years if the violation involved an alien who the 
offender knew or had reason to believe was— 
‘‘(i) engaged in terrorist activity (as 
defined in section 212(a)(3)(B)); or 
‘‘(ii) intending to engage in terrorist 
activity; or 
‘‘(G) if the violation caused or resulted in 
the death of any person, be punished by death or 
imprisoned for a term of years not less than 10 
years and up to life, and fined under title 18, 
United States Code. 
‘‘(3) LIMITATION.—It is not a violation of sub-
paragraph (D), (E), or (F) of paragraph (1) for a re-
ligious denomination having a bona fide nonprofit, 
religious organization in the United States, or the 
agents or officers of such denomination or organiza-
tion, to encourage, invite, call, allow, or enable an 
alien who is present in the United States to perform 
the vocation of a minister or missionary for the de-
nomination or organization in the United States as 
a volunteer who is not compensated as an employee, 
notwithstanding the provision of room, board, travel, 
medical assistance, and other basic living expenses, 
provided the minister or missionary has been a mem-
ber of the denomination for at least 1 year. 
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‘‘(4) EXTRATERRITORIAL JURISDICTION.—There 
is extraterritorial Federal jurisdiction over the of-
fenses described in this subsection. 
‘‘(b) SEIZURE AND FORFEITURE.— 
‘‘(1) IN GENERAL.—Any real or personal prop-
erty used to commit or facilitate the commission of a 
violation of this section, the gross proceeds of such 
violation, and any property traceable to such prop-
erty or proceeds, shall be subject to forfeiture. 
‘‘(2) APPLICABLE
PROCEDURES.—Seizures and 
forfeitures under this subsection shall be governed by 
the provisions of chapter 46 of title 18, United States 
Code, relating to civil forfeitures, except that such du-
ties as are imposed upon the Secretary of the Treas-
ury under the customs laws described in section 
981(d) shall be performed by such officers, agents, and 
other persons as may be designated for that purpose 
by the Secretary of Homeland Security. 
‘‘(3) PRIMA
FACIE
EVIDENCE
IN
DETERMINA-
TIONS
OF
VIOLATIONS.—In determining whether a 
violation of subsection (a) has occurred, prima facie 
evidence that an alien involved in the alleged viola-
tion lacks lawful authority to come to, enter, reside 
in, remain in, or be in the United States or that such 
alien had come to, entered, resided in, remained in, 
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or been present in the United States in violation of 
law may include: 
‘‘(A) any order, finding, or determination 
concerning the alien’s status or lack of status 
made by a Federal judge or administrative adju-
dicator (including an immigration judge or im-
migration officer) during any judicial or admin-
istrative proceeding authorized under Federal 
immigration law; 
‘‘(B) official records of the Department of 
Homeland Security, the Department of Justice, 
or the Department of State concerning the alien’s 
status or lack of status; and 
‘‘(C) testimony by an immigration officer 
having personal knowledge of the facts con-
cerning the alien’s status or lack of status. 
‘‘(c) AUTHORITY TO ARREST.—No officer or person 
shall have authority to make any arrests for a violation 
of any provision of this section except: 
‘‘(1) officers and employees designated by the 
Secretary of Homeland Security, either individually 
or as a member of a class; and 
‘‘(2) other officers responsible for the enforcement 
of Federal criminal laws. 
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‘‘(d) ADMISSIBILITY OF VIDEOTAPED WITNESS TESTI-
MONY.—Notwithstanding any provision of the Federal 
Rules of Evidence, the videotaped or otherwise audio-
visually preserved deposition of a witness to a violation of 
subsection (a) who has been deported or otherwise expelled 
from the United States, or is otherwise unavailable to tes-
tify, may be admitted into evidence in an action brought 
for that violation if: 
‘‘(1) the witness was available for cross examina-
tion at the deposition by the party, if any, opposing 
admission of the testimony; and 
‘‘(2) the deposition otherwise complies with the 
Federal Rules of Evidence. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) CROSS
THE
BORDER
TO
THE
UNITED 
STATES.—The term ‘cross the border’ refers to the 
physical act of crossing the border, regardless of 
whether the alien is free from official restraint. 
‘‘(2) LAWFUL AUTHORITY.—The term ‘lawful au-
thority’ means permission, authorization, or license 
that is expressly provided for in the immigration 
laws of the United States or accompanying regula-
tions. The term does not include any such authority 
secured by fraud or otherwise obtained in violation of 
law or authority sought, but not approved. No alien 
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100 
shall be deemed to have lawful authority to come to, 
enter, reside in, remain in, or be in the United States 
if such coming to, entry, residence, remaining, or 
presence was, is, or would be in violation of law. 
‘‘(3) PROCEEDS.—The term ‘proceeds’ includes 
any property or interest in property obtained or re-
tained as a consequence of an act or omission in vio-
lation of this section. 
‘‘(4) UNLAWFUL TRANSIT.—The term ‘unlawful 
transit’ means travel, movement, or temporary pres-
ence that violates the laws of any country in which 
the alien is present or any country from which or to 
which the alien is traveling or moving.’’. 
(b) CLERICAL AMENDMENT.—The table of contents for 
the Immigration and Nationality Act is amended by strik-
ing the item relating to section 274 and inserting the fol-
lowing: 
‘‘Sec. 274. Alien smuggling and related offenses.’’. 
(c) PROHIBITING CARRYING OR USING A FIREARM 
DURING
AND
IN RELATION
TO
AN ALIEN SMUGGLING 
CRIME.—Section 924(c) of title 18, United States Code, is 
amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A)—— 
(i) by inserting ‘‘, alien smuggling 
crime,’’ after ‘‘any crime of violence’’; and 
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101 
(ii) by inserting ‘‘, alien smuggling 
crime,’’ after ‘‘such crime of violence’’; and 
(B) in subparagraph (D)(ii), by inserting 
‘‘, alien smuggling crime,’’ after ‘‘crime of vio-
lence’’; and 
(2) by adding at the end the following: 
‘‘(6) For purposes of this subsection, the term ‘alien 
smuggling crime’ means any felony punishable under sec-
tion 274(a), 277, or 278 of the Immigration and Nation-
ality Act (8 U.S.C. 1324(a), 1327, and 1328).’’. 
SEC. 315. PENALTIES FOR ILLEGAL ENTRY OR PRESENCE. 
(a) IN GENERAL.—Section 275 of the Immigration 
and Nationality Act (8 U.S.C. 1325) is amended to read 
as follows: 
‘‘ILLEGAL ENTRY OR PRESENCE 
‘‘SEC. 275. (a) IN GENERAL.— 
‘‘(1) ILLEGAL ENTRY.—An alien shall be subject 
to the penalties set forth in paragraph (2) if the alien: 
‘‘(A) knowingly enters or crosses the border 
into the United States at any time or place other 
than as designated by the Secretary of Homeland 
Security; 
‘‘(B) knowingly eludes, at any time or 
place, examination or inspection by an author-
ized immigration, customs, or agriculture officer 
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102 
(including by failing to stop at the command of 
such officer); 
‘‘(C) knowingly enters or crosses the border 
to the United States and, upon examination or 
inspection, knowingly makes a false or mis-
leading representation or the knowing conceal-
ment of a material fact (including such represen-
tation or concealment in the context of arrival, 
reporting, entry, or clearance requirements of the 
customs laws, immigration laws, agriculture 
laws, or shipping laws); 
‘‘(D) knowingly violates the terms or condi-
tions of the alien’s admission or parole into the 
United States; or 
‘‘(E) knowingly is unlawfully present in the 
United 
States 
(as 
defined 
in 
section 
212(a)(9)(B)(ii) subject to the exceptions set for 
in section 212(a)(9)(B)(iii)). 
‘‘(2) CRIMINAL PENALTIES.—Any alien who vio-
lates any provision under paragraph (1): 
‘‘(A) shall, for the first violation, be fined 
under title 18, United States Code, imprisoned 
not more than 6 months, or both; 
‘‘(B) shall, for a second or subsequent viola-
tion, or following an order of voluntary depar-
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103 
ture, be fined under such title, imprisoned not 
more than 2 years (or not more than 6 months 
in the case of a second or subsequent violation of 
paragraph (1)(E)), or both; 
‘‘(C) if the violation occurred after the alien 
had been convicted of 3 or more misdemeanors or 
for a felony, shall be fined under such title, im-
prisoned not more than 10 years, or both; 
‘‘(D) if the violation occurred after the alien 
had been convicted of a felony for which the alien 
received a term of imprisonment of not less than 
30 months, shall be fined under such title, im-
prisoned not more than 15 years, or both; and 
‘‘(E) if the violation occurred after the alien 
had been convicted of a felony for which the alien 
received a term of imprisonment of not less than 
60 months, such alien shall be fined under such 
title, imprisoned not more than 20 years, or 
both. 
‘‘(3) PRIOR CONVICTIONS.—The prior convictions 
described in subparagraphs (C) through (E) of para-
graph (2) are elements of the offenses described and 
the penalties in such subparagraphs shall apply only 
in cases in which the conviction or convictions that 
form the basis for the additional penalty are— 
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104 
‘‘(A) alleged in the indictment or informa-
tion; and 
‘‘(B) proven beyond a reasonable doubt at 
trial or admitted by the defendant. 
‘‘(4) DURATION OF OFFENSE.—An offense under 
this subsection continues until the alien is discovered 
within the United States by an immigration, cus-
toms, or agriculture officer. 
‘‘(5) ATTEMPT.—Whoever attempts to commit 
any offense under this section shall be punished in the 
same manner as for a completion of such offense. 
‘‘(b) IMPROPER TIME OR PLACE; CIVIL PENALTIES.— 
Any alien who is apprehended while entering, attempting 
to enter, or knowingly crossing or attempting to cross the 
border to the United States at a time or place other than 
as designated by immigration officers shall be subject to a 
civil penalty, in addition to any criminal or other civil 
penalties that may be imposed under any other provision 
of law, in an amount equal to— 
‘‘(1) not less than $50 or more than $250 for 
each such entry, crossing, attempted entry, or at-
tempted crossing; or 
‘‘(2) twice the amount specified in paragraph (1) 
if the alien had previously been subject to a civil pen-
alty under this subsection.’’. 
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105 
(b) CLERICAL AMENDMENT.—The table of contents for 
the Immigration and Nationality Act is amended by strik-
ing the item relating to section 275 and inserting the fol-
lowing: 
‘‘Sec. 275. Illegal entry or presence.’’. 
SEC. 316. ILLEGAL REENTRY. 
Section 276 of the Immigration and Nationality Act 
(8 U.S.C. 1326) is amended to read as follows: 
‘‘REENTRY OF REMOVED ALIEN 
‘‘SEC. 276. (a) REENTRY AFTER REMOVAL.—Any 
alien who has been denied admission, excluded, deported, 
or removed, or who has departed the United States while 
an order of exclusion, deportation, or removal is out-
standing, and subsequently enters, attempts to enter, crosses 
the border to, attempts to cross the border to, or is at any 
time found in the United States, shall be fined under title 
18, United States Code, imprisoned not more than 2 years, 
or both. 
‘‘(b) REENTRY OF CRIMINAL OFFENDERS.—Notwith-
standing the penalty provided in subsection (a), if an alien 
described in that subsection was convicted before such re-
moval or departure— 
‘‘(1) for 3 or more misdemeanors or for a felony, 
the alien shall be fined under title 18, United States 
Code, imprisoned not more than 10 years, or both; 
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106 
‘‘(2) for a felony for which the alien was sen-
tenced to a term of imprisonment of not less than 30 
months, the alien shall be fined under such title, im-
prisoned not less than 2 years and not more than 15 
years, or both; 
‘‘(3) for a felony for which the alien was sen-
tenced to a term of imprisonment of not less than 60 
months, the alien shall be fined under such title, im-
prisoned not less than 4 years and not more than 20 
years, or both; or 
‘‘(4) for murder, rape, kidnapping, or a felony 
offense described in chapter 77 (relating to peonage 
and slavery) or 113B (relating to terrorism) of such 
title, or for 3 or more felonies of any kind, the alien 
shall be fined under such title, imprisoned not less 
than 5 years and not more than 25 years, or both. 
‘‘(c) REENTRY AFTER REPEATED REMOVAL.—Any 
alien who has been denied admission, excluded, deported, 
or removed 3 or more times and thereafter enters, attempts 
to enter, crosses the border to, attempts to cross the border 
to, or is at any time found in the United States, shall be 
fined under title 18, United States Code, imprisoned not 
more than 10 years, or both. 
‘‘(d) PROOF OF PRIOR CONVICTIONS.—The prior con-
victions described in subsection (b) are elements of the 
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107 
crimes described, and the penalties in that subsection shall 
apply only in cases in which the conviction or convictions 
that form the basis for the additional penalty are— 
‘‘(1) alleged in the indictment or information; 
and 
‘‘(2) proven beyond a reasonable doubt at trial 
or admitted by the defendant. 
‘‘(e) AFFIRMATIVE DEFENSES.—It shall be an affirma-
tive defense to a violation of this section that— 
‘‘(1) prior to the alleged violation, the alien had 
sought and received the express consent of the Sec-
retary of Homeland Security to reapply for admis-
sion into the United States; or 
‘‘(2) with respect to an alien previously denied 
admission and removed, the alien— 
‘‘(A) was not required to obtain such ad-
vance consent under the Immigration and Na-
tionality Act or any prior Act; and 
‘‘(B) had complied with all other laws and 
regulations governing the alien’s admission into 
the United States. 
‘‘(f) LIMITATION ON COLLATERAL ATTACK ON UNDER-
LYING REMOVAL ORDER.—In a criminal proceeding under 
this section, an alien may not challenge the validity of any 
prior removal order concerning the alien. 
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108 
‘‘(g) REENTRY OF ALIEN REMOVED PRIOR TO COM-
PLETION OF TERM OF IMPRISONMENT.—Any alien removed 
pursuant to section 241(a)(4) who enters, attempts to enter, 
crosses the border to, attempts to cross the border to, or is 
at any time found in, the United States shall be incarcer-
ated for the remainder of the sentence of imprisonment 
which was pending at the time of deportation without any 
reduction for parole or supervised release unless the alien 
affirmatively demonstrates that the Secretary of Homeland 
Security has expressly consented to the alien’s reentry. Such 
alien shall be subject to such other penalties relating to the 
reentry of removed aliens as may be available under this 
section or any other provision of law. 
‘‘(h) DEFINITIONS.—For purposes of this section and 
section 275, the following definitions shall apply: 
‘‘(1) CROSSES
THE
BORDER
TO
THE
UNITED 
STATES.—The term ‘crosses the border’ refers to the 
physical act of crossing the border, regardless of 
whether the alien is free from official restraint. 
‘‘(2) FELONY.—The term ‘felony’ means any 
criminal offense punishable by a term of imprison-
ment of more than 1 year under the laws of the 
United States, any State, or a foreign government. 
‘‘(3) MISDEMEANOR.—The term ‘misdemeanor’ 
means any criminal offense punishable by a term of 
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109 
imprisonment of not more than 1 year under the ap-
plicable laws of the United States, any State, or a 
foreign government. 
‘‘(4) REMOVAL.—The term ‘removal’ includes 
any denial of admission, exclusion, deportation, or re-
moval, or any agreement by which an alien stipulates 
or agrees to exclusion, deportation, or removal. 
‘‘(5) STATE.—The term ‘State’ means a State of 
the United States, the District of Columbia, and any 
commonwealth, territory, or possession of the United 
States.’’. 
SEC. 317. REFORM OF PASSPORT, VISA, AND IMMIGRATION 
FRAUD OFFENSES. 
Chapter 75 of title 18, United States Code, is amended 
to read as follows: 
‘‘CHAPTER 75—PASSPORTS AND VISAS 
‘‘Sec. 
‘‘1541. Issuance without authority. 
‘‘1542. False statement in application and use of passport. 
‘‘1543. Forgery or false use of passport. 
‘‘1544. Misuse of a passport. 
‘‘1545. Schemes to defraud aliens. 
‘‘1546. Immigration and visa fraud. 
‘‘1547. Attempts and conspiracies. 
‘‘1548. Alternative penalties for certain offenses. 
‘‘1549. Definitions. 
‘‘§ 1541. Issuance without authority 
‘‘(a) IN GENERAL.—Whoever— 
‘‘(1) acting or claiming to act in any office or 
capacity under the United States, or a State, without 
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110 
lawful authority grants, issues, or verifies any pass-
port or other instrument in the nature of a passport 
to or for any person; or 
‘‘(2) being a consular officer authorized to grant, 
issue, or verify passports, knowingly grants, issues, or 
verifies any such passport to or for any person not 
owing allegiance, to the United States, whether a cit-
izen or not; 
shall be fined under this title or imprisoned not more than 
15 years, or both. 
‘‘(b) DEFINITION.—In this section, the term ‘State’ 
means a State of the United States, the District of Colum-
bia, and any commonwealth, territory, or possession of the 
United States. 
‘‘§ 1542. False statement in application and use of 
passport 
‘‘Whoever knowingly— 
‘‘(1) makes any false statement in an applica-
tion for passport with intent to induce or secure the 
issuance of a passport under the authority of the 
United States, either for his own use or the use of an-
other, contrary to the laws regulating the issuance of 
passports or the rules prescribed pursuant to such 
laws; or 
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111 
‘‘(2) uses or attempts to use, or furnishes to an-
other for use any passport the issue of which was se-
cured in any way by reason of any false statement; 
shall be fined under this title or imprisoned not more than 
15 years, or both. 
‘‘§ 1543. Forgery or false use of passport 
‘‘Whoever— 
‘‘(1) falsely makes, forges, counterfeits, mutilates, 
or alters any passport or instrument purporting to be 
a passport, with intent that the same may be used; 
or 
‘‘(2) knowingly uses, or attempts to use, or fur-
nishes to another for use any such false, forged, coun-
terfeited, mutilated, or altered passport or instrument 
purporting to be a passport, or any passport validly 
issued which has become void by the occurrence of any 
condition therein prescribed invalidating the same; 
shall be fined under this title or imprisoned not more than 
15 years, or both. 
‘‘§ 1544. Misuse of a passport 
‘‘Whoever knowingly— 
‘‘(1) uses any passport issued or designed for the 
use of another; 
‘‘(2) uses any passport in violation of the condi-
tions or restrictions therein contained, or in violation 
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112 
of the laws, regulations, or rules governing the 
issuance and use of the passport; 
‘‘(3) secures, possesses, uses, receives, buys, sells, 
or distributes any passport knowing it to be forged, 
counterfeited, altered, falsely made, procured by 
fraud, stolen, or produced or issued without lawful 
authority; or 
‘‘(4) violates the terms and conditions of any 
safe conduct duly obtained and issued under the au-
thority of the United States; 
shall be fined under this title, imprisoned not more than 
15 years, or both. 
‘‘§ 1545. Schemes to defraud aliens 
‘‘Whoever inside the United States, or in or affecting 
interstate or foreign commerce, in connection with any mat-
ter that is authorized by or arises under the immigration 
laws of the United States or any matter the offender claims 
or represents is authorized by or arises under the immigra-
tion laws of the United States, knowingly executes a scheme 
or artifice— 
‘‘(1) to defraud any person, or 
‘‘(2) to obtain or receive money or anything else 
of value from any person by means of false or fraudu-
lent pretenses, representations, or promises; 
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113 
shall be fined under this title, imprisoned not more than 
15 years, or both. 
‘‘§ 1546. Immigration and visa fraud 
‘‘Whoever knowingly— 
‘‘(1) uses any immigration document issued or 
designed for the use of another; 
‘‘(2) forges, counterfeits, alters, or falsely makes 
any immigration document; 
‘‘(3) mails, prepares, presents, or signs any im-
migration document knowing it to contain any mate-
rially false statement or representation; 
‘‘(4) secures, possesses, uses, transfers, receives, 
buys, sells, or distributes any immigration document 
knowing it to be forged, counterfeited, altered, falsely 
made, stolen, procured by fraud, or produced or 
issued without lawful authority; 
‘‘(5) adopts or uses a false or fictitious name to 
evade or to attempt to evade the immigration laws; 
‘‘(6) transfers or furnishes, without lawful au-
thority, an immigration document to another person 
for use by a person other than the person for whom 
the immigration document was issued or designed; or 
‘‘(7) produces, issues, authorizes, or verifies, 
without lawful authority, an immigration document; 
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114 
shall be fined under this title, imprisoned not more than 
15 years, or both. 
‘‘§ 1547. Attempts and conspiracies 
‘‘Whoever attempts or conspires to violate this chapter 
shall be punished in the same manner as a person who com-
pletes that violation. 
‘‘§ 1548. Alternative penalties for certain offenses 
‘‘(a) TERRORISM.—Whoever violates any section in 
this chapter to facilitate an act of international terrorism 
or domestic terrorism (as such terms are defined in section 
2331), shall be fined under this title or imprisoned not more 
than 25 years, or both. 
‘‘(b) DRUG TRAFFICKING OFFENSES.—Whoever vio-
lates any section in this chapter to facilitate a drug traf-
ficking crime (as defined in section 929(a)) shall be fined 
under this title or imprisoned not more than 20 years, or 
both. 
‘‘§ 1549. Definitions 
‘‘In this chapter: 
‘‘(1) An ‘application for a United States pass-
port’ includes any document, photograph, or other 
piece of evidence attached to or submitted in support 
of the application. 
‘‘(2) The term ‘immigration document’ means 
any instrument on which is recorded, by means of let-
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115 
ters, figures, or marks, matters which may be used to 
fulfill any requirement of the Immigration and Na-
tionality Act.’’. 
SEC. 318. FORFEITURE. 
Section 981(a)(1) of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘(I) Any property, real or personal, that has 
been used to commit or facilitate the commission of 
a violation of chapter 75, the gross proceeds of such 
violation, and any property traceable to any such 
property or proceeds.’’. 
SEC. 319. EXPEDITED REMOVAL FOR ALIENS INADMISSIBLE 
ON CRIMINAL OR SECURITY GROUNDS. 
(a) IN GENERAL.—Section 238(b) of the Immigration 
and Nationality Act (8 U.S.C. 1228(b)) is amended– 
(1) in paragraph (1)— 
(A) by striking ‘‘Attorney General’’ and in-
serting ‘‘Secretary of Homeland Security in the 
exercise of discretion’’; and 
(B) by striking ‘‘set forth in this subsection 
or’’ and inserting ‘‘set forth in this subsection, in 
lieu of removal proceedings under’’; 
(2) in paragraph (3), by striking ‘‘paragraph (1) 
until 14 calendar days’’ and inserting ‘‘paragraph 
(1) or (3) until 7 calendar days’’; 
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116 
(3) by striking ‘‘Attorney General’’ each place it 
appears in paragraphs (3) and (4) and inserting 
‘‘Secretary of Homeland Security’’; 
(4) in paragraph (5)— 
(A) by striking ‘‘described in this section’’ 
and inserting ‘‘described in paragraph (1) or 
(2)’’; and 
(B) by striking ‘‘the Attorney General may 
grant in the Attorney General’s discretion’’ and 
inserting ‘‘the Secretary of Homeland Security 
or the Attorney General may grant, in the dis-
cretion of the Secretary or Attorney General, in 
any proceeding’’; 
(5) by redesignating paragraphs (3), (4), and (5) 
as paragraphs (4), (5), and (6), respectively; and 
(6) by inserting after paragraph (2) the fol-
lowing new paragraph: 
‘‘(3) The Secretary of Homeland Security in the 
exercise of discretion may determine inadmissibility 
under section 212(a)(2) (relating to criminal offenses) 
and issue an order of removal pursuant to the proce-
dures set forth in this subsection, in lieu of removal 
proceedings under section 240, with respect to an 
alien who 
‘‘(A) has not been admitted or paroled; 
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117 
‘‘(B) has not been found to have a credible 
fear of persecution pursuant to the procedures set 
forth in section 235(b)(1)(B); and 
‘‘(C) is not eligible for a waiver of inadmis-
sibility or relief from removal.’’. 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect on the date of the enactment 
of this Act but shall not apply to aliens who are in removal 
proceedings under section 240 of the Immigration and Na-
tionality Act as of such date. 
SEC. 320. INCREASED PENALTIES BARRING THE ADMISSION 
OF CONVICTED SEX OFFENDERS FAILING TO 
REGISTER AND REQUIRING DEPORTATION OF 
SEX OFFENDERS FAILING TO REGISTER. 
(a) INADMISSIBILITY.—Section 212(a)(2)(A)(i) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(a)(2)(A)(i)), as amended by section 302(a) of this Act, 
is further amended— 
(1) in subclause (II), by striking ‘‘or’’ at the end; 
(2) in subclause (III), by adding ‘‘or’’ at the end; 
and 
(3) by inserting after subclause (III) the fol-
lowing: 
‘‘(IV) a violation of section 2250 
of title 18, United States Code (relat-
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118 
ing to failure to register as a sex of-
fender),’’. 
(b) DEPORTABILITY.—Section 237(a)(2) of such Act (8 
U.S.C. 1227(a)(2)), as amended by sections 302(c) and 
311(c) of this Act, is further amended— 
(1) in subparagraph (A), by striking clause (v); 
and 
(2) by adding at the end the following: 
‘‘(I) FAILURE TO REGISTER AS A SEX OF-
FENDER.—Any alien convicted of, or who admits 
having committed, or who admits committing 
acts which constitute the essential elements of a 
violation of section 2250 of title 18, United 
States Code (relating to failure to register as a 
sex offender) is deportable.’’. 
(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 acts that occur before, on, or after 
the date of the enactment of this Act. 
SEC. 321. PROTECTING IMMIGRANTS FROM CONVICTED SEX 
OFFENDERS. 
(a) IMMIGRANTS.—Section 204(a)(1) of the Immigra-
tion and Nationality Act (8 U.S.C. 1154(a)(1)), is amend-
ed— 
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119 
(1) in subparagraph (A), by amending clause 
(viii) to read as follows: 
‘‘(viii) Clause (i) shall not apply to a citizen of the 
United States who has been convicted of an offense described 
in subparagraph (A), (I), or (K) of section 101(a)(43), un-
less the Secretary of Homeland Security, in the Secretary’s 
sole and unreviewable discretion, determines that the citizen 
poses no risk to the alien with respect to whom a petition 
described in clause (i) is filed.’’; and 
(2) in subparagraph (B)(i)— 
(A) by redesignating the second subclause 
(I) as subclause (II); and 
(B) by amending such subclause (II) to read 
as follows: 
‘‘(II) Subclause (I) shall not apply in the case of an 
alien admitted for permanent residence who has been con-
victed of an offense described in subparagraph (A), (I), or 
(K) of section 101(a)(43), unless the Secretary of Homeland 
Security, in the Secretary’s sole and unreviewable discre-
tion, determines that the alien lawfully admitted for perma-
nent residence poses no risk to the alien with respect to 
whom a petition described in subclause (I) is filed.’’. 
(b) NONIMMIGRANTS.—Section 101(a)(15)(K) of such 
Act (8 U.S.C. 1101(a)(15)(K)), is amended by striking 
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120 
‘‘204(a)(1)(A)(viii)(I))’’ each place such term appears and 
inserting ‘‘204(a)(1)(A)(viii))’’. 
(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 petitions filed on or after such date. 
SEC. 322. CLARIFICATION TO CRIMES OF VIOLENCE AND 
CRIMES INVOLVING MORAL TURPITUDE. 
(a) INADMISSIBLE ALIENS.—Section 212(a)(2)(A) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(a)(2)(A)) is amended by adding at the end the fol-
lowing: 
‘‘(iii) CLARIFICATION.—If the convic-
tion records do not conclusively establish 
whether a crime constitutes a crime involv-
ing moral turpitude, 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 involving moral turpi-
tude.’’. 
(b) DEPORTABLE ALIENS.— 
(1) GENERAL CRIMES.—Section 237(a)(2)(A) of 
such Act (8 U.S.C. 1227(a)(2)(A)), as amended by 
section 320(b) of this Act, is further amended by in-
serting after clause (iv) the following: 
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121 
‘‘(v) CRIMES INVOLVING MORAL TURPI-
TUDE.—If the conviction records do not 
conclusively establish whether a crime con-
stitutes a crime involving moral turpitude, 
the Attorney General may consider other 
evidence related to the conviction that clear-
ly establishes that the conduct for which the 
alien was engaged constitutes a crime in-
volving moral turpitude.’’. 
(2) DOMESTIC VIOLENCE.—Section 237(a)(2)(E) 
of such Act (8 U.S.C. 1227(a)(2)(E)) is amended by 
adding at the end the following: 
‘‘(iii) CRIMES
OF
VIOLENCE.—If the 
conviction records do not conclusively estab-
lish whether a crime of domestic violence 
constitutes 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 clear-
ly establishes that the conduct for which the 
alien was engaged constitutes a crime of vi-
olence.’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on the date of the enactment of this 
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122 
Act and shall apply to acts that occur before, on, or after 
the date of the enactment of this Act. 
SEC. 323. PENALTIES FOR FAILURE TO OBEY REMOVAL OR-
DERS. 
(a) IN GENERAL.—Section 243(a) of the Immigration 
and Nationality Act (8 U.S.C. 1253(a)) is amended— 
(1) in the matter preceding subparagraph (A) of 
paragraph (1), by inserting ‘‘212(a) or’’ before 
‘‘237(a),’’ ; and 
(2) by striking paragraph (3). 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect on the date of the enactment 
of this Act and shall apply to acts that are described in 
subparagraphs (A) through (D) of section 243(a)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1253(a)(1)) 
that occur on or after the date of the enactment of this Act. 
SEC. 324. PARDONS. 
(a) DEFINITION.—Section 101(a) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)), as amended by sec-
tion 311(a) of this Act, is further amended by adding at 
the end the following: 
‘‘(54) The term ‘pardon’ means a full and uncondi-
tional pardon granted by the President of the United States, 
Governor of any of the several States or constitutionally rec-
ognized body.’’. 
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123 
(b) DEPORTABILITY.—Section 237(a) of such Act (8 
U.S.C. 1227(a)) is amended— 
(1) in paragraph (2)(A), by striking clause (vi); 
and 
(2) by adding at the end the following: 
‘‘(8) PARDONS.—In the case of an alien who has 
been convicted of a crime and is subject to removal 
due to that conviction, if the alien, subsequent to re-
ceiving the criminal conviction, is granted a pardon, 
the alien shall not be deportable by reason of that 
criminal conviction.’’. 
(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 a pardon granted before, on, or after 
such date. 
TITLE IV—VISA SECURITY 
SEC. 401. CANCELLATION OF ADDITIONAL VISAS. 
(a) IN GENERAL.—Section 222(g) of the Immigration 
and Nationality Act (8 U.S.C. 1202(g)) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘Attorney General’’ and in-
serting ‘‘Secretary’’; and 
(B) by inserting ‘‘and any other non-
immigrant visa issued by the United States that 
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124 
is in the possession of the alien’’ after ‘‘such 
visa’’; and 
(2) in paragraph (2)(A), by striking ‘‘(other 
than the visa described in paragraph (1)) issued in 
a consular office located in the country of the alien’s 
nationality’’ and inserting ‘‘(other than a visa de-
scribed in paragraph (1)) issued in a consular office 
located in the country of the alien’s nationality or 
foreign residence’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the date of the enactment 
of this Act and shall apply to a visa issued before, on, or 
after such date. 
SEC. 402. VISA INFORMATION SHARING. 
(a) IN GENERAL.—Section 222(f) of the Immigration 
and Nationality Act (8 U.S.C. 1202(f)(2)) is amended— 
(1) by striking ‘‘issuance or refusal’’ and insert-
ing ‘‘issuance, refusal, or revocation’’; 
(2) in paragraph (2), in the matter preceding 
subparagraph (A), by striking ‘‘and on the basis of 
reciprocity’’; 
(3) in paragraph (2)(A)— 
(A) by inserting ‘‘(i)’’ after ‘‘for the purpose 
of’’; and 
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