153 
(2) in subparagraph (B), by striking ‘‘$2,000 
and not more than $5,000’’ and inserting ‘‘$4,000 
and not more than $10,000’’. 
(b) FRAUD AND FALSE STATEMENTS.—Chapter 47 
of title 18, United States Code, is amended— 
(1) in section 1015, by striking ‘‘not more than 
5 years’’ and inserting ‘‘not more than 10 years’’; 
and 
(2) in section 1028(b)— 
(A) in paragraph (1), by striking ‘‘15 
years’’ and inserting ‘‘20 years’’; 
(B) in paragraph (2), by striking ‘‘three 
years’’ and inserting ‘‘six years’’; 
(C) in paragraph (3), by striking ‘‘20 
years’’ and inserting ‘‘25 years’’; and 
(D) in paragraph (6), by striking ‘‘one 
year’’ and inserting ‘‘two years’’. 
(c) DOCUMENT FRAUD.—Section 1546 of title 18, 
United States Code, is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘not more than 25 years’’ 
and inserting ‘‘not less than 25 years’’; 
(B) by inserting ‘‘and if the terrorism of-
fense resulted in the death of any person, shall
154 
be punished by death or imprisoned for life,’’ 
after ‘‘section 2331 of this title)),’’; 
(C) by striking ‘‘20 years’’ and inserting 
‘‘imprisoned not more than 40 years’’; 
(D) by striking ‘‘10 years’’ and inserting 
‘‘imprisoned not more than 20 years’’; and 
(E) by striking ‘‘15 years’’ and inserting 
‘‘imprisoned not more than 25 years’’; and 
(2) in subsection (b), by striking ‘‘5 years’’ and 
inserting ‘‘10 years’’. 
(d) CRIMES OF VIOLENCE.— 
(1) IN
GENERAL.—Title 18, United States 
Code, is amended by inserting after chapter 51 the 
following: 
‘‘CHAPTER 52—ILLEGAL ALIENS 
‘‘SEC. 1131. ENHANCED PENALTIES FOR CERTAIN CRIMES 
COMMITTED BY ILLEGAL ALIENS. 
‘‘(a) Any alien unlawfully present in the United 
States, who commits, or conspires or attempts to commit, 
a crime of violence or a drug trafficking offense (as de-
fined in section 924), shall be fined under this title and 
sentenced to not less than 5 years in prison. 
‘‘(b) If an alien who violates subsection (a) was pre-
viously ordered removed under the Immigration and Na-
tionality Act (8 U.S.C. 1101 et seq.) on the grounds of
155 
having committed a crime, the alien shall be sentenced to 
not less than 15 years in prison. 
‘‘(c) A sentence of imprisonment imposed under this 
section shall run consecutively to any other sentence of 
imprisonment imposed for any other crime.’’. 
(2) CLERICAL
AMENDMENT.—The table of 
chapters at the beginning of part I of title 18, 
United States Code, is amended by inserting after 
the item relating to chapter 51 the following: 
‘‘CHAPTER 52—ILLEGAL ALIENS 
‘‘1131. Enhanced penalties for certain crimes committed by illegal aliens.’’. 
SEC. 507. RENDERING INADMISSIBLE AND DEPORTABLE 
ALIENS 
PARTICIPATING 
IN 
CRIMINAL 
STREET GANGS. 
(a) INADMISSIBLE.—Section 212(a)(2) of the Immi-
gration and Nationality Act (8 U.S.C. 1182(a)(2)) is 
amended by adding at the end the following: 
‘‘(J) CRIMINAL STREET GANG PARTICIPA-
TION.— 
‘‘(i) IN GENERAL.—Any alien is inad-
missible if— 
‘‘(I) the alien has been removed 
under section 237(a)(2)(F); or 
‘‘(II) the consular officer or the 
Secretary 
of 
Homeland 
Security
156 
knows, or has reasonable ground to 
believe that the alien— 
‘‘(aa) is a member of a 
criminal street gang and has 
committed, conspired, or threat-
ened to commit, or seeks to enter 
the United States to engage sole-
ly, principally, or incidentally in, 
a gang crime or any other unlaw-
ful activity; or 
‘‘(bb) is a member of a 
criminal street gang designated 
under section 219A. 
‘‘(ii) DEFINITIONS.—For purposes of 
this subparagraph: 
‘‘(I) CRIMINAL STREET GANG.— 
The term ‘criminal street gang’ means 
an ongoing group, group, club organi-
zation or informal association of five 
or more persons who engage, or have 
engaged within the past 5 years in a 
continuing series of 3 or more gang 
crimes (one of which is a crime of vio-
lence, as defined in section 16 of title 
18, United States Code).
157 
‘‘(II) GANG
CRIME.—The term 
‘gang crime’ means conduct consti-
tuting any Federal or State crime, 
punishable by imprisonment for one 
year or more, in any of the following 
categories: 
‘‘(aa) A crime of violence (as 
defined in section 16 of title 18, 
United States Code). 
‘‘(bb) A crime involving ob-
struction of justice, tampering 
with or retaliating against a wit-
ness, victim, or informant, or 
burglary. 
‘‘(cc) A crime involving the 
manufacturing, importing, dis-
tributing, possessing with intent 
to distribute, or otherwise dealing 
in a controlled substance or listed 
chemical (as those terms are de-
fined in section 102 of the Con-
trolled 
Substances 
Act 
(21 
U.S.C. 802)). 
‘‘(dd) Any conduct punish-
able under section 844 of title
158 
18, United States Code (relating 
to 
explosive 
materials), 
sub-
section (d), (g)(1) (where the un-
derlying conviction is a violent 
felony (as defined in section 
924(e)(2)(B) of such title) or is a 
serious drug offense (as defined 
in section 924(e)(2)(A)), (i), (j), 
(k), (o), (p), (q), (u), or (x) of 
section 922 of such title (relating 
to unlawful acts), or subsection 
(b), (c), (g), (h), (k), (l), (m), or 
(n) of section 924 of such title 
(relating to penalties), section 
930 of such title (relating to pos-
session of firearms and dan-
gerous weapons in Federal facili-
ties), section 931 of such title 
(relating to purchase, ownership, 
or possession of body armor by 
violent felons), sections 1028 and 
1029 of such title (relating to 
fraud and related activity in con-
nection with identification docu-
ments or access devices), section
159 
1952 of such title (relating to 
interstate and foreign travel or 
transportation in aid of racket-
eering enterprises), section 1956 
of such title (relating to the laun-
dering of monetary instruments), 
section 1957 of such title (relat-
ing to engaging in monetary 
transactions in property derived 
from specified unlawful activity), 
or sections 2312 through 2315 of 
such title (relating to interstate 
transportation of stolen motor ve-
hicles or stolen property). 
‘‘(ee) Any conduct punish-
able under section 274 (relating 
to bringing in and harboring cer-
tain aliens), section 277 (relating 
to aiding or assisting certain 
aliens 
to 
enter 
the 
United 
States), or section 278 (relating 
to importation of alien for im-
moral purpose) of this Act.’’.
160 
(b) DEPORTABLE.—Section 237(a)(2) of the Immi-
gration and Nationality Act (8 U.S.C. 1227(a)(2)) is 
amended by adding at the end the following: 
‘‘(F) CRIMINAL STREET GANG PARTICIPA-
TION.— 
‘‘(i) IN GENERAL.—Any alien is de-
portable who— 
‘‘(I) is a member of a criminal 
street gang and is convicted of com-
mitting, or conspiring, threatening, or 
attempting to commit, a gang crime; 
or 
‘‘(II) is determined by the Sec-
retary of Homeland Security to be a 
member of a criminal street gang des-
ignated under section 219A. 
‘‘(ii) DEFINITIONS.—For purposes of 
this subparagraph, the terms ‘criminal 
street gang’ and ‘gang crime’ have the 
meaning given such terms in section 
212(a)(2)(J)(ii).’’. 
(c) DESIGNATION OF CRIMINAL STREET GANGS.— 
(1) IN GENERAL.—Chapter 2 of title II of the 
Immigration and Nationality Act (8 U.S.C. 1181 et 
seq.) is amended by adding at the end the following:
161 
‘‘DESIGNATION OF CRIMINAL STREET GANGS 
‘‘SEC. 219A. (a) DESIGNATION.— 
‘‘(1) IN GENERAL.—The Attorney General is 
authorized to designate a group or association as a 
criminal street gang in accordance with this sub-
section if the Attorney General finds that the group 
or association meets the criteria described in section 
212(a)(2)(J)(ii)(I). 
‘‘(2) PROCEDURE.— 
‘‘(A) NOTICE.— 
‘‘(i) TO CONGRESSIONAL LEADERS.— 
Seven days before making a designation 
under this subsection, the Attorney Gen-
eral shall, by classified communication, no-
tify the Speaker and Minority Leader of 
the House of Representatives, the Presi-
dent pro tempore, Majority Leader, and 
Minority Leader of the Senate, and the 
members of the relevant committees of the 
House of Representatives and the Senate, 
in writing, of the intent to designate a 
group or association under this subsection, 
together with the findings made under 
paragraph (1) with respect to that group
162 
or association, and the factual basis there-
fore. 
‘‘(ii) PUBLICATION IN FEDERAL REG-
ISTER.—The Attorney shall publish the 
designation in the Federal Register seven 
days after providing the notification under 
clause (i). 
‘‘(B) EFFECT OF DESIGNATION.— 
‘‘(i) A designation under this sub-
section shall take effect upon publication 
under subparagraph (A)(ii). 
‘‘(ii) Any designation under this sub-
section shall cease to have effect upon an 
Act of Congress disapproving such des-
ignation. 
‘‘(3) RECORD.—In making a designation under 
this subsection, the Attorney General shall create an 
administrative record. 
‘‘(4) PERIOD OF DESIGNATION.— 
‘‘(A) IN GENERAL.—A designation under 
this subsection shall be effective for all purposes 
until revoked under paragraph (5) or (6) or set 
aside pursuant to subsection (b). 
‘‘(B) REVIEW OF DESIGNATION UPON PE-
TITION.—
163 
‘‘(i) 
IN
GENERAL.—The 
Attorney 
General shall review the designation of a 
criminal street gang under the procedures 
set forth in clauses (iii) and (iv) if the des-
ignated gang or association files a petition 
for revocation within the petition period 
described in clause (ii). 
‘‘(ii) PETITION
PERIOD.—For pur-
poses of clause (i)— 
‘‘(I) if the designated gang or as-
sociation has not previously filed a pe-
tition for revocation under this sub-
paragraph, the petition period begins 
2 years after the date on which the 
designation was made; or 
‘‘(II) if the designated gang or 
association has previously filed a peti-
tion for revocation under this sub-
paragraph, the petition period begins 
2 years after the date of the deter-
mination made under clause (iv) on 
that petition. 
‘‘(iii) 
PROCEDURES.—Any 
criminal 
street gang that submits a petition for rev-
ocation under this subparagraph must pro-
164 
vide evidence in that petition that the rel-
evant circumstances described in para-
graph (1) are sufficiently different from 
the circumstances that were the basis for 
the designation such that a revocation with 
respect to the gang is warranted. 
‘‘(iv) DETERMINATION.— 
‘‘(I) IN
GENERAL.—Not later 
than 180 days after receiving a peti-
tion for revocation submitted under 
this subparagraph, the Attorney Gen-
eral shall make a determination as to 
such revocation. 
‘‘(II) PUBLICATION
OF
DETER-
MINATION.—A determination made by 
the Attorney General under this 
clause shall be published in the Fed-
eral Register. 
‘‘(III) PROCEDURES.—Any rev-
ocation by the Attorney General shall 
be made in accordance with para-
graph (6). 
‘‘(C) OTHER REVIEW OF DESIGNATION.— 
‘‘(i) IN GENERAL.—If in a 4-year pe-
riod no review has taken place under sub-
165 
paragraph (B), the Attorney General shall 
review the designation of the criminal 
street gang in order to determine whether 
such designation should be revoked pursu-
ant to paragraph (6). 
‘‘(ii) PROCEDURES.—If a review does 
not take place pursuant to subparagraph 
(B) in response to a petition for revocation 
that is filed in accordance with that sub-
paragraph, then the review shall be con-
ducted pursuant to procedures established 
by the Attorney General. The results of 
such review and the applicable procedures 
shall not be reviewable in any court. 
‘‘(iii) PUBLICATION OF RESULTS OF 
REVIEW.—The Attorney General shall pub-
lish any determination made pursuant to 
this subparagraph in the Federal Register. 
‘‘(5) REVOCATION BY ACT OF CONGRESS.—The 
Congress, by an Act of Congress, may block or re-
voke a designation made under paragraph (1). 
‘‘(6) REVOCATION BASED ON CHANGE IN CIR-
CUMSTANCES.— 
‘‘(A) IN GENERAL.—The Attorney General 
may revoke a designation made under para-
166 
graph (1) at any time, and shall revoke a des-
ignation upon completion of a review conducted 
pursuant to subparagraphs (b) and (c) of para-
graph (4) if the Attorney General finds that— 
‘‘(i) the circumstances that were the 
basis for the designation have changed in 
such a manner as to warrant revocation; or 
‘‘(ii) the national security of the 
United States warrants a revocation. 
‘‘(B) PROCEDURE.—The procedural re-
quirements of paragraphs (2) and (3) shall 
apply to a revocation under this paragraph. Any 
revocation shall take effect on the date specified 
in the revocation or upon publication in the 
Federal Register if no effective date is specified. 
‘‘(7) EFFECT OF REVOCATION.—The revocation 
of a designation under paragraph (5) or (6) shall 
not affect any action or proceeding based on conduct 
committed prior to the effective date of such revoca-
tion. 
‘‘(8) USE OF DESIGNATION IN HEARING.—If a 
designation under this subsection has become effec-
tive under paragraph (2)(B), an alien in a removal 
proceeding shall not be permitted to raise any ques-
tion concerning the validity of the issuance of such
167 
designation as a defense or an objection at any hear-
ing. 
‘‘(b) JUDICIAL REVIEW OF DESIGNATION.— 
‘‘(1) IN
GENERAL.—Not later than 60 days 
after publication of the designation in the Federal 
Register, an group or association designated as a 
criminal street gang may seek judicial review of the 
designation in the United States Court of Appeals 
for the District of Columbia Circuit. 
‘‘(2) BASIS
OF
REVIEW.—Review under this 
subsection shall be based solely upon the administra-
tive record. 
‘‘(3) SCOPE OF REVIEW.—The court shall hold 
unlawful and set aside a designation the court finds 
to be— 
‘‘(A) arbitrary, capricious, an abuse of dis-
cretion, or otherwise not in accordance with 
law; 
‘‘(B) contrary to constitutional right, 
power, privilege, or immunity; 
‘‘(C) in excess of statutory jurisdiction, au-
thority, or limitation, or short of statutory 
right; 
‘‘(D) lacking substantial support in the ad-
ministrative record taken as a whole; or
168 
‘‘(E) not in accord with the procedures re-
quired by law. 
‘‘(4) JUDICIAL REVIEW INVOKED.—The pend-
ency of an action for judicial review of a designation 
shall not affect the application of this section, unless 
the court issues a final order setting aside the des-
ignation. 
‘‘(c) RELEVANT COMMITTEE DEFINED.—As used in 
this section, the term ‘relevant committees’ means the 
Committees on the Judiciary of the House of Representa-
tives and of the Senate.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents for the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.) is amended by inserting after 
the item relating to section 219 the following: 
‘‘Sec. 219A. Designation of criminal street gangs.’’. 
SEC. 508. MANDATORY DETENTION OF SUSPECTED CRIMI-
NAL STREET GANG MEMBERS. 
(a) IN GENERAL.—Section 236(c)(1)(d) of the Immi-
gration and Nationality Act (8 U.S.C. 1226(c)(1)(d)) is 
amended— 
(1) by inserting ‘‘or 212(a)(2)(J)’’ after 
‘‘212(a)(3)(B)’’; and 
(2) by inserting ‘‘or 237(a)(2)(F)’’ before 
‘‘237(a)(4)(B)’’.
169 
(b) ANNUAL REPORT.—Not later than March 1 of 
each year (beginning 1 year after the date of the enact-
ment of this Act), the Secretary of Homeland Security, 
after consultation with the appropriate Federal agencies, 
shall submit a report to the Committees on the Judiciary 
of the House of Representatives and of the Senate on the 
number of aliens detained under the amendments made 
by subsection (a). 
SEC. 509. INELIGIBILITY FROM PROTECTION FROM RE-
MOVAL AND ASYLUM. 
(a) INAPPLICABILITY OF RESTRICTION ON REMOVAL 
TO CERTAIN COUNTRIES.—Section 241(b)(3)(B) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1251(b)(3)(B)) is amended, in the matter preceding 
clause (i), by inserting ‘‘who is described in section 
212(a)(2)(J)(i) or section 237(a)(2)(F)(i) or who is’’ after 
‘‘to an alien’’. 
(b) 
INELIGIBILITY
FOR
ASYLUM.—Section 
208(b)(2)(A) of such act (8 U.S.C. 1158(b)(2)(A)) is 
amended— 
(1) in clause (v), by striking ‘‘or’’ at the end; 
(2) by redesignating clause (vi) as clause (vii); 
and 
(3) by inserting after clause (v) the following:
170 
‘‘(vi) the alien is described in section 
212(a)(2)(J)(i) or section 237(a)(2)(F)(i) 
(relating to participation in criminal street 
gangs); or’’. 
(c) DENIAL OF REVIEW OF DETERMINATION OF IN-
ELIGIBILITY
FOR TEMPORARY PROTECTED STATUS.— 
Section 244(c)(2) of such Act (8 U.S.C. 1254(c)(2)) is 
amended by adding at the end the following: 
‘‘(C) LIMITATION ON JUDICIAL REVIEW.— 
There shall be no judicial review of any finding 
under subparagraph (B) that an alien is de-
scribed in section 208(b)(2)(A)(vi).’’. 
SEC. 510. PENALTIES FOR MISUSING SOCIAL SECURITY 
NUMBERS OR FILING FALSE INFORMATION 
WITH SOCIAL SECURITY ADMINISTRATION. 
(a) MISUSE OF SOCIAL SECURITY NUMBERS.— 
(1) IN GENERAL.—Section 208(a) of the Social 
Security Act (42 U.S.C. 408(a)) is amended— 
(A) in paragraph (7), by adding after sub-
paragraph (C) the following: 
‘‘(D) with intent to deceive, discloses, sells, 
or transfers his own social security account 
number, assigned to him by the Commissioner 
of Social Security (in the exercise of the Com-
missioner’s authority under section 205(c)(2) to
171 
establish and maintain records), to any person; 
or’’; 
(B) in paragraph (8), by adding ‘‘or’’ at 
the end; and 
(C) by inserting after paragraph (8) the 
following: 
‘‘(9) without lawful authority, offers, for a fee, 
to acquire for any individual, or to assist in acquir-
ing for any individual, an additional social security 
account number or a number that purports to be a 
social security account number; 
‘‘(10) willfully acts or fails to act so as to cause 
a violation of section 205(c)(2)(C)(xii); 
‘‘(11) being an officer or employee of any exec-
utive, legislative, or judicial agency or instrumen-
tality of the Federal Government or of a State or 
political subdivision thereof (or a person acting as 
an agent of such an agency or instrumentality) in 
possession of any individual’s social security account 
number (or an officer or employee thereof or a per-
son acting as an agent thereof), willfully acts or fails 
to act so as to cause a violation of clause (vi)(II), 
(x), (xi), (xii), (xiii), or (xiv) of section 205(c)(2)(C); 
or
172 
‘‘(12) being a trustee appointed in a case under 
title 11, United States Code (or an officer or em-
ployee thereof or a person acting as an agent there-
of), willfully acts or fails to act so as to cause a vio-
lation of clause (x) or (xi) of section 205(c)(2)(C).’’. 
(2) EFFECTIVE
DATES.—Paragraphs (7)(D) 
and (9) of section 208(a) of the Social Security Act, 
as added by paragraph (1), shall apply with respect 
to each violation occurring after the date of enact-
ment of this Act. Paragraphs (10), (11), and (12) 
of section 208(a) of such Act, as added by para-
graph (1)(C), shall apply with respect to each viola-
tion occurring on or after the effective date of this 
Act. 
(b) REPORT
ON ENFORCEMENT EFFORTS CON-
CERNING EMPLOYERS FILING FALSE INFORMATION RE-
TURNS.—The Commissioner of Internal Revenue and the 
Commissioner of Social Security shall submit an annual 
report to the appropriate congressional committees on ef-
forts taken to identify and enforce penalties against em-
ployers that file incorrect information returns.
173 
Subtitle B—Detention, Removal 
and Departure 
SEC. 511. VOLUNTARY DEPARTURE. 
(a) IN GENERAL.—Section 240B of the Immigration 
and Nationality Act (8 U.S.C. 1229c) is amended to read 
as follows: 
‘‘VOLUNTARY DEPARTURE 
‘‘SEC. 240B. (a) IN LIEU OF PROCEEDINGS.—The 
Secretary of Homeland Security may permit an alien vol-
untarily to depart the United States at the alien’s own 
expense under this subsection, in lieu of being subject to 
proceedings under section 240 and in lieu of applying for 
another form of relief from removal, if the alien is not 
deportable under paragraph (2)(A)(iii) or (4)(B) of section 
237(a). Permission to depart voluntarily under this sub-
section shall not be valid for a period exceeding 90 days 
and cannot be extended. The Secretary of Homeland Secu-
rity shall require an alien permitted to depart voluntarily 
under this subsection to post a voluntary departure bond, 
in an amount necessary to ensure that the alien will de-
part, to be surrendered upon proof that the alien has de-
parted the United States within the time specified. 
‘‘(b) PRIOR TO SCHEDULING MERITS HEARING.— 
The Secretary of Homeland Security may permit an alien 
voluntarily to depart the United States at the alien’s own
174 
expense under this subsection prior to the scheduling of 
the first merits hearing, in lieu of applying for another 
form of relief from removal, if the alien is not deportable 
under paragraph (2)(A)(iii) or (4)(B) of section 237(a). 
Permission to depart voluntarily under this subsection 
shall not be valid for a period exceeding 60 days and can-
not be extended. The Secretary shall require an alien per-
mitted to depart voluntarily under this subsection to post 
a voluntary departure bond, in an amount necessary to 
ensure that the alien will depart, to be surrendered upon 
proof that the alien has departed the United States within 
the time specified. 
‘‘(c) ONCE FIRST MERITS HEARING SCHEDULED.— 
‘‘(1) IN GENERAL.—Once the first merits hear-
ing has been scheduled under section 240, the Sec-
retary of Homeland Security may permit an alien 
voluntarily to depart the United States at the alien’s 
own expense under this subsection, in lieu of pur-
suing another form of relief from removal, if the im-
migration judge enters an order granting voluntary 
departure in lieu of removal and finds that— 
‘‘(A) the alien has been physically present 
in the United States for a period of at least one 
year immediately preceding the date the notice 
to appear was served under section 239(a);
175 
‘‘(B) the alien is, and has been, a person 
of good moral character for at least 5 years im-
mediately preceding the alien’s application for 
voluntary departure; 
‘‘(C) the alien is not deportable under 
paragraph (2)(A)(iii) or (4)(B) of section 
237(a); and 
‘‘(D) the alien has established by clear and 
convincing evidence that the alien has the 
means to depart the United States and intends 
to do so. 
‘‘(2) PERIOD.—Permission to depart voluntarily 
under this subsection shall not be valid for a period 
exceeding 45 days and cannot be extended. 
‘‘(3) BOND.—The Secretary of Homeland Secu-
rity shall require an alien permitted to depart volun-
tarily under this subsection to post a voluntary de-
parture bond, in an amount necessary to ensure that 
the alien will depart, to be surrendered upon proof 
that the alien has departed the United States within 
the time specified. 
‘‘(d) ALIENS NOT ELIGIBLE.—The Secretary of 
Homeland Security shall not permit an alien to depart vol-
untarily under this section if the alien was previously per-
176 
mitted to depart voluntarily under section 244(e) or this 
section, or to voluntarily return, at any time. 
‘‘(e) CIVIL PENALTY FOR FAILURE TO DEPART.—If 
an alien is permitted to depart voluntarily under this sec-
tion and fails voluntarily to depart the United States with-
in the time period specified, the alien shall be subject to 
a civil penalty of not less than $1,000 and not more than 
$5,000, and be ineligible for a period of 10 years for any 
further relief under this section and sections 240A, 245, 
248, and 249. The order permitting the alien to depart 
voluntarily shall inform the alien of the penalties under 
this subsection. 
‘‘(f) ADDITIONAL CONDITIONS.—The Secretary of 
Homeland Security may by regulation limit eligibility for 
voluntary departure under this section for any class or 
classes of aliens. No court may review any regulation 
issued under this subsection. 
‘‘(g) TREATMENT
OF ALIENS ARRIVING
IN
THE 
UNITED STATES.—In the case of an alien who is arriving 
in the United States and with respect to whom pro-
ceedings under section 240 are (or would otherwise be) 
initiated at the time of such alien’s arrival, subsections 
(a) through (c) shall not apply. Nothing in this paragraph 
shall be construed as preventing such an alien from with-
177 
drawing the application for admission in accordance with 
section 235(a)(4). 
‘‘(h) REVIEW.—There shall be no administrative or 
judicial review of a denial of a request for an order of 
voluntary departure. No court or agency shall order a stay 
of an alien’s removal pending consideration of any claim 
with respect to voluntary departure. The order permitting 
the alien to depart voluntarily shall inform the alien that 
the alien has no right to appeal any issue relating to the 
removal proceeding.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to aliens who are in pro-
ceedings under the Immigration and Nationality Act on 
or after such date if those proceedings have not resulted 
in a final administrative order before such date. 
(c) VOLUNTARY DEPARTURE AGREEMENTS NEGO-
TIATED BY STATE OR LOCAL COURTS.— 
(1) The Secretary of Homeland Security may 
permit an alien voluntarily to depart the United 
States at the alien’s own expense under this sub-
section at any time prior to the scheduling of the 
first merits hearing, in lieu of applying for another 
form of relief from removal, if the alien— 
(A) is deportable under section 237(a)(1),
178 
(B) is charged in a criminal proceeding in 
a state or local court for which conviction would 
subject the alien to deportation under sub-
sections 237(a)(2) through (a)(6), and 
(C) has accepted a plea bargain in such 
proceeding which stipulates that the alien, after 
consultation with counsel in such proceeding, (i) 
voluntarily waives application for another form 
of relief from removal, (ii) consents to transpor-
tation, under custody of a law enforcement offi-
cer of the state or local court, to an appropriate 
international port of entry where departure 
from the United States will occur, (iii) pos-
sesses or will promptly obtain travel documents 
issued by the foreign state of which the alien is 
a national or legal resident, and (iv) possesses 
the means to purchase transportation from the 
port of entry to the foreign state to which the 
alien will depart from the United States. 
(2) The Secretary shall promptly review an ap-
plication for voluntary departure for compliance with 
the requirements of paragraph (1). The Secretary 
shall permit voluntary departure under this sub-
section unless the state or local jurisdiction is in-
formed in writing no later that 30 days after such
179 
application is filed, that the Secretary intends to 
seek removal under section 240. 
SEC. 512. EXPEDITED EXCLUSION. 
Section 235(b)(1)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1225(b)(1)(A)) is amended by striking 
clauses (i) through (iii) and inserting the following: 
‘‘(i) IN GENERAL.—If an immigration 
officer determines that an alien (other 
than an alien described in subparagraph 
(F)) who is arriving in the United States, 
or who has not been admitted or paroled 
into the United States and has not been 
physically present in the United States 
continuously for the 5- year period imme-
diately prior to the date of the determina-
tion of inadmissibility under this para-
graph, 
is 
inadmissible 
under 
section 
212(a)(6)(c) or 212(a)(7), the officer shall 
order the alien removed from the United 
States without further hearing or review, 
unless— 
‘‘(I) the alien has been charged 
with a crime; or 
‘‘(II) the alien indicates an inten-
tion to apply for asylum under section
180 
208 or a fear of persecution and the 
officer determines that the alien has 
been physically present in the United 
States for less than 1 year. 
‘‘(ii) CLAIMS FOR ASYLUM.—If an im-
migration officer determines that an alien 
(other than an alien described in subpara-
graph (F)) who is arriving in the United 
States, or who has not been admitted or 
paroled into the United States and has not 
been physically present in the United 
States continuously for the 5-year period 
immediately prior to the date of the deter-
mination of inadmissibility under this 
paragraph, is inadmissible under section 
212(a)(6)(C) or 212(a)(7), and the alien 
indicates either an intention to apply for 
asylum under section 208 or a fear of per-
secution, the officer shall refer the alien 
for an interview by an asylum officer under 
subparagraph (B) if the officer determines 
that the alien has been physically present 
in the United States for less than 1 year.’’.
181 
SEC. 513. EXPEDITED REMOVAL OF CRIMINAL ALIENS. 
(a) IN GENERAL.—Section 238 of the Immigration 
and Nationality Act (8 U.S.C. 1228) is amended— 
(1) by amending the section heading to read as 
follows: 
‘‘EXPEDITED
REMOVAL
OF
CRIMINAL 
ALIENS’’; 
(2) in subsection (a), by amending the sub-
section heading to read as follows: ‘‘EXPEDITED RE-
MOVAL FROM CORRECTIONAL FACILITIES’’; 
(3) in subsection (b), by amending the sub-
section heading to read as follows: ‘‘REMOVAL OF 
CRIMINAL ALIENS’’; 
(4) in subsection (b), by striking paragraphs 
(1) and (2) and inserting the following: 
‘‘(1) IN GENERAL.—The Secretary may, in the 
case of an alien described in paragraph (2), deter-
mine the deportability of such alien and issue an 
order of removal pursuant to the procedures set 
forth in this subsection or section 240. 
‘‘(2) ALIENS
DESCRIBED.—An alien is de-
scribed in this paragraph if the alien, whether or not 
admitted into the United States, was convicted of 
any criminal offense described in subparagraph 
(A)(iii), (C), or (D) of section 237(a)(2).’’; 
(5) in the first subsection (c) (relating to pre-
sumption of deportability), by striking ‘‘convicted of
182 
an aggravated felony’’ and inserting ‘‘described in 
paragraph (b)(2)’’; 
(6) by redesignating the second subsection (c) 
(relating to judicial removal) as subsection (d); and 
(7) in subsection (d)(5) (as so redesignated), by 
striking ‘‘, who is deportable under this Act,’’. 
(b) 
LIMIT
ON
INJUNCTIVE
RELIEF.—Section 
242(f)(2) of such Act (8 U.S.C. 1252(f)(2)) is amended 
by inserting ‘‘or stay, whether temporarily or otherwise,’’ 
after ‘‘enjoin’’. 
SEC. 514. REINSTATEMENT OF PREVIOUS REMOVAL OR-
DERS. 
Section 241(a)(5) of the Immigration and Nationality 
Act (8 U.S.C. 1231(a)(5)) is amended to read as follows: 
‘‘(5) REINSTATEMENT OF PREVIOUS REMOVAL 
ORDERS.— 
‘‘(A) REMOVAL.—The Secretary of Home-
land Security shall remove an alien who is an 
applicant for admission (other than an admis-
sible alien presenting himself or herself for in-
spection at a port of entry or an alien paroled 
into 
the 
United 
States 
under 
section 
212(d)(5)), after having been, on or after Sep-
tember 30, 1996, excluded, deported, or re-
183 
moved, or having departed voluntarily under an 
order of exclusion, deportation, or removal. 
‘‘(B) JUDICIAL REVIEW.—The removal de-
scribed in subparagraph (A) shall not require 
any proceeding before an immigration judge, 
and shall be under the prior order of exclusion, 
deportation, or removal, which is not subject to 
reopening or review. The alien is not eligible 
and may not apply for or receive any immigra-
tion relief or benefit under this Act or any other 
law, with the exception of sections 208 or 
241(b)(3) or the United Nations Convention 
Against Torture and Other Cruel, Inhuman, or 
Degrading Treatment or Punishment in the 
case of an alien who indicates either an inten-
tion to apply for asylum under section 208 or 
a fear of persecution or torture.’’. 
SEC. 515. CANCELLATION OF REMOVAL. 
Section 240A(c) of the Immigration and Nationality 
Act (8 U.S.C. 1229b(c)) is amended by adding at the end 
the following: 
‘‘(7) An alien who is inadmissible under section 
212(a)(9)(B)(i).’’. 
SEC. 516. DETENTION OF DANGEROUS ALIENS. 
(a) REMOVAL OF TERRORIST ALIENS.—
184 
(1) IN GENERAL.—Title II of the Immigration 
and Nationality Act (8 U.S.C. 1151 et seq.) is 
amended— 
(A) in section 208(b)(2)(A) (8 U.S.C. 
1158(b)(2)(A)), by amending clause (v) to read 
as follows: 
‘‘(v) the alien is described in section 212(a)(3)(B), 
212(a)(3)(F), or 237(a)(4)(B) unless, in the case only of 
an alien described in section 212(a)(3)(B)(i)(IV), the Sec-
retary of Homeland Security or the Attorney General de-
termines that there are not reasonable grounds for regard-
ing the alien as a danger to the security of the United 
States; or’’; 
(B) 
in 
section 
240A(c) 
(8 
U.S.C. 
1229b(c)), by amending paragraph (4) to read 
as follows: 
‘‘(4) An alien described in section 212(a)(3) or 
237(a)(4).’’; 
(C) in section 240B(b)(1)(C) (8 U.S.C. 
1229c(b)(1)(C)), 
by 
striking 
‘‘deportable 
under’’ and inserting ‘‘described in’’; 
(D) in section 241(b)(3)(B) (8 U.S.C. 
1251(b)(3)(B))— 
(i) in clause (iii), by striking ‘‘or’’ at 
the end;
185 
(ii) in clause (iv), by striking the pe-
riod at the end and inserting ‘‘; or’’; 
(iii) by inserting after clause (iv) the 
following: 
‘‘(v) the alien is described in section 
212(a)(3)(B), 
212(a)(3)(F), 
or 
237(a)(4)(B), unless, in the case only of 
an 
alien 
described 
in 
section 
212(a)(3)(B)(i)(IV), 
the 
Secretary 
of 
Homeland Security or the Attorney Gen-
eral determines that there are not reason-
able grounds for regarding the alien as a 
danger to the security of the United 
States.’’; and 
(iv) by striking ‘‘For purposes of 
clause (iv)’’ and all that follows; and 
(E) in section 249 (8 U.S.C. 1259)— 
(i) by striking ‘‘inadmissible under 
section 212(a)(3)(E) or under section’’ and 
inserting 
‘‘described 
in 
section 
212(a)(3)(E) or’’; and 
(ii) in subsection (d), by striking ‘‘to 
citizenship and is not deportable under’’ 
and inserting ‘‘for citizenship and is not 
described in’’.
186 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect on the date of en-
actment of this Act and shall apply to— 
(A) all aliens subject to removal, deporta-
tion, or exclusion at any time; and 
(B) acts and conditions constituting a 
ground for inadmissibility, excludability, depor-
tation, or removal occurring or existing before, 
on, or after such effective date. 
(b) DETENTION OF DANGEROUS ALIENS.— 
(1) IN GENERAL.—Section 241(a) of the Immi-
gration and Nationality Act (8 U.S.C. 1231(a)) is 
amended— 
(A) by striking ‘‘Attorney General’’ and in-
serting ‘‘Secretary of Homeland Security’’ each 
place it appears; 
(B) in paragraph (2), by inserting ‘‘If a 
court orders a stay of removal of an alien who 
is subject to an order of removal that is admin-
istratively final, the Secretary of Homeland Se-
curity, in the exercise of the Secretary’s discre-
tion, may detain the alien during the pendency 
of such stay of removal, before the beginning of 
the removal period, as provided in paragraph 
(1)(B)(ii).’’ after ‘‘detain the alien.’’; and
187 
(C) in paragraph (6), by striking ‘‘removal 
period and, if released,’’ and inserting ‘‘removal 
period, in the discretion of the Secretary, with-
out any limitations other than those specified 
by the Secretary of Homeland Security by regu-
lation, until the alien is removed. If an alien is 
released, the alien’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect upon the date of 
enactment of this Act, and shall apply to cases in 
which the final administrative removal order was 
issued before, on, or after such date. 
SEC. 517. ALTERNATIVES TO DETENTION. 
The Secretary of Homeland Security shall implement 
pilot programs in six States with the largest estimated 
populations of deportable aliens to study the effectiveness 
of alternatives to detention, including electronic moni-
toring devices and intensive supervision programs, in en-
suring alien appearance at court and compliance with re-
moval orders. 
SEC. 518. RELEASE OF ALIENS FROM NONCONTIGUOUS 
COUNTRIES. 
(a) MINIMUM BOND.—Section 236(a)(2) of the Im-
migration and Nationality Act (8 U.S.C. 1226(a)(2)) is 
amended—
188 
(1) by striking ‘‘on’’; 
(2) in subparagraph (a)— 
(A) by inserting ‘‘except as provided under 
subparagraph (B), upon the giving of a’’ before 
‘‘bond’’; and 
(B) by striking ‘‘or’’ at the end; 
(3) by redesignating subparagraph (B) as sub-
paragraph (C); and 
(4) by inserting after subparagraph (A) the fol-
lowing: 
‘‘(B) if the alien is a national of a non-
contiguous country, has not been admitted or 
paroled into the United States, and was appre-
hended within 100 miles of the international 
border of the United States or presents a flight 
risk, as determined by the Secretary of Home-
land Security, upon the giving of a bond of at 
least $5,000 with security approved by, and 
containing conditions prescribed by, the Sec-
retary of Homeland Security or the Attorney 
General; or’’. 
(b) REPORT.—Two years after the effective date of 
this Act, the Secretary of Homeland Security shall submit 
a report to Congress on the number of aliens from non-
189 
contiguous countries who are apprehended between land 
border ports of entry. 
SEC. 519. CONTINUANCES; CHANGES OF VENUE. 
(a) IN GENERAL.—Section 240(b)(1) of the Immi-
gration and Nationality Act (8 U.S.C. 1229a(b)(1)) is 
amended by adding at the end the following: 
‘‘The immigration judge may not grant a continuance to 
permit an alien to become eligible for relief under any pro-
vision of law. In proceedings under this section or under 
section 236, the immigration judge may not grant a 
change of venue for an alien who has not been inspected 
and admitted or paroled into the United States. For all 
other aliens, the immigration judge may grant a change 
of venue only if the alien demonstrates that the alien can-
not obtain a fair proceeding in the current venue.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to continuances and 
changes of venue sought after such date. 
SEC. 520. AUTHORIZATION OF APPROPRIATIONS. 
In addition to amounts otherwise authorized to be ap-
propriated, there are authorized to be appropriated such 
sums as may be necessary for each of fiscal years 2007 
through 2011 to carry out this title. 
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