Federal Regulations (as in effect on the date of 
the enactment of the New Way Forward Act); 
‘‘(H) has limited English language pro-
ficiency and is not provided access to appro-
priate and meaningful language services in a 
timely fashion; or 
‘‘(I) has been determined by an immigra-
tion judge or the Secretary of Homeland Secu-
rity to be experiencing severe trauma or to be 
a survivor of torture or gender-based violence, 
based on information obtained during intake, 
from the alien’s attorney or legal service pro-
vider, or through credible self-reporting. 
‘‘(c) SUBSEQUENT DETERMINATIONS.—An alien who 
is detained under this section shall be provided with a de 
novo custody determination hearing under this subsection 
every 60 days, as well as upon showing of a change in 
circumstances or good cause for a de novo custody deter-
mination hearing.’’; and 
(2) by striking subsection (e) and inserting the 
following: 
‘‘(e) RELEASE UPON AN ORDER GRANTING RELIEF 
FROM REMOVAL.—In the case of an alien with respect to 
whom an immigration judge has entered an order termi-
nating removal proceedings or an order providing for relief 
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from removal, including an order granting asylum, or pro-
viding for withholding, deferral, or cancellation of removal, 
which order is pending appeal, the Secretary of Homeland 
Security shall immediately release the alien upon entry of 
the order, and may impose only reasonable conditions on 
the alien’s release from custody. 
‘‘(f) ALTERNATIVES TO DETENTION.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security shall establish programs that provide alter-
natives to detaining aliens, which shall offer a con-
tinuum of supervision mechanisms and options, in-
cluding community-based supervision programs and 
community support. The Secretary may contract 
with nongovernmental community-based organiza-
tions to provide programs, which may include case 
management services, appearance assistance serv-
ices, and screenings of aliens who have been de-
tained. 
‘‘(2) INDIVIDUALIZED
DETERMINATION
RE-
QUIRED.—In determining whether to order an alien 
to participate in a program under this subsection, 
the Secretary, or the immigration judge, as appro-
priate shall make an individualized determination to 
determine the appropriate level of supervision for the 
alien. Participation in a program under this sub-
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section may not be ordered for an alien for whom it 
is determined that release on reasonable bond or re-
cognizance will reasonably assure the appearance of 
the alien as required and the safety of any other 
person and the community.’’. 
(b) PROBABLE CAUSE HEARING.—Section 287(a) of 
the Immigration and Nationality Act (8 U.S.C. 1357(a)) 
is amended by striking the matter preceding paragraph 
(3) and inserting the following: 
‘‘(a) Any officer or employee of the Department of 
Homeland Security authorized under regulations pre-
scribed by the Secretary of Homeland Security shall have 
power without warrant— 
‘‘(1) to interrogate any alien or person believed 
to be an alien as to the person’s right to be or to 
remain in the United States, provided that such in-
terrogation is not based on the person’s race, eth-
nicity, national origin, religion, sexual orientation, 
color, spoken language, or English language pro-
ficiency; and 
‘‘(2) to arrest any alien who in the officer or 
employee’s presence or view is entering or attempt-
ing to enter the United States in violation of any law 
or regulation made in pursuance of law regulating 
the admission, exclusion, expulsion, or removal of 
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aliens, or to arrest any alien in the United States, 
if— 
‘‘(A) the officer or employee has probable 
cause to believe that the alien so arrested is in 
the United States in violation of any such law 
or regulation and is likely to escape before a 
warrant can be obtained for his arrest; 
‘‘(B) the officer or employee has reason to 
believe that the person would knowingly and 
willfully fail to appear in immigration court in 
response to a properly served notice to appear; 
and 
‘‘(C) not later than 48 hours after being 
taken into custody, the arrested alien is pro-
vided with a hearing before an immigration 
judge to determine whether there is probable 
cause as required by this section, including 
probable cause to believe that the person would 
have knowingly and willfully failed to appear as 
required under subparagraph (B), which burden 
to establish probable cause shall be on the Gov-
ernment.’’. 
(c) MANDATORY DETENTION REPEALED.—The Im-
migration and Nationality Act (8 U.S.C. 1101 et seq.) is 
amended— 
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(1) in section 235(b)(1)(B)(ii)— 
(A) by striking ‘‘shall’’ and inserting 
‘‘may’’; and 
(B) by inserting before the period at the 
end the following: ‘‘pursuant to the custody re-
view procedures set forth in section 236’’; 
(2) by striking section 235(b)(1)(B)(iii)(IV); 
(3) in section 235(b)(2)(A)— 
(A) by striking ‘‘shall’’ and inserting 
‘‘may’’; and 
(B) by inserting before the period at the 
end the following: ‘‘pursuant to the custody re-
view procedures set forth in section 236’’; 
(4) by striking section 236A; 
(5) in section 238(a)(2), by striking ‘‘pursuant 
to section 236(c)’’; and 
(6) in section 506(a)(2)— 
(A) by striking the paragraph heading and 
inserting the following: ‘‘RELEASE
HEARING 
FOR ALIENS DETAINED’’; and 
(B) in subparagraph (A)— 
(i) in the matter preceding clause (i), 
by striking ‘‘lawfully admitted for perma-
nent residence’’; 
(ii) by striking clause (i); and 
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(iii) by redesignating clauses (ii) and 
(iii) as clauses (i) and (ii), respectively. 
(d) ALIENS ORDERED REMOVED.—Section 241(a) of 
the Immigration and Nationality Act (8 U.S.C. 1231(a)) 
is amended— 
(1) in paragraph (1), by striking ‘‘90 days’’ 
each place it appears and inserting ‘‘60 days’’; 
(2) by striking paragraph (2) and inserting the 
following: 
‘‘(2) 
INITIAL
CUSTODY
REDETERMINATION 
HEARING.— 
‘‘(A) IN
GENERAL.—Not later than 72 
hours after the entry of a final administrative 
order of removal, the alien ordered removed 
shall be provided with a custody redetermina-
tion hearing before an immigration judge. 
‘‘(B) PRESUMPTION OF DETENTION.—For 
purposes of the hearing under subparagraph 
(A), the alien shall be detained during the re-
moval period unless the alien can show, by a 
preponderance of the evidence, that the alien’s 
removal is not reasonably foreseeable and that 
the alien does not pose a risk to the safety of 
any individual or to the community.’’; 
(3) in paragraph (3)— 
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(A) in the paragraph heading, by striking 
‘‘90-DAY’’ and inserting ‘‘60-DAY’’; and 
(B) in the matter preceding subparagraph 
(A), by striking ‘‘the alien, pending removal, 
shall be subject to supervision under’’ and in-
serting the following: ‘‘except as provided in 
paragraph (7), any alien who has been detained 
during the removal period shall be released 
from custody, pending removal, subject to indi-
vidualized supervision requirements in accord-
ance with’’; 
(4) by striking paragraph (6); and 
(5) by striking paragraph (7) and inserting the 
following: 
‘‘(7) SUBSEQUENT
CUSTODY
REDETERMINA-
TION HEARINGS.— 
‘‘(A) IN GENERAL.—The Government may 
request a subsequent redetermination hearing 
before an immigration judge seeking continued 
detention for an alien ordered to be detained 
pursuant to paragraph (2) who has not been re-
moved within the removal period. 
‘‘(B) STANDARD.—An alien may only be 
detained after the removal period upon a show-
ing by the Government that— 
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‘‘(i) the alien’s removal is reasonably 
foreseeable; and 
‘‘(ii) the alien poses a risk to the safe-
ty of an individual or the community, 
which may only be established based on 
credible and individualized information 
that establishes objective risk factors, and 
may not be established based only on the 
fact that the alien has been charged with 
or is suspected of a crime. 
‘‘(C) PERIOD
OF
DETENTION.—An alien 
may not be detained pursuant to an order 
under this paragraph for longer than a 60-day 
period. The Government may seek subsequent 
redetermination hearings under this paragraph 
in order to continue detaining an alien beyond 
each such 60-day period.’’. 
TITLE II—STATUTE OF 
LIMITATIONS 
SEC. 
201. 
TIME 
FOR 
COMMENCING 
REMOVAL 
PRO-
CEEDINGS. 
Section 239(d) of the Immigration and Nationality 
Act (8 U.S.C. 1229(d)) is amended by adding at the end 
the following: 
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‘‘(3)(A) Notwithstanding paragraph (2), any removal 
proceeding against an alien previously admitted to the 
United States for being within a class of deportable aliens 
described in section 237(a)(2), or within a class of inad-
missible aliens described in section 212(a)(2), shall not be 
entertained unless commenced not later than the date that 
is five years after the date on which the alien became de-
portable or inadmissible. 
‘‘(B) This paragraph shall apply to any removal pro-
ceeding resulting in an order of removal before the date 
of the enactment of the New Way Forward Act as if in 
effect on the date on which the removal proceeding was 
commenced.’’. 
TITLE III—LIMIT CRIMINAL- 
SYSTEM-TO-REMOVAL PIPELINE 
SEC. 301. CRIMINAL OFFENSES AND IMMIGRATION LAWS. 
(a) INADMISSIBILITY BASED ON CRIMINAL AND RE-
LATED GROUNDS.—Section 212(a)(2) of the Immigration 
and Nationality Act (8 U.S.C. 1182(a)(2)) is amended— 
(1) by striking subparagraph (A); and 
(2) 
by 
redesignating 
subparagraphs 
(B) 
through (I) as subparagraphs (A) through (H), re-
spectively. 
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(b) DEPORTABILITY
BASED
ON
CRIMINAL
OF-
FENSES.—Section 237(a)(2) of the Immigration and Na-
tionality Act (8 U.S.C. 1227(a)(2)) is amended— 
(1) in subparagraph (A)— 
(A) by striking clauses (i) and (ii); 
(B) by redesignating clauses (iii) through 
(vi) as clauses (i) through (iv), respectively; and 
(C) in clause (iv), as so redesignated, by 
striking ‘‘Clauses (i), (ii), and (iii)’’ and insert-
ing ‘‘Clauses (i) and (ii)’’; 
(2) by striking subparagraph (B); and 
(3) by redesignating subparagraphs (C) through 
(F) as subparagraphs (B) through (E), respectively. 
SEC. 302. DEFINITIONS. 
(a) AGGRAVATED FELONY.—Section 101(a)(43) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(43)) is amended— 
(1) in the matter preceding subparagraph (A), 
by striking ‘‘means—’’ and inserting ‘‘means a fel-
ony, for which a term of imprisonment of not less 
than 5 years was imposed, that is—’’; 
(2) in subparagraph (F), by striking ‘‘for which 
the term of imprisonment at least one year’’; 
(3) in subparagraph (G), by striking ‘‘for 
which’’ and all that follows through ‘‘year’’; 
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(4) in subparagraph (J), by striking ‘‘, for 
which a sentence of one year imprisonment or more 
may be imposed’’; 
(5) in subparagraph (P)— 
(A) by striking ‘‘(i)’’; and 
(B) by striking ‘‘and (ii) for which the 
term of imprisonment imposed (regardless of 
any suspension of such imprisonment) is at 
least 12 months’’; 
(6) in subparagraph (R), by striking ‘‘for which 
the term of imprisonment is at least one year’’; 
(7) in subparagraph (S), by striking ‘‘, for 
which the term of imprisonment is at least one 
year’’; and 
(8) by striking the last sentence. 
(b) CONVICTION.—Section 101(a)(48) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(48)) is 
amended— 
(1) in subparagraph (A), by striking ‘‘court’’ 
and all that follows through ‘‘to be imposed.’’ and 
inserting the following: ‘‘court. An adjudication or 
judgment of guilt that has been dismissed, ex-
punged, sealed, deferred, annulled, invalidated, with-
held, or vacated, or where a court has issued a judi-
cial recommendation against removal, or an order of 
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probation without entry of judgment or any similar 
disposition, shall not be considered a conviction for 
purposes of this Act. No judgment on appeal or 
within the time to file direct appeal shall be deemed 
a ‘conviction’ for the purposes of this Act.’’; and 
(2) in subparagraph (B)— 
(A) by inserting ‘‘only’’ after ‘‘deemed to 
include’’; and 
(B) by striking ‘‘or confinement’’ and all 
that follows through the period at the end and 
inserting ‘‘ordered by a court of law. Any such 
reference shall not be deemed to include any 
suspension of the imposition or execution of 
that imprisonment or sentence in whole or in 
part.’’. 
(c) 
PARTICULARLY
SERIOUS
CRIME.—Section 
208(b)(2)(B)(i) of the Immigration and Nationality Act 
(8 U.S.C. 1158(b)(2)(B)(i)) is amended to read as follows: 
‘‘(i) CONVICTION
OF
AGGRAVATED 
FELONY.—For purposes of clause (ii) of 
subparagraph (A), section 241(b)(3)(B), or 
any other provision of this Act, only an 
alien who has been convicted of an aggra-
vated felony for which a term of imprison-
ment of not less than five years was im-
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posed shall be considered to have been con-
victed of a particularly serious crime.’’. 
(d) APPLICABILITY.—The amendments made by this 
section shall apply to— 
(1) admissions and conduct occurring before, 
on, or after the date of the enactment of this Act; 
and 
(2) convictions and sentences entered before, 
on, or after the date of the enactment of this Act. 
TITLE 
IV—RESTORE 
JUDICIAL 
DISCRETION AND END RE-
MOVAL WITHOUT DUE PROC-
ESS 
SEC. 401. IMMIGRATION PROCEDURAL CHANGES. 
(a) DECISION
AND BURDEN
OF PROOF.—Section 
240(c)(1)(A) of the Immigration and Nationality Act (8 
U.S.C. 1229(c)(1)(A)) is amended by inserting after the 
period at the end the following: ‘‘Notwithstanding any 
other provision of law, an immigration judge may grant 
any relief or deferral from removal, including withholding 
of removal, to any individual who is otherwise eligible for 
such relief but for a prior criminal conviction, or the com-
mission of or a finding of the commission of other conduct 
described in section 212(a)(2), 237(a)(2), or 237(a)(3), if 
the immigration judge finds such an exercise of discretion 
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appropriate in pursuit of humanitarian purposes, to as-
sure family unity, or when it is otherwise in the public 
interest.’’. 
(b) REMOVAL OF ALIENS WHO ARE NOT PERMA-
NENT RESIDENTS.—Section 238 of the Immigration and 
Nationality Act (8 U.S.C. 1228) is amended— 
(1) by striking subsection (b); and 
(2) by redesignating the first subsection (c) as 
subsection (b). 
(c) REINSTATEMENT OF REMOVAL ORDERS AGAINST 
ALIENS ILLEGALLY REENTERING.—Section 241(a) of the 
Immigration and Nationality Act (8 U.S.C. 1231(a)) is 
amended— 
(1) by striking paragraph (5); and 
(2) by redesignating paragraphs (6) and (7) as 
paragraphs (5) and (6), respectively. 
(d) SPECIAL RULES RELATING
TO CONTINUOUS 
RESIDENCE OR PHYSICAL PRESENCE.—Section 240A(d) 
of the Immigration and Nationality Act (8 U.S.C. 
1229b(d)) is amended— 
(1) by striking paragraph (1); and 
(2) by redesignating paragraphs (2) and (3) as 
paragraphs (1) and (2), respectively. 
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(e) JUDICIAL REVIEW OF ORDERS OF REMOVAL.— 
Section 242 of the Immigration and Nationality Act (8 
U.S.C. 1252) is amended by striking subsection (a)(2)(C). 
TITLE V—PROHIBITION AGAINST 
PERFORMANCE OF IMMIGRA-
TION OFFICER FUNCTIONS BY 
STATE AND LOCAL OFFICERS 
AND EMPLOYEES 
SEC. 501. LOCAL ENFORCEMENT. 
(a) IN GENERAL.—Section 287(g) of the Immigra-
tion and Nationality Act (8 U.S.C. 1357(g)) is amended 
to read as follows: 
‘‘(g)(1) The officers and employees of any State, or 
any political subdivision of a State, are prohibited from 
performing the function of an immigration officer in rela-
tion to the investigation, apprehension, transport, or de-
tention of aliens in the United States or otherwise assist 
in the performance of such functions. 
‘‘(2) Civil immigration warrants shall not be made 
available to the officers or employees of any State, or any 
political subdivision of a State, through the National 
Crime Information Center database or its incorporated 
criminal history databases. Federal, State, and local law 
enforcement officials are prohibited from entering into the 
National Crime Information Center database or its incor-
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porated criminal history databases information that re-
lates to an alien’s immigration status, the existence of a 
prior removal, deportation, or voluntary departure order 
entered against an alien, or any allegations of civil viola-
tions of the immigration laws. Any information described 
in this paragraph that is in the National Crime Informa-
tion Center database shall be removed from such database 
not later than 90 days after the enactment of the New 
Way Forward Act.’’. 
(b) PROHIBITING COORDINATION
FOR ENFORCE-
MENT OF IMMIGRATION LAWS.— 
(1) PROHIBITING STATE AND LOCAL LAW EN-
FORCEMENT ARREST AND DETENTION OF ALIENS.— 
Section 439 of the Antiterrorism and Effective 
Death Penalty Act of 1996 (8 U.S.C. 1252c) is re-
pealed. 
(2) COMMUNICATION.—Section 434 of the Per-
sonal Responsibility and Work Opportunity Rec-
onciliation Act of 1996 (8 U.S.C. 1644) is repealed. 
(c) COMMUNICATION AND ENFORCEMENT.—Section 
642 of the Illegal Immigration Reform and Immigrant Re-
sponsibility Act of 1996 (8 U.S.C. 1373) is repealed. 
SEC. 502. NATIONAL CRIME INFORMATION CENTER. 
Section 534(f) of title 28, United States Code, is 
amended— 
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