paragraph’’ and inserting ‘‘section 275 or 276 for 
which the term of imprisonment is at least 1 year’’; 
(7) in subparagraph (U), by striking ‘‘an at-
tempt or conspiracy to commit an offense described in 
this paragraph’’ and inserting ‘‘attempting or con-
spiring to commit an offense described in this para-
graph, or aiding, abetting, counseling, procuring, 
commanding, inducing, or soliciting the commission 
of such an offense’’; and 
(8) by striking the undesignated matter following 
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 enact-
ment 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 Immigration 
and Nationality Act (8 U.S.C. 1101(a)(43)) 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 con-
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tinue to apply, whether the conviction was entered be-
fore, on, or after September 30, 1996. 
SEC. 302. PRECLUDING ADMISSIBILITY OF ALIENS CON-
VICTED 
OF 
AGGRAVATED 
FELONIES 
OR 
OTHER SERIOUS OFFENSES. 
(a) INADMISSIBILITY
ON CRIMINAL
AND RELATED 
GROUNDS; WAIVERS.—Section 212 of the Immigration and 
Nationality Act (8 U.S.C. 1182) is amended— 
(1) in subsection (a)(2)(A)(i)— 
(A) in subclause (I), by striking ‘‘or’’ at the 
end; 
(B) in subclause (II), by adding ‘‘or’’ at the 
end; and 
(C) by inserting after subclause (II) the fol-
lowing: 
‘‘(III) a violation of (or a con-
spiracy or attempt to violate) an of-
fense described in section 408 of title 
42, United States Code (relating to so-
cial security account numbers or social 
security cards) or section 1028 of title 
18, United States Code (relating to 
fraud and related activity in connec-
tion with identification documents, au-
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thentication features, and informa-
tion),’’. 
(2) by adding at the end of subsection (a)(2) the 
following: 
‘‘(J) PROCUREMENT
OF
CITIZENSHIP
OR 
NATURALIZATION UNLAWFULLY.—Any alien con-
victed of, or who admits having committed, or 
who admits committing acts which constitute the 
essential elements of, a violation of, or an at-
tempt or a conspiracy to violate, subsection (a) 
or (b) of section 1425 of title 18, United States 
Code (relating to the procurement of citizenship 
or naturalization unlawfully) is inadmissible. 
‘‘(K) CERTAIN
FIREARM
OFFENSES.—Any 
alien who at any time has been convicted under 
any law of, or who admits having committed or 
admits committing acts which constitute the es-
sential elements of, purchasing, selling, offering 
for sale, exchanging, using, owning, possessing, 
or carrying, or of attempting or conspiring to 
purchase, sell, offer for sale, exchange, use, own, 
possess, or carry, any weapon, part, or accessory 
which is a firearm or destructive device (as de-
fined in section 921(a) of title 18, United States 
Code) in violation of any law is inadmissible. 
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‘‘(L) AGGRAVATED FELONS.—Any alien who 
has been convicted of an aggravated felony at 
any time is inadmissible. 
‘‘(M) CRIMES
OF
DOMESTIC
VIOLENCE, 
STALKING, OR
VIOLATION
OF
PROTECTION
OR-
DERS, CRIMES AGAINST CHILDREN.— 
‘‘(i) DOMESTIC
VIOLENCE, STALKING, 
AND CHILD ABUSE.—Any alien who at any 
time is convicted of, or who admits having 
committed or admits committing acts which 
constitute the essential elements of, a crime 
of domestic violence, a crime of stalking, or 
a crime of child abuse, child neglect, or 
child abandonment is inadmissible. For 
purposes of this clause, the term ‘crime of 
domestic violence’ means any crime of vio-
lence (as defined in section 16 of title 18, 
United States Code) against a person com-
mitted by a current or former spouse of the 
person, by an individual with whom the 
person shares a child in common, by an in-
dividual who is cohabiting with or has 
cohabited with the person as a spouse, by 
an individual similarly situated to a spouse 
of the person under the domestic or family 
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violence laws of the jurisdiction where the 
offense occurs, or by any other individual 
against a person who is protected from that 
individual’s acts under the domestic or fam-
ily violence laws of the United States or 
any State, Indian tribal government, or 
unit of local or foreign government. 
‘‘(ii) VIOLATORS OF PROTECTION OR-
DERS.—Any alien who at any time is en-
joined under a protection order issued by a 
court and whom the court determines has 
engaged in conduct that violates the portion 
of a protection order that involves protec-
tion against credible threats of violence, re-
peated harassment, or bodily injury to the 
person or persons for whom the protection 
order was issued is inadmissible. For pur-
poses of this clause, the term ‘protection 
order’ means any injunction issued for the 
purpose of preventing violent or threatening 
acts of domestic violence, including tem-
porary or final orders issued by civil or 
criminal courts (other than support or child 
custody orders or provisions) whether ob-
tained by filing an independent action or 
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as a independent order in another pro-
ceeding. 
‘‘(iii) 
WAIVER
AUTHORIZED.—The 
waiver authority available under section 
237(a)(7) 
with 
respect 
to 
section 
237(a)(2)(E)(i) shall be available on a com-
parable basis with respect to this subpara-
graph. 
‘‘(iv) CLARIFICATION.—If the convic-
tion records do not conclusively establish 
whether a crime of domestic violence con-
stitutes a crime of violence (as defined in 
section 16 of title 18, United States Code), 
the Attorney General may consider other 
evidence related to the conviction that clear-
ly establishes that the conduct for which the 
alien was engaged constitutes a crime of vi-
olence.’’; and 
(3) in subsection (h)— 
(A) by striking ‘‘The Attorney General may, 
in his discretion, waive the application of sub-
paragraphs (A)(i)(I), (B), (D), and (E) of sub-
section (a)(2)’’ and inserting ‘‘The Attorney Gen-
eral or the Secretary of Homeland Security may, 
in the discretion of the Attorney General or the 
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Secretary, waive the application of subpara-
graphs (A)(i)(I), (III), (B), (D), (E), (K), and 
(M) of subsection (a)(2)’’; 
(B) by striking ‘‘a criminal act involving 
torture.’’ and inserting ‘‘a criminal act involving 
torture, or has been convicted of an aggravated 
felony.’’; 
(C) by striking ‘‘if either since the date of 
such admission the alien has been convicted of 
an aggravated felony or the alien’’ and inserting 
‘‘if since the date of such admission the alien’’; 
and 
(D) by inserting ‘‘or Secretary of Homeland 
Security’’ after ‘‘the Attorney General’’ each 
place it appears. 
(b) DEPORTABILITY; CRIMINAL OFFENSES.—Section 
237(a)(3)(B) of the Immigration and Nationality Act (8 
U.S.C. 1227(a)(3)(B)) is amended— 
(1) in clause (ii), by striking ‘‘or’’ at the end; 
(2) in clause (iii), by inserting ‘‘or’’ at the end; 
and 
(3) by inserting after clause (iii) the following: 
‘‘(iv) of a violation of, or an attempt 
or a conspiracy to violate, section 1425(a) 
or (b) of title 18 (relating to the procure-
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ment of citizenship or naturalization un-
lawfully),’’. 
(c) DEPORTABILITY; CRIMINAL OFFENSES.—Section 
237(a)(2) of the Immigration and Nationality Act (8 
U.S.C. 1227(a)(2)) is amended by adding at the end the 
following: 
‘‘(G) FRAUD AND RELATED ACTIVITY ASSO-
CIATED WITH SOCIAL SECURITY ACT BENEFITS 
AND
IDENTIFICATION
DOCUMENTS.—Any alien 
who at any time after admission has been con-
victed of a violation of (or a conspiracy or at-
tempt to violate) section 208 of the Social Secu-
rity Act (42 U.S.C. 408) (relating to social secu-
rity account numbers or social security cards) or 
section 1028 of title 18, United States Code (re-
lating to fraud and related activity in connec-
tion with identification) is deportable.’’. 
(d) EFFECTIVE DATE.—The amendments made by this 
section shall apply— 
(1) to any act that occurred before, on, or after 
the date of the enactment of this Act; and 
(2) to all aliens who are required to establish ad-
missibility on or after such date, and in all removal, 
deportation, or exclusion proceedings that are filed, 
pending, or reopened, on or after such date. 
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(e) CONSTRUCTION.—The amendments made by sub-
section (a) shall not be construed to create eligibility for 
relief from removal under former section 212(c) of the Im-
migration and Nationality Act where such eligibility did 
not exist before these amendments became effective. 
SEC. 303. ESPIONAGE CLARIFICATION. 
Section 212(a)(3)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(a)(3)(A)), is amended to read as 
follows: 
‘‘(A) IN GENERAL.—Any alien who a con-
sular officer, the Attorney General, or the Sec-
retary of Homeland Security knows, or has rea-
sonable ground to believe, seeks to enter the 
United States to engage solely, principally, or 
incidentally in, or who is engaged in, or with re-
spect to clauses (i) and (iii) of this subpara-
graph has engaged in— 
‘‘(i) any activity— 
‘‘(I) to violate any law of the 
United States relating to espionage or 
sabotage; or 
‘‘(II) to violate or evade any law 
prohibiting the export from the United 
States of goods, technology, or sensitive 
information; 
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‘‘(ii) any other unlawful activity; or 
‘‘(iii) any activity a purpose of which 
is the opposition to, or the control or over-
throw of, the Government of the United 
States by force, violence, or other unlawful 
means; 
is inadmissible.’’. 
SEC. 304. PROHIBITION OF THE SALE OF FIREARMS TO, OR 
THE POSSESSION OF FIREARMS BY, CERTAIN 
ALIENS. 
Section 922 of title 18, United States Code, is amend-
ed— 
(1) in subsection (d)(5), in subparagraph (B), by 
striking ‘‘(y)(2)’’ and all that follows and inserting 
‘‘(y), is in the United States not as an alien lawfully 
admitted for permanent residence;’’; 
(2) in subsection (g)(5), in subparagraph (B), by 
striking ‘‘(y)(2)’’ and all that follows and inserting 
‘‘(y), is in the United States not as an alien lawfully 
admitted for permanent residence;’’; and 
(3) in subsection (y)— 
(A) in the header, by striking ‘‘ADMITTED 
UNDER NONIMMIGRANT VISAS.—’’ and inserting 
‘‘NOT LAWFULLY ADMITTED
FOR PERMANENT 
RESIDENCE.—’’; 
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(B) in paragraph (1), by amending sub-
paragraph (B) to read as follows: 
‘‘(B) the term ‘lawfully admitted for perma-
nent residence’ has the same meaning as in sec-
tion 101(a)(20) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(20)).’’. 
(C) in paragraph (2), by striking ‘‘under a 
nonimmigrant visa’’ and inserting ‘‘but not law-
fully admitted for permanent residence’’; and 
(D) in paragraph (3)(A), by striking ‘‘ad-
mitted to the United States under a non-
immigrant visa’’ and inserting ‘‘lawfully admit-
ted to the United States but not as an alien law-
fully admitted for permanent residence’’. 
SEC. 305. UNIFORM STATUTE OF LIMITATIONS FOR CER-
TAIN IMMIGRATION, NATURALIZATION, AND 
PEONAGE OFFENSES. 
Section 3291 of title 18, United States Code, is amend-
ed by striking ‘‘No person’’ and all that follows through the 
period at the end and inserting the following: ‘‘No person 
shall be prosecuted, tried, or punished for a violation of any 
section of chapters 69 (relating to nationality and citizen-
ship offenses) and 75 (relating to passport, visa, and immi-
gration offenses), or for a violation of any criminal provi-
sion of sections 243, 266, 274, 275, 276, 277, or 278 of the 
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Immigration and Nationality Act, or for an attempt or con-
spiracy to violate any such section, unless the indictment 
is returned or the information is filed within ten years after 
the commission of the offense.’’. 
SEC. 306. CONFORMING AMENDMENT TO THE DEFINITION 
OF RACKETEERING ACTIVITY. 
Section 1961(1) of title 18, United States Code, is 
amended by striking ‘‘section 1542’’ through ‘‘section 1546 
(relating to fraud and misuse of visas, permits, and other 
documents)’’ and inserting ‘‘sections 1541-1548 (relating to 
passports and visas)’’. 
SEC. 307. CONFORMING AMENDMENTS FOR THE AGGRA-
VATED FELONY DEFINITION. 
(a) IN
GENERAL.—Subparagraph (P) of section 
101(a)(43) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(43)) is amended— 
(1) by striking ‘‘(i) which either is falsely mak-
ing, 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 (relating to document fraud) and 
(ii)’’ and inserting ‘‘which is described in any section 
of chapter 75 of title 18, United States Code,’’; and 
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(2) by inserting after ‘‘first offense’’ the fol-
lowing: ‘‘(i) that is not described in section 1548 of 
such title (relating to increased penalties), and (ii)’’. 
(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 acts that occur before, on, 
or after the date of the enactment of this Act. 
SEC. 308. PRECLUDING REFUGEE OR ASYLEE ADJUSTMENT 
OF STATUS FOR AGGRAVATED FELONS. 
(a) IN GENERAL.—Section 209(c) of the Immigration 
and Nationality Act (8 U.S.C. 1159(c)) is amended by add-
ing at the end thereof the following: ‘‘However, an alien 
who is convicted of an aggravated felony is not eligible for 
a waiver or for adjustment of status under this section.’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (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 ad-
missibility on or after such date, and in all removal, 
deportation, or exclusion proceedings that are filed, 
pending, or reopened, on or after such date. 
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SEC. 309. INADMISSIBILITY, DEPORTABILITY, AND DETEN-
TION OF DRUNK DRIVERS. 
(a) IN GENERAL.—Section 101(a)(43) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(43)) (as 
amended by this Act) is further amended— 
(1) in subparagraph (T), by striking ‘‘and’’; 
(2) in subparagraph (U), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by inserting after subparagraph (U) the fol-
lowing: 
‘‘(V) a second or subsequent conviction for driv-
ing while intoxicated (including a conviction for driv-
ing while under the influence of or impaired by alco-
hol or drugs) without regard to whether the conviction 
is classified as a misdemeanor or felony under State 
law.’’. 
(b) DETENTION.—Section 236(c)(1) of the Immigra-
tion and Nationality Act (8 U.S.C. 1226(c)(1)) is amend-
ed— 
(1) in subparagraph (C), by striking ‘‘or’’ at the 
end; 
(2) in subparagraph (D), by adding ‘‘or’’ at the 
end; and 
(3) by inserting after subparagraph (D) the fol-
lowing: 
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‘‘(E) is unlawfully present in the United 
States and has been convicted one or multiple 
times for driving while intoxicated (including a 
conviction for driving while under the influence 
or impaired by alcohol or drugs) without regard 
to whether the conviction is classified as a mis-
demeanor or felony under State law,’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on the date of the enactment of this 
Act and apply to convictions entered on or after such date. 
SEC. 310. DETENTION OF DANGEROUS ALIENS. 
(a) IN GENERAL.—Section 241(a) of the 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 paragraph 
(4)(B)(i), and inserting ‘‘Secretary of Homeland Se-
curity’’; 
(2) in paragraph (1), by amending subpara-
graph (B) to read as follows: 
‘‘(B) BEGINNING OF PERIOD.—The removal 
period begins on the latest of the following: 
‘‘(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 re-
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moval 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-
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 de-
tention 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 necessary 
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to the alien’s departure or conspires 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 
alien who is subject to an administra-
tively final order of removal; 
‘‘(III) the Secretary transfers cus-
tody of the alien pursuant to law to 
another Federal agency or a State or 
local government agency in connection 
with the official duties of such agency; 
or 
‘‘(IV) a court or the Board of Im-
migration Appeals orders a remand to 
an immigration judge or the Board of 
Immigration Appeals, during the time 
period when the case is pending a deci-
sion on remand (with the removal pe-
riod beginning anew on the date that 
the alien is ordered removed on re-
mand). 
‘‘(ii) RENEWAL.—If the removal period 
has been extended under clause (C)(i), a 
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new removal period shall be deemed to have 
begun on the date— 
‘‘(I) the alien makes all reasonable 
efforts to comply with the removal 
order, or to fully cooperate with the 
Secretary’s efforts to establish the 
alien’s identity and carry out the re-
moval order; 
‘‘(II) the stay of removal is no 
longer in effect; or 
‘‘(III) the alien is returned to the 
custody of the Secretary. 
‘‘(iii) MANDATORY
DETENTION
FOR 
CERTAIN ALIENS.—In the case of an alien 
described in subparagraphs (A) through (D) 
of section 236(c)(1), the Secretary shall keep 
that alien in detention during the extended 
period described in clause (i). 
‘‘(iv) SOLE
FORM
OF
RELIEF.—An 
alien may seek relief from detention under 
this subparagraph only by filing an appli-
cation for a writ of habeas corpus in ac-
cordance with chapter 153 of title 28, 
United States Code. No alien whose period 
of detention is extended under this subpara-
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graph shall have the right to seek release on 
bond.’’; 
(4) in paragraph (3)— 
(A) by adding after ‘‘If the alien does not 
leave or is not removed within the removal pe-
riod’’ the following: ‘‘or is not detained pursuant 
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 RE-
LEASE OF CERTAIN ALIENS.— 
‘‘(A) DETENTION REVIEW PROCESS FOR CO-
OPERATIVE ALIENS ESTABLISHED.—For an alien 
who is not otherwise subject to mandatory deten-
tion, who has made all reasonable efforts to com-
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ply with a removal order and to cooperate fully 
with the Secretary of Homeland Security’s ef-
forts to establish the alien’s identity and carry 
out the removal order, including making timely 
application in good faith for travel or other doc-
uments necessary to the alien’s departure, and 
who has not conspired or acted to prevent re-
moval, the Secretary shall establish an adminis-
trative review process to determine whether the 
alien should be detained or released on condi-
tions. The Secretary shall make a determination 
whether to release an alien after the removal pe-
riod in accordance with subparagraph (B). The 
determination shall include consideration of any 
evidence submitted by the alien, and may in-
clude consideration of any other evidence, includ-
ing any information or assistance provided by 
the Secretary of State or other Federal official 
and any other information available to the Sec-
retary of Homeland Security pertaining to the 
ability to remove the alien. 
‘‘(B) AUTHORITY TO DETAIN BEYOND RE-
MOVAL PERIOD.— 
‘‘(i) IN
GENERAL.—The Secretary of 
Homeland Security, in the exercise of the 
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Secretary’s sole discretion, may continue to 
detain an alien for 90 days beyond the re-
moval period (including any extension of 
the removal period as provided in para-
graph (1)(C)). An alien whose detention is 
extended under this subparagraph shall 
have no right to seek release on bond. 
‘‘(ii) SPECIFIC CIRCUMSTANCES.—The 
Secretary of Homeland Security, in the ex-
ercise of the Secretary’s sole discretion, may 
continue to detain an alien beyond the 90 
days authorized in clause (i)— 
‘‘(I) until the alien is removed, if 
the Secretary, in the Secretary’s sole 
discretion, determines that there is a 
significant likelihood that the alien— 
‘‘(aa) will be removed in the 
reasonably foreseeable future; or 
‘‘(bb) would be removed in 
the reasonably foreseeable future, 
or would have been removed, but 
for the alien’s failure or refusal to 
make all reasonable efforts to com-
ply with the removal order, or to 
cooperate fully with the Sec-
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retary’s efforts to establish the 
alien’s identity and carry out the 
removal order, including making 
timely application in good faith 
for travel or other documents nec-
essary to the alien’s departure, or 
conspires or acts to prevent re-
moval; 
‘‘(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 Sec-
retary of State, that release of the 
alien is likely to have serious ad-
verse foreign policy consequences 
for the United States; 
‘‘(cc) based on information 
available to the Secretary of 
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Homeland 
Security 
(including 
classified, sensitive, or national 
security information, and without 
regard to the grounds upon which 
the alien was ordered removed), 
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 defined in 
section 101(a)(43)(A)) or of one or 
more crimes identified by the Sec-
retary of Homeland Security by 
regulation, or of one or more at-
tempts or conspiracies to commit 
any such aggravated felonies or 
such identified crimes, if the ag-
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gregate term of imprisonment for 
such attempts or conspiracies is 
at least 5 years; or (BB) the alien 
has committed one or more crimes 
of violence (as defined in section 
16 of title 18, United States Code, 
but not including a purely polit-
ical 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 violence 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 (in-
cluding any extension of the removal 
period, as provided in paragraph 
(1)(C)). 
‘‘(iii) NO RIGHT TO BOND HEARING.— 
An alien whose detention is extended under 
this subparagraph shall have no right to 
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designee provide for a hearing to make the 
determination described in item (dd)(BB) of 
subparagraph (B)(ii)(II). 
‘‘(D) RELEASE ON CONDITIONS.—If it is de-
termined that an alien should be released from 
detention by a Federal court, the Board of Immi-
gration Appeals, or if an immigration judge or-
ders a stay of removal, the Secretary of Home-
land Security, in the exercise of the Secretary’s 
discretion, may impose conditions on release as 
provided in paragraph (3). 
‘‘(E) 
REDETENTION.—The 
Secretary 
of 
Homeland Security, in the exercise of the Sec-
retary’s discretion, without any limitations other 
than those specified in this section, may again 
detain any alien subject to a final removal order 
who is released from custody, if removal becomes 
likely in the reasonably foreseeable future, the 
alien fails to comply with the conditions of re-
lease, or to continue to satisfy the conditions de-
scribed in subparagraph (A), or if, upon recon-
sideration, the Secretary, in the Secretary’s sole 
discretion, determines that the alien can be de-
tained under subparagraph (B). This section 
shall apply to any alien returned to custody pur-
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suant to this subparagraph, as if the removal pe-
riod terminated on the day of the redetention. 
‘‘(F) REVIEW OF DETERMINATIONS BY SEC-
RETARY.—A determination by the Secretary 
under this paragraph shall not be subject to re-
view by any other agency.’’. 
(b) DETENTION OF ALIENS DURING REMOVAL PRO-
CEEDINGS.— 
(1) CLERICAL AMENDMENT.—(A) Section 236 of 
the Immigration and Nationality Act (8 U.S.C. 1226) 
is amended by striking ‘‘Attorney General’’ each place 
it appears (except in the second place that term ap-
pears in section 236(a)) and inserting ‘‘Secretary of 
Homeland Security’’. 
(B) Section 236(a) of such Act (8 U.S.C. 
1226(a)) is amended by inserting ‘‘the Secretary of 
Homeland Security or’’ before ‘‘the Attorney Gen-
eral—’’. 
(C) Section 236(e) of such Act (8 U.S.C. 1226(e)) 
is amended by striking ‘‘Attorney General’s’’ and in-
serting ‘‘Secretary of Homeland Security’s’’. 
(2) LENGTH
OF
DETENTION.—Section 236 of 
such Act (8 U.S.C. 1226) is amended by adding at 
the end the following: 
‘‘(f) LENGTH OF DETENTION.— 
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‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of this section, an alien may be detained 
under this section for any period, without limitation, 
except as provided in subsection (h), until the alien 
is subject to a final order of removal. 
‘‘(2) CONSTRUCTION.—The length of detention 
under this section shall not affect detention under sec-
tion 241.’’. 
(3) DETENTION OF CRIMINAL ALIENS.—Section 
236(c)(1) of the Immigration and Nationality Act (8 
U.S.C. 1226(c)(1)) (as added by section 309(b)(3)) is 
further amended, in the matter following subpara-
graph (E) to read as follows: 
‘‘any time after the alien is released, without regard 
to whether an alien is released related to any activity, 
offense, or conviction described in this paragraph; to 
whether the alien is released on parole, supervised re-
lease, or probation; or to whether the alien may be ar-
rested or imprisoned again for the same offense. If the 
activity described in this paragraph does not result in 
the alien being taken into custody by any person 
other than the Secretary, then when the alien is 
brought to the attention of the Secretary or when the 
Secretary determines it is practical to take such alien 
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into custody, the Secretary shall take such alien into 
custody.’’. 
(4) ADMINISTRATIVE
REVIEW.—Section 236 of 
the Immigration and Nationality Act (8 U.S.C. 
1226), as amended by paragraph (2), is further 
amended by adding at the end the following: 
‘‘(g) ADMINISTRATIVE REVIEW.— 
‘‘(1) IN GENERAL.—The Attorney General’s re-
view of the Secretary’s custody determinations under 
subsection (a) for the following classes of aliens shall 
be limited to whether the alien may be detained, re-
leased on bond (of at least $1,500 with security ap-
proved by the Secretary), or released with no bond: 
‘‘(A) Aliens in exclusion proceedings. 
‘‘(B) Aliens described in section 212(a)(3) 
or 237(a)(4). 
‘‘(C) Aliens described in subsection (c). 
‘‘(2) SPECIAL RULE.—The Attorney General’s re-
view of the Secretary’s custody determinations under 
subsection (a) for aliens in deportation proceedings 
subject to section 242(a)(2) of the Act (as in effect 
prior to April 1, 1997, and as amended by section 
440(c) of Public Law 104–132) shall be limited to a 
determination of whether the alien is properly in-
cluded in such category. 
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‘‘(h) RELEASE ON BOND.— 
‘‘(1) IN
GENERAL.—An alien detained under 
subsection (a) may seek release on bond. No bond may 
be granted except to an alien who establishes by clear 
and convincing evidence that the alien is not a flight 
risk or a risk to another person or the community. 
‘‘(2) CERTAIN ALIENS INELIGIBLE.—No alien de-
tained under subsection (c) may seek release on 
bond.’’. 
(5) 
CLERICAL
AMENDMENTS.—(A) 
Section 
236(a)(2)(B) of the Immigration and Nationality Act 
(8 U.S.C. 1226(a)(2)(B)) is amended by striking 
‘‘conditional parole’’ and inserting ‘‘recognizance’’. 
(B) Section 236(b) of such Act (8 U.S.C. 
1226(b)) is amended by striking ‘‘parole’’ and insert-
ing ‘‘recognizance’’. 
(c) SEVERABILITY.—If any of the provisions of this 
section or any amendment by this section, or the applica-
tion of any such provision to any person or circumstance, 
is held to be invalid for any reason, the remainder of this 
section and of amendments made by this section, and the 
application of the provisions and of the amendments made 
by this section to any other person or circumstance shall 
not be affected by such holding. 
(d) EFFECTIVE DATES.— 
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(1) The amendments made by subsection (a) 
shall take effect upon the date of enactment of this 
Act, and section 241 of the Immigration and Nation-
ality Act, as so amended, shall in addition apply 
to— 
(A) all aliens subject to a final administra-
tive removal, deportation, or exclusion order that 
was issued before, on, or after the date of the en-
actment of this Act; and 
(B) acts and conditions occurring or exist-
ing before, on, or after such date. 
(2) The amendments made by subsection (b) 
shall take effect upon the date of the enactment of this 
Act, and section 236 of the Immigration and Nation-
ality Act, as so amended, shall in addition apply to 
any alien in detention under provisions of such sec-
tion on or after such date. 
SEC. 311. GROUNDS OF INADMISSIBILITY AND DEPORT-
ABILITY FOR ALIEN GANG MEMBERS. 
(a) DEFINITION OF GANG MEMBER.—Section 101(a) 
of the Immigration and Nationality Act (8 U.S.C. 1101(a)) 
is amended by adding at the end the following: 
‘‘(53)(A) The term ‘criminal gang’ means an ongoing 
group, club, organization, or association of 5 or more per-
sons that has as one of its primary purposes the commission 
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