (U). 
(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– 
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627) shall continue to apply, whether the conviction 
was entered before, on, or after September 30, 1996. 
SEC. 302. PRECLUDING ADMISSIBILITY OF ALIENS CON-
VICTED 
OF 
AGGRAVATED 
FELONIES 
OR 
OTHER SERIOUS OFFENSES. 
(a) INADMISSIBILITY ON CRIMINAL AND RELATED 
GROUNDS; WAIVERS.—Section 212 of the Immigration 
and Nationality Act (8 U.S.C. 1182) is amended— 
(1) in subsection (a)(2)(A)(i)— 
(A) in subclause (I), by striking ‘‘or’’ at 
the end; 
(B) in subclause (II), by adding ‘‘or’’ at 
the end; and 
(C) by inserting after subclause (II) the 
following: 
‘‘(III) a violation of (or a con-
spiracy or attempt to violate) an of-
fense described in section 208 of the 
Social Security Act (42 U.S.C. 408) 
(relating to social security account 
numbers or social security cards) or 
section 1028 of title 18, United States 
Code (relating to fraud and related 
activity in connection with identifica-
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tion documents, authentication fea-
tures, and information),’’; 
(2) by adding at the end of subsection (a)(2) 
the following: 
‘‘(J) PROCUREMENT OF CITIZENSHIP OR 
NATURALIZATION
UNLAWFULLY.—Any 
alien 
convicted of, or who admits having committed, 
or who admits committing acts which constitute 
the essential elements of, a violation of, or an 
attempt or a conspiracy to violate, subsection 
(a) or (b) of section 1425 of title 18, United 
States Code (relating to the procurement of 
citizenship or naturalization unlawfully) is inad-
missible. 
‘‘(K) CERTAIN FIREARM OFFENSES.—Any 
alien who at any time has been convicted under 
any law of, or who admits having committed or 
admits committing acts which constitute the es-
sential elements of, purchasing, selling, offering 
for sale, exchanging, using, owning, possessing, 
or carrying, or of attempting or conspiring to 
purchase, sell, offer for sale, exchange, use, 
own, possess, or carry, any weapon, part, or ac-
cessory which is a firearm or destructive device 
(as defined in section 921(a) of title 18, United 
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States Code) in violation of any law is inadmis-
sible. 
‘‘(L) AGGRAVATED
FELONS.—Any alien 
who has been convicted of an aggravated felony 
at any time is inadmissible. 
‘‘(M) CRIMES
OF
DOMESTIC
VIOLENCE, 
STALKING, OR VIOLATION OF PROTECTION OR-
DERS, CRIMES AGAINST CHILDREN.— 
‘‘(i) DOMESTIC VIOLENCE, STALKING, 
AND CHILD ABUSE.—Any alien who at any 
time is convicted of, or who admits having 
committed or admits committing acts 
which constitute the essential elements of, 
a crime of domestic violence, a crime of 
stalking, or a crime of child abuse, child 
neglect, or child abandonment is inadmis-
sible. For purposes of this clause, the term 
‘crime of domestic violence’ means any 
crime of violence (as defined in section 16 
of title 18, United States Code) against a 
person committed by a current or former 
spouse of the person, by an individual with 
whom the person shares a child in com-
mon, by an individual who is cohabiting 
with or has cohabited with the person as a 
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spouse, by an individual similarly situated 
to a spouse of the person under the domes-
tic or family violence laws of the jurisdic-
tion where the offense occurs, or by any 
other individual against a person who is 
protected from that individual’s acts under 
the domestic or family violence laws of the 
United States or any State, Indian tribal 
government, or unit of local or foreign gov-
ernment. 
‘‘(ii) VIOLATORS OF PROTECTION OR-
DERS.—Any alien who at any time is en-
joined under a protection order issued by 
a court and whom the court determines 
has engaged in conduct that violates the 
portion of a protection order that involves 
protection against credible threats of vio-
lence, repeated harassment, or bodily in-
jury to the person or persons for whom the 
protection order was issued is inadmissible. 
For purposes of this clause, the term ‘pro-
tection order’ means any injunction issued 
for the purpose of preventing violent or 
threatening acts of domestic violence, in-
cluding temporary or final orders issued by 
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civil or criminal courts (other than support 
or child custody orders or provisions) 
whether obtained by filing an independent 
action or as a independent order in an-
other proceeding. 
‘‘(iii) 
WAIVER
AUTHORIZED.—The 
waiver authority available under section 
237(a)(7) 
with 
respect 
to 
section 
237(a)(2)(E)(i) shall be available on a 
comparable basis with respect to this sub-
paragraph. 
‘‘(iv) CLARIFICATION.—If the convic-
tion records do not conclusively establish 
whether a crime of domestic violence con-
stitutes a crime of violence (as defined in 
section 16 of title 18, United States Code), 
the Attorney General may consider other 
evidence related to the conviction that 
clearly establishes that the conduct for 
which the alien was engaged constitutes a 
crime of violence.’’; and 
(3) in subsection (h)— 
(A) by striking ‘‘The Attorney General 
may, in his discretion, waive the application of 
subparagraphs (A)(i)(I), (B), (D), and (E) of 
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subsection (a)(2)’’ and inserting ‘‘The Attorney 
General or the Secretary of Homeland Security 
may, in the discretion of the Attorney General 
or the Secretary, waive the application of sub-
paragraphs (A)(i)(I), (III), (B), (D), (E), (K), 
and (M) of subsection (a)(2)’’; 
(B) by striking ‘‘a criminal act involving 
torture.’’ and inserting ‘‘a criminal act involving 
torture, or has been convicted of an aggravated 
felony.’’; 
(C) by striking ‘‘if either since the date of 
such admission the alien has been convicted of 
an aggravated felony or the alien’’ and inserting 
‘‘if since the date of such admission the alien’’; 
and 
(D) by inserting ‘‘or Secretary of Home-
land Security’’ after ‘‘the Attorney General’’ 
each place it appears. 
(b) DEPORTABILITY; CRIMINAL OFFENSES.—Section 
237(a)(3)(B) of the Immigration and Nationality Act (8 
U.S.C. 1227(a)(3)(B)) is amended— 
(1) in clause (ii), by striking ‘‘or’’ at the end; 
(2) in clause (iii), by inserting ‘‘or’’ at the end; 
and 
(3) by inserting after clause (iii) the following: 
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‘‘(iv) of a violation of, or an attempt 
or a conspiracy to violate, section 1425(a) 
or (b) of title 18 (relating to the procure-
ment of citizenship or naturalization un-
lawfully),’’. 
(c) DEPORTABILITY; OTHER CRIMINAL OFFENSES.— 
Section 237(a)(2) of the Immigration and Nationality Act 
(8 U.S.C. 1227(a)(2)) is amended by adding at the end 
the following: 
‘‘(G) FRAUD AND RELATED ACTIVITY AS-
SOCIATED WITH SOCIAL SECURITY ACT BENE-
FITS AND IDENTIFICATION DOCUMENTS.—Any 
alien who at any time after admission has been 
convicted of a violation of (or a conspiracy or 
attempt to violate) section 208 of the Social Se-
curity Act (42 U.S.C. 408) (relating to social 
security account numbers or social security 
cards) or section 1028 of title 18, United States 
Code (relating to fraud and related activity in 
connection with identification) is deportable.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply— 
(1) to any act that occurred before, on, or after 
the date of the enactment of this Act; and 
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(2) to all aliens who are required to establish 
admissibility on or after such date, and in all re-
moval, deportation, or exclusion proceedings that are 
filed, pending, or reopened, on or after such date. 
(e) CONSTRUCTION.—The amendments made by sub-
section (a) shall not be construed to create eligibility for 
relief from removal under former section 212(c) of the Im-
migration and Nationality Act where such eligibility did 
not exist before these amendments became effective. 
SEC. 303. ESPIONAGE CLARIFICATION. 
Section 212(a)(3)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(a)(3)(A)), is amended to read 
as follows: 
‘‘(A) IN GENERAL.—Any alien who a con-
sular officer, the Attorney General, or the Sec-
retary of Homeland Security knows, or has rea-
sonable ground to believe, seeks to enter the 
United States to engage solely, principally, or 
incidentally in, or who is engaged in, or with re-
spect to clauses (i) and (iii) of this subpara-
graph has engaged in— 
‘‘(i) any activity— 
‘‘(I) to violate any law of the 
United States relating to espionage or 
sabotage; or 
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(A) in the header, by striking ‘‘ADMITTED 
UNDER NONIMMIGRANT VISAS.—’’ and insert-
ing ‘‘NOT LAWFULLY ADMITTED FOR PERMA-
NENT RESIDENCE.—’’; 
(B) in paragraph (1), by amending sub-
paragraph (B) to read as follows: 
‘‘(B) the term ‘lawfully admitted for per-
manent residence’ has the same meaning as in 
section 101(a)(20) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(20)).’’; 
(C) in paragraph (2), by striking ‘‘under a 
nonimmigrant visa’’ and inserting ‘‘but not law-
fully admitted for permanent residence’’; and 
(D) in paragraph (3)(A), by striking ‘‘ad-
mitted to the United States under a non-
immigrant visa’’ and inserting ‘‘lawfully admit-
ted to the United States but not as an alien 
lawfully admitted for permanent residence’’. 
SEC. 305. UNIFORM STATUTE OF LIMITATIONS FOR CER-
TAIN IMMIGRATION, NATURALIZATION, AND 
PEONAGE OFFENSES. 
Section 3291 of title 18, United States Code, is 
amended by striking ‘‘No person’’ and all that follows 
through the period at the end and inserting the following: 
‘‘No person shall be prosecuted, tried, or punished for a 
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violation of any section of chapters 69 (relating to nation-
ality and citizenship offenses) and 75 (relating to pass-
port, visa, and immigration offenses), or for a violation 
of any criminal provision of sections 243, 266, 274, 275, 
276, 277, or 278 of the Immigration and Nationality Act, 
or for an attempt or conspiracy to violate any such section, 
unless the indictment is returned or the information is 
filed within ten years after the commission of the of-
fense.’’. 
SEC. 306. CONFORMING AMENDMENT TO THE DEFINITION 
OF RACKETEERING ACTIVITY. 
Section 1961(1) of title 18, United States Code, is 
amended by striking ‘‘section 1542’’ and all that follows 
through ‘‘section 1546 (relating to fraud and misuse of 
visas, permits, and other documents)’’ and inserting ‘‘sec-
tions 1541–1548 (relating to passports and visas)’’. 
SEC. 307. PRECLUDING ASYLEE AND REFUGEE ADJUST-
MENT OF STATUS FOR CERTAIN GROUNDS OF 
INADMISSIBILITY AND DEPORTABILITY. 
(a) 
GROUNDS
FOR
INADMISSIBILITY.—Section 
209(c) of the Immigration and Nationality Act (8 U.S.C. 
1159(c)) is amended by striking ‘‘any other provision of 
such section (other than paragraph (2)(C) or subpara-
graph (A), (B), (C), or (E) of paragraph (3))’’ and insert-
ing ‘‘paragraph (1) of such section’’. 
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(b) GROUNDS FOR DEPORTABILITY.—Section 209 of 
the Immigration and Nationality Act (8 U.S.C. 1159) is 
amended by adding at the end the following: 
‘‘(d) COORDINATION WITH GROUNDS FOR DEPORT-
ABILITY.—An alien may not adjust status under this sec-
tion if the alien is deportable under any provision of sec-
tion 237 except subsection (a)(5) of such section.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply— 
(1) to any act that occurred before, on, or after 
the date of the enactment of this Act; and 
(2) to all aliens who are required to establish 
admissibility on or after such date, and in all re-
moval, deportation, or exclusion proceedings that are 
filed, pending, or reopened, on or after such date. 
SEC. 308. PRECLUDING WITHHOLDING OF REMOVAL FOR 
AGGRAVATED FELONS. 
(a) IN GENERAL.—Section 241(b)(3)(B) (8 U.S.C. 
1231(b)(3)(B)), as amended by section 201, is further 
amended by inserting after clause (v), as inserted by sec-
tion 201, the following: 
‘‘(vi) the alien is convicted of an ag-
gravated felony.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply— 
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(1) to any act that occurred before, on, or after 
the date of the enactment of this Act; and 
(2) to all aliens who are required to establish 
admissibility on or after such date, and in all re-
moval, deportation, or exclusion proceedings that are 
filed, pending, or reopened on or after such date. 
SEC. 
309. 
INADMISSIBILITY 
AND 
DEPORTABILITY 
OF 
DRUNK DRIVERS. 
(a) IN GENERAL.—Section 101(a)(43) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(43)) (as 
amended by this Act) is further amended— 
(1) in subparagraph (T), by striking ‘‘and’’; 
(2) in subparagraph (U), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by inserting after subparagraph (U) the fol-
lowing: 
‘‘(V)(i) a single conviction for driving while 
intoxicated (including a conviction for driving 
while under the influence of or impairment 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 
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for driving under the influence of or impaired 
by alcohol or drugs).’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and apply to convictions entered on or 
after such date. 
SEC. 310. DETENTION OF DANGEROUS ALIENS. 
(a) IN GENERAL.—Section 241(a) of the Immigra-
tion 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: 
‘‘(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. 
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‘‘(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— 
‘‘(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 
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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 
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 clause (C)(i), 
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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 
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-
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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.’’; 
(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 
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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 
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 
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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 
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 
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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 
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 
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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 
safety of the community or any 
person, and either (AA) the alien 
has been convicted of one or 
more aggravated felonies (as de-
fined in section 101(a)(43)(A)) 
or of one or more crimes identi-
fied by the Secretary of Home-
land Security by regulation, or of 
one or more attempts or conspir-
acies to commit any such aggra-
vated felonies or such identified 
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crimes, if the aggregate term of 
imprisonment for such attempts 
or conspiracies is at least 5 
years; or (BB) the alien has com-
mitted one or more crimes of vio-
lence (as defined in section 16 of 
title 18, United States Code, but 
not including a purely political 
offense) and, because of a mental 
condition or personality disorder 
and behavior associated with that 
condition or disorder, the alien is 
likely to engage in acts of vio-
lence 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 
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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.— 
‘‘(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 
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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). 
‘‘(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 
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(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. 
‘‘(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.’’. 
(b) DETENTION OF ALIENS DURING REMOVAL PRO-
CEEDINGS.— 
(1) CLERICAL AMENDMENT.—(A) Section 236 
of the Immigration and Nationality Act (8 U.S.C. 
1226) is amended by striking ‘‘Attorney General’’ 
each place it appears (except in the second place 
that term appears in section 236(a)) and inserting 
‘‘Secretary of Homeland Security’’. 
(B) Section 236(a) of such Act (8 U.S.C. 
1226(a)) is amended by inserting ‘‘the Secretary of 
Homeland Security or’’ before ‘‘the Attorney Gen-
eral—’’. 
(C) Section 236(e) of such Act (8 U.S.C. 
1226(e)) is amended by striking ‘‘Attorney Gen-
eral’s’’ and inserting ‘‘Secretary of Homeland Secu-
rity’s’’. 
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(2) LENGTH OF DETENTION.—Section 236 of 
such Act (8 U.S.C. 1226) is amended by adding at 
the end the following: 
‘‘(f) LENGTH OF DETENTION.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of this section, an alien may be detained, 
and for an alien described in subsection (c) shall be 
detained, under this section without time limitation, 
except as provided in subsection (h), during the 
pendency of removal proceedings. 
‘‘(2) CONSTRUCTION.—The length of detention 
under this section shall not affect detention under 
section 241.’’. 
(3) DETENTION OF CRIMINAL ALIENS.—Section 
236(c)(1) of such Act (8 U.S.C. 1226(c)(1)) is 
amended— 
(A) in subparagraph (C), by striking ‘‘or’’ 
at the end: 
(B) by inserting after subparagraph (D) 
the following: 
‘‘(E) is unlawfully present in the United 
States and has been convicted for driving while 
intoxicated (including a conviction for driving 
while under the influence or impaired by alcohol 
or drugs) without regard to whether the convic-
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