193 
(2) shall apply to— 
(A) any alien subject to a final administra-
tive removal, deportation, or exclusion order 
that was issued before, on, or after the date of 
the enactment of this Act; and 
(B) any act or condition occurring or exist-
ing before, on, or after the date of the enact-
ment of this Act. 
SEC. 232. INCREASED CRIMINAL PENALTIES FOR IMMIGRA-
TION VIOLATIONS. 
(a) PENDING PROCEEDINGS.—Section 204(b) (8 
U.S.C. 1154(b)) is amended by adding at the end ‘‘A peti-
tion may not be approved under this section if the peti-
tioner has been found removable from the United States.’’. 
(b) CONDITIONAL
PERMANENT
RESIDENT
STA-
TUS.— 
(1) IN
GENERAL.—Section 216(e) (8 U.S.C. 
1186a(e)) is amended by inserting ‘‘if the alien ap-
plied for the removal of condition not less than 90 
days before applying for naturalization’’ before the 
period at the end. 
(2) CERTAIN ALIEN ENTREPRENEURS.—Section 
216A(e) (8 U.S.C. 1186b(e)) is amended by insert-
ing ‘‘if the alien applied for the removal of condition 
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194 
not less than 90 days before applying for naturaliza-
tion’’ before the period at the end. 
(c) CONCURRENT NATURALIZATION AND REMOVAL 
PROCEEDINGS.—Section 318 (8 U.S.C. 1429) is amended 
to read as follows: 
‘‘SEC. 318. PREREQUISITE TO NATURALIZATION; BURDEN 
OF PROOF. 
‘‘(a) IN GENERAL.—Except as otherwise provided in 
this title, no person shall be naturalized unless the person 
has been lawfully admitted to the United States for per-
manent residence in accordance with all applicable provi-
sions of this Act. The burden of proof shall be upon such 
person to show that the person entered the United States 
lawfully, and the time, place, and manner of such entry 
into the United States, but in presenting such proof the 
person shall be entitled to the production of the person’s’s 
immigrant visa, if any, or of other entry document, if any, 
and of any other documents and records, not considered 
by the Secretary of Homeland Security to be confidential, 
pertaining to such entry, in the custody of the Department 
of Homeland Security. 
‘‘(b) OTHER PROCEEDINGS.—Notwithstanding the 
provisions of section 405(b), and except as provided in sec-
tions 328 and 329, no person shall be naturalized against 
whom there is outstanding a final finding of deportability 
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195 
pursuant to a warrant of arrest issued under the provi-
sions of this or any other Act and no application for natu-
ralization shall be considered by the Secretary of Home-
land Security or any court if there is pending against the 
applicant any removal proceeding or other proceeding to 
determine the applicant’s inadmissibility or deportability, 
or to determine whether the applicant’s lawful permanent 
resident status should be rescinded, if the removal pro-
ceeding or other proceeding was commenced before a final 
agency decision on naturalization made pursuant to a 
hearing requested under section 336(a). The findings of 
the Secretary in terminating removal proceedings or can-
celing the removal of an alien under this Act shall not 
be binding upon the Secretary in determining whether 
such person has established eligibility for naturalization 
under this title.’’. 
(d) 
DISTRICT
COURT
JURISDICTION.—Section 
336(b) (8 U.S.C. 1447(b)) is amended to read as follows: 
‘‘(b) REQUEST
FOR HEARING BEFORE DISTRICT 
COURT.—If a final administrative decision is not rendered 
under section 335 before the end of the 180-day period 
beginning on the date on which the examination is con-
ducted under such section, the applicant may apply to the 
United States district court for the district in which the 
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196 
applicant resides for a hearing on the matter. Such court 
has jurisdiction over the matter and may— 
‘‘(1) determine the matter; or 
‘‘(2) remand the matter, with appropriate in-
structions, to the Secretary of Homeland Security, 
to determine the matter.’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section— 
(1) shall apply to any act that occurred on or 
after the date of enactment of this Act; and 
(2) shall apply to any application for natu-
ralization or any case or matter under the immigra-
tion laws filed on or after such date of enactment. 
SEC. 233. AGGRAVATED FELONY. 
(a) DEFINITION OF AGGRAVATED FELONY.—Section 
101(a)(43) (8 U.S.C. 1101(a)(43)) is amended— 
(1) in the matter preceding subparagraph (A), 
by striking ‘‘The term ‘aggravated felony’ means— 
’’ and inserting ‘‘Notwithstanding any other provi-
sion of law, the term ‘aggravated felony’ applies to 
an offense described in this paragraph, whether in 
violation of Federal or State law, and to such an of-
fense in violation of the law of a foreign country for 
which the term of imprisonment was completed with-
in the previous 15 years, and regardless of whether 
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197 
the conviction was entered before, on, or after Sep-
tember 30, 1996 and means—’’; 
(2) in subparagraph (N), by striking ‘‘para-
graph (1)(A) or (2) of’’ and inserting ‘‘paragraph 
(1)(A), (2), or (4) of’’; and 
(3) by striking the undesignated matter fol-
lowing subparagraph (U). 
(b) EFFECTIVE DATE AND APPLICATION.— 
(1) IN GENERAL.—The amendments made by 
subsection (a) shall— 
(A) take effect on the date of enactment of 
this Act; and 
(B) apply to any act that occurred on or 
after the date of enactment of this Act. 
(2) APPLICATION OF IIRAIRA AMENDMENTS.— 
The amendments to section 101 (a)(43) of the Im-
migration and Nationality Act made by section 321 
of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (division C of Public Law 
104–208; 110 Stat. 3009–627) shall continue to 
apply, whether the conviction was entered before, on, 
or after September 30, 1996. 
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198 
SEC. 234. INCREASED CRIMINAL PENALTIES RELATED TO 
GANG 
VIOLENCE, 
REMOVAL, 
AND 
ALIEN 
SMUGGLING. 
(a) CRIMINAL STREET GANGS.— 
(1) INADMISSIBILITY.—Section 212(a)(2) (8 
U.S.C. 1182(a)(2)) is amended— 
(A) by redesignating subparagraph (F) as 
subparagraph (J); and 
(B) by inserting after subparagraph (E) 
the following: 
‘‘(F) MEMBERS
OF
CRIMINAL
STREET 
GANGS.—Unless the Secretary of Homeland Se-
curity or the Attorney General waives the appli-
cation of this subparagraph, any alien who has 
been convicted of a crime under section 521 of 
title 18, United States Code, is inadmissible.’’. 
(2) DEPORTABILITY.—Section 237(a)(2) (8 
U.S.C. 1227(a)(2)) is amended by adding at the end 
the following: 
‘‘(F) MEMBERS
OF
CRIMINAL
STREET 
GANGS.—Unless the Secretary of Homeland Se-
curity or the Attorney General waives the appli-
cation of this subparagraph, any alien who has 
been convicted of a crime under section 521 of 
title 18, United States Code, is deportable.’’. 
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199 
(3) TEMPORARY PROTECTED STATUS.—Section 
244 (8 U.S.C. 1254a) is amended— 
(A) by striking ‘‘Attorney General’’ each 
place it appears and inserting ‘‘Secretary of 
Homeland Security’’; 
(B) in subsection (c)(2)(B)— 
(i) in clause (i), by striking ‘‘, or’’ at 
the end; 
(ii) in clause (ii), by striking the pe-
riod at the end and inserting ‘‘; or’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(iii) the alien has been convicted of 
a crime under section 521 of title 18, 
United States Code.’’; and 
(C) in subsection (d)— 
(i) by striking paragraph (3); and 
(ii) in paragraph (4), by adding at the 
end the following: ‘‘The Secretary of 
Homeland Security shall detain an alien 
provided temporary protected status under 
this section if the alien is subject to deten-
tion under section 236(c)(1).’’. 
(b) PENALTIES RELATED
TO REMOVAL.—Section 
243 (8 U.S.C. 1253) is amended— 
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200 
(1) in subsection (a)(1)— 
(A) in the matter preceding subparagraph 
(A), by inserting ‘‘212(a) or’’ after ‘‘section’’; 
and 
(B) in the matter following subparagraph 
(D)— 
(i) by striking ‘‘or imprisoned not 
more than four years’’ and inserting ‘‘and 
imprisoned for not more than 5 years’’; 
and 
(ii) by striking ‘‘, or both’’; and 
(2) in subsection (b), by striking ‘‘not more 
than $1000 or imprisoned for not more than one 
year, or both’’ and inserting ‘‘under title 18, United 
States Code, and imprisoned for not more than 5 
years (or for not more than 10 years if the alien is 
removable under paragraph (1)(E), (2), or (4) of 
section 237(a)).’’. 
(c) ALIEN SMUGGLING AND RELATED OFFENSES.— 
(1) IN GENERAL.—Section 274 (8 U.S.C. 1324) 
is amended— 
(A) by striking the section heading and all 
that follows through subsection (a)(1)(B)(iii); 
(B) by striking subsection (a)(1)(C) and 
all that follows through the end; 
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201 
(C) 
by 
redesignating 
subsection 
(a)(1)(B)(iv) as subparagraph (G) and indent-
ing such subparagraph (G) four ems from the 
left margin; 
(D) by amending subparagraph (G), as re-
designated by subparagraph (C), by striking ‘‘in 
the case of a violation of subparagraph (A) (i), 
(ii), (iii), (iv), or (v) resulting’’ and inserting ‘‘if 
the offense resulted’’; 
(E) by inserting before subparagraph (G), 
as redesignated by subparagraph (C), the fol-
lowing: 
‘‘SEC. 274. ALIEN SMUGGLING AND RELATED OFFENSES. 
‘‘(a) CRIMINAL OFFENSES AND PENALTIES.— 
‘‘(1) PROHIBITED ACTIVITIES.—Except as pro-
vided in paragraph (3), a person shall be punished 
as provided under paragraph (2), if the person— 
‘‘(A) encourages, directs, or induces a per-
son to come to or enter the United States, or 
to cross the border to the United States, know-
ing or in reckless disregard of the fact that 
such person is an alien who lacks lawful author-
ity to come to, enter, or cross the border to the 
United States; 
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202 
‘‘(B) encourages, directs, or induces a per-
son to come to or enter the United States, or 
to cross the border to the United States, at a 
place other than a designated port of entry or 
place other than as designated by the Secretary 
of Homeland Security, knowing or in reckless 
disregard of the fact that such person is an 
alien and regardless of whether such alien has 
official permission or lawful authority to be in 
the United States; 
‘‘(C) transports, moves, harbors, conceals, 
or shields from detection a person outside of 
the United States knowing or in reckless dis-
regard of the fact that such person is an alien 
in unlawful transit from 1 country to another 
or on the high seas, under circumstances in 
which the alien is seeking to enter the United 
States without official permission or legal au-
thority; 
‘‘(D) encourages or induces a person to re-
side in the United States, knowing or in reck-
less disregard of the fact that such person is an 
alien who lacks lawful authority to reside in the 
United States; 
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203 
‘‘(E) transports or moves a person in the 
United States, knowing or in reckless disregard 
of the fact that such person is an alien who 
lacks lawful authority to enter or be in the 
United States, if the transportation or move-
ment will further the alien’s illegal entry into or 
illegal presence in the United States; 
‘‘(F) harbors, conceals, or shields from de-
tection a person in the United States, knowing 
or in reckless disregard of the fact that such 
person is an alien who lacks lawful authority to 
be in the United States; or 
‘‘(G) conspires or attempts to commit any 
of the acts described in subparagraphs (A) 
through (F). 
‘‘(2) CRIMINAL PENALTIES.—A person who vio-
lates any provision under paragraph (1)— 
‘‘(A) except as provided in subparagraphs 
(C) through (G), if the offense was not com-
mitted for commercial advantage, profit, or pri-
vate financial gain, shall be fined under title 18, 
United States Code, imprisoned for not more 
than 5 years, or both; 
‘‘(B) except as provided in subparagraphs 
(C) through (G), if the offense was committed 
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204 
for commercial advantage, profit, or private fi-
nancial gain— 
‘‘(i) if the violation is the offender’s 
first violation under this subparagraph, 
shall be fined under such title, imprisoned 
for not more than 15 years, or both; or 
‘‘(ii) if the violation is the offender’s 
second or subsequent violation of this sub-
paragraph, shall be fined under such title, 
imprisoned for not more than 20 years, or 
both; 
‘‘(C) if the offense furthered or aided the 
commission of any other offense against the 
United States or any State that is punishable 
by imprisonment for more than 1 year, shall be 
fined under such title, imprisoned for not more 
than 20 years, or both; 
‘‘(D) shall be fined under such title, im-
prisoned not more than 20 years, or both, if the 
offense created a substantial and foreseeable 
risk of death, a substantial and foreseeable risk 
of serious bodily injury (as defined in section 
2119(2) of title 18, United States Code), or in-
humane conditions to another person, includ-
ing— 
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205 
‘‘(i) transporting the person in an en-
gine compartment, storage compartment, 
or other confined space; 
‘‘(ii) transporting the person at an ex-
cessive speed or in excess of the rated ca-
pacity of the means of transportation; or 
‘‘(iii) transporting the person in, har-
boring the person in, or otherwise sub-
jecting the person to crowded or dangerous 
conditions; 
‘‘(E) if the offense caused serious bodily 
injury (as defined in section 2119(2) of title 18, 
United States Code) to any person, shall be 
fined under such title, imprisoned for not more 
than 30 years, or both; 
‘‘(F) shall be fined under such title and 
imprisoned for not more than 30 years if the 
offense involved an alien who the offender knew 
was— 
‘‘(i) engaged in terrorist activity (as 
defined in section 212(a)(3)(B)); or 
‘‘(ii) intending to engage in terrorist 
activity; and’’ 
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206 
(F) by inserting after subparagraph (G), 
as redesignated by subparagraph (C), the fol-
lowing: 
‘‘(4) LIMITATION.—It is not a violation of sub-
paragraph (D), (E), or (F) of paragraph (1)— 
‘‘(A) for a religious denomination having a 
bona fide nonprofit, religious organization in 
the United States, or the agents or officers of 
such denomination or organization, to encour-
age, 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 min-
ister or missionary has been a member of the 
denomination for at least 1 year; or 
‘‘(B) for an individual or organization act-
ing without compensation or expectation of 
compensation and not previously convicted of a 
violation of this section, to— 
‘‘(i) provide, or attempt to provide, an 
alien who is present in the United States 
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207 
with humanitarian assistance, including 
medical care, housing, counseling, victim 
services, and food; or 
‘‘(ii) transport the alien to a location 
where such assistance can be rendered. 
‘‘(5) 
EXTRATERRITORIAL
JURISDICTION.— 
There is extraterritorial Federal jurisdiction over the 
offenses described in this subsection.’’; and 
(G) by striking subsections (b) through (e) 
and inserting the following: 
‘‘(b) EMPLOYMENT OF UNAUTHORIZED ALIENS.— 
‘‘(1) CRIMINAL
OFFENSE
AND
PENALTIES.— 
Any person who, during any 12-month period, know-
ingly employs 10 or more individuals with actual 
knowledge or in reckless disregard of the fact that 
the individuals are aliens described in paragraph (2), 
shall be fined under title 18, United States Code, 
imprisoned for not more than 10 years, or both. 
‘‘(2) DEFINITION.—An alien described in this 
paragraph is an alien who— 
‘‘(A) is an unauthorized alien (as defined 
in section 274A); 
‘‘(B) is present in the United States with-
out lawful authority; and 
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208 
‘‘(C) has been brought into the United 
States in violation of this subsection. 
‘‘(c) SEIZURE AND FORFEITURE.— 
‘‘(1) IN
GENERAL.—Any conveyance 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 property or pro-
ceeds, 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 duties as are imposed upon the Secretary of 
the Treasury 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, or re-
side in the United States, or that such alien had 
come to, entered, or resided in the United States in 
violation of law shall include— 
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209 
‘‘(A) any order, finding, or determination 
concerning the alien’s status or lack of status 
made by a Federal judge or administrative ad-
judicator (including an immigration judge or 
immigration officer) during any judicial or ad-
ministrative proceeding authorized under Fed-
eral 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. 
‘‘(d) 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 enforce-
ment of Federal criminal laws. 
‘‘(e) ADMISSIBILITY OF VIDEOTAPED WITNESS TES-
TIMONY.—Notwithstanding any provision of the Federal 
Rules of Evidence, the videotaped or otherwise audio-
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210 
visually preserved deposition of a witness to a violation 
of subsection (a) who has been deported or otherwise ex-
pelled from the United States, or is otherwise unavailable 
to testify, may be admitted into evidence in an action 
brought for that violation if— 
‘‘(1) the witness was available for cross exam-
ination at the deposition by the party, if any, oppos-
ing admission of the testimony; and 
‘‘(2) the deposition otherwise complies with the 
Federal Rules of Evidence. 
‘‘(f) OUTREACH PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security, in consultation with the Attorney General 
and the Secretary of State, as appropriate, shall— 
‘‘(A) develop and implement an outreach 
program to educate people in and out of the 
United States about the penalties for bringing 
in and harboring aliens in violation of this sec-
tion; and 
‘‘(B) establish the American Local and In-
terior Enforcement Needs (ALIEN) Task Force 
to identify and respond to the use of Federal, 
State, and local transportation infrastructure to 
further the trafficking of unlawful aliens within 
the United States. 
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211 
‘‘(2) FIELD OFFICES.—The Secretary of Home-
land Security, after consulting with State and local 
government officials, shall establish such field offices 
as may be necessary to carry out this subsection. 
‘‘(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated such sums 
are necessary for the fiscal years 2008 through 2012 
to carry out this subsection.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents is amended by striking the item relating to sec-
tion 274 and inserting the following: 
‘‘Sec. 274. Alien smuggling and related offenses.’’. 
(d) 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), by inserting ‘‘, 
alien smuggling crime,’’ after ‘‘any crime of vio-
lence’’; 
(B) in subparagraph (A), by inserting ‘‘, 
alien smuggling crime,’’ after ‘‘such crime of vi-
olence’’; 
(C) in subparagraph (D)(ii), by inserting 
‘‘, alien smuggling crime,’’ after ‘‘crime of vio-
lence’’; and 
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