101 
an immigration enforcement action in or near a protected 
area. 
‘‘(2) Paragraph (1) does not apply— 
‘‘(A) whenever prior approval has been ob-
tained; or 
‘‘(B) under exigent circumstances (including, 
but not limited to, an immigration enforcement ac-
tion that involves a national security threat, the hot 
pursuit of an individual who poses a public safety 
threat, or the hot pursuit of an individual who was 
observed crossing the border; that involves the immi-
nent risk of death, violence, or physical harm to a 
person or the imminent risk that evidence material 
to a criminal case will be destroyed; or where a safe 
alternative location does not exist). 
‘‘(3) When taking an immigration enforcement action 
in or near a protected area, an officer or an agent of U.S. 
Immigration and Customs Enforcement or U.S. Customs 
and Border Protection shall, to the fullest extent pos-
sible— 
‘‘(A) take the immigration enforcement action 
in a non-public area or in a manner that minimizes 
the effect on another person who is accessing the 
protected area; 
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102 
‘‘(B) limit the time spent in or near the pro-
tected area; and 
‘‘(C) limit the immigration enforcement action 
to the person who is the subject of such enforcement 
action. 
‘‘(4) If an immigration enforcement action is taken 
due to exigent circumstances, the officer of agent shall in-
form the Director of U.S. Immigration and Customs En-
forcement (or the Director’s designee) or the Commis-
sioner of U.S. Customs and Border Protection (or the 
Commissioner’s designee) as the case may be, as soon as 
practical thereafter. 
‘‘(5)(A) At the time the budget of the President is 
submitted to Congress for a fiscal year under section 
1105(a) of title 31, United States Code, the Secretary of 
Homeland Security shall submit to the appropriate com-
mittees of Congress a report on the immigration enforce-
ment actions in or near a protected area that U.S. Immi-
gration and Customs Enforcement and U.S. Customs and 
Border Protection undertook during the preceding fiscal 
year. 
‘‘(B) Each report submitted pursuant to subpara-
graph (A) shall set forth the following: 
‘‘(i) The number of immigration enforcement 
actions that occurred in or near a protected area. 
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‘‘(ii) The number of immigration enforcement 
actions where officers or agents were subsequently 
led into or near a protected area. 
‘‘(iii) The component responsible for each immi-
gration enforcement action that occurred in or near 
a protected area. 
‘‘(iv) A summary of each immigration enforce-
ment action that occurred in or near a protected 
area, excluding any personally identifiable informa-
tion linked to an individual. 
‘‘(v) The number of individuals, if any, whom 
U.S. Immigration and Customs Enforcement and 
U.S. Customs and Border Protection arrested or 
took into custody through each immigration enforce-
ment action that occurred in or near a protected 
area. 
‘‘(vi) The number of instances during an immi-
gration enforcement action in or near a protected 
area for which prior approval was obtained. 
‘‘(6) In this subsection: 
‘‘(A) The term ‘appropriate committees of Con-
gress’ means— 
‘‘(i) the Committee on Homeland Security 
and Governmental Affairs of the Senate; 
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104 
‘‘(ii) the Committee on the Judiciary of the 
Senate; 
‘‘(iii) the Committee on Homeland Security 
of the House of Representatives; 
‘‘(iv) the Committee on the Judiciary of 
the House of Representatives; 
‘‘(v) the Committee on Appropriations of 
the House of Representatives; and 
‘‘(vi) the Committee on Appropriations of 
the Senate. 
‘‘(B) The term ‘immigration enforcement ac-
tion’ means an arrest, search, service of a subpoena 
or a notice to appear in immigration court, or other 
immigration enforcement action. 
‘‘(C) The term ‘prior approval’ means— 
‘‘(i) in the case of an immigration enforce-
ment action that an officer or an agent of U.S. 
Immigration and Customs Enforcement will 
take, prior written approval from the Director 
(or the Director’s designee); and 
‘‘(ii) in the case of an immigration enforce-
ment action that an officer or an agent of U.S. 
Customs and Border Protection will take, prior 
written approval from the Commissioner (or the 
Commissioner’s designee). 
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105 
‘‘(D) The term ‘protected area’ includes a 
structure or a place that provides essential services 
or at which a person would engage in an essential 
activity, including— 
‘‘(i) any school; 
‘‘(ii) any medical facility, a mental health 
facility, or other health care facility; 
‘‘(iii) any place of worship or religious 
study, whether in a structure dedicated to ac-
tivities of faith or a temporary facility or loca-
tion where such activities are taking place; 
‘‘(iv) any structure or place, the purpose of 
which is for children to gather; 
‘‘(v) any structure or place, the purpose of 
which is to provide social services; 
‘‘(vi) any structure or place, the purpose of 
which is to provide disaster or emergency as-
sistance or emergency relief; 
‘‘(vii) a place where a funeral, graveside 
ceremony, rosary, wedding, or other religious or 
civil ceremonies or observances occur; or 
‘‘(viii) place where there is an ongoing pa-
rade, demonstration, or rally. 
‘‘(7) For the purposes of this subsection, the Sec-
retary of Homeland Security shall promulgate guidance, 
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106 
in the exercise of his discretion, on the physical distance 
that constitutes in or near a protected area.’’. 
(2) GUIDANCE.—Nothing in this section (or the 
amendments therein) shall be construed to— 
(A) supersede or rescind the Guidance on 
Enforcement Actions in or Near Protected 
Areas that the Secretary of Homeland Security 
published on October 27, 2021; 
(B) supersede or rescind any Department 
of Homeland Security guidance that was in ef-
fect on the date of enactment of this Act; or 
(C) compel the Secretary of Homeland Se-
curity to amend or issue guidance, except that 
the Secretary may amend guidance to comport 
with this section. 
Subtitle C—Grants 
SEC. 1161. OPERATION STONEGARDEN. 
(a) IN GENERAL.—Subtitle A of title XX of the 
Homeland Security Act of 2002 (6 U.S.C. 601 et seq.) 
is amended by adding at the end the following new section: 
‘‘SEC. 2009A. OPERATION STONEGARDEN. 
‘‘(a) ESTABLISHMENT.—There is established in the 
Department a program to be known as ‘Operation 
Stonegarden’, under which the Secretary, acting through 
the Administrator, shall make grants to eligible law en-
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107 
forcement agencies, through the State administrative 
agency, to enhance border security in accordance with this 
section. 
‘‘(b) ELIGIBLE RECIPIENTS.—To be eligible to re-
ceive a grant under this section, a law enforcement agen-
cy— 
‘‘(1) shall be located in— 
‘‘(A) a State bordering Canada or Mexico; 
or 
‘‘(B) a State or territory with a maritime 
border; and 
‘‘(2) shall be involved in an active, ongoing, 
U.S. Customs and Border Protection operation co-
ordinated through a U.S. Border Patrol sector of-
fice. 
‘‘(c) PERMITTED USES.—The recipient of a grant 
under this section may use such grant for— 
‘‘(1) equipment, including maintenance and 
sustainment costs; 
‘‘(2) personnel, including overtime and backfill, 
in support of enhanced border law enforcement ac-
tivities; 
‘‘(3) any activity permitted for Operation 
Stonegarden under the most recent fiscal year De-
partment of Homeland Security’s Homeland Secu-
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108 
rity Grant Program Notice of Funding Opportunity; 
and 
‘‘(4) any other appropriate activity, as deter-
mined by the Administrator, in consultation with the 
Commissioner of U.S. Customs and Border Protec-
tion. 
‘‘(d) PERIOD
OF PERFORMANCE.—The Secretary 
shall award grants under this section to grant recipients 
for a period of not less than 36 months. 
‘‘(e) REPORT.—For each of fiscal years 2024 through 
2028, the Administrator shall submit to the Committee 
on Homeland Security of the House of Representatives 
and the Committee on Homeland Security and Govern-
mental Affairs of the Senate a report that contains infor-
mation on the expenditure of grants made under this sec-
tion by each grant recipient. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated $110,000,000 for each 
of fiscal years 2024 through 2028 for grants under this 
section.’’. 
(b) CONFORMING AMENDMENT.—Subsection (a) of 
section 2002 of the Homeland Security Act of 2002 (6 
U.S.C. 603) is amended to read as follows: 
‘‘(a) GRANTS AUTHORIZED.—The Secretary, through 
the Administrator, may award grants under sections 2003, 
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109 
2004, 2009, and 2009A to State, local, and Tribal govern-
ments, as appropriate.’’. 
(c) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
amended by inserting after the item relating to section 
2009 the following new item: 
‘‘Sec. 2009A. Operation Stonegarden.’’. 
SEC. 1162. PROGRAM FOR SHELTER AND SERVICES. 
Subtitle A of title XX of the Homeland Security Act 
of 2002 (6 U.S.C. 601 et seq.) is amended by adding at 
the end the following new section: 
‘‘SEC. 2010. SHELTER AND SERVICES PROGRAM. 
‘‘(a) ESTABLISHMENT.—There is established in the 
Department a program to be known as the ‘Shelter and 
Services Program’, under which the Secretary, acting 
through the Administrator of General Services, shall make 
grants available to non-Federal entities to support shel-
tering and relieving overcrowding in short-term holding fa-
cilities of U.S. Customs and Border Protection. 
‘‘(b) ELIGIBLE RECIPIENTS.—To be eligible to re-
ceive a grant under this section, a non-Federal entity or 
local municipality shall be involved in assisting individuals 
and families, and providing services to individuals appre-
hended by the Department of Homeland Security. 
‘‘(c) PERMITTED USES.—The recipient of a grant 
under this section may use such a grant for— 
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‘‘(1) supporting U.S. Customs and Border Pro-
tection in effectively managing migrant processing 
and preventing the overcrowding of short-term hold-
ing facilities of the agency; 
‘‘(2) sheltering individuals and families, and 
other related services; 
‘‘(3) facility improvements and construction; or 
‘‘(4) any other appropriate activity, as deter-
mined by the Administrator of General Services, in 
consultation with the Commissioner of U.S. Customs 
and Border Protection or the Administrator of the 
Federal Emergency Management Agency. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary for each of the fiscal years 2024 through 2028 
for grants under this section.’’. 
Subtitle D—Border Security 
Certification 
SEC. 1181. BORDER SECURITY CERTIFICATION. 
(a) GAO REPORT.—Not later than 2 years after the 
date of enactment of this Act, and annually thereafter 
until such time as the Comptroller General of the United 
States makes the certification described in subsection (b), 
the Comptroller General shall submit to the Committee 
on Homeland Security of the House of Representatives 
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111 
and the Committee on Homeland Security and Govern-
ment Affairs of the Senate a report detailing the progress 
in implementing this title and title II containing— 
(1) recommendations on how best to continue 
implementing this title and title II; and 
(2) the rate of detections and apprehensions of 
individuals attempting to cross the southern border 
of the United States unlawfully. 
(b) GAO CERTIFICATION OF BORDER SECURITY.— 
The Secretary of Homeland Security may not adjust the 
status of an individual under section 24103 until the date 
that the Comptroller General of the United States certifies 
that the Border Patrol has achieved a 90 percent or higher 
detection and apprehension rate of individuals attempting 
to cross the southern border of the United States unlaw-
fully during the previous 12-month period. 
TITLE 
II—BORDER 
SECURITY 
AND PORTS OF ENTRY INFRA-
STRUCTURE FUNDING 
Subtitle 
A—Emergency 
Port 
of 
Entry Personnel and Infrastruc-
ture Funding 
SEC. 1201. PORTS OF ENTRY INFRASTRUCTURE. 
(a) ADDITIONAL PORTS OF ENTRY.— 
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(1) AUTHORITY.—The Administrator of Gen-
eral Services may, subject to section 3307 of title 
40, United States Code, construct new ports of entry 
along the northern border and southern border at lo-
cations determined by the Secretary. 
(2) CONSULTATION.— 
(A) REQUIREMENT
TO
CONSULT.—The 
Secretary and the Administrator of General 
Services shall consult with the Secretary of 
State, the Secretary of the Interior, the Sec-
retary of Agriculture, the Secretary of Trans-
portation, and appropriate representatives of 
State and local governments, and Indian tribes, 
and property owners in the United States prior 
to determining a location for any new port of 
entry constructed pursuant to paragraph (1). 
(B) CONSIDERATIONS.—The purpose of 
the consultations required by subparagraph (A) 
shall be to minimize any negative impacts of 
constructing a new port of entry on the environ-
ment, culture, commerce, and quality of life of 
the communities and residents located near 
such new port. 
(b) EXPANSION AND MODERNIZATION OF HIGH-PRI-
ORITY SOUTHERN BORDER PORTS OF ENTRY.—Not later 
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than 5 years after the date of enactment of this Act, the 
Administrator of General Services, subject to section 3307 
of title 40, United States Code, and in coordination with 
the Secretary, shall expand or modernize high-priority 
ports of entry on the southern border, as determined by 
the Secretary, for the purposes of reducing wait times and 
enhancing security. 
(c) PORT OF ENTRY PRIORITIZATION.—Prior to con-
structing any new ports of entry pursuant to subsection 
(a), the Administrator of General Services shall complete 
the expansion and modernization of ports of entry pursu-
ant to subsection (b) to the extent practicable. 
(d) NOTIFICATIONS.— 
(1) RELATING TO NEW PORTS OF ENTRY.—Not 
later than 15 days after determining the location of 
any new port of entry for construction pursuant to 
subsection (a), the Secretary and the Administrator 
of General Services shall jointly notify the Members 
of Congress who represent the State or congressional 
district in which such new port of entry will be lo-
cated, as well as the Committee on Homeland Secu-
rity and Governmental Affairs, the Committee on 
Finance, the Committee on Commerce, Science, and 
Transportation, and the Committee on the Judiciary 
of the Senate, and the Committee on Homeland Se-
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114 
curity, the Committee on Ways and Means, the 
Committee on Transportation and Infrastructure, 
and the Committee on the Judiciary of the House of 
Representatives. Such notification shall include in-
formation relating to the location of such new port 
of entry, a description of the need for such new port 
of entry and associated anticipated benefits, a de-
scription of the consultations undertaken by the Sec-
retary and the Administrator pursuant to paragraph 
(2) of such subsection, any actions that will be taken 
to minimize negative impacts of such new port of 
entry, and the anticipated timeline for construction 
and completion of such new port of entry. 
(2) RELATING TO EXPANSION AND MODERNIZA-
TION OF PORTS OF ENTRY.—Not later than 180 
days after enactment of this Act, the Secretary and 
the Administrator of General Services shall jointly 
notify the Committee on Homeland Security and 
Governmental Affairs, the Committee on Finance, 
the Committee on Commerce, Science, and Trans-
portation, and the Committee on the Judiciary of 
the Senate, and the Committee on Homeland Secu-
rity, the Committee on Ways and Means, the Com-
mittee on Transportation and Infrastructure, and 
the Committee on the Judiciary of the House of 
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115 
Representatives of the ports of entry on the south-
ern border that are the subject of expansion or mod-
ernization pursuant to subsection (b) and the Sec-
retary’s and Administrator’s plan for expanding or 
modernizing each such port of entry. 
(e) SAVINGS PROVISION.—Nothing in this section 
may be construed to— 
(1) create or negate any right of action for a 
State, local government, or other person or entity af-
fected by this section; 
(2) delay the transfer of the possession of prop-
erty to the United States or affect the validity of 
any property acquisitions by purchase or eminent 
domain, or to otherwise affect the eminent domain 
laws of the United States or of any State; or 
(3) create any right or liability for any party. 
(f) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed as providing the Secretary new au-
thority related to the construction, acquisition, or renova-
tion of real property. 
SEC. 1202. SENSE OF CONGRESS ON COOPERATION BE-
TWEEN AGENCIES. 
(a) FINDING.—Congress finds that personnel con-
straints exist at land ports of entry with regard to sanitary 
and phytosanitary inspections for exported goods. 
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(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that, in the best interest of cross-border trade and 
the agricultural community— 
(1) any lack of certified personnel for inspection 
purposes at ports of entry should be addressed by 
seeking cooperation between agencies and depart-
ments of the United States, whether in the form of 
a memorandum of understanding or through a cer-
tification process, whereby additional existing agents 
are authorized for additional hours to facilitate and 
expedite the flow of legitimate trade and commerce 
of perishable goods in a manner consistent with 
rules of the Department of Agriculture; and 
(2) cross designation should be available for 
personnel who will assist more than one agency or 
department of the United States at land ports of 
entry to facilitate and expedite the flow of increased 
legitimate trade and commerce. 
SEC. 1203. AUTHORIZATION OF APPROPRIATIONS. 
In addition to any amounts otherwise authorized to 
be appropriated for such purpose, there is appropriated 
$2,000,000,000 for each of fiscal years 2024 through 
2028 to carry out this subtitle. 
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Subtitle B—Border Security 
Funding 
SEC. 1211. 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, $25,000,000,000, to be avail-
able for— 
(1) a full border infrastructure system, includ-
ing enhanced physical barriers and associated detec-
tion technology, roads, and lighting; and 
(2) infrastructure, assets, operations, and the 
most up-to-date technology to enhance border secu-
rity along 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; 
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(I) $1,718,000,000 shall become available 
October 1, 2031. 
(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, 2023; 
(B) $1,850,000,000 shall become available 
October 1, 2024; 
(C) $1,950,000,000 shall become available 
October 1, 2025; 
(D) $1,925,000,000 shall become available 
October 1, 2026; and 
(E) $550,000,000 shall become available 
October 1, 2027. 
(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 2025 (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) QUARTERLY BRIEFING REQUIREMENT.—Begin-
ning not later than 180 days after the date of the enact-
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120 
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 
House of Representatives regarding activities under and 
progress made in carrying out this section. 
SEC. 1212. 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. 
SEC. 1213. FUNDING MATTERS. 
(a) IMMIGRATION INFRASTRUCTURE FUND.— 
(1) IN GENERAL.—Subchapter A of chapter 98 
of the Internal Revenue Code of 1986 is amended by 
adding at the end the following new section: 
‘‘SEC. 9512. IMMIGRATION INFRASTRUCTURE FUND. 
‘‘(a) CREATION OF TRUST FUND.—There is hereby 
established in the Treasury of the United States a trust 
fund to be known as the Immigration Infrastructure 
Fund, consisting of such amounts as may be appropriated 
or credited to such Fund as provided in this section or 
section 9602(b). 
‘‘(b) TRANSFER
TO TRUST FUND
OF AMOUNTS 
EQUIVALENT TO CERTAIN TAXES.—There are hereby ap-
propriated to the Immigration Infrastructure Fund 
amounts equivalent to the taxes received in the Treasury 
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121 
under section 24004 of division B of the Dignity for Immi-
grants while Guarding our Nation to Ignite and Deliver 
the American Dream Act paid or incurred by taxpayers 
who are aliens and participants in the Dignity Program 
under title IV of division B of the Dignity for Immigrants 
while Guarding our Nation to Ignite and Deliver the 
American Dream Act. 
‘‘(c) EXPENDITURES FROM TRUST FUND.—Amounts 
in the Immigration Infrastructure Fund shall be available 
to carry out the Dignity for Immigrants while Guarding 
our Nation to Ignite and Deliver the American Dream Act 
and the amendments made by such Act.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for subchapter A of chapter 98 of such Code 
is amended by adding at the end the following new 
item: 
‘‘Sec. 9512. Immigration Infrastructure Fund.’’. 
(3) EFFECTIVE DATE.—The amendments made 
by this Act shall apply to amounts received after the 
date of the enactment of this Act. 
TITLE III—VISA SECURITY AND 
INTEGRITY 
SEC. 1301. VISA SECURITY. 
(a) VISA SECURITY UNITS AT HIGH-RISK POSTS.— 
Paragraph (1) of section 428(e) of the Homeland Security 
Act of 2002 (6 U.S.C. 236(e)) is amended— 
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122 
(1) by striking ‘‘The Secretary’’ and inserting 
the following: 
‘‘(A) AUTHORIZATION.—Subject to the 
minimum number specified in subparagraph 
(B), the Secretary’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(B) RISK-BASED ASSIGNMENTS.— 
‘‘(i) IN
GENERAL.—In carrying out 
subparagraph (A), the Secretary shall as-
sign employees of the Department to not 
fewer than 75 diplomatic and consular 
posts at which visas are issued. Such as-
signments shall be made— 
‘‘(I) in a risk-based manner; 
‘‘(II) considering the criteria de-
scribed in clause (iii); and 
‘‘(III) in accordance with Na-
tional Security Decision Directive 38 
of June 2, 1982, or any superseding 
presidential directive concerning staff-
ing at diplomatic and consular posts. 
‘‘(ii) PRIORITY
CONSIDERATION.—In 
carrying out National Security Decision 
Directive 38 of June 2, 1982, the Sec-
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123 
retary of State shall ensure priority consid-
eration of any staffing assignment pursu-
ant to this subparagraph. 
‘‘(iii) CRITERIA DESCRIBED.—The cri-
teria referred to in clause (i) are the fol-
lowing: 
‘‘(I) The number of nationals of 
a country in which any of the diplo-
matic and consular posts referred to 
in clause (i) are located who were 
identified in United States Govern-
ment databases related to the identi-
ties of known or suspected terrorists 
during the previous year. 
‘‘(II) Information on the coopera-
tion of such country with the counter-
terrorism efforts of the United States. 
‘‘(III) Information analyzing the 
presence, activity, or movement of ter-
rorist organizations (as such term is 
defined in section 212(a)(3)(B)(vi) of 
the Immigration and Nationality Act 
(8 U.S.C. 1182(a)(3)(B)(vi))) within 
or through such country. 
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124 
‘‘(IV) The number of formal ob-
jections based on derogatory informa-
tion issued by the Visa Security Advi-
sory Opinion Unit pursuant to para-
graph (10) regarding nationals of a 
country in which any of the diplomatic 
and consular posts referred to in 
clause (i) are located. 
‘‘(V) The adequacy of the border 
and immigration control of such coun-
try. 
‘‘(VI) Any other criteria the Sec-
retary determines appropriate.’’. 
(b) COUNTERTERROR VETTING AND SCREENING.— 
Paragraph (2) of section 428(e) of the Homeland Security 
Act of 2002 is amended— 
(1) by redesignating subparagraph (C) as sub-
paragraph (D); and 
(2) by inserting after subparagraph (B) the fol-
lowing new subparagraph: 
‘‘(C) Screen any such applications against 
the appropriate criminal, national security, and 
terrorism databases maintained by the Federal 
Government.’’. 
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125 
(c) TRAINING AND HIRING.—Subparagraph (A) of 
section 428(e)(6) of the Homeland Security Act of 2002 
is amended by— 
(1) striking ‘‘The Secretary shall ensure, to the 
extent possible, that any employees’’ and inserting 
‘‘The Secretary, acting through the Commissioner of 
U.S. Customs and Border Protection and the Direc-
tor of U.S. Immigration and Customs Enforcement, 
shall provide training to any employees’’; and 
(2) striking ‘‘shall be provided the necessary 
training’’. 
(d) PRE-ADJUDICATED VISA SECURITY ASSISTANCE 
AND VISA SECURITY ADVISORY OPINION UNIT.—Sub-
section (e) of section 428 of the Homeland Security Act 
of 2002 is amended by adding at the end the following 
new paragraphs: 
‘‘(9) REMOTE
PRE-ADJUDICATED
VISA
SECU-
RITY
ASSISTANCE.—At the visa-issuing posts at 
which employees of the Department are not assigned 
pursuant to paragraph (1), the Secretary shall, in a 
risk-based manner, assign employees of the Depart-
ment to remotely perform the functions required 
under paragraph (2) at not fewer than 50 of such 
posts. 
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126 
‘‘(10) 
VISA
SECURITY
ADVISORY
OPINION 
UNIT.—The Secretary shall establish within U.S. 
Immigration and Customs Enforcement a Visa Secu-
rity Advisory Opinion Unit to respond to requests 
from the Secretary of State to conduct a visa secu-
rity review using information maintained by the De-
partment on visa applicants, including terrorism as-
sociation, criminal history, counter-proliferation, and 
other relevant factors, as determined by the Sec-
retary.’’. 
(e) 
DEADLINES.—The 
requirements 
established 
under paragraphs (1) and (9) of section 428(e) of the 
Homeland Security Act of 2002 (6 U.S.C. 236(e)), as 
amended and added by this section, shall be implemented 
not later than three years after the date of the enactment 
of this Act. 
(f) FUNDING.— 
(1) ADDITIONAL VISA FEE.— 
(A) IN GENERAL.—The Secretary of State, 
in consultation with the Secretary of Homeland 
Security, may charge a fee in support of visa 
security, to be deposited in the Fraud Detection 
and Nationality Security Directorate account. 
Fees imposed pursuant to this subsection shall 
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127 
be available only to the extent provided in ad-
vance by appropriations Acts. 
(B) AMOUNT OF FEE.—The total amount 
of the additional fee charged pursuant to this 
subsection shall be equal to an amount suffi-
cient to cover the annual costs of the visa secu-
rity program established by the Secretary of 
Homeland Security under section 428(e) of the 
Homeland Security Act of 2002 (6 U.S.C. 
236(e)), as amended by this section. 
(2) USE OF FEES.—Amounts deposited in the 
Fraud Detection and Nationality Security Direc-
torate account pursuant to paragraph (1) are au-
thorized to be appropriated to the Secretary of 
Homeland Security for the funding of the visa secu-
rity program referred to in such paragraph. 
SEC. 1302. ELECTRONIC PASSPORT SCREENING AND BIO-
METRIC MATCHING. 
(a) IN GENERAL.—Subtitle B of title IV of the 
Homeland Security Act of 2002 (6 U.S.C. 231 et seq.), 
as amended by this division, is further amended by adding 
at the end the following new sections: 
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128 
‘‘SEC. 420A. ELECTRONIC PASSPORT SCREENING AND BIO-
METRIC MATCHING. 
‘‘(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this section, the Commissioner 
of U.S. Customs and Border Protection shall— 
‘‘(1) screen electronic passports at airports of 
entry by reading each such passport’s embedded 
chip; and 
‘‘(2) to the greatest extent practicable, utilize 
facial recognition technology or other biometric tech-
nology, as determined by the Commissioner, to in-
spect travelers at United States airports of entry. 
‘‘(b) APPLICABILITY.— 
‘‘(1) ELECTRONIC
PASSPORT
SCREENING.— 
Paragraph (1) of subsection (a) shall apply to pass-
ports belonging to individuals who are United States 
citizens, individuals who are nationals of a program 
country pursuant to section 217 of the Immigration 
and Nationality Act (8 U.S.C. 1187), and individ-
uals who are nationals of any other foreign country 
that issues electronic passports. 
‘‘(2) FACIAL RECOGNITION MATCHING.—Para-
graph (2) of subsection (a) shall apply, at a min-
imum, to individuals who are nationals of a program 
country pursuant to section 217 of the Immigration 
and Nationality Act. 
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129 
‘‘(c) ANNUAL REPORT.—The Commissioner of U.S. 
Customs and Border Protection, in collaboration with the 
Chief Privacy Officer of the Department, shall issue to the 
Committee on Homeland Security of the House of Rep-
resentatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate an annual report 
through fiscal year 2028 on the utilization of facial rec-
ognition technology and other biometric technology pursu-
ant to subsection (a)(2). Each such report shall include 
information on the type of technology used at each airport 
of entry, the number of individuals who were subject to 
inspection using either of such technologies at each airport 
of entry, and within the group of individuals subject to 
such inspection at each airport, the number of those indi-
viduals who were United States citizens and legal perma-
nent residents. Each such report shall provide information 
on the disposition of data collected during the year covered 
by such report, together with information on protocols for 
the management of collected biometric data, including 
timeframes and criteria for storing, erasing, destroying, 
or otherwise removing such data from databases utilized 
by the Department.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
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130 
amended by inserting after the item relating to section 
420 the following new item: 
‘‘Sec. 420A. Electronic passport screening and biometric matching.’’. 
SEC. 1303. REPORTING OF VISA OVERSTAYS. 
Section 2 of Public Law 105–173 (8 U.S.C. 1376) 
is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘Attorney General’’ and in-
serting ‘‘Secretary of Homeland Security’’; and 
(B) by inserting before the period at the 
end the following: ‘‘, and any additional infor-
mation that the Secretary determines necessary 
for purposes of the report under subsection 
(b)’’; and 
(2) by amending subsection (b) to read as fol-
lows: 
‘‘(b) ANNUAL REPORT.—Not later than September 
30, 2025, and not later than September 30 of each year 
thereafter, the Secretary of Homeland Security shall sub-
mit to the Committee on Homeland Security and the Com-
mittee on the Judiciary of the House of Representatives 
and to the Committee on Homeland Security and Govern-
mental Affairs and the Committee on the Judiciary of the 
Senate a report providing, for the preceding fiscal year, 
numerical estimates (including information on the meth-
odology utilized to develop such numerical estimates) of— 
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132 
‘‘(5) the number of Canadian nationals who en-
tered the United States without a visa whose author-
ized period of stay in the United States terminated 
during the previous fiscal year, but who remained in 
the United States.’’. 
SEC. 1304. STUDENT AND EXCHANGE VISITOR INFORMA-
TION SYSTEM VERIFICATION. 
Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of Homeland Security shall 
ensure that the information collected under the program 
established under section 641 of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1372) is available to officers of U.S. Customs and 
Border Protection for the purpose of conducting primary 
inspections of aliens seeking admission to the United 
States at each port of entry of the United States. 
SEC. 1305. VISA INFORMATION SHARING. 
(a) IN GENERAL.—Section 222(f) of the Immigration 
and Nationality Act (8 U.S.C. 1202(f)(2)) is amended— 
(1) by striking ‘‘issuance or refusal’’ and insert-
ing ‘‘issuance, refusal, or revocation’’; 
(2) in paragraph (2), in the matter preceding 
subparagraph (A), by striking ‘‘and on the basis of 
reciprocity’’ and all that follows and inserting the 
following ‘‘may provide to a foreign government in-
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133 
formation in a Department of State computerized 
visa database and, when necessary and appropriate, 
other records covered by this section related to infor-
mation in such database—’’; 
(3) in paragraph (2)(A)— 
(A) by inserting at the beginning ‘‘on the 
basis of reciprocity,’’; 
(B) by inserting ‘‘(i)’’ after ‘‘for the pur-
pose of’’; and 
(C) by striking ‘‘illicit weapons; or’’ and 
inserting ‘‘illicit weapons, or (ii) determining a 
person’s deportability or eligibility for a visa, 
admission, or other immigration benefit;’’; 
(4) in paragraph (2)(B)— 
(A) by inserting at the beginning ‘‘on the 
basis of reciprocity,’’; 
(B) by striking ‘‘in the database’’ and in-
serting ‘‘such database’’; 
(C) by striking ‘‘for the purposes’’ and in-
serting ‘‘for one of the purposes’’; and 
(D) by striking ‘‘or to deny visas to per-
sons who would be inadmissible to the United 
States.’’ and inserting ‘‘; or’’; and 
(5) in paragraph (2), by adding at the end the 
following: 
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134 
‘‘(C) with regard to any or all aliens in the 
database specified data elements from each 
record, if the Secretary of State determines that 
it is in the national interest to provide such in-
formation to a foreign government and such in-
formation is provided in accordance with the 
confidentiality 
requirements 
under 
section 
208.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect 60 days after the date of 
the enactment of this Act. 
SEC. 1306. FRAUD PREVENTION. 
(a) PROSPECTIVE ANALYTICS TECHNOLOGY.— 
(1) PLAN
FOR
IMPLEMENTATION.—Not later 
than 180 days after the date of the enactment of 
this Act, the Secretary of Homeland Security shall 
submit to the Committee on the Judiciary of the 
House of Representatives and the Committee on the 
Judiciary of the Senate a plan for the use of ad-
vanced analytics software to ensure the proactive de-
tection of fraud in immigration benefits applications 
and petitions and to ensure that any such applicant 
or petitioner does not pose a threat to national secu-
rity. 
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135 
(2) IMPLEMENTATION
OF
PLAN.—Not later 
than 1 year after the date of the submission of the 
plan under paragraph (1), the Secretary of Home-
land Security shall begin implementation of the plan. 
(b) BENEFITS FRAUD ASSESSMENT.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security, acting through the Fraud Detection and 
Nationality Security Directorate, shall complete a 
benefit fraud assessment by fiscal year 2025 on each 
of the following: 
(A) Petitions by VAWA self-petitioners (as 
such term is defined in section 101(a)(51) of 
the Immigration and Nationality Act (8 U.S.C. 
1101(a)(51))). 
(B) Applications or petitions for visas or 
status under section 101(a)(15)(K) of such Act 
or under section 201(b)(2) of such Act, in the 
case of spouses (8 U.S.C. 1101(a)(15)(K)). 
(C) Applications for visas or status under 
section 101(a)(27)(J) of such Act (8 U.S.C. 
1101(a)(27)(J)). 
(D) Applications for visas or status under 
section 101(a)(15)(U) of such Act (8 U.S.C. 
1101(a)(15)(U)). 
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136 
(E) Petitions for visas or status under sec-
tion 101(a)(27)(C) of such Act (8 U.S.C. 
1101(a)(27)(C)). 
(F) Applications for asylum under section 
208 of such Act (8 U.S.C. 1158). 
(G) Applications for adjustment of status 
under section 209 of such Act (8 U.S.C. 1159). 
(H) Petitions for visas or status under sec-
tion 201(b) of such Act (8 U.S.C. 1151(b)). 
(2) REPORTING ON FINDINGS.—Not later than 
30 days after the completion of each benefit fraud 
assessment under paragraph (1), the Secretary shall 
submit to the Committee on the Judiciary of the 
House of Representatives and the Committee on the 
Judiciary of the Senate such assessment and rec-
ommendations on how to reduce the occurrence of 
instances of fraud identified by the assessment. 
SEC. 1307. VISA INELIGIBILITY FOR SPOUSES AND CHIL-
DREN OF DRUG TRAFFICKERS. 
Section 212(a)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)(2)) is amended— 
(1) in subparagraph (C)(ii), by striking ‘‘is the 
spouse, son, or daughter’’ and inserting ‘‘is or has 
been the spouse, son, or daughter’’; and 
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137 
(2) in subparagraph (H)(ii), by striking ‘‘is the 
spouse, son, or daughter’’ and inserting ‘‘is or has 
been the spouse, son, or daughter’’. 
SEC. 1308. DNA TESTING. 
Section 222(b) of the Immigration and Nationality 
Act (8 U.S.C. 1202(b)) is amended by inserting ‘‘Where 
considered necessary, by the consular officer or immigra-
tion official, to establish family relationships, the immi-
grant shall provide DNA evidence of such a relationship 
in accordance with procedures established for submitting 
such evidence. The Secretary and the Secretary of State 
may, in consultation, issue regulations to require DNA 
evidence to establish family relationship, from applicants 
for certain visa classifications.’’ after ‘‘and a certified copy 
of all other records or documents concerning him or his 
case which may be required by the consular officer.’’. 
SEC. 1309. DNA COLLECTION CONSISTENT WITH FEDERAL 
LAW. 
Not later than 90 days after the date of the enact-
ment of this section, the Secretary shall ensure and certify 
to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate that CBP is fully 
compliant with the DNA Fingerprint Act of 2005 (Public 
Law 109–162; 119 Stat. 3084) at all border facilities that 
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138 
process adults, including as part of a family unit, in the 
custody of CBP at the border. 
TITLE 
IV—TRANSNATIONAL 
CRIMINAL 
ORGANIZATION 
PREVENTION 
AND 
ELIMI-
NATION 
SEC. 1401. SHORT TITLE. 
This title may be cited as the ‘‘Transnational Crimi-
nal Organization Prevention and Elimination Act’’. 
SEC. 1402. ILLICIT SPOTTING. 
Section 1510 of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘(f) Any person who knowingly transmits, by any 
means, to another person the location, movement, or ac-
tivities of any officer or agent of a Federal, State, local, 
or tribal law enforcement agency with the intent to further 
a criminal offense under the immigration laws (as such 
term is defined in section 101 of the Immigration and Na-
tionality Act), the Controlled Substances Act, or the Con-
trolled Substances Import and Export Act, or that relates 
to agriculture or monetary instruments shall be fined 
under this title or imprisoned not more than 10 years, or 
both.’’. 
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139 
SEC. 1403. UNLAWFULLY HINDERING IMMIGRATION, BOR-
DER, AND CUSTOMS CONTROLS. 
(a) BRINGING
IN
AND HARBORING
OF CERTAIN 
ALIENS.—Section 274(a) of the Immigration and Nation-
ality Act (8 U.S.C. 1324(a)) is amended— 
(1) in paragraph (2), by striking ‘‘brings to or 
attempts to’’ and inserting the following: ‘‘brings to 
or knowingly attempts or conspires to’’; and 
(2) by adding at the end the following: 
‘‘(5) In the case of a person who has brought 
aliens into the United States in violation of this sub-
section, the sentence otherwise provided for may be 
increased by up to 10 years if that person, at the 
time of the offense, used or carried a firearm or 
who, in furtherance of any such crime, possessed a 
firearm.’’. 
(b) AIDING
OR ASSISTING CERTAIN ALIENS TO 
ENTER THE UNITED STATES.—Section 277 of the Immi-
gration and Nationality Act (8 U.S.C. 1327) is amend-
ed— 
(1) by inserting after ‘‘knowingly aids or as-
sists’’ the following: ‘‘or attempts to aid or assist’’; 
and 
(2) by adding at the end the following: ‘‘In the 
case of a person convicted of an offense under this 
section, the sentence otherwise provided for may be 
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140 
increased by up to 10 years if that person, at the 
time of the offense, used or carried a firearm or 
who, in furtherance of any such crime, possessed a 
firearm.’’. 
SEC. 1404. REPORT ON SMUGGLING. 
The Secretary of Homeland Security, in coordination 
with the heads of appropriate Federal agencies, shall de-
velop a regularly updated intelligence driven analysis that 
includes— 
(1) migrant perceptions of United States law 
and policy at the border, including human smuggling 
organization messaging and propaganda; 
(2) tactics, techniques, and procedures used by 
human smuggling organizations to exploit border se-
curity vulnerabilities to facilitate such smuggling ac-
tivities across the border; 
(3) the methods and use of technology to orga-
nize and encourage irregular migration and under-
mine border security; and 
(4) any other information the Secretary deter-
mines appropriate. 
SEC. 1405. SARAH’S LAW. 
(a) MANDATORY DETENTION OF CERTAIN ALIENS 
CHARGED WITH A CRIME RESULTING IN DEATH OR SERI-
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141 
OUS BODILY INJURY.—Section 236(c) of the Immigration 
and Nationality Act (8 U.S.C. 1226(c)) is amended— 
(1) in paragraph (1)— 
(A) in subparagraphs (A) and (B), by 
striking the comma at the end of each subpara-
graph and inserting a semicolon; 
(B) in subparagraph (C)— 
(i) by striking ‘‘sentence’’ and insert-
ing ‘‘sentenced’’; and 
(ii) by striking ‘‘, or’’ and inserting a 
semicolon; 
(C) in subparagraph (D), by striking the 
comma at the end and inserting ‘‘; or’’; and 
(D) by inserting after subparagraph (D) 
the following: 
‘‘(E)(i)(I) was not inspected and admitted 
into the United States; 
‘‘(II) held a nonimmigrant visa (or other 
documentation authorizing admission into the 
United States as a nonimmigrant) that has 
been revoked under section 221(i); or 
‘‘(III) 
is 
described 
in 
section 
237(a)(1)(C)(i); and 
‘‘(ii) has been charged by a prosecuting au-
thority in the United States with any crime 
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142 
that resulted in the death or serious bodily in-
jury (as defined in section 1365(h)(3) of title 
18, United States Code) of another person,’’; 
and 
(2) by adding at the end the following: 
‘‘(3) NOTIFICATION REQUIREMENT.—Upon en-
countering or gaining knowledge of an alien de-
scribed in paragraph (1), the Assistant Secretary of 
Homeland Security for Immigration and Customs 
Enforcement shall make reasonable efforts— 
‘‘(A) to obtain information from law en-
forcement agencies and from other available 
sources regarding the identity of any victims of 
the crimes for which such alien was charged or 
convicted; and 
‘‘(B) to provide the victim or, if the victim 
is deceased, a parent, guardian, spouse, or clos-
est living relative of such victim, with informa-
tion, on a timely and ongoing basis, including— 
‘‘(i) the alien’s full name, aliases, date 
of birth, and country of nationality; 
‘‘(ii) the alien’s immigration status 
and criminal history; 
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143 
‘‘(iii) the alien’s custody status and 
any changes related to the alien’s custody; 
and 
‘‘(iv) a description of any efforts by 
the United States Government to remove 
the alien from the United States.’’. 
(b) SAVINGS PROVISION.—Nothing in this section, or 
the amendments made by this section, may be construed 
to limit the rights of crime victims under any other provi-
sion of law, including section 3771 of title 18, United 
States Code. 
SEC. 1406. ILLEGAL REENTRY. 
Section 276 of the Immigration and Nationality Act 
(8 U.S.C. 1326) is amended to read as follows: 
‘‘SEC. 276. REENTRY OF REMOVED ALIEN. 
‘‘(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 10 years, or both. 
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145 
‘‘(4) for murder, rape, kidnapping, or a felony 
offense described in chapter 77 (relating to peonage 
and slavery) or 113B (relating to terrorism) of such 
title, or for 3 or more felonies of any kind, the alien 
shall be fined under such title, imprisoned not more 
than 30 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 20 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) 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 
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146 
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. 
‘‘(f) 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 free from official 
restraint. 
‘‘(2) 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. 
‘‘(3) FELONY.—The term ‘felony’ means any 
criminal offense punishable by a term of imprison-
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147 
ment of more than 1 year under the laws of the 
United States, any State, or a foreign government. 
‘‘(4) 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. 
‘‘(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. 
‘‘(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. 1407. 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 inserting after paragraph (52) the 
following: 
‘‘(53)(A) The term ‘criminal gang’ means an associa-
tion of 25 or more individuals— 
‘‘(i) whose members knowingly, willingly, and 
collectively identify themselves by adopting a group 
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148 
identity, which they use to create an atmosphere of 
fear or intimidation, frequently by employing one or 
more of the following: a common name, slogan, iden-
tifying sign, symbol, tattoo or other physical mark-
ing, style or color of clothing, hairstyle, hand sign or 
graffiti; 
‘‘(ii) whose purpose in part is to engage in 
criminal activity and which uses violence or intimida-
tion to further its criminal objectives; and 
‘‘(iii) whose members engage in criminal activ-
ity or acts of juvenile delinquency that if committed 
by an adult would be crimes with the intent to en-
hance or preserve the association’s power, reputation 
or economic resources. 
‘‘(B) The association may also possess some of the 
following characteristics: 
‘‘(i) The members may employ rules for joining 
and operating within the association. 
‘‘(ii) The members may meet on a recurring 
basis. 
‘‘(iii) The association may provide physical pro-
tection of its members from others. 
‘‘(iv) The association may seek to exercise con-
trol over a particular geographic location or region, 
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149 
or it may simply defend its perceived interests 
against rivals. 
‘‘(v) The association may have an identifiable 
structure. 
‘‘(C) The offenses described, whether in violation of 
Federal or State law or foreign law and regardless of 
whether the offenses occurred before, on, or after the date 
of the enactment of this paragraph, are the following: 
‘‘(i) A ‘felony drug offense’ (as defined in sec-
tion 102 of the Controlled Substances Act (21 
U.S.C. 802)). 
‘‘(ii) A felony offense involving firearms or ex-
plosives or in violation of section 931 of title 18, 
United States Code (relating to purchase, ownership, 
or possession of body armor by violent felons). 
‘‘(iii) 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), except 
that this clause does not apply in the case of an or-
ganization described in section 501(c)(3) of the In-
ternal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) 
which is exempt from taxation under section 501(a) 
of such Code. 
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150 
‘‘(iv) A violent crime described in section 
101(a)(43)(F). 
‘‘(v) A crime involving obstruction of justice, 
tampering with or retaliating against a witness, vic-
tim, or informant, or perjury or subornation of per-
jury. 
‘‘(vi) Any conduct punishable under sections 
1028A and 1029 of title 18, United States Code (re-
lating to aggravated identity theft or fraud and re-
lated activity in connection with identification docu-
ments or access devices), sections 1581 through 
1594 of such title (relating to peonage, slavery, and 
trafficking in persons), section 1951 of such title 
(relating to interference with commerce 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 instru-
ments), section 1957 of such title (relating to engag-
ing in monetary transactions in property derived 
from specified unlawful activity), or sections 2312 
through 2315 of such title (relating to interstate 
transportation of stolen motor vehicles or stolen 
property). 
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151 
‘‘(vii) An attempt or conspiracy to commit an 
offense described in this paragraph or aiding, abet-
ting, counseling, procuring, commanding, inducing, 
facilitating, or soliciting the commission of an of-
fense described in clauses (i) through (vi).’’. 
(b) INADMISSIBILITY.—Section 212(a)(2) of such Act 
(8 U.S.C. 1182(a)(2)) is amended— 
(1) in subparagraph (A)(i)— 
(A) in subclause (I), by striking ‘‘or’’ at 
the end; and 
(B) by inserting after subclause (II) the 
following: 
‘‘(III) a violation of (or a con-
spiracy or attempt to violate) any law 
or regulation of a State, the United 
States, or a foreign country relating 
to participation or membership in a 
criminal gang, or 
‘‘(IV) any felony or misdemeanor 
offense for which the alien received a 
sentencing enhancement predicated on 
knowing gang membership or conduct 
that promoted, furthered, aided, or 
supported the illegal activity of the 
criminal gang, except in the case of 
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152 
any such alien who was a minor under 
the age of 16 at the time of the of-
fense, who was forced, threatened, or 
coerced into association with the 
criminal gang, who was unknowingly 
associated with the gang, or who 
acted under duress.’’; and 
(2) by adding at the end the following: 
‘‘(N) ALIENS ASSOCIATED WITH CRIMINAL 
GANGS.— 
‘‘(i) 
ALIENS
NOT
PHYSICALLY 
PRESENT IN THE UNITED STATES.—In the 
case of an alien who is not physically 
present in the United States: 
‘‘(I) That alien is inadmissible if 
a consular officer, the Secretary of 
Homeland Security, or the Attorney 
General knows or has reasonable 
grounds to believe— 
‘‘(aa) to be or to have been 
a member of a criminal gang (as 
defined in section 101(a)(53)); or 
‘‘(bb) to have participated in 
the activities of a criminal gang 
(as 
defined 
in 
section 
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153 
101(a)(53)), knowing or having 
reason to know that such activi-
ties will promote, further, aid, or 
support the illegal activity of the 
criminal gang. 
‘‘(II) That alien is inadmissible if 
a consular officer, the Secretary of 
Homeland Security, or the Attorney 
General has reasonable grounds to be-
lieve the alien has participated in, 
been a member of, promoted, or con-
spired with a criminal gang, either in-
side or outside of the United States. 
‘‘(III) That alien is inadmissible 
if a consular officer, an immigration 
officer, the Secretary of Homeland Se-
curity, or the Attorney General has 
reasonable grounds to believe seeks to 
enter the United States or has en-
tered the United States in furtherance 
of the activities of a criminal gang, ei-
ther inside or outside of the United 
States. 
‘‘(ii) ALIENS PHYSICALLY PRESENT IN THE 
UNITED STATES.—In the case of an alien who 
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154 
is physically present in the United States, that 
alien is inadmissible if the alien— 
‘‘(I) is 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 defined in section 
101(a)(53)), knowing or having reason to 
know that such activities will promote, fur-
ther, aid, or support the illegal activity of 
the criminal gang. 
‘‘(iii) EXCEPTIONS.—Clauses (i) and (ii) 
do not apply to a spouse or child of an alien— 
‘‘(I) who did not know or should not 
reasonably have known of the activity 
causing the alien to be found inadmissible 
under this section; 
‘‘(II) whom the consular officer or At-
torney General has reasonable grounds to 
believe has renounced the activity causing 
the alien to be found inadmissible under 
this section; or 
‘‘(III) whom the consular officer or 
Attorney General has reasonable grounds 
to believe did not willingly participate in 
the activity of the associated gang, was 
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155 
under the direct control of a member, or 
did so under duress.’’. 
(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: 
‘‘(H) ALIENS ASSOCIATED WITH CRIMINAL 
GANGS.— 
‘‘(i) IN GENERAL.—Any alien is de-
portable who— 
‘‘(I) is or has been a member of 
a criminal gang (as defined in section 
101(a)(53)); 
‘‘(II) has participated in the ac-
tivities of a criminal gang (as so de-
fined), knowing or having reason to 
know that such activities will promote, 
further, aid, or support the illegal ac-
tivity of the criminal gang; 
‘‘(III) has been convicted of a 
violation of (or a conspiracy or at-
tempt to violate) any law or regulation 
of a State, the United States, or a 
foreign country relating to participa-
tion or membership in a criminal 
gang; or 
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156 
‘‘(IV) any felony or misdemeanor 
offense for which the alien received a 
sentencing enhancement predicated on 
gang membership or conduct that pro-
moted, furthered, aided, or supported 
the illegal activity of the criminal 
gang. 
‘‘(ii) EXCEPTION.—Clause (i) does not 
apply to a spouse or child of an alien— 
‘‘(I) who did not know or should 
not reasonably have known of the ac-
tivity causing the alien to be found in-
admissible under this section; 
‘‘(II) whom the consular officer 
or Attorney General has reasonable 
grounds to believe has renounced the 
activity causing the alien to be found 
inadmissible under this section; or 
‘‘(III) whom the consular officer 
or Attorney General has reasonable 
grounds to believe did not willingly 
participate in the activity of the asso-
ciated gang, was under the direct con-
trol of a member, or did so under du-
ress.’’. 
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157 
(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 25 
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.—60 days before making a 
designation under this subsection, the Secretary 
shall, by classified communication, notify the Speak-
er and Minority Leader of the House of Representa-
tives, the President pro tempore, Majority Leader, 
and Minority Leader of the Senate, and the mem-
bers of the relevant committees of the House of Rep-
resentatives and the Senate, in writing, of the intent 
to designate a group, club, organization, or associa-
tion of 25 or more persons under this subsection and 
the factual basis therefor. 
‘‘(B) PUBLICATION
IN
THE
FEDERAL
REG-
ISTER.—The Secretary shall publish the designation 
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158 
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.— 
‘‘(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 
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159 
association of 25 or more persons files a peti-
tion 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 25 or more 
persons 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 25 or more 
persons has previously filed a petition for 
revocation under this subparagraph, the 
petition 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 25 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). 
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160 
‘‘(iv) DETERMINATION.— 
‘‘(I) IN GENERAL.—Not later than 60 
days after receiving a petition for revoca-
tion submitted under this subparagraph, 
the Secretary shall make a determination 
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 
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.— 
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161 
‘‘(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. 
‘‘(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 
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162 
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 25 or more persons that has been 
designated 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 
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-
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163 
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 25 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 25 or more persons. 
‘‘(2) PROCEDURE.—Amendments made to a 
designation in accordance with paragraph (1) shall 
be effective upon publication in the Federal Register. 
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-
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164 
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 
25 or more persons may seek judicial review in the 
United States Court of Appeals for the District of 
Columbia Circuit. 
‘‘(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— 
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165 
‘‘(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. 
‘‘(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— 
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‘‘(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 of criminal gang.’’. 
(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)), as amended by this division, is further 
amended— 
(A) in subparagraph (E), by striking ‘‘or’’ 
at the end; 
(B) in subparagraph (F), by inserting ‘‘or’’ 
at the end; and 
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(C) by inserting after subparagraph (F) 
the following: 
‘‘(G) 
is 
inadmissible 
under 
section 
212(a)(2)(N) 
or 
deportable 
under 
section 
237(a)(2)(H),’’. 
(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). 
SEC. 1408. MANDATORY MINIMUM PENALTY FOR CHILD SEX 
TRAFFICKING. 
Section 1591(b) of title 18, United States Code, is 
amended— 
(1) in paragraph (1), by striking ‘‘15’’ and in-
serting ‘‘25’’; and 
(2) in paragraph (2), by striking ‘‘10 years’’ 
and inserting ‘‘25 years’’. 
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