198 
Federal agencies, shall submit a report to the Com-
mittees on the Judiciary of the House of Represent-
atives and of the Senate on the number of aliens de-
tained under the amendments made by paragraph 
(1). 
(f) ASYLUM
CLAIMS
BASED
ON
GANG
AFFILI-
ATION.— 
(1) INAPPLICABILITY OF RESTRICTION ON RE-
MOVAL
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 de-
scribed 
in 
section 
212(a)(2)(J)(i) 
or 
section 
237(a)(2)(G)(i) or who is’’ after ‘‘to an alien’’. 
(2) 
INELIGIBILITY
FOR
ASYLUM.—Section 
208(b)(2)(A) of such Act (8 U.S.C. 1158(b)(2)(A)) 
is amended— 
(A) in clause (v), by striking ‘‘or’’ at the 
end; 
(B) by redesignating clause (vi) as clause 
(vii); and 
(C) by inserting after clause (v) the fol-
lowing: 
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199 
‘‘(vi) the alien is described in section 
212(a)(2)(J)(i) or section 237(a)(2)(G)(i); 
or’’. 
(g) TEMPORARY PROTECTED STATUS.—Section 244 
of such Act (8 U.S.C. 1254a) is amended— 
(1) by striking ‘‘Attorney General’’ each place 
it appears and inserting ‘‘Secretary of Homeland Se-
curity’’; 
(2) in subparagraph (c)(2)(B)— 
(A) in clause (i), by striking ‘‘or’’ at the 
end; 
(B) in clause (ii), by striking the period 
and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(iii) the alien is, or at any time has 
been, described in section 212(a)(2)(J) or 
section 237(a)(2)(G).’’; and 
(3) in subsection (d)— 
(A) by striking paragraph (3); and 
(B) in paragraph (4), by adding at the end 
the following: ‘‘The Secretary of Homeland Se-
curity may detain an alien provided temporary 
protected status under this section whenever 
appropriate under any other provision of law.’’. 
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200 
(h) SPECIAL IMMIGRANT JUVENILE VISAS.—Section 
101(a)(27)(J)(iii) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(27)(J)(iii)) is amended— 
(1) in subclause (I), by striking ‘‘and’’; 
(2) in subclause (II), by adding ‘‘and’’ at the 
end; and 
(3) by adding at the end the following: 
‘‘(III) no alien who is, or at any 
time has been, described in section 
212(a)(2)(J) or section 237(a)(2)(G) 
shall be eligible for any immigration 
benefit under this subparagraph;’’. 
(i) 
PAROLE.—An 
alien 
described 
in 
section 
212(a)(2)(J) of the Immigration and Nationality Act, as 
added by subsection (b), shall not be eligible for parole 
under section 212(d)(5)(A) of such Act unless— 
(1) the alien is assisting or has assisted the 
United States Government in a law enforcement 
matter, including a criminal investigation; and 
(2) the alien’s presence in the United States is 
required by the Government with respect to such as-
sistance. 
(j) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
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201 
of this Act and shall apply to acts that occur before, on, 
or after the date of the enactment of this Act. 
SEC. 3304. INADMISSIBILITY AND DEPORTABILITY OF 
DRUNK DRIVERS. 
(a) IN GENERAL.—Section 101(a)(43) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(43)), is 
amended— 
(1) in subparagraph (T), by striking ‘‘and’’; 
(2) in subparagraph (U), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by inserting after subparagraph (U) the fol-
lowing: 
‘‘(V)(i) a single conviction for driving while 
intoxicated (including a conviction for driving 
while under the influence of or impairment by 
alcohol or drugs), when such impaired driving 
was a cause of the serious bodily injury or 
death of another person; or 
‘‘(ii) a second or subsequent conviction for 
driving while intoxicated (including a conviction 
for driving under the influence of or impaired 
by alcohol or drugs).’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the date of the enact-
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202 
ment of this Act and apply to convictions entered on or 
after such date. 
SEC. 3305. DEFINITION OF AGGRAVATED FELONY. 
(a) DEFINITION OF AGGRAVATED FELONY.—Section 
101(a)(43) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(43)), as amended by this title, is further 
amended— 
(1) by striking ‘‘The term ‘aggravated felony’ 
means—’’ and inserting ‘‘Notwithstanding any other 
provision of law, the term ‘aggravated felony’ applies 
to an offense described in this paragraph, whether in 
violation of Federal or State law, or in violation of 
the law of a foreign country for which the term of 
imprisonment was completed within the previous 15 
years, even if the length of the term of imprisonment 
for the offense is based on recidivist or other en-
hancements and regardless of whether the conviction 
was entered before, on, or after September 30, 1996, 
and means—’’; 
(2) in subparagraph (A), by striking ‘‘murder, 
rape, or sexual abuse of a minor;’’ and inserting ‘‘an 
offense relating to murder, manslaughter, homicide, 
rape (whether the victim was conscious or uncon-
scious), statutory rape, or any offense of a sexual 
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203 
nature involving a victim under the age of 18 
years;’’; 
(3) in subparagraph (B)— 
(A) by inserting ‘‘an offense relating to’’ 
before ‘‘illicit trafficking’’; and 
(B) by inserting before the semicolon at 
the end the following: ‘‘and any offense under 
State law relating to a controlled substance (as 
so classified under State law) which is classified 
as a felony in that State, regardless of whether 
the substance is classified as a controlled sub-
stance under section 102 of the Controlled Sub-
stances Act (8 U.S.C. 802)’’; 
(4) in subparagraph (C), by inserting ‘‘an of-
fense relating to’’ before ‘‘illicit trafficking in fire-
arms’’; 
(5) in subparagraph (I), by striking ‘‘or 2252’’ 
and inserting ‘‘2252, or 2252A’’; 
(6) in subparagraph (F), by striking ‘‘for which 
the term of imprisonment is at least one year;’’ and 
inserting ‘‘, including offenses of assault and battery 
under State or Federal law, for which the term of 
imprisonment is at least one year, except that if the 
conviction records do not conclusively establish 
whether a crime constitutes a crime of violence, the 
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204 
Attorney General or the Secretary of Homeland Se-
curity, as appropriate, may consider other evidence 
related to the conviction that establishes that the 
conduct for which the alien was engaged constitutes 
a crime of violence;’’; 
(7) by striking subparagraph (G) and inserting 
the following: 
‘‘(G) an offense relating to a theft under State 
or Federal law (including theft by deceit, theft by 
fraud, and receipt of stolen property) regardless of 
whether any taking was temporary or permanent, or 
burglary offense under State or Federal law for 
which the term of imprisonment is at least one year, 
except that if the conviction records do not conclu-
sively establish whether a crime constitutes a theft 
or burglary offense, the Attorney General or Sec-
retary of Homeland Security, as appropriate, may 
consider other evidence related to the conviction that 
establishes that the conduct for which the alien was 
engaged constitutes a theft or burglary offense;’’; 
(8) in subparagraph (N)— 
(A) by striking ‘‘paragraph (1)(A) or (2) 
of’’; and 
(B) by inserting a semicolon at the end; 
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(9) in subparagraph (O), by striking ‘‘section 
275(a) or 276 committed by an alien who was pre-
viously deported on the basis of a conviction for an 
offense described in another subparagraph of this 
paragraph’’ and inserting ‘‘section 275 or 276 for 
which the term of imprisonment is at least 1 year’’; 
(10) in subparagraph (P)— 
(A) by striking ‘‘(i) which either is falsely 
making, forging, counterfeiting, mutilating, or 
altering a passport or instrument in violation of 
section 1543 of title 18, United States Code, or 
is described in section 1546(a) of such title (re-
lating to document fraud) and (ii)’’ and insert-
ing ‘‘which is described in any section of chap-
ter 75 of title 18, United States Code, and’’; 
and 
(B) by striking ‘‘, except in the case of a 
first offense for which the alien has affirma-
tively shown that the alien committed the of-
fense for the purpose of assisting, abetting, or 
aiding only the alien’s spouse, child, or parent 
(and no other individual) to violate a provision 
of this Act’’; 
(11) in subparagraph (U), by striking ‘‘an at-
tempt or conspiracy to commit an offense described 
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in this paragraph’’ and inserting ‘‘attempting or 
conspiring to commit an offense described in this 
paragraph, or aiding, abetting, counseling, pro-
curing, commanding, inducing, or soliciting the com-
mission of such an offense’’; and 
(12) by striking the undesignated matter fol-
lowing subparagraph (U). 
(b) EFFECTIVE DATE; APPLICATION
OF AMEND-
MENTS.— 
(1) IN GENERAL.—The amendments made by 
subsection (a)— 
(A) shall take effect on the date of the en-
actment of this Act; and 
(B) shall apply to any act or conviction 
that occurred before, on, or after such date. 
(2) APPLICATION
OF
IIRIRA
AMENDMENTS.— 
The amendments to section 101(a)(43) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(43)) 
made by section 321 of the Illegal Immigration Re-
form and Immigrant Responsibility Act of 1996 (di-
vision C of Public Law 104–208; 110 Stat. 3009– 
627) shall continue to apply, whether the conviction 
was entered before, on, or after September 30, 1996. 
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207 
SEC. 3306. PRECLUDING WITHHOLDING OF REMOVAL FOR 
AGGRAVATED FELONS. 
(a) IN GENERAL.—Section 241(b)(3)(B) (8 U.S.C. 
1231(b)(3)(B)), is amended by inserting after clause (v) 
the following: 
‘‘(vi) the alien is convicted of an ag-
gravated felony.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply— 
(1) to any act that occurred before, on, or after 
the date of the enactment of this Act; and 
(2) to all aliens who are required to establish 
admissibility on or after such date, and in all re-
moval, deportation, or exclusion proceedings that are 
filed, pending, or reopened on or after such date. 
SEC. 3307. 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— 
(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 de-
scribed in subparagraph (A), (I), or (K) of section 
101(a)(43), unless the Secretary of Homeland Security, 
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208 
in the Secretary’s sole and unreviewable discretion, deter-
mines that the citizen poses no risk to the alien with re-
spect 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 discretion, determines that the alien lawfully 
admitted for permanent residence poses no risk to the 
alien with respect to whom a petition described in sub-
clause (I) is filed.’’. 
(b) NONIMMIGRANTS.—Section 101(a)(15)(K) of 
such Act (8 U.S.C. 1101(a)(15)(K)), is amended by strik-
ing ‘‘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 
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209 
of this Act and shall apply to petitions filed on or after 
such date. 
SEC. 3308. 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 
or the Secretary of Homeland Security, as 
appropriate, may consider other evidence 
related to the conviction that establishes 
that the conduct for which the alien was 
engaged constitutes a crime involving 
moral turpitude.’’. 
(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 this title, is further amended by inserting after 
clause (iv) the following: 
‘‘(v) CRIMES INVOLVING MORAL TUR-
PITUDE.—If the conviction records do not 
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210 
conclusively establish whether a crime con-
stitutes a crime involving moral turpitude, 
the Attorney General or the Secretary of 
Homeland Security, as appropriate, may 
consider other evidence related to the con-
viction that establishes that the conduct 
for which the alien was engaged constitutes 
a crime involving 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 es-
tablish whether a crime of domestic vio-
lence constitutes a crime of violence (as de-
fined in section 16 of title 18, United 
States Code), the Attorney General or the 
Secretary of Homeland Security, as appro-
priate, may consider other evidence related 
to the conviction that establishes that the 
conduct for which the alien was engaged 
constitutes a crime of violence.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
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211 
of this Act and shall apply to acts that occur before, on, 
or after the date of the enactment of this Act. 
SEC. 3309. DETENTION OF DANGEROUS ALIENS. 
Section 241(a) of the Immigration and Nationality 
Act (8 U.S.C. 1231(a)) is amended— 
(1) by striking ‘‘Attorney General’’ each place 
it appears, except for the first reference in para-
graph (4)(B)(i), and inserting ‘‘Secretary of Home-
land Security’’; 
(2) in paragraph (1), by amending subpara-
graph (B) to read as follows: 
‘‘(B) BEGINNING
OF
PERIOD.—The re-
moval period begins on the latest of the fol-
lowing: 
‘‘(i) The date the order of removal be-
comes administratively final. 
‘‘(ii) If the alien is not in the custody 
of the Secretary on the date the order of 
removal becomes administratively final, the 
date the alien is taken into such custody. 
‘‘(iii) If the alien is detained or con-
fined (except under an immigration proc-
ess) on the date the order of removal be-
comes administratively final, the date the 
alien is taken into the custody of the Sec-
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212 
retary, after the alien is released from such 
detention or confinement.’’; 
(3) in paragraph (1), by amending subpara-
graph (C) to read as follows: 
‘‘(C) SUSPENSION OF PERIOD.— 
‘‘(i) EXTENSION.—The removal period 
shall be extended beyond a period of 90 
days and the Secretary may, in the Sec-
retary’s sole discretion, keep the alien in 
detention during such extended period if— 
‘‘(I) the alien fails or refuses to 
make all reasonable efforts to comply 
with the removal order, or to fully co-
operate with the Secretary’s efforts to 
establish the alien’s identity and carry 
out the removal order, including mak-
ing timely application in good faith 
for travel or other documents nec-
essary to the alien’s departure or con-
spires or acts to prevent the alien’s 
removal that is subject to an order of 
removal; 
‘‘(II) a court, the Board of Immi-
gration Appeals, or an immigration 
judge orders a stay of removal of an 
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213 
alien who is subject to an administra-
tively final order of removal; 
‘‘(III) the Secretary transfers 
custody of the alien pursuant to law 
to another Federal agency or a State 
or local government agency in connec-
tion with the official duties of such 
agency; or 
‘‘(IV) a court or the Board of 
Immigration Appeals orders a remand 
to an immigration judge or the Board 
of Immigration Appeals, during the 
time period when the case is pending 
a decision on remand (with the re-
moval period beginning anew on the 
date that the alien is ordered removed 
on remand). 
‘‘(ii) RENEWAL.—If the removal pe-
riod has been extended under subpara-
graph (C)(i), a new removal period shall be 
deemed to have begun on the date— 
‘‘(I) the alien makes all reason-
able efforts to comply with the re-
moval order, or to fully cooperate with 
the Secretary’s efforts to establish the 
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214 
alien’s identity and carry out the re-
moval order; 
‘‘(II) the stay of removal is no 
longer in effect; or 
‘‘(III) the alien is returned to the 
custody of the Secretary. 
‘‘(iii) MANDATORY
DETENTION
FOR 
CERTAIN ALIENS.—In the case of an alien 
described in subparagraphs (A) through 
(D) of section 236(c)(1), the Secretary 
shall keep that alien in detention during 
the extended period described in clause (i). 
‘‘(iv) SOLE
FORM
OF
RELIEF.—An 
alien may seek relief from detention under 
this subparagraph only by filing an appli-
cation for a writ of habeas corpus in ac-
cordance with chapter 153 of title 28, 
United States Code. No alien whose period 
of detention is extended under this sub-
paragraph shall have the right to seek re-
lease on bond.’’; 
(4) in paragraph (3)— 
(A) by adding after ‘‘If the alien does not 
leave or is not removed within the removal pe-
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215 
riod’’ the following: ‘‘or is not detained pursu-
ant to paragraph (6) of this subsection’’; and 
(B) by striking subparagraph (D) and in-
serting the following: 
‘‘(D) to obey reasonable restrictions on the 
alien’s conduct or activities that the Secretary 
prescribes for the alien, in order to prevent the 
alien from absconding, for the protection of the 
community, or for other purposes related to the 
enforcement of the immigration laws.’’; 
(5) in paragraph (4)(A), by striking ‘‘paragraph 
(2)’’ and inserting ‘‘subparagraph (B)’’; and 
(6) by striking paragraph (6) and inserting the 
following: 
‘‘(6) ADDITIONAL RULES FOR DETENTION OR 
RELEASE OF CERTAIN ALIENS.— 
‘‘(A) DETENTION
REVIEW
PROCESS
FOR 
COOPERATIVE ALIENS ESTABLISHED.—For an 
alien who is not otherwise subject to mandatory 
detention, who has made all reasonable efforts 
to comply with a removal order and to cooper-
ate fully with the Secretary of Homeland Secu-
rity’s efforts to establish the alien’s identity and 
carry out the removal order, including making 
timely application in good faith for travel or 
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other documents necessary to the alien’s depar-
ture, and who has not conspired or acted to 
prevent removal, the Secretary shall establish 
an administrative review process to determine 
whether the alien should be detained or released 
on conditions. The Secretary shall make a de-
termination whether to release an alien after 
the removal period in accordance with subpara-
graph (B). The determination shall include con-
sideration of any evidence submitted by the 
alien, and may include consideration of any 
other evidence, including any information or as-
sistance provided by the Secretary of State or 
other Federal official and any other information 
available to the Secretary of Homeland Security 
pertaining to the ability to remove the alien. 
‘‘(B) AUTHORITY TO DETAIN BEYOND RE-
MOVAL PERIOD.— 
‘‘(i) IN GENERAL.—The Secretary of 
Homeland Security, in the exercise of the 
Secretary’s sole discretion, may continue to 
detain an alien for 90 days beyond the re-
moval period (including any extension of 
the removal period as provided in para-
graph (1)(C)). An alien whose detention is 
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217 
extended under this subparagraph shall 
have no right to seek release on bond. 
‘‘(ii) SPECIFIC CIRCUMSTANCES.—The 
Secretary of Homeland Security, in the ex-
ercise of the Secretary’s sole discretion, 
may continue to detain an alien beyond the 
90 days authorized in clause (i)— 
‘‘(I) until the alien is removed, if 
the Secretary, in the Secretary’s sole 
discretion, determines that there is a 
significant likelihood that the alien— 
‘‘(aa) will be removed in the 
reasonably foreseeable future; or 
‘‘(bb) would be removed in 
the reasonably foreseeable future, 
or would have been removed, but 
for the alien’s failure or refusal 
to make all reasonable efforts to 
comply with the removal order, 
or to cooperate fully with the 
Secretary’s efforts to establish 
the alien’s identity and carry out 
the 
removal 
order, 
including 
making 
timely 
application 
in 
good faith for travel or other doc-
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218 
uments necessary to the alien’s 
departure, or conspires or acts to 
prevent removal; 
‘‘(II) until the alien is removed, 
if the Secretary of Homeland Security 
certifies in writing— 
‘‘(aa) in consultation with 
the Secretary of Health and 
Human Services, that the alien 
has a highly contagious disease 
that poses a threat to public safe-
ty; 
‘‘(bb) after receipt of a writ-
ten recommendation from the 
Secretary of State, that release 
of the alien is likely to have seri-
ous adverse foreign policy con-
sequences for the United States; 
‘‘(cc) based on information 
available to the Secretary of 
Homeland 
Security 
(including 
classified, sensitive, or national 
security information, and without 
regard to the grounds upon 
which the alien was ordered re-
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219 
moved), that there is reason to 
believe that the release of the 
alien would threaten the national 
security of the United States; or 
‘‘(dd) that the release of the 
alien will threaten the safety of 
the community or any person, 
conditions of release cannot rea-
sonably be expected to ensure the 
safety of the community or any 
person, and either (AA) the alien 
has been convicted of one or 
more aggravated felonies (as de-
fined in section 101(a)(43)(A)) 
or of one or more crimes identi-
fied by the Secretary of Home-
land Security by regulation, or of 
one or more attempts or conspir-
acies to commit any such aggra-
vated felonies or such identified 
crimes, if the aggregate term of 
imprisonment for such attempts 
or conspiracies is at least 5 
years; or (BB) the alien has com-
mitted one or more crimes of vio-
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220 
lence (as defined in section 16 of 
title 18, United States Code, but 
not including a purely political 
offense) and, because of a mental 
condition or personality disorder 
and behavior associated with that 
condition or disorder, the alien is 
likely to engage in acts of vio-
lence in the future; or 
‘‘(III) pending a certification 
under subclause (II), so long as the 
Secretary of Homeland Security has 
initiated the administrative review 
process not later than 30 days after 
the expiration of the removal period 
(including any extension of the re-
moval period, as provided in para-
graph (1)(C)). 
‘‘(iii) NO RIGHT TO BOND HEARING.— 
An alien whose detention is extended under 
this subparagraph shall have no right to 
seek release on bond, including by reason 
of a certification under clause (ii)(II). 
‘‘(C) RENEWAL AND DELEGATION OF CER-
TIFICATION.— 
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‘‘(i) RENEWAL.—The Secretary of 
Homeland Security may renew a certifi-
cation 
under 
subparagraph 
(B)(ii)(II) 
every 6 months, after providing an oppor-
tunity for the alien to request reconsider-
ation of the certification and to submit 
documents or other evidence in support of 
that request. If the Secretary does not 
renew a certification, the Secretary may 
not continue to detain the alien under sub-
paragraph (B)(ii)(II). 
‘‘(ii) DELEGATION.—Notwithstanding 
section 103, the Secretary of Homeland 
Security may not delegate the authority to 
make or renew a certification described in 
item (bb), (cc), or (dd) of subparagraph 
(B)(ii)(II) below the level of the Director 
of Immigration and Customs Enforcement. 
‘‘(iii) HEARING.—The Secretary of 
Homeland Security may request that the 
Attorney General or the Attorney General’s 
designee provide for a hearing to make the 
determination described in item (dd)(BB) 
of subparagraph (B)(ii)(II). 
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