I 
115TH CONGRESS 
2D SESSION 
H. R. 7059 
To fund construction of the southern border wall and to ensure compliance 
with Federal immigration law. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 12, 2018 
Mr. MCCARTHY introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committees on Homeland 
Security, Ways and Means, Armed Services, and the Budget, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To fund construction of the southern border wall and to 
ensure compliance with Federal immigration law. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Build the Wall, En-
force the Law Act of 2018’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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(1) Voting is fundamental to a functioning de-
mocracy. 
(2) The Constitution prohibits discrimination in 
voting based on race, sex, poll taxes, and age. 
(3) It is of paramount importance that the 
United States maintains the legitimacy of its elec-
tions and protects them from interference, including 
interference from foreign threats and illegal voting. 
(4) The city of San Francisco, California, is al-
lowing non-citizens, including illegal immigrants, to 
register to vote in school board elections. 
(5) Federal law prohibits non-citizens from vot-
ing in elections for Federal office. 
(6) The national security interests of the 
United States are dependent on the brave men and 
women who enforce our Nation’s immigration laws. 
(7) Abolishing United States Immigration and 
Customs Enforcement (ICE) would mean open bor-
ders because it would eliminate the main agency re-
sponsible for removing people who enter or remain 
in our country illegally. 
(8) Calls to abolish ICE are an insult to these 
heroic law enforcement officers who make sacrifices 
every day to secure our borders, enforce our laws, 
and protect our safety and security. 
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(9) Abolishing ICE would allow dangerous 
criminal aliens, including violent and ruthless mem-
bers of the MS–13 gang, to remain in American 
communities. 
(10) During fiscal year 2017, ICE Enforcement 
and Removal Operations (ERO) arrested more than 
127,000 aliens with criminal convictions or charges. 
(11) ICE ERO made 5,225 administrative ar-
rests of suspected gang members in fiscal year 2017. 
(12) Criminal aliens arrested by ICE ERO in 
fiscal year 2017 were responsible for more than— 
(A) 76,000 dangerous drug offenses; 
(B) 48,000 assault offenses; 
(C) 11,000 weapon offenses; 
(D) 5,000 sexual assault offenses; 
(E) 2,000 kidnapping offenses; and 
(F) 1,800 homicide offenses. 
(13) ICE Homeland Security Investigations 
made 4,818 gang-related arrests in fiscal year 2017. 
(14) ICE identified or rescued 904 sexually ex-
ploited children; Whereas ICE identified or rescued 
518 victims of human trafficking; Whereas abol-
ishing ICE would mean that countless illegal aliens 
who could pose a threat to public safety would be al-
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lowed to roam free instead of being removed from 
American soil. 
(15) Abolishing ICE would mean more dan-
gerous illegal drugs flowing into our communities, 
causing more Americans to needlessly suffer. 
(16) ICE plays a critical role in combatting the 
drug crisis facing our Nation. 
(17) ICE seized more than 980,000 pounds of 
narcotics in fiscal year 2017, including thousands of 
pounds of the deadly drugs fueling the opioid crisis. 
(18) ICE seized 2,370 pounds of fentanyl and 
6,967 pounds of heroin in fiscal year 2017. 
(19) ICE logged nearly 90,000 investigative 
hours directed toward fentanyl in fiscal year 2017. 
(20) Abolishing ICE would leave these drugs in 
our communities to cause more devastation. 
(21) Abolishing ICE would mean eliminating 
the agency that deports aliens that pose a terrorist 
threat to the United States. 
(22) ICE was created in 2003 to better protect 
national security and public safety after the 9/11 
terrorists exploited immigration laws to gain entry 
into the United States. 
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(23) The National Commission on Terrorist At-
tacks found that many of the 9/11 hijackers com-
mitted visa violations. 
(24) ICE identifies dangerous individuals before 
they enter our country and locates them as they vio-
late our immigration laws. 
(25) Abolishing ICE would enable the hundreds 
of thousands of foreign nationals who illegally over-
stay their visa each year to remain in the United 
States indefinitely. 
SEC. 3. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) allowing illegal immigrants the right to vote 
devalues the franchise and diminishes the voting 
power of United States citizens; and 
(2) Congress— 
(A) supports all United States Immigra-
tion and Customs Enforcement (ICE) officers 
and personnel who carry out the important mis-
sion of ICE; 
(B) denounces calls for the abolishment of 
ICE; and 
(C) supports the efforts of all Federal 
agencies, State law enforcement, and military 
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personnel who bring law and order to our Na-
tion’s borders. 
SEC. 4. STATE NONCOMPLIANCE WITH ENFORCEMENT OF 
IMMIGRATION LAW. 
(a) IN GENERAL.—Section 642 of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1373) is amended— 
(1) by striking subsection (a) and inserting the 
following: 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of Federal, State, or local law, no Federal, State, 
or local government entity, and no individual, may prohibit 
or in any way restrict, a Federal, State, or local govern-
ment entity, official, or other personnel from complying 
with the immigration laws (as defined in section 
101(a)(17) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(17))), or from assisting or cooperating 
with Federal law enforcement entities, officials, or other 
personnel regarding the enforcement of these laws.’’; 
(2) by striking subsection (b) and inserting the 
following: 
‘‘(b) LAW
ENFORCEMENT
ACTIVITIES.—Notwith-
standing any other provision of Federal, State, or local 
law, no Federal, State, or local government entity, and no 
individual, may prohibit, or in any way restrict, a Federal, 
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State, or local government entity, official, or other per-
sonnel from undertaking any of the following law enforce-
ment activities as they relate to information regarding the 
citizenship or immigration status, lawful or unlawful, the 
inadmissibility or deportability, or the custody status, of 
any individual: 
‘‘(1) Making inquiries to any individual in order 
to obtain such information regarding such individual 
or any other individuals. 
‘‘(2) Notifying the Federal Government regard-
ing the presence of individuals who are encountered 
by law enforcement officials or other personnel of a 
State or political subdivision of a State. 
‘‘(3) Complying with requests for such informa-
tion from Federal law enforcement entities, officials, 
or other personnel.’’; 
(3) in subsection (c), by striking ‘‘Immigration 
and Naturalization Service’’ and inserting ‘‘Depart-
ment of Homeland Security’’; and 
(4) by adding at the end the following: 
‘‘(d) COMPLIANCE.— 
‘‘(1) ELIGIBILITY
FOR
CERTAIN
GRANT
PRO-
GRAMS.—A State, or a political subdivision of a 
State, that is found not to be in compliance with 
subsection (a) or (b) shall not be eligible to receive— 
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‘‘(A) any of the funds that would otherwise 
be allocated to the State or political subdivision 
under section 241(i) of the Immigration and 
Nationality Act (8 U.S.C. 1231(i)), the ‘Cops 
on the Beat’ program under part Q of title I of 
the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3796dd et seq.), or the 
Edward Byrne Memorial Justice Assistance 
Grant Program under subpart 1 of part E of 
title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3750 et seq.); 
or 
‘‘(B) any other grant administered by the 
Department of Justice or the Department of 
Homeland Security that is substantially related 
to law enforcement, terrorism, national security, 
immigration, or naturalization. 
‘‘(2) EXCEPTION.—A political subdivision is not 
found not to be in compliance with subsection (a) or 
(b) as a consequence of being required to comply 
with a statute or other legal requirement of a State 
or another political subdivision with jurisdiction over 
that political subdivision, and shall remain eligible to 
receive grant funds described in paragraph (1). In 
the case described in the previous sentence, the 
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‘‘(6) REPORTS.—The Secretary of Homeland 
Security shall issue a report concerning the compli-
ance with subsections (a) and (b) of any particular 
State or political subdivision of a State at the re-
quest of the House or the Senate Judiciary Com-
mittee. Any jurisdiction that is found not to be in 
compliance shall be ineligible to receive Federal fi-
nancial assistance as provided in paragraph (1) for 
a minimum period of 1 year, and shall only become 
eligible again after the Secretary of Homeland Secu-
rity certifies that the jurisdiction has come into com-
pliance. 
‘‘(7) REALLOCATION.—Any funds that are not 
allocated to a State or to a political subdivision of 
a State due to the failure of the State or of the po-
litical subdivision of the State to comply with sub-
section (a) or (b) shall be reallocated to States or to 
political subdivisions of States that comply with both 
such subsections. 
‘‘(e) CONSTRUCTION.—Nothing in this section shall 
require law enforcement officials from States, or from po-
litical subdivisions of States, to report or arrest victims 
or witnesses of a criminal offense.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
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of this Act, except that subsection (d) of section 642 of 
the Illegal Immigration Reform and Immigrant Responsi-
bility Act of 1996 (8 U.S.C. 1373), as added by this sec-
tion, shall apply only to prohibited acts committed on or 
after the date of the enactment of this Act. 
SEC. 5. CLARIFYING THE AUTHORITY OF ICE DETAINERS. 
(a) IN GENERAL.—Section 287(d) of the Immigra-
tion and Nationality Act (8 U.S.C. 1357(d)) is amended 
to read as follows: 
‘‘(d) DETAINER OF INADMISSIBLE OR DEPORTABLE 
ALIENS.— 
‘‘(1) IN GENERAL.—In the case of an individual 
who is arrested by any Federal, State, or local law 
enforcement official or other personnel for the al-
leged violation of any criminal or motor vehicle law, 
the Secretary may issue a detainer regarding the in-
dividual to any Federal, State, or local law enforce-
ment entity, official, or other personnel if the Sec-
retary has probable cause to believe that the indi-
vidual is an inadmissible or deportable alien. 
‘‘(2) PROBABLE
CAUSE.—Probable cause is 
deemed to be established if— 
‘‘(A) the individual who is the subject of 
the detainer matches, pursuant to biometric 
confirmation or other Federal database records, 
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the identity of an alien who the Secretary has 
reasonable grounds to believe to be inadmissible 
or deportable; 
‘‘(B) the individual who is the subject of 
the detainer is the subject of ongoing removal 
proceedings, including matters where a charg-
ing document has already been served; 
‘‘(C) the individual who is the subject of 
the detainer has previously been ordered re-
moved from the United States and such an 
order is administratively final; 
‘‘(D) the individual who is the subject of 
the detainer has made voluntary statements or 
provided reliable evidence that indicate that 
they are an inadmissible or deportable alien; or 
‘‘(E) the Secretary otherwise has reason-
able grounds to believe that the individual who 
is the subject of the detainer is an inadmissible 
or deportable alien. 
‘‘(3) TRANSFER OF CUSTODY.—If the Federal, 
State, or local law enforcement entity, official, or 
other personnel to whom a detainer is issued com-
plies with the detainer and detains for purposes of 
transfer of custody to the Department of Homeland 
Security the individual who is the subject of the de-
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tainer, the Department may take custody of the in-
dividual within 48 hours (excluding weekends and 
holidays), but in no instance more than 96 hours, 
following the date that the individual is otherwise to 
be released from the custody of the relevant Federal, 
State, or local law enforcement entity.’’. 
(b) IMMUNITY.— 
(1) IN GENERAL.—A State or a political sub-
division of a State (and the officials and personnel 
of the State or subdivision acting in their official ca-
pacities), and a nongovernmental entity (and its per-
sonnel) contracted by the State or political subdivi-
sion for the purpose of providing detention, acting in 
compliance with a Department of Homeland Secu-
rity detainer issued pursuant to this section who 
temporarily holds an alien in its custody pursuant to 
the terms of a detainer so that the alien may be 
taken into the custody of the Department of Home-
land Security, shall be considered to be acting under 
color of Federal authority for purposes of deter-
mining their liability and shall be held harmless for 
their compliance with the detainer in any suit seek-
ing any punitive, compensatory, or other monetary 
damages. 
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(2) FEDERAL GOVERNMENT AS DEFENDANT.— 
In any civil action arising out of the compliance with 
a Department of Homeland Security detainer by a 
State or a political subdivision of a State (and the 
officials and personnel of the State or subdivision 
acting in their official capacities), or a nongovern-
mental entity (and its personnel) contracted by the 
State or political subdivision for the purpose of pro-
viding detention, the United States Government 
shall be the proper party named as the defendant in 
the suit in regard to the detention resulting from 
compliance with the detainer. 
(3) BAD FAITH EXCEPTION.—Paragraphs (1) 
and (2) shall not apply to any mistreatment of an 
individual by a State or a political subdivision of a 
State (and the officials and personnel of the State 
or subdivision acting in their official capacities), or 
a nongovernmental entity (and its personnel) con-
tracted by the State or political subdivision for the 
purpose of providing detention. 
(c) PRIVATE RIGHT OF ACTION.— 
(1) CAUSE OF ACTION.—Any individual, or a 
spouse, parent, or child of that individual (if the in-
dividual is deceased), who is the victim of a murder, 
rape, or any felony, as defined by the State, for 
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which an alien (as defined in section 101(a)(3) of 
the Immigration and Nationality Act (8 U.S.C. 
1101(a)(3))) has been convicted and sentenced to a 
term of imprisonment of at least 1 year, may bring 
an action against a State or political subdivision of 
a State in the appropriate Federal or State court if 
the State or political subdivision released the alien 
from custody prior to the commission of such crime 
as a consequence of the State or political subdivi-
sion’s declining to honor a detainer issued pursuant 
to section 287(d)(1) of the Immigration and Nation-
ality Act (8 U.S.C. 1357(d)(1)). 
(2) LIMITATION ON BRINGING ACTION.—An ac-
tion brought under this subsection may not be 
brought later than 10 years following the occurrence 
of the crime, or death of a person as a result of such 
crime, whichever occurs later. 
(3) ATTORNEY’S FEE AND OTHER COSTS.—In 
any action or proceeding under this subsection the 
court shall allow a prevailing plaintiff a reasonable 
attorneys’ fee as part of the costs, and include ex-
pert fees as part of the attorneys’ fee. 
SEC. 6. SARAH AND GRANT’S LAW. 
(a) DETENTION OF ALIENS DURING REMOVAL PRO-
CEEDINGS.— 
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‘‘(2) CONSTRUCTION.—The length of detention 
under this section shall not affect detention under 
section 241.’’. 
(3) DETENTION OF CRIMINAL ALIENS.—Section 
236(c)(1) of such Act (8 U.S.C. 1226(c)(1)) is 
amended— 
(A) in subparagraph (C), by striking ‘‘or’’ 
at the end; 
(B) by inserting after subparagraph (D) 
the following: 
‘‘(E) is unlawfully present in the United 
States and has been convicted for driving while 
intoxicated (including a conviction for driving 
while under the influence or impaired by alcohol 
or drugs) without regard to whether the convic-
tion is classified as a misdemeanor or felony 
under State law, or 
‘‘(F)(i)(I) is inadmissible under section 
212(a)(6)(i), 
‘‘(II) is deportable by reason of a visa rev-
ocation under section 221(i), or 
‘‘(III) 
is 
deportable 
under 
section 
237(a)(1)(C)(i), and 
‘‘(ii) has been arrested or charged with a 
particularly serious crime or a crime resulting 
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in the death or serious bodily injury (as defined 
in section 1365(h)(3) of title 18, United States 
Code) of another person;’’; and 
(C) by amending the matter following sub-
paragraph (F) (as added by subparagraph (B) 
of this paragraph) to read as follows: 
‘‘any time after the alien is released, without regard 
to whether an alien is released related to any activ-
ity, offense, or conviction described in this para-
graph; to whether the alien is released on parole, su-
pervised release, or probation; or to whether the 
alien may be arrested or imprisoned again for the 
same offense. If the activity described in this para-
graph 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 into custody, the Sec-
retary 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.—The Attorney Gen-
eral’s review of the Secretary’s custody determinations 
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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 approved 
by the Secretary), or released with no bond: 
‘‘(1) Aliens in exclusion proceedings. 
‘‘(2) Aliens described in section 212(a)(3) or 
237(a)(4). 
‘‘(3) Aliens described in subsection (c). 
‘‘(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 danger to another person or the 
community. 
‘‘(2) CERTAIN ALIENS INELIGIBLE.—No alien 
detained 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 strik-
ing ‘‘conditional parole’’ and inserting ‘‘recog-
nizance’’. 
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(B) Section 236(b) of such Act (8 U.S.C. 
1226(b)) is amended by striking ‘‘parole’’ and in-
serting ‘‘recognizance’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to any alien in detention 
under the provisions of section 236 of the Immigration 
and Nationality Act (8 U.S.C. 1226), as so amended, or 
otherwise subject to the provisions of such section, on or 
after such date. 
SEC. 7. 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.— 
‘‘(1) IN GENERAL.—Any alien who has been de-
nied admission, excluded, deported, or removed, or 
who has departed the United States while an order 
of exclusion, deportation, or removal is outstanding, 
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. 
‘‘(2) EXCEPTION.—If an alien sought and re-
ceived the express consent of the Secretary to re-
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apply for admission into the United States, or, with 
respect to an alien previously denied admission and 
removed, the alien was not required to obtain such 
advance consent under the Immigration and Nation-
ality Act or any prior Act, the alien shall not be sub-
ject to the fine and imprisonment provided for in 
paragraph (1). 
‘‘(b) REENTRY
OF CRIMINAL OFFENDERS.—Not-
withstanding the penalty provided in subsection (a), if an 
alien described in that subsection was convicted before 
such removal or departure— 
‘‘(1) for 3 or more misdemeanors or for a fel-
ony, the alien shall be fined under title 18, United 
States Code, imprisoned not more than 10 years, or 
both; 
‘‘(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, 
imprisoned 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, 
imprisoned not more than 20 years, or both; or 
‘‘(4) for murder, rape, kidnapping, or a felony 
offense described in chapter 77 (relating to peonage 
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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 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, at-
tempts 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, impris-
oned not more than 10 years, or both. 
‘‘(d) PROOF
OF PRIOR CONVICTIONS.—The prior 
convictions described in subsection (b) are elements of the 
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 af-
firmative 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-
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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) REENTRY OF ALIEN REMOVED PRIOR TO COM-
PLETION OF TERM OF IMPRISONMENT.—Any alien re-
moved pursuant to section 241(a)(4) who enters, attempts 
to enter, crosses the border to, attempts to cross the bor-
der to, or is at any time found in, the United States shall 
be incarcerated for the remainder of the sentence of im-
prisonment which was pending at the time of deportation 
without any reduction for parole or supervised release un-
less the alien affirmatively demonstrates that the Sec-
retary 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 provi-
sion of law. 
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‘‘(g) 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 
imprisonment of not more than 1 year under the ap-
plicable laws of the United States, any State, or a 
foreign government. 
‘‘(4) OFFICIAL RESTRAINT.—The term ‘official 
restraint’ means any restraint known to the alien 
that serves to deprive the alien of liberty and pre-
vents the alien from going at large into the United 
States. Surveillance unbeknownst to the alien shall 
not constitute official restraint. 
‘‘(5) REMOVAL.—The term ‘removal’ includes 
any denial of admission, exclusion, deportation, or 
removal, or any agreement by which an alien stipu-
lates or agrees to exclusion, deportation, or removal. 
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‘‘(6) 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. 8. 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) 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 commis-
sion of 1 or more of the following criminal offenses and 
the members of which engage, or have engaged within the 
past 5 years, in a continuing series of such offenses, or 
that has been designated as a criminal gang by the Sec-
retary of Homeland Security, in consultation with the At-
torney General, as meeting these criteria. The offenses de-
scribed, whether in violation of Federal or State law or 
foreign law and regardless of whether the offenses oc-
curred before, on, or after the date of the enactment of 
this paragraph, are the following: 
‘‘(A) A ‘felony drug offense’ (as defined in sec-
tion 102 of the Controlled Substances Act (21 
U.S.C. 802)). 
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‘‘(B) An offense under section 274 (relating to 
bringing in and harboring certain aliens), section 
277 (relating to aiding or assisting certain aliens to 
enter the United States), or section 278 (relating to 
importation of alien for immoral purpose). 
‘‘(C) A crime of violence (as defined in section 
16 of title 18, United States Code). 
‘‘(D) A crime involving obstruction of justice or 
tampering with, or retaliating against, a witness, vic-
tim, or informant. 
‘‘(E) Any conduct punishable under sections 
1028(a) and 1029 of title 18, United States Code 
(relating to fraud and related activity in connection 
with identification documents or access devices), sec-
tions 1581 through 1594 of such title (relating to 
peonage, slavery, and trafficking in persons), section 
1951 of such title (relating to interference with com-
merce by threats or violence), section 1952 of such 
title (relating to interstate and foreign travel or 
transportation in aid of racketeering enterprises), 
section 1956 of such title (relating to the laundering 
of monetary instruments), section 1957 of such title 
(relating to engaging in monetary transactions in 
property derived from specified unlawful activity), or 
sections 2312 through 2315 of such title (relating to 
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interstate transportation of stolen motor vehicles or 
stolen property). 
‘‘(F) A conspiracy to commit an offense de-
scribed in subparagraphs (A) through (E).’’. 
(b) INADMISSIBILITY.—Section 212(a)(2) of such Act 
(8 U.S.C. 1182(a)(2)) is amended by adding at the end 
the following: 
‘‘(J) ALIENS ASSOCIATED WITH CRIMINAL 
GANGS.—Any alien is inadmissible who a con-
sular officer, the Secretary of Homeland Secu-
rity, or the Attorney General knows or has rea-
son to believe— 
‘‘(i) to be or to have been a member 
of a criminal gang (as defined in section 
101(a)(53)); or 
‘‘(ii) to have participated in the activi-
ties of a criminal gang (as defined in sec-
tion 101(a)(53)), knowing or having reason 
to know that such activities will promote, 
further, aid, or support the illegal activity 
of the criminal gang.’’. 
(c) DEPORTABILITY.—Section 237(a)(2) of the Im-
migration and Nationality Act (8 U.S.C. 1227(a)(2)) is 
amended by adding at the end the following: 
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‘‘(G) ALIENS ASSOCIATED WITH CRIMINAL 
GANGS.—Any alien is deportable who— 
‘‘(i) is or has been a member of a 
criminal gang (as defined in section 
101(a)(53)); or 
‘‘(ii) has participated in the activities 
of a criminal gang (as so defined), knowing 
or having reason to know that such activi-
ties will promote, further, aid, or support 
the illegal activity of the criminal gang.’’. 
(d) DESIGNATION.— 
(1) IN GENERAL.—Chapter 2 of title II of the 
Immigration and Nationality Act (8 U.S.C. 1182) is 
amended by inserting after section 219 the fol-
lowing: 
‘‘DESIGNATION OF CRIMINAL GANG 
‘‘SEC. 220. (a) DESIGNATION.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland Se-
curity, in consultation with the Attorney General, may 
designate a group, club, organization, or association of 5 
or more persons as a criminal gang if the Secretary finds 
that their conduct is described in section 101(a)(53). 
‘‘(2) PROCEDURE.— 
‘‘(A) NOTIFICATION.—Seven days before mak-
ing a designation under this subsection, the Sec-
retary shall, by classified communication, notify the 
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Speaker and Minority Leader of the House of Rep-
resentatives, the President pro tempore, Majority 
Leader, and Minority Leader of the Senate, and the 
members of the relevant committees of the House of 
Representatives and the Senate, in writing, of the 
intent to designate a group, club, organization, or 
association of 5 or more persons under this sub-
section and the factual basis therefor. 
‘‘(B) PUBLICATION
IN
THE
FEDERAL
REG-
ISTER.—The Secretary shall publish the designation 
in the Federal Register seven days after providing 
the notification under subparagraph (A). 
‘‘(3) RECORD.— 
‘‘(A) IN GENERAL.—In making a designation 
under this subsection, the Secretary shall create an 
administrative record. 
‘‘(B) CLASSIFIED
INFORMATION.—The Sec-
retary may consider classified information in making 
a designation under this subsection. Classified infor-
mation shall not be subject to disclosure for such 
time as it remains classified, except that such infor-
mation may be disclosed to a court ex parte and in 
camera for purposes of judicial review under sub-
section (c). 
‘‘(4) PERIOD OF DESIGNATION.— 
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‘‘(A) IN GENERAL.—A designation under this 
subsection shall be effective for all purposes until re-
voked under paragraph (5) or (6) or set aside pursu-
ant to subsection (c). 
‘‘(B) REVIEW
OF
DESIGNATION
UPON
PETI-
TION.— 
‘‘(i) IN GENERAL.—The Secretary shall re-
view the designation of a criminal gang under 
the procedures set forth in clauses (iii) and (iv) 
if the designated group, club, organization, or 
association of 5 or more persons files a petition 
for revocation within the petition period de-
scribed in clause (ii). 
‘‘(ii) PETITION PERIOD.—For purposes of 
clause (i)— 
‘‘(I) if the designated group, club, or-
ganization, or association of 5 or more per-
sons has not previously filed a petition for 
revocation under this subparagraph, the 
petition period begins 2 years after the 
date on which the designation was made; 
or 
‘‘(II) if the designated group, club, or-
ganization, or association of 5 or more per-
sons has previously filed a petition for rev-
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ocation under this subparagraph, the peti-
tion period begins 2 years after the date of 
the determination made under clause (iv) 
on that petition. 
‘‘(iii) PROCEDURES.—Any group, club, or-
ganization, or association of 5 or more persons 
that submits a petition for revocation under 
this subparagraph of its designation as a crimi-
nal gang must provide evidence in that petition 
that it is not described in section 101(a)(53). 
‘‘(iv) DETERMINATION.— 
‘‘(I) IN
GENERAL.—Not later than 
180 days after receiving a petition for rev-
ocation submitted under this subpara-
graph, the Secretary shall make a deter-
mination as to such revocation. 
‘‘(II) CLASSIFIED
INFORMATION.— 
The Secretary may consider classified in-
formation in making a determination in re-
sponse to a petition for revocation. Classi-
fied information shall not be subject to dis-
closure for such time as it remains classi-
fied, except that such information may be 
disclosed to a court ex parte and in camera 
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for purposes of judicial review under sub-
section (c). 
‘‘(III) PUBLICATION OF DETERMINA-
TION.—A determination made by the Sec-
retary under this clause shall be published 
in the Federal Register. 
‘‘(IV) PROCEDURES.—Any revocation 
by the Secretary shall be made in accord-
ance with paragraph (6). 
‘‘(C) OTHER REVIEW OF DESIGNATION.— 
‘‘(i) IN GENERAL.—If in a 5-year period no 
review has taken place under subparagraph (B), 
the Secretary shall review the designation of the 
criminal gang in order to determine whether 
such designation should be revoked pursuant to 
paragraph (6). 
‘‘(ii) PROCEDURES.—If a review does not 
take place pursuant to subparagraph (B) in re-
sponse to a petition for revocation that is filed 
in accordance with that subparagraph, then the 
review shall be conducted pursuant to proce-
dures established by the Secretary. The results 
of such review and the applicable procedures 
shall not be reviewable in any court. 
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‘‘(iii) PUBLICATION OF RESULTS OF RE-
VIEW.—The Secretary shall publish any deter-
mination made pursuant to this subparagraph 
in the Federal Register. 
‘‘(5) REVOCATION BY ACT OF CONGRESS.—The Con-
gress, by an Act of Congress, may block or revoke a des-
ignation made under paragraph (1). 
‘‘(6) REVOCATION BASED
ON CHANGE
IN CIR-
CUMSTANCES.— 
‘‘(A) IN GENERAL.—The Secretary may revoke 
a designation made under paragraph (1) at any 
time, and shall revoke a designation upon completion 
of a review conducted pursuant to subparagraphs 
(B) and (C) of paragraph (4) if the Secretary finds 
that— 
‘‘(i) the group, club, organization, or asso-
ciation of 5 or more persons that has been des-
ignated as a criminal gang is no longer de-
scribed in section 101(a)(53); or 
‘‘(ii) the national security or the law en-
forcement interests of the United States war-
rants a revocation. 
‘‘(B) PROCEDURE.—The procedural require-
ments of paragraphs (2) and (3) shall apply to a 
revocation under this paragraph. Any revocation 
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shall take effect on the date specified in the revoca-
tion or upon publication in the Federal Register if 
no effective date is specified. 
‘‘(7) EFFECT OF REVOCATION.—The revocation of a 
designation under paragraph (5) or (6) shall not affect 
any action or proceeding based on conduct committed 
prior to the effective date of such revocation. 
‘‘(8) USE OF DESIGNATION IN TRIAL OR HEAR-
ING.—If a designation under this subsection has become 
effective under paragraph (2) an alien in a removal pro-
ceeding shall not be permitted to raise any question con-
cerning the validity of the issuance of such designation 
as a defense or an objection. 
‘‘(b) AMENDMENTS TO A DESIGNATION.— 
‘‘(1) IN GENERAL.—The Secretary may amend 
a designation under this subsection if the Secretary 
finds that the group, club, organization, or associa-
tion of 5 or more persons has changed its name, 
adopted a new alias, dissolved and then reconsti-
tuted itself under a different name or names, or 
merged with another group, club, organization, or 
association of 5 or more persons. 
‘‘(2) PROCEDURE.—Amendments made to a 
designation in accordance with paragraph (1) shall 
be effective upon publication in the Federal Register. 
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Paragraphs (2), (4), (5), (6), (7), and (8) of sub-
section (a) shall also apply to an amended designa-
tion. 
‘‘(3) ADMINISTRATIVE RECORD.—The adminis-
trative record shall be corrected to include the 
amendments as well as any additional relevant infor-
mation that supports those amendments. 
‘‘(4) CLASSIFIED
INFORMATION.—The Sec-
retary may consider classified information in amend-
ing a designation in accordance with this subsection. 
Classified information shall not be subject to disclo-
sure for such time as it remains classified, except 
that such information may be disclosed to a court ex 
parte and in camera for purposes of judicial review 
under subsection (c) of this section. 
‘‘(c) JUDICIAL REVIEW OF DESIGNATION.— 
‘‘(1) IN
GENERAL.—Not later than 30 days 
after publication in the Federal Register of a des-
ignation, an amended designation, or a determina-
tion in response to a petition for revocation, the des-
ignated group, club, organization, or association of 5 
or more persons may seek judicial review in the 
United States Court of Appeals for the District of 
Columbia Circuit. 
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‘‘(2) BASIS
OF
REVIEW.—Review under this 
subsection shall be based solely upon the administra-
tive record, except that the Government may submit, 
for ex parte and in camera review, classified infor-
mation used in making the designation, amended 
designation, or determination in response to a peti-
tion for revocation. 
‘‘(3) SCOPE OF REVIEW.—The Court shall hold 
unlawful and set aside a designation, amended des-
ignation, or determination in response to a petition 
for revocation the court finds to be— 
‘‘(A) arbitrary, capricious, an abuse of dis-
cretion, or otherwise not in accordance with 
law; 
‘‘(B) contrary to constitutional right, 
power, privilege, or immunity; 
‘‘(C) in excess of statutory jurisdiction, au-
thority, or limitation, or short of statutory 
right; 
‘‘(D) lacking substantial support in the ad-
ministrative record taken as a whole or in clas-
sified information submitted to the court under 
paragraph (2); or 
‘‘(E) not in accord with the procedures re-
quired by law. 
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‘‘(4) JUDICIAL REVIEW INVOKED.—The pend-
ency of an action for judicial review of a designation, 
amended designation, or determination in response 
to a petition for revocation shall not affect the appli-
cation of this section, unless the court issues a final 
order setting aside the designation, amended des-
ignation, or determination in response to a petition 
for revocation. 
‘‘(d) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘classified information’ has the 
meaning given that term in section 1(a) of the Clas-
sified Information Procedures Act (18 U.S.C. App.); 
‘‘(2) the term ‘national security’ means the na-
tional defense, foreign relations, or economic inter-
ests of the United States; 
‘‘(3) the term ‘relevant committees’ means the 
Committees on the Judiciary of the Senate and of 
the House of Representatives; and 
‘‘(4) the term ‘Secretary’ means the Secretary 
of Homeland Security, in consultation with the At-
torney General.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents for such Act is amended by inserting after the 
item relating to section 219 the following: 
‘‘Sec. 220. Designation.’’. 
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(e) MANDATORY DETENTION OF CRIMINAL GANG 
MEMBERS.— 
(1) IN GENERAL.—Section 236(c)(1) of the Im-
migration and Nationality Act (8 U.S.C. 1226(c)(1)) 
is amended— 
(A) in subparagraph (C), by striking ‘‘or’’ 
at the end; 
(B) in subparagraph (D), by inserting 
‘‘or’’ at the end; and 
(C) by inserting after subparagraph (D) 
the following: 
‘‘(E) 
is 
inadmissible 
under 
section 
212(a)(2)(J) 
or 
deportable 
under 
section 
217(a)(2)(G),’’. 
(2) ANNUAL REPORT.—Not later than March 1 
of each year (beginning 1 year after the date of the 
enactment of this Act), the Secretary of Homeland 
Security, after consultation with the appropriate 
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.— 
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(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)) 
(as amended by section 201 of this Act) is further 
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: 
‘‘(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’’; 
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(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.’’. 
(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 
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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 
of this Act and shall apply to acts that occur before, on, 
or after the date of the enactment of this Act. 
SEC. 9. BORDER SECURITY FUNDING. 
(a) FUNDING.—In addition to amounts otherwise 
made available by this Act or any other provision of law, 
there is hereby appropriated to the ‘‘U.S. Customs and 
Border Protection—Procurement, Construction, and Im-
provements’’ account, out of any amounts in the Treasury 
not otherwise appropriated, $23,400,000,000, to be avail-
able as described in subsections (b) and (c), of which— 
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(1) $16,625,000,000 shall be for a border wall 
system along the southern border of the United 
States, including physical barriers and associated de-
tection technology, roads, and lighting; and 
(2) $6,775,000,000 shall be for infrastructure, 
assets, operations, and technology to enhance border 
security along the southern border of the United 
States, including— 
(A) border security technology, including 
surveillance technology, at and between ports of 
entry; 
(B) new roads and improvements to exist-
ing roads; 
(C) U.S. Border Patrol facilities and ports 
of entry; 
(D) aircraft, aircraft-based sensors and as-
sociated technology, vessels, spare parts, and 
equipment to maintain such assets; 
(E) a biometric entry and exit system; and 
(F) family residential centers. 
(b) AVAILABILITY
OF
BORDER
WALL
SYSTEM 
FUNDS.— 
(1) IN GENERAL.—Of the amount appropriated 
in subsection (a)(1)— 
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(A) $5,510,244,000 shall become available 
October 1, 2018; 
(B) $1,715,000,000 shall become available 
October 1, 2019; 
(C) $2,140,000,000 shall become available 
October 1, 2020; 
(D) $1,735,000,000 shall become available 
October 1, 2021; 
(E) $1,746,000,000 shall become available 
October 1, 2022; 
(F) $1,776,000,000 shall become available 
October 1, 2023; and 
(G) $2,002,756,000 shall become available 
October 1, 2024. 
(2) PERIOD
OF
AVAILABILITY.—An amount 
made available under subparagraph (A), (B), (C), 
(D), (E), (F), or (G) of paragraph (1) shall remain 
available for five years after the date specified in 
that subparagraph. 
(c) AVAILABILITY OF BORDER SECURITY INVEST-
MENT FUNDS.— 
(1) IN GENERAL.—Of the amount appropriated 
in subsection (a)(2)— 
(A) $500,000,000 shall become available 
October 1, 2018; 
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(B) $1,850,000,000 shall become available 
October 1, 2019; 
(C) $1,950,000,000 shall become available 
October 1, 2020; 
(D) $1,925,000,000 shall become available 
October 1, 2021; and 
(E) $550,000,000 shall become available 
October 1, 2022. 
(2) PERIOD
OF
AVAILABILITY.—An amount 
made available under subparagraph (A), (B), (C), 
(D), or (E) of paragraph (1) shall remain available 
for five years after the date specified in that sub-
paragraph. 
(3) TRANSFER AUTHORITY.— 
(A) IN
GENERAL.—Notwithstanding any 
limitation on transfer authority in any other 
provision of law and subject to the notification 
requirement in subparagraph (B), the Secretary 
of Homeland Security may transfer any 
amounts made available under paragraph (1) to 
the ‘‘U.S. Customs and Border Protection—Op-
erations and Support’’ account only to the ex-
tent necessary to carry out the purposes de-
scribed in subsection (a)(2). 
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(B) NOTIFICATION REQUIRED.—The Sec-
retary shall notify the Committees on Appro-
priations of the Senate and the House of Rep-
resentatives not later than 30 days before each 
such transfer. 
(d) MULTI-YEAR SPENDING PLAN.—The Secretary 
of Homeland Security shall include in the budget justifica-
tion materials submitted in support of the President’s an-
nual budget request for fiscal year 2020 (as submitted 
under section 1105(a) of title 31, United States Code) a 
multi-year spending plan for the amounts made available 
under subsection (a). 
(e) EXPENDITURE PLAN.—Each amount that be-
comes available in accordance with subsection (b) or (c) 
may not be obligated until the date that is 30 days after 
the date on which the Committees on Appropriations of 
the Senate and the House of Representatives receive a de-
tailed plan, prepared by the Commissioner of U.S. Cus-
toms and Border Protection, for the expenditure of such 
amount. 
(f) QUARTERLY BRIEFING REQUIREMENT.—Begin-
ning not later than 180 days after the date of the enact-
ment of this Act, and quarterly thereafter, the Commis-
sioner of U.S. Customs and Border Protection shall brief 
the Committees on Appropriations of the Senate and the 
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House of Representatives regarding activities under and 
progress made in carrying out this section. 
(g) RULES OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to limit the availability of funds 
made available by any other provision of law for carrying 
out the requirements of this Act or the amendments made 
by this Act. Any reference in this section to an appropria-
tion account shall be construed to include any successor 
accounts. 
(h) DISCRETIONARY
AMOUNTS.—Notwithstanding 
any other provision of law, the amounts appropriated 
under subsection (a) are discretionary appropriations (as 
that term is defined in section 250(c)(7) of the Balanced 
Budget and Emergency Deficit Control Act of 1985 (2 
U.S.C. 900(c)(7)). 
SEC. 10. EXCLUSION FROM PAYGO SCORECARDS. 
The budgetary effects of this Act shall not be entered 
on either PAYGO scorecard maintained pursuant to sec-
tion 4(d) of the Statutory Pay-As-You-Go Act of 2010. 
Æ 
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