I 
108TH CONGRESS 
1ST SESSION H. R. 3522
To amend the Immigration and Nationality Act to bar the admission, and 
facilitate the removal, of alien terrorists and their supporters and fund-
raisers, to secure our borders against terrorists, drug traffickers, and 
other illegal aliens, to facilitate the removal of illegal aliens and aliens 
who are criminals or human rights abusers, to reduce visa, document, 
and employment fraud, to temporarily suspend processing of certain 
visas and immigration benefits, to reform the legal immigration system, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 19, 2003
Mr. BARRETT of South Carolina (for himself, Mr. MILLER of Florida, and Mr. 
GOODE) introduced the following bill; which was referred to the Com-
mittee on the Judiciary 
A BILL 
To amend the Immigration and Nationality Act to bar the 
admission, and facilitate the removal, of alien terrorists 
and their supporters and fundraisers, to secure our bor-
ders against terrorists, drug traffickers, and other illegal 
aliens, to facilitate the removal of illegal aliens and aliens 
who are criminals or human rights abusers, to reduce 
visa, document, and employment fraud, to temporarily 
suspend processing of certain visas and immigration ben-
efits, to reform the legal immigration system, and for 
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CON-
TENTS; SEVERABILITY. 
(a) SHORT TITLE.—This Act may be cited as—
(1) the ‘‘Securing America’s Future through 
Enforcement Reform Act of 2003’’; or 
(2) the ‘‘SAFER Act’’. 
(b) REFERENCES
TO IMMIGRATION
AND NATION-
ALITY ACT.—Except as otherwise expressly provided, 
whenever in this Act an amendment or repeal is expressed 
in terms of an amendment to, or repeal of, a section or 
other provision, the reference shall be considered to be 
made to a section or other provision of the Immigration 
and Nationality Act. 
(c) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows:
Sec. 1. Short title; references; table of contents; severability. 
Sec. 2. Congressional findings. 
TITLE I—SECURING THE BORDER 
Subtitle A—Prevention and Punishment of Criminal Smuggling, Transporting, 
and Harboring of Aliens 
Sec. 101. Increased personnel for investigating alien smuggling. 
Sec. 102. Increased criminal sentences and fines for alien smuggling. 
Sec. 103. Change to sentencing guidelines. 
Sec. 104. Enhanced penalties for persons committing offenses while armed. 
Sec. 105. Discontinuing grant of visas to nationals of countries not cooperating 
in combatting alien smuggling. 
Subtitle B—Border Personnel and Strategy 
Sec. 111. Increase in full-time border patrol agents.
Sec. 112. Report on number of border patrol agents needed to secure northern 
border. 
Sec. 113. Use of Army and Air Force to secure the border. 
Sec. 114. Use of border property to secure the border. 
Sec. 115. Report on border strategy. 
TITLE II—SCREENING ALIENS SEEKING ADMISSION 
Sec. 201. Increase in full-time inspectors. 
Sec. 202. Visa waiver program. 
Sec. 203. Consular officer interviews of all visa applicants. 
Sec. 204. Recodification and reform of grounds of inadmissibility. 
Sec. 205. Protections for United States specialty workers. 
Sec. 206. Antifraud fee. 
TITLE III—TRACKING ALIENS PRESENT IN THE UNITED STATES 
Sec. 301. Entry-exit system. 
Sec. 302. Collection of information regarding foreign students. 
Sec. 303. Alien registration. 
Sec. 304. Visa term compliance bonds. 
Sec. 305. Release of aliens in removal proceedings. 
Sec. 306. Detention of aliens delivered by bondsmen. 
TITLE IV—REMOVING ALIEN TERRORISTS, CRIMINALS, AND 
HUMAN RIGHTS VIOLATORS 
Subtitle A—Removing Alien Terrorists 
Sec. 401. Deportability of alien terrorists, national security threats, and serious 
foreign crimes. 
Sec. 402. Administrative removal of alien terrorists. 
Sec. 403. Asylum petitions by members of terrorist organizations. 
Sec. 404. Expatriation of terrorists. 
Subtitle B—Removing Alien Criminals 
Sec. 411. Definition of criminal conviction. 
Sec. 412. Removing murderers, rapists, sexual abusers of children, and drunk 
drivers. 
Sec. 413. Detention and release of criminal aliens pending removal decision. 
Subtitle C—Removing Alien Human Rights Violators 
Sec. 421. Serious human rights violator defined. 
Sec. 422. Deportability of serious human rights violators. 
Sec. 423. Arrest and detention of serious human rights violators pending re-
moval and criminal prosecution decisions. 
Sec. 424. Exception to restriction on removal for serious human rights violators 
and terrorists. 
Sec. 425. Initiation of removal proceedings against serious human rights viola-
tors by complaint. 
Sec. 426. Bars to refugee status and asylum for serious human rights violators. 
Sec. 427. Bar to adjustment of status for serious human rights violators. 
Sec. 428. Bar to finding of good moral character for serious human rights vio-
lators. 
Sec. 429. Bar to cancellation of removal for serious human rights violators.
Sec. 430. Bar to adjustment of status with respect to certain special immi-
grants. 
Sec. 431. Criminal penalties for reentry of removed serious human rights viola-
tors. 
Sec. 432. Aiding or assisting serious human rights violators to enter the United 
States. 
Sec. 433. Revision of regulations with respect to the involuntary return of per-
sons in danger of subjection to torture. 
Sec. 434. Funding for detention and removal assistance provided by State and 
local law enforcement agencies. 
Sec. 435. Effective date. 
TITLE V—ENHANCING ENFORCEMENT OF THE IMMIGRATION 
AND NATIONALITY ACT IN THE INTERIOR 
Subtitle A—Document Security 
Sec. 501. Secure travel documents. 
Sec. 502. Social security cards. 
Sec. 503. Consular identification documents. 
Subtitle B—Employment Eligibility Verification 
Sec. 511. Employment eligibility verification process and elimination of exam-
ination of documentation requirement. 
Sec. 512. Employment eligibility verification system. 
Sec. 513. Notification by Commissioner of failure to correct social security in-
formation. 
Sec. 514. Protection for individuals reporting immigration law violations. 
Subtitle C—Miscellaneous 
Sec. 521. Increased investigative personnel. 
Sec. 522. Expedited exclusion. 
Sec. 523. Adjustment of status for certain aliens. 
Sec. 524. Termination of continuous presence for purposes of cancellation of re-
moval upon commission of offense rendering alien inadmissible 
or deportable. 
Sec. 525. Reentry of removed aliens. 
Sec. 526. Criminal and civil penalties for entry of aliens at improper time or 
place, avoidance of examination or inspection, unlawful pres-
ence, and misrepresentation or concealment of facts. 
Sec. 527. Communication between government agencies and the Department of 
Homeland Security. 
Sec. 528. Exception to removal for certain aliens. 
Sec. 529. Detention facilities. 
Sec. 530. Voluntary departure. 
Sec. 531. Cancellation of removal. 
Sec. 532. Expedited removal of criminal aliens. 
Sec. 533. Subject to jurisdiction defined. 
Sec. 534. Claims for services performed by unauthorized aliens. 
Sec. 535. Restrictions on warrantless entry. 
TITLE VI—ELIMINATING EXCESSIVE REVIEW AND DILATORY 
AND ABUSIVE TACTICS BY ALIENS IN REMOVAL PROCEEDINGS 
Sec. 601. Frivolous applications.
Sec. 602. Continuances; change of venue. 
Sec. 603. Burden of proof in asylum proceedings. 
Sec. 604. Review of convention against torture grants and denials. 
Sec. 605. Time limit for decisions in administrative appeals. 
Sec. 606. Review of asylum claims. 
Sec. 607. Judicial review. 
TITLE VII—EMERGENCY IMMIGRATION WORKLOAD REDUCTION 
Sec. 701. Congressional finding. 
Sec. 702. Temporary suspension of visa waiver program. 
Sec. 703. Temporary suspension of adjustment of status applications. 
Sec. 704. Temporary suspension of renewals of temporary protected status. 
Sec. 705. Curtailment of visas for countries denying or delaying repatriation of 
nationals. 
Sec. 706. Waiver of suspensions. 
Sec. 707. Termination of temporary suspensions. 
Sec. 708. Effective date. 
TITLE VIII—REFORMING LEGAL IMMIGRATION 
Subtitle A—Promotion of Citizenship 
Sec. 801. Changes in naturalization requirements. 
Sec. 802. Oath of Renunciation and Allegiance. 
Subtitle B—Treatment of Nationals of State Sponsors of Terrorism 
Sec. 811. Treatment of nationals of State sponsors of terrorism. 
Subtitle C—Legal Immigration Reform 
Sec. 821. Extended family preference categories. 
Sec. 822. Employment third preference category. 
Sec. 823. Elimination of diversity immigrant program. 
Sec. 824. Refugee admissions. 
Sec. 825. Aliens subject to direct numerical limitations. 
Sec. 826. Education of family-sponsored immigrants. 
Sec. 827. Sponsorship levels. 
Sec. 828. Repeal of section 245(i). 
TITLE IX—MISCELLANEOUS PROVISIONS 
Sec. 901. Temporary protected status. 
Sec. 902. Good moral character. 
Sec. 903. Removal for aliens who make misrepresentations to procure benefits. 
Sec. 904. Designations of foreign terrorist organizations. 
Sec. 905. Foreign students. 
Sec. 906. Pay grade GS–15 available for trial attorneys. 
Sec. 907. Proof of identity of aliens seeking relief. 
Sec. 908. Following to join defined. 
Sec. 909. Information on foreign crimes.
(d) SEVERABILITY.—If any provision of this Act, or 
the application of such a provision to any person or cir-
cumstance, is held to be unconstitutional, the remainder 
of this Act, and the application of the provisions of this 
Act to any other person or circumstance, shall not be af-
fected by such holding.
SEC. 2. CONGRESSIONAL FINDINGS. 
The Congress finds as follows: 
(1) Alien terrorists are not a distinct national 
security problem that is somehow separable from the 
interrelated problems of alien trafficking, alien crim-
inality, and illegal immigration driven by economic 
factors. 
(2) An effective counter-terrorism effort must 
assume that terrorists will take advantage of our 
permeable borders and the ability of illegal aliens to 
operate in the United States without any systematic 
effort to locate and remove them. 
(3) The capability to routinely and reliably de-
tect and locate non-citizens present in the United 
States, and accurately identify their immigration 
status, is the first essential line of defense against 
alien terrorist operations on United States territory. 
(4) A comprehensive strategy of interior en-
forcement that includes an automated work author-
ization verification system, penalties for employers 
who knowingly hire illegal aliens, and prompt re-
moval of aliens found working without authorization 
is the only effective way to identify and control the 
large illegal alien population in the United States. 
(5) Suppression of illegal immigration through 
effective alien registration and document security 
programs is the most practical and effective means 
to protect the civic freedoms treasured by U.S. citi-
zens during periods of terrorist-related national se-
curity threats. 
TITLE I—SECURING THE 
BORDER 
Subtitle A—Prevention and Pun-
ishment of Criminal Smuggling, 
Transporting, and Harboring of 
Aliens 
SEC. 101. INCREASED PERSONNEL FOR INVESTIGATING 
ALIEN SMUGGLING. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity, in each of the fiscal years 2004 through 2011, shall 
increase the number of positions for full-time, active-duty 
investigators or other enforcement personnel within the 
Department of Homeland Security who are assigned to 
combat alien smuggling by not less than 50 positions 
above the number of such positions for which funds were 
allotted for the preceding fiscal year.
(b) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—In addition to funds other-
wise available for such purpose, there are authorized 
to be appropriated to the Department of Homeland 
Security such sums as may be necessary in each of 
the fiscal years 2004 through 2011 to carry out sub-
section (a), and to cover the operating expenses of 
the department in conducting undercover investiga-
tions of alien smuggling activities and in prosecuting 
violations of section 274(a)(1)(A) of the Immigra-
tion and Nationality Act (8 U.S.C. 1324(a)(1)(A)) 
(relating to alien smuggling), resulting from the in-
crease in personnel under subsection (a). 
(2) AVAILABILITY OF FUNDS.—Amounts appro-
priated pursuant to paragraph (1) are authorized to 
remain available until expended. 
(c) ALIEN SMUGGLING DEFINED.—In this section, 
the term ‘‘alien smuggling’’ means any act prohibited by 
section 274(a) of the Immigration and Nationality Act (8 
U.S.C. 1324(a)) or section 274A(a) of such Act (8 U.S.C. 
1324a(a)). 
SEC. 102. INCREASED CRIMINAL SENTENCES AND FINES 
FOR ALIEN SMUGGLING. 
(a) IN GENERAL.—Subject to subsection (b), pursu-
ant to its authority under section 994(p) of title 28,
United States Code, the United States Sentencing Com-
mission shall promulgate sentencing guidelines or amend 
existing sentencing guidelines for smuggling, transporting, 
harboring, or inducing aliens under sections 274(a)(1)(A) 
of the Immigration and Nationality Act (8 U.S.C. 
1324(a)(1)(A)) so as to—
(1) triple the minimum term of imprisonment 
under that section for offenses involving the smug-
gling, transporting, harboring, or inducing of—
(A) 1 to 5 aliens from 10 months to 30 
months; 
(B) 6 to 24 aliens from 18 months to 54 
months; 
(C) 25 to 100 aliens from 27 months to 81 
months; and 
(D) 101 aliens or more from 37 months to 
111 months; 
(2) increase the minimum level of fines for each 
of the offenses described in subparagraphs (A) 
through (D) of paragraph (1) to the greater of 
$25,000 per alien or 3 times the amount the defend-
ant received or expected to receive as compensation 
for the illegal activity; 
(3) increase by at least 2 offense levels above 
the applicable enhancement in effect on the date of
the enactment of this Act the sentencing enhance-
ments for intentionally or recklessly creating a sub-
stantial risk of serious bodily injury or causing bod-
ily injury, serious injury, or permanent or life 
threatening injury; 
(4) for actions causing death, increase the of-
fense level to be equivalent to that for involuntary 
manslaughter under section 1112 of title 18, United 
States Code; and 
(5) for corporations or other business entities 
that knowingly benefit from such offenses, increase 
the minimum level of fines for each of the offenses 
described in subparagraphs (A) through (D) of para-
graph (1) to $50,000 per alien employed directly, or 
indirectly through contract, by the corporation or 
entity. 
(b) EXCEPTION.—Subsection (a) shall not apply to 
an offense that involved the smuggling, transporting, or 
harboring only of the defendant’s spouse or child (or both 
the defendant’s spouse and child).
(c) DEADLINE.—The United States Sentencing Com-
mission shall carry out subsection (a) not later than the 
date that is 6 months after the date of the enactment of 
this Act.
SEC. 103. CHANGE TO SENTENCING GUIDELINES. 
In the exercise of its authority under section 994 of 
title 28, United States Code, the United States Sentencing 
Commission shall amend the Federal sentencing guidelines 
to provide that plea bargaining and other prosecutorial 
policies, and differences in those policies among different 
districts, are not a ground for imposing a sentence outside 
the applicable guidelines range for a violation of immigra-
tion law. 
SEC. 104. ENHANCED PENALTIES FOR PERSONS COMMIT-
TING OFFENSES WHILE ARMED. 
(a) IN GENERAL.—Section 924(c)(1) of title 18, 
United States Code, is amended—
(1) in subparagraph (A)—
(A) by inserting after ‘‘device)’’ the fol-
lowing: 
‘‘or 
any 
violation 
of 
section 
274(a)(1)(A) of the Immigration and Nation-
ality Act’’; and 
(B) by striking ‘‘or drug trafficking 
crime—’’ and inserting ‘‘, drug trafficking 
crime, or violation of section 274(a)(1)(A) of 
the Immigration and Nationality Act—’’; and 
(2) in subparagraph (D)(ii), by striking ‘‘or 
drug trafficking crime’’ and inserting ‘‘, drug traf-
ficking crime, or violation of section 274(a)(1)(A) of 
the Immigration and Nationality Act’’.
(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 offenses committed 
after such date. 
SEC. 105. DISCONTINUING GRANT OF VISAS TO NATIONALS 
OF COUNTRIES NOT COOPERATING IN COM-
BATTING ALIEN SMUGGLING. 
If the Secretary of Homeland Security determines 
that the government of a foreign country has not cooper-
ated fully with the United States, or has not taken ade-
quate steps on its own, to combat the smuggling of aliens 
into the United States from territory controlled by the 
state, the Secretary shall order consular officers in the 
country to discontinue granting immigrant or non-
immigrant visas, or both, to citizens, subjects, nationals, 
and residents of the country until the Secretary deter-
mines that the country has begun to cooperate fully, or 
has taken adequate steps, to combat such smuggling. 
Subtitle B—Border Personnel and 
Strategy 
SEC. 111. INCREASE IN FULL-TIME BORDER PATROL 
AGENTS. 
The Secretary of Homeland Security, in each of fiscal 
years 2004 through 2011, shall increase by not less than 
1,000 the number of positions for full-time active-duty
border patrol agents within the Department of Homeland 
Security above the number of positions for which funds 
were allotted for the preceding fiscal year. 
SEC. 112. REPORT ON NUMBER OF BORDER PATROL 
AGENTS NEEDED TO SECURE NORTHERN 
BORDER. 
(a) REPORT.—Not later than 1 year after the date 
of the enactment of this Act, the Comptroller General of 
the United States shall submit a report to the Committees 
on the Judiciary of the House of Representatives and the 
Senate on the number of border patrol agents needed to 
secure the northern border of the United States. 
(b) COOPERATION.—The Attorney General, the Sec-
retary of State, the Secretary of Defense, and the Sec-
retary of Homeland Security shall cooperate with the 
Comptroller General of the United States in carrying out 
this section. 
SEC. 113. USE OF ARMY AND AIR FORCE TO SECURE THE 
BORDER. 
Section 1385 of title 18, United States Code, is 
amended by inserting after ‘‘execute the laws’’ the fol-
lowing: ‘‘other than at or near a border of the United 
States in order to prevent aliens, terrorists, and drug 
smugglers from entering the United States’’.
SEC. 114. USE OF BORDER PROPERTY TO SECURE THE BOR-
DER. 
Section 102(c) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 
note) is amended by striking ‘‘this section.’’ and inserting 
‘‘this section and to secure the borders of the United 
States against aliens, terrorists, and drug smugglers.’’. 
SEC. 115. REPORT ON BORDER STRATEGY. 
(a) EVALUATION OF STRATEGY.—The Comptroller 
General of the United States shall track, monitor, and 
evaluate the Secretary of Homeland Security’s strategy to 
deter illegal entry in the United States to determine the 
efficacy of such strategy. 
(b) COOPERATION.—The Attorney General, the Sec-
retary of State, the Secretary of Defense, and the Sec-
retary of Homeland Security shall cooperate with the 
Comptroller General of the United States in carrying out 
subsection (a). 
(c) REPORT.—Not later than one year after the date 
of the enactment of this Act, and every year thereafter 
for the succeeding 5 years, the Comptroller General of the 
United States shall submit a report to the Committees on 
the Judiciary of the House of Representatives and of the 
Senate on the results of the activities undertaken under 
subsection (a) during the previous year. Each such report 
shall include an analysis of the degree to which the Sec-
retary of Homeland Security’s strategy has been effective 
in reducing illegal entry. Each such report shall include 
a collection and systematic analysis of data, including 
workload indicators, related to activities to deter illegal 
entry and recommendations to improve and increase bor-
der security at the border and ports of entry. 
TITLE II—SCREENING ALIENS 
SEEKING ADMISSION 
SEC. 201. INCREASE IN FULL-TIME INSPECTORS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity, in each of fiscal years 2004 through 2011, shall in-
crease by not less than 250 the number of positions for 
full-time inspectors within the Department of Homeland 
Security above the number of positions for which funds 
were allotted for the preceding fiscal year. 
(b) REPEAL.—Section 101(a)(1) of the Enhanced 
Border Security and Visa Entry Reform Act of 2002 
(Public Law 107–173) is repealed. 
SEC. 202. VISA WAIVER PROGRAM. 
(a) PASSPORT REQUIREMENTS.—Section 217(a)(3) 
(8 U.S.C. 1187(a)(3)) is amended to read as follows: 
‘‘(3) MACHINE-READABLE, TAMPER-RESISTANT 
PASSPORT WITH BIOMETRIC IDENTIFIERS.—On and 
after October 1, 2005, the alien at the time of appli-
cation for admission is in possession of a valid unex-
pired machine-readable passport that—
‘‘(A) satisfies the internationally accepted 
standard for machine readability; 
‘‘(B) is tamper-resistant; and 
‘‘(C) incorporates biometric and document 
authentification identifiers that comply with ap-
plicable biometric and document identifying 
standards established by the International Civil 
Aviation Organization.’’. 
(b) REPEAL.—Section 303(c) of the Enhanced Bor-
der Security and Visa Entry Reform Act of 2002 (Public 
Law 107–173) is repealed. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on October 1, 2005.
SEC. 203. CONSULAR OFFICER INTERVIEWS OF ALL VISA 
APPLICANTS. 
(a) IN GENERAL.—Section 221 (8 U.S.C. 1201) is 
amended by adding at the end the following:
‘‘(j) Prior to the issuance of an immigrant or non-
immigrant visa to any alien, the consular officer shall re-
quire such alien to submit to an in-person interview in ac-
cordance with such regulations as may be prescribed.’’. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out the amend-
ment made by subsection (a) such sums as may be nec-
essary for fiscal years 2004 through 2011. 
(c) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to visas issued after October 1, 
2003. 
SEC. 204. RECODIFICATION AND REFORM OF GROUNDS OF 
INADMISSIBILITY. 
(a) TRANSFER AND REDESIGNATION.—Section 212 
(8 U.S.C. 1182) is amended—
(1) by transferring subsection (e) to the end of 
section 222 (8 U.S.C. 1202) and redesignating it as 
subsection (h); 
(2) by transferring subsections (j), (m), (n), 
and (q) to the end of section 214 (8 U.S.C. 1202) 
and redesignating them as subsections (s), (t), (u), 
and (v), respectively; and 
(3) by amending the remainder of such section 
to read as follows: 
‘‘GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE 
VISAS AND INELIGIBLE FOR ADMISSION; WAIVERS OF 
INADMISSIBILITY 
‘‘SEC. 212. (a) CLASSES OF ALIENS INELIGIBLE FOR 
VISAS OR ADMISSION.—Except as otherwise provided in 
this Act, aliens who are inadmissible under the following 
paragraphs are ineligible to receive visas and ineligible to 
be admitted to the United States:
‘‘(iii) who is determined (in accord-
ance with regulations prescribed by the 
Secretary of Health and Human Services 
in consultation with the Secretary of 
Homeland Security)—
‘‘(I) to have a physical or mental 
disorder and behavior associated with 
the disorder that may pose, or has 
posed, a threat to the property, safety, 
or welfare of the alien or others; or 
‘‘(II) to have had a physical or 
mental disorder and a history of be-
havior associated with the disorder, 
which behavior has posed a threat to 
the property, safety, or welfare of the 
alien or others and which behavior is 
likely to recur or to lead to other 
harmful behavior; or 
‘‘(iv) who is determined (in accord-
ance with regulations prescribed by the 
Secretary of Health and Human Services) 
to be a drug abuser or addict, 
is inadmissible.
‘‘(B) WAIVER
AUTHORIZED.—For provi-
sion authorizing waiver of certain clauses of 
subparagraph (A), see subsection (e). 
‘‘(C) EXCEPTION FROM IMMUNIZATION RE-
QUIREMENT FOR ADOPTED CHILDREN 10 YEARS 
OF AGE OR YOUNGER.—Clause (ii) of subpara-
graph (A) shall not apply to a child who—
‘‘(i) is 10 years of age or younger; 
‘‘(ii) 
is 
described 
in 
section 
101(b)(1)(F); and 
‘‘(iii) is seeking an immigrant visa as 
an 
immediate 
relative 
under 
section 
201(b), 
if, prior to the admission of the child, an adop-
tive parent or prospective adoptive parent of the 
child, who has sponsored the child for admis-
sion as an immediate relative, has executed an 
affidavit stating that the parent is aware of the 
provisions of subparagraph (A)(ii) and will en-
sure that, within 30 days of the child’s admis-
sion, or at the earliest time that is medically 
appropriate, the child will receive the vaccina-
tions identified in such subparagraph. 
‘‘(2) CRIMINAL AND RELATED GROUNDS.—
‘‘(A) CONVICTION OF CERTAIN CRIMES.—
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), any alien convicted of, 
or who admits having committed, or who 
admits committing acts which constitute 
the essential elements of—
‘‘(I) a crime involving moral tur-
pitude (other than a purely political 
offense) or an attempt or conspiracy 
to commit such a crime; or 
‘‘(II) 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 a controlled substance (as defined 
in section 102 of the Controlled Sub-
stances Act (21 U.S.C. 802)), 
is inadmissible. 
‘‘(ii) EXCEPTION.—Clause (i)(I) shall 
not apply to an alien who committed only 
one crime if—
‘‘(I) the crime was committed 
when the alien was under 18 years of 
age, and the crime was committed 
(and the alien released from any con-
finement to a prison or correctional
institution imposed for the crime) 
more than 5 years before the date of 
application for a visa or other docu-
mentation and the date of application 
for admission to the United States; or 
‘‘(II) the maximum penalty pos-
sible for the crime of which the alien 
was convicted (or which the alien ad-
mits having committed or of which the 
acts that the alien admits having com-
mitted constituted the essential ele-
ments) did not exceed imprisonment 
for one year and, if the alien was con-
victed of such crime, the alien was not 
sentenced to a term of imprisonment 
in excess of 6 months (regardless of
the extent to which the sentence was 
ultimately executed). 
‘‘(B) 
MULTIPLE
CRIMINAL
CONVIC-
TIONS.—Any alien convicted of 2 or more of-
fenses (other than purely political offenses), re-
gardless of whether the conviction was in a sin-
gle trial or whether the offenses arose from a 
single scheme of misconduct and regardless of 
whether the offenses involved moral turpitude,
for which the aggregate sentences to confine-
ment were 5 years or more is inadmissible. 
‘‘(C) 
CONTROLLED
SUBSTANCE
TRAF-
FICKERS.—Any alien who the consular officer 
or the Secretary of Homeland Security knows 
or has reason to believe—
‘‘(i) is or has been an illicit trafficker 
in any controlled substance or in any listed 
chemical (as defined in section 102 of the 
Controlled Substances Act (21 U.S.C. 
802)), or is or has been a knowing aider, 
abettor, assistant, conspirator, or colluder 
with others in the illicit trafficking in any 
such controlled or listed substance or 
chemical, or endeavored to do so; or 
‘‘(ii) is the spouse, son, or daughter of 
an alien inadmissible under clause (i), has, 
within the previous 5 years, obtained any 
financial or other benefit from the illicit 
activity of that alien, and knew or reason-
ably should have known that the financial 
or other benefit was the product of such il-
licit activity, 
is inadmissible.
‘‘(D) 
PROSTITUTION
AND
COMMER-
CIALIZED VICE.—Any alien who—
‘‘(i) is coming to the United States 
solely, principally, or incidentally to engage 
in prostitution, or has engaged in prostitu-
tion within 10 years of the date of applica-
tion for a visa, admission, or adjustment of 
status; 
‘‘(ii) directly or indirectly procures or 
attempts to procure, or (within 10 years of 
the date of application for a visa, entry, or 
adjustment of status) procured or at-
tempted to procure or to import, pros-
titutes or persons for the purpose of pros-
titution, or receives or (within such 10-
year period) received, in whole or in part, 
the proceeds of prostitution; or 
‘‘(iii) is coming to the United States 
to engage in any other unlawful commer-
cialized vice, whether or not related to 
prostitution, 
is inadmissible. 
‘‘(E) CERTAIN ALIENS INVOLVED IN SERI-
OUS CRIMINAL ACTIVITY WHO HAVE ASSERTED 
IMMUNITY FROM PROSECUTION.—Any alien—
‘‘(i) who has committed in the United 
States at any time a serious criminal of-
fense (as defined in section 101(h)); 
‘‘(ii) for whom immunity from crimi-
nal jurisdiction was exercised with respect 
to that offense; 
‘‘(iii) who as a consequence of the of-
fense and exercise of immunity has de-
parted from the United States; and 
‘‘(iv) who has not subsequently sub-
mitted fully to the jurisdiction of the court 
in the United States having jurisdiction 
with respect to that offense, 
is inadmissible. 
‘‘(F) WAIVER
AUTHORIZED.—For provi-
sion authorizing waiver of certain subpara-
graphs of this paragraph, see subsection (f). 
‘‘(G) SERIOUS HUMAN RIGHTS ABUSERS.—
Any serious human rights violator is inadmis-
sible as defined in section 101(a) (8 U.S.C. 
1101(a)) as amended. 
‘‘(H) SIGNIFICANT TRAFFICKERS IN PER-
SONS.—
‘‘(i) IN GENERAL.—Any alien who is 
listed in a report submitted pursuant to
section 111(b) of the Trafficking Victims 
Protection Act of 2000, or who the con-
sular officer or the Secretary of Homeland 
Security knows or has reason to believe is 
or has been a knowing aider, abettor, as-
sistant, conspirator, or colluder with such 
a trafficker in severe forms of trafficking 
in persons, as defined in section 103 of 
such Act, is inadmissible. 
‘‘(ii) 
BENEFICIARIES
OF
TRAF-
FICKING.—Except as provided in clause 
(iii), any alien who the consular officer or 
the Secretary of Homeland Security knows 
or has reason to believe is the spouse, son, 
or daughter of an alien inadmissible under 
clause (i), has, within the previous 5 years, 
obtained any financial or other benefit 
from the illicit activity of that alien, and 
knew or reasonably should have known 
that the financial or other benefit was the 
product of such illicit activity, is inadmis-
sible. 
‘‘(iii) EXCEPTION FOR CERTAIN SONS 
AND
DAUGHTERS.—Clause (ii) shall not 
apply to a son or daughter who was a child
at the time he or she received the benefit 
described in such clause. 
‘‘(I) MONEY LAUNDERING.—Any alien—
‘‘(i) who a consular officer, the Attor-
ney General, or the Secretary of Homeland 
Security knows, or has reason to believe, 
has engaged, is engaging, or seeks to enter 
the United States to engage, in an offense 
which is described in section 1956 or 1957 
of title 18, United States Code (relating to 
laundering of monetary instruments); or 
‘‘(ii) who a consular officer, the Attor-
ney General, or the Secretary of Homeland 
Security knows is, or has been, a knowing 
aider, abettor, assistant, conspirator, or 
colluder with others in an offense which is 
described in such section, 
is inadmissible. 
‘‘(J) AGGRAVATED FELONY.—
‘‘(i) IN
GENERAL.—Any alien con-
victed of an aggravated felony is inadmis-
sible.
‘‘(ii) WAIVER
AUTHORIZED.—Clause 
(i) shall not apply in the case of an alien 
with respect to a criminal conviction if the
alien subsequent to the criminal conviction 
has been granted a full and unconditional 
pardon by the President of the United 
States or by the Governor of any State. 
‘‘(K) CERTAIN FIREARM OFFENSES.—Any 
alien who is convicted under any law of pur-
chasing, selling, offering for sale, exchanging, 
using, owning, possessing, or carrying, or of at-
tempting or conspiring to purchase, sell, offer 
for sale, exchange, use, own, possess, or carry, 
any weapon, part, or accessory which is a fire-
arm or destructive device (as defined in section 
921(a) of title 18, United States Code) in viola-
tion of any law is inadmissible.
‘‘(3) SECURITY AND RELATED GROUNDS.—
‘‘(A) IN GENERAL.—Any alien who a con-
sular officer, the Attorney General, or the Sec-
retary of Homeland Security knows, or has rea-
sonable ground to believe, seeks to enter the 
United States to engage solely, principally, or 
incidentally in—
‘‘(i) any activity—
‘‘(I) to violate any law of the 
United States relating to espionage or 
sabotage; or
‘‘(II) to violate or evade any law 
prohibiting 
the 
export 
from 
the 
United States of goods, technology, or 
sensitive information; 
‘‘(ii) any other unlawful activity, in-
cluding participation in a criminal enter-
prise, conspiracy, or scheme; or 
‘‘(iii) any activity a purpose of which 
is the opposition to, or the control or over-
throw of, the Government of the United 
States by force, violence, or other unlawful 
means, 
is inadmissible. 
‘‘(B) TERRORIST ACTIVITIES.—
‘‘(i) IN GENERAL.—Any alien who—
‘‘(I) has engaged in a terrorist 
activity; 
‘‘(II) a consular officer, the At-
torney General, or the Secretary of 
Homeland Security knows, or has rea-
sonable ground to believe, is engaged 
in or is likely to engage after entry in 
any terrorist activity (as defined in 
clause (iv));
‘‘(III) has, under circumstances 
indicating an intention to cause death 
or serious bodily harm, incited ter-
rorist activity; 
‘‘(IV) is a representative (as de-
fined in clause (v)) of—
‘‘(aa) a terrorist organiza-
tion; or 
‘‘(bb) a political, social, or 
other group that endorses or es-
pouses terrorist activity; 
‘‘(V) is a member of a terrorist 
organization; 
‘‘(VI) endorses or espouses ter-
rorist activity or persuades others to 
endorse or espouse terrorist activity or 
support a terrorist organization; 
‘‘(VII) had information about an 
activity that the alien knew, or should 
have known, was a terrorist activity 
(before or after such activity occurred 
or while it was ongoing), knew, or 
should have known, that such infor-
mation was not public information,
activity causing the alien to be found 
inadmissible under this subparagraph. 
‘‘(iii) 
TERRORIST
ACTIVITY
DE-
FINED.—As used in this subparagraph, the 
term ‘terrorist activity’ means any activity 
which is unlawful under the laws of the 
place where it is committed (or which, if it 
had been or were to be committed in the 
United States, would be unlawful under 
the laws of the United States or any State) 
and which involves any of the following: 
‘‘(I) The hijacking or sabotage of 
any conveyance (including an aircraft, 
vessel, or vehicle). 
‘‘(II) The seizing or detaining, 
and threatening to kill, injure, or con-
tinue to detain, another individual in 
order to compel a third person (in-
cluding a governmental organization) 
to do or abstain from doing any act as 
an explicit or implicit condition for 
the release of the individual seized or 
detained. 
‘‘(III) A violent attack upon an 
internationally protected person (as
defined in section 1116(b)(4) of title 
18, United States Code) or upon the 
liberty of such a person. 
‘‘(IV) An assassination. 
‘‘(V) The use of any—
‘‘(aa) biological agent, chem-
ical agent, or nuclear weapon or 
device; or 
‘‘(bb) explosive, firearm, or 
other weapon or dangerous device 
(other than for mere personal 
monetary gain), 
with intent to endanger, directly or in-
directly, the safety of one or more in-
dividuals or to cause substantial dam-
age to property. 
‘‘(VI) A threat, attempt, or con-
spiracy to do any of the foregoing. 
‘‘(iv) ENGAGE IN TERRORIST ACTIVITY 
DEFINED.—As used in this subparagraph, 
the term ‘engage in terrorist activity’ 
means, in an individual capacity or as a 
member of an organization—
‘‘(I) to commit or to incite to 
commit, under circumstances indi-
cating an intention to cause death or 
serious bodily injury, a terrorist activ-
ity; 
‘‘(II) to prepare or plan a ter-
rorist activity; 
‘‘(III) to gather information on 
potential targets for terrorist activity; 
‘‘(IV) to solicit funds or other 
things of value for—
‘‘(aa) a terrorist activity; 
‘‘(bb) a terrorist organiza-
tion described in clause (vi)(I) or 
(vi)(II); or 
‘‘(cc) a terrorist organiza-
tion described in clause (vi)(III), 
unless the solicitor can dem-
onstrate by clear and convincing 
evidence that he did not know, 
and should not reasonably have 
known, that the organization was 
a terrorist organization; 
‘‘(V) to solicit any individual—
‘‘(aa) to engage in conduct 
otherwise 
described 
in 
this 
clause;
‘‘(bb) for membership in a 
terrorist organization described 
in clause (vi)(I) or (vi)(II); or 
‘‘(cc) for membership in a 
terrorist organization described 
in clause (vi)(III), unless the so-
licitor can demonstrate by clear 
and convincing evidence that he 
did not know, and should not 
reasonably have known, that the 
organization was a terrorist orga-
nization; or 
‘‘(VI) to commit an act that the 
actor knows, or reasonably should 
know, affords material support, in-
cluding a safe house, transportation, 
communications, funds, transfer of 
funds or other material financial ben-
efit, false documentation or identifica-
tion, weapons (including chemical, bi-
ological, or radiological weapons), ex-
plosives, or training— 
‘‘(aa) for the commission of 
a terrorist activity;
‘‘(bb) to any individual who 
the actor knows, or reasonably 
should know, has committed or 
plans to commit a terrorist activ-
ity; or 
‘‘(cc) to a terrorist organiza-
tion described in subclauses (I) 
through (III) of clause (vi). 
‘‘(v) REPRESENTATIVE DEFINED.—As 
used in this subparagraph, the term ‘rep-
resentative’ includes an officer, official, or 
spokesman of an organization, and any 
person who directs, counsels, commands, 
or induces an organization or its members 
to engage in terrorist activity. 
‘‘(vi) TERRORIST ORGANIZATION DE-
FINED.—As used in this section, the term 
‘terrorist organization’ means an organiza-
tion—
‘‘(I) designated under section 
219; 
‘‘(II) otherwise designated, upon 
publication in the Federal Register, by 
the Secretary of State in consultation 
with or upon the request of the Attor-
ney General or the Secretary of 
Homeland Security, as a terrorist or-
ganization, after finding that the or-
ganization engages in the activities 
described in subclauses (I) through 
(VI) of clause (iv), or that the organi-
zation provides material support to 
further terrorist activity; or 
‘‘(III) that is a group of two or 
more individuals, whether organized 
or not, which engages in, or has a 
subgroup which engages in, the activi-
ties 
described 
in 
subclauses 
(I) 
through (VI) of clause (iv). 
‘‘(C) FOREIGN
POLICY.—An alien whose 
entry or proposed activities in the United States 
the Secretary of State has reasonable ground to 
believe would have potentially serious adverse 
foreign policy consequences for the United 
States is inadmissible. 
‘‘(D) IMMIGRANT MEMBERSHIP IN TOTALI-
TARIAN PARTY.—
‘‘(i) IN
GENERAL.—Any immigrant 
who is or has been a member of or affili-
ated with the Communist or any other to-
talitarian party (or subdivision or affiliate 
thereof), domestic or foreign, is inadmis-
sible. 
‘‘(ii) EXCEPTION
FOR
INVOLUNTARY 
MEMBERSHIP.—Clause (i) shall not apply 
to an alien because of membership or affili-
ation if the alien establishes to the satis-
faction of the consular officer when apply-
ing for a visa (or to the satisfaction of the 
Secretary of Homeland Security when ap-
plying for admission) that the membership 
or affiliation is or was involuntary, or is or 
was solely when under 16 years of age, by 
operation of law, or for purposes of obtain-
ing employment, food rations, or other es-
sentials of living and necessary for such 
purposes. 
‘‘(iii) EXCEPTION FOR PAST MEMBER-
SHIP.—Clause (i) shall not apply to an 
alien because of membership or affiliation 
if the alien establishes to the satisfaction 
of the consular officer when applying for a 
visa (or to the satisfaction of the Secretary 
of Homeland Security when applying for 
admission) that—
‘‘(I) the membership or affiliation 
terminated at least—
‘‘(aa) 2 years before the 
date of such application; or 
‘‘(bb) 5 years before the 
date of such application, in the 
case of an alien whose member-
ship or affiliation was with the 
party controlling the government 
of a foreign state that is a totali-
tarian dictatorship as of such 
date; and 
‘‘(II) the alien is not a threat to 
the security of the United States. 
‘‘(E) PARTICIPANTS
IN
NAZI
PERSECU-
TIONS.—Any alien who, during the period be-
ginning on March 23, 1933, and ending on May 
8, 1945, under the direction of, or in associa-
tion with—
‘‘(i) the Nazi government of Germany; 
‘‘(ii) any government in any area oc-
cupied by the military forces of the Nazi 
government of Germany;
‘‘(iii) any government established with 
the assistance or cooperation of the Nazi 
government of Germany; or 
‘‘(iv) any government which was an 
ally of the Nazi government of Germany, 
ordered, incited, assisted, or otherwise partici-
pated in the persecution of any person because 
of race, religion, national origin, or political 
opinion, is inadmissible. 
‘‘(F) ASSOCIATION WITH TERRORIST ORGA-
NIZATIONS.—Any alien who the Secretary of 
Homeland Security or the Attorney General de-
termines has been associated with a terrorist 
organization and intends while in the United 
States to engage solely, principally, or inciden-
tally in activities that could endanger the wel-
fare, safety, or security of the United States is 
inadmissible.
‘‘(G) 
NATIONAL
SECURITY
CON-
SEQUENCES.—An alien whose entry or proposed 
activities in the United States the Attorney 
General or the Secretary of Homeland Security 
has reasonable grounds to believe would have 
potentially serious adverse consequences for the
national security of the United States is inad-
missible. 
‘‘(H) 
SERIOUS
FOREIGN
CRIMES.—An 
alien whom the Secretary of Homeland Security 
or the Attorney General has reason to believe is 
charged with or has committed a serious crimi-
nal offense (other than a purely political of-
fense) in a country other than the United 
States is inadmissible. 
‘‘(4) PUBLIC CHARGE.—
‘‘(A) IN GENERAL.—Any alien who, in the 
opinion of the consular officer or the Secretary 
of Homeland Security at the time of application 
for a visa, or in the opinion of the Secretary of 
Homeland Security at the time of application 
for admission or adjustment of status, is likely 
at any time to become a public charge is inad-
missible. 
‘‘(B) FACTORS
TO
BE
TAKEN
INTO
AC-
COUNT.—
‘‘(i) IN
GENERAL.—In determining 
whether an alien is inadmissible under this 
paragraph, the consular officer or the Sec-
retary of Homeland Security shall at a 
minimum consider the alien’s—
‘‘(I) age; 
‘‘(II) health; 
‘‘(III) family status; 
‘‘(IV) assets, resources, and fi-
nancial status; and 
‘‘(V) education and skills. 
‘‘(ii) AFFIDAVIT OF SUPPORT.—In ad-
dition to the factors under clause (i), the 
consular officer or the Secretary of Home-
land Security may also consider any affi-
davit of support under section 213A for 
purposes of exclusion under this para-
graph. 
‘‘(C) FAMILY-SPONSORED
IMMIGRANTS.—
Any alien who seeks admission or adjustment of 
status under a visa number issued under sec-
tion 201(b)(2) or 203(a) is inadmissible under 
this paragraph unless—
‘‘(i) the alien has obtained—
‘‘(I) status as a spouse or a child 
of a United States citizen pursuant to 
clause (ii), (iii), or (iv) of section 
204(a)(1)(A); or
‘‘(II) classification pursuant to 
clause 
(ii) 
or 
(iii) 
of 
section 
204(a)(1)(B); or 
‘‘(ii) the person petitioning for the 
alien’s admission (including any additional 
sponsor required under section 213A(f)) 
has executed an affidavit of support de-
scribed in section 213A with respect to 
such alien. 
‘‘(D) CERTAIN EMPLOYMENT-BASED IMMI-
GRANTS.—Any alien who seeks admission or ad-
justment of status under a visa number issued 
under section 203(b) by virtue of a classifica-
tion petition filed by a relative of the alien (or 
by an entity in which such relative has a signifi-
cant ownership interest) is inadmissible under 
this paragraph unless such relative has exe-
cuted an affidavit of support described in sec-
tion 213A with respect to such alien. 
‘‘(5) LABOR
CERTIFICATION
AND
QUALIFICA-
TIONS FOR CERTAIN IMMIGRANTS.—
‘‘(A) LABOR CERTIFICATION.—
‘‘(i) IN
GENERAL.—Any alien who 
seeks to enter the United States for the 
purpose of performing skilled or unskilled
labor is inadmissible, unless the Secretary 
of Labor has determined and certified to 
the Secretary of State and the Secretary of 
Homeland Security that—
‘‘(I) there are not sufficient 
workers who are able, willing, quali-
fied (or equally qualified in the case of 
an alien described in clause (ii)) and 
available at the time of application for 
a visa and admission to the United 
States and at the place where the 
alien is to perform such skilled or un-
skilled labor; and 
‘‘(II) the employment of such 
alien will not adversely affect the 
wages and working conditions of 
workers in the United States similarly 
employed, nor displace a United 
States citizen currently employed by 
the entity requesting labor certifi-
cation. 
‘‘(ii) CERTAIN
ALIENS
SUBJECT
TO 
SPECIAL
RULE.—For purposes of clause 
(i)(I), an alien described in this clause is 
an alien who—
‘‘(I) is a member of the teaching 
profession; or 
‘‘(II) has exceptional ability in 
the sciences or the arts. 
‘‘(iii) PROFESSIONAL ATHLETES.—
‘‘(I) IN
GENERAL.—A certifi-
cation made under clause (i) with re-
spect to a professional athlete shall 
remain valid with respect to the ath-
lete after the athlete changes em-
ployer, if the new employer is a team 
in the same sport as the team which 
employed the athlete when the athlete 
first applied for the certification. 
‘‘(II) 
DEFINITION.—For 
pur-
poses of subclause (I), the term ‘pro-
fessional athlete’ means an individual 
who is employed as an athlete by—
‘‘(aa) a team that is a mem-
ber of an association of 6 or 
more professional sports teams 
whose total combined revenues 
exceed $10,000,000 per year, if 
the association governs the con-
duct of its members and regu-
lates the contests and exhibitions 
in which its member teams regu-
larly engage; or 
‘‘(bb) 
any 
minor 
league 
team that is affiliated with such 
an association. 
‘‘(B) 
UNQUALIFIED
PHYSICIANS.—An 
alien who is a graduate of a medical school not 
accredited by a body or bodies approved for the 
purpose by the Secretary of Education (regard-
less of whether such school of medicine is in the 
United States) and who is coming to the United 
States principally to perform services as a 
member of the medical profession is inadmis-
sible, unless the alien (i) has passed parts I and 
II of the National Board of Medical Examiners 
Examination (or an equivalent examination as 
determined by the Secretary of Health and
Human Services) and (ii) is competent in oral 
and written English. For purposes of the pre-
vious sentence, an alien who is a graduate of 
a medical school shall be considered to have 
passed parts I and II of the National Board 
of Medical Examiners if the alien was fully and 
permanently licensed to practice medicine in a
State on January 9, 1978, and was practicing 
medicine in a State on that date. 
‘‘(C) UNCERTIFIED
FOREIGN
HEALTH-
CARE WORKERS.—Subject to subsection (j), any 
alien who seeks to enter the United States for 
the purpose of performing labor as a health-
care worker, other than a physician, is inadmis-
sible unless the alien presents to the consular 
officer, or, in the case of an adjustment of sta-
tus, the Secretary of Homeland Security, a cer-
tificate from the Commission on Graduates of 
Foreign Nursing Schools, or a certificate from 
an equivalent independent credentialing organi-
zation approved by the Secretary of Homeland 
Security in consultation with the Secretary of 
Health and Human Services, verifying that—
‘‘(i) the alien’s education, training, li-
cense, and experience—
‘‘(I) meet all applicable statutory 
and regulatory requirements for entry 
into the United States under the clas-
sification specified in the application; 
‘‘(II) are comparable with that 
required for an American health-care 
worker of the same type; and
‘‘(III) are authentic and, in the 
case of a license, unencumbered; 
‘‘(ii) the alien has the level of com-
petence in oral and written English consid-
ered by the Secretary of Health and 
Human Services, in consultation with the 
Secretary of Education, to be appropriate 
for health care work of the kind in which 
the alien will be engaged, as shown by an 
appropriate score on one or more nation-
ally recognized, commercially available, 
standardized assessments of the applicant’s 
ability to speak and write; and 
‘‘(iii) if a majority of States licensing 
the profession in which the alien intends to 
work recognize a test predicting the suc-
cess on the profession’s licensing or certifi-
cation examination, the alien has passed 
such a test or has passed such an examina-
tion. 
For purposes of clause (ii), determination of the 
standardized tests required and of the minimum 
scores that are appropriate are within the sole 
discretion of the Secretary of Health and
Human Services and are not subject to further 
administrative or judicial review. 
‘‘(D) APPLICATION
OF
GROUNDS.—The 
grounds for inadmissibility of aliens under sub-
paragraphs (A) and (B) shall apply to immi-
grants seeking admission or adjustment of sta-
tus under paragraph (2) or (3) of section 
203(b). 
‘‘(6) ILLEGAL
ENTRANTS
AND
IMMIGRATION 
VIOLATORS.—
‘‘(A) ALIENS
PRESENT
WITHOUT
ADMIS-
SION OR PAROLE.—
‘‘(i) IN GENERAL.—An alien present 
in the United States without being admit-
ted or paroled, or who arrives in the 
United States at any time or place other 
than as designated by the Secretary of 
Homeland Security is inadmissible. 
‘‘(ii) EXCEPTION FOR CERTAIN BAT-
TERED
WOMEN
AND
CHILDREN.—Clause 
(i) shall not apply to an alien who dem-
onstrates that—
‘‘(I) the alien qualifies for immi-
grant 
status 
under 
subparagraph
(A)(iii), (A)(iv), (B)(ii), or (B)(iii) of 
section 204(a)(1); 
‘‘(II)(aa) the alien has been bat-
tered or subjected to extreme cruelty 
by a spouse or parent, or by a mem-
ber of the spouse’s or parent’s family 
residing in the same household as the 
alien and the spouse or parent con-
sented or acquiesced in such battery 
or cruelty, or 
‘‘(bb) the alien’s child has been 
battered or subjected to extreme cru-
elty by a spouse or parent of the alien 
(without the active participation of 
the alien in the battery or cruelty) or 
by a member of the spouse’s or par-
ent’s family residing in the same 
household as the alien when the 
spouse or parent consented to or ac-
quiesced in such battery or cruelty 
and the alien did not actively partici-
pate in such battery or cruelty; and 
‘‘(III) there was a substantial 
connection between the battery or cru-
elty described in subclause (I) or (II)
and the alien’s unlawful entry into the 
United States. 
‘‘(B) FAILURE TO ATTEND REMOVAL PRO-
CEEDING.—Any alien who without reasonable 
cause fails or refuses to attend or remain in at-
tendance at a proceeding to determine the 
alien’s inadmissibility or deportability and who 
seeks admission to the United States within 5 
years of such alien’s subsequent departure or 
removal is inadmissible. 
‘‘(C) MISREPRESENTATION.—
‘‘(i) IN GENERAL.—Any alien who, by 
fraud or willfully misrepresenting a mate-
rial fact, seeks to procure (or has sought 
to procure or has procured) a visa, other 
documentation, or admission into the 
United States or other benefit provided 
under this Act for himself, herself, or any 
other alien, is inadmissible. 
‘‘(ii) FALSELY
CLAIMING
CITIZEN-
SHIP.—
‘‘(I) IN
GENERAL.—Any alien 
who falsely represents, or has falsely 
represented, himself or herself to be a 
citizen of the United States for any
purpose or benefit under this Act (in-
cluding section 274A) or any other 
Federal or State law is inadmissible. 
‘‘(II) EXCEPTION.—In the case 
of an alien making a representation 
described in subclause (I), if each nat-
ural parent of the alien (or, in the 
case of an adopted alien, each adop-
tive parent of the alien) is or was a 
citizen (whether by birth or natu-
ralization), the alien permanently re-
sided in the United States prior to at-
taining the age of 16, and the alien 
reasonably believed at the time of 
making such representation that he or 
she was a citizen, the alien shall not 
be considered to be inadmissible under 
any provision of this subsection based 
on such representation.
‘‘(D) STOWAWAYS.—Any alien who is a 
stowaway is inadmissible. 
‘‘(E) SMUGGLERS.—
‘‘(i) IN GENERAL.—Any alien who at 
any time knowingly has encouraged, in-
duced, assisted, abetted, or aided any other
alien to enter or to try to enter the United 
States in violation of law is inadmissible. 
‘‘(ii) SPECIAL RULE IN THE CASE OF 
FAMILY REUNIFICATION.—Clause (i) shall 
not apply in the case of an alien who is an 
eligible immigrant (as defined in section 
301(b)(1) of the Immigration Act of 
1990), was physically present in the 
United States on May 5, 1988, and is 
seeking admission as an immediate relative 
or under section 203(a)(2) (including 
under section 112 of the Immigration Act 
of 1990) or benefits under section 301(a) 
of the Immigration Act of 1990 if the 
alien, before May 5, 1988, has encouraged, 
induced, assisted, abetted, or aided only 
the alien’s spouse, parent, son, or daughter 
(and no other individual) to enter the 
United States in violation of law. 
‘‘(iii) 
WAIVER
AUTHORIZED.—For 
provision authorizing waiver of clause (i), 
see subsection (c)(6). 
‘‘(F) SUBJECT
OF
CIVIL
PENALTY.—An 
alien who is the subject of a final order for vio-
lation of section 274C is inadmissible.
‘‘(G) STUDENT VISA ABUSERS.—An alien 
who obtains the status of a nonimmigrant 
under section 101(a)(15)(F)(i) and who violates 
a term or condition of such status under section 
214(l) is inadmissible until the alien has been 
outside the United States for a continuous pe-
riod of 5 years after the date of the violation. 
‘‘(H) CHANGE
OF
ADDRESS.—An alien 
who has failed to comply with section 262 is in-
admissible, unless the alien establishes to the 
satisfaction of the Secretary of Homeland Secu-
rity that such failure was reasonably excusable 
or was not willful. 
‘‘(7) DOCUMENTATION REQUIREMENTS.—
‘‘(A) IMMIGRANTS.—
‘‘(i) IN GENERAL.—Except as other-
wise specifically provided in this Act, any 
immigrant at the time of application for 
admission—
‘‘(I) who is not in possession of a 
valid unexpired immigrant visa, re-
entry permit, border crossing identi-
fication card, or other valid entry doc-
ument required by this Act, and a 
valid unexpired passport, or other
suitable travel document, or document 
of identity and nationality if such doc-
ument is required under the regula-
tions issued by the Secretary of 
Homeland 
Security 
under 
section 
211(a); or 
‘‘(II) whose visa has been issued 
without compliance with the provi-
sions of section 203, 
is inadmissible. 
‘‘(ii) WAIVER AUTHORIZED.—For pro-
vision authorizing waiver of clause (i), see 
subsection (g). 
‘‘(B) NONIMMIGRANTS.—
‘‘(i) 
IN
GENERAL.—Any 
non-
immigrant who—
‘‘(I) is not in possession of a 
passport valid for a minimum of six 
months from the date of the expira-
tion of the initial period of the alien’s 
admission or contemplated initial pe-
riod of stay authorizing the alien to 
return to the country from which the 
alien came or to proceed to and enter
some other country during such pe-
riod; or 
‘‘(II) is not in possession of a 
valid nonimmigrant visa or border 
crossing identification card at the 
time of application for admission, 
is inadmissible. 
‘‘(ii) 
GENERAL
WAIVER
AUTHOR-
IZED.—For provision authorizing waiver of 
clause (i), see subsection (c)(2). 
‘‘(8) INELIGIBLE FOR CITIZENSHIP.—
‘‘(A) IN GENERAL.—Any immigrant who is 
permanently ineligible to citizenship is inadmis-
sible. 
‘‘(B) DRAFT EVADERS.—Any person who 
has departed from or who has remained outside 
the United States to avoid or evade training or 
service in the armed forces in time of war or a 
period declared by the President to be a na-
tional emergency is inadmissible, except that 
this subparagraph shall not apply to an alien 
who at the time of such departure was a non-
immigrant and who is seeking to reenter the 
United States as a nonimmigrant. 
‘‘(9) ALIENS PREVIOUSLY REMOVED.—
‘‘(A) CERTAIN
ALIENS
PREVIOUSLY
RE-
MOVED.—
‘‘(i) ARRIVING
ALIENS.—Any alien 
who has been ordered removed under sec-
tion 235(b)(1) or at the end of proceedings 
under section 240 initiated upon the 
alien’s arrival in the United States and 
who again seeks admission within 5 years 
of the date of such removal (or within 20 
years in the case of a second or subsequent 
removal or at any time in the case of an 
alien convicted of an aggravated felony) is 
inadmissible. 
‘‘(ii) OTHER ALIENS.—Any alien not 
described in clause (i) who—
‘‘(I) has been ordered removed 
under section 240 or any other provi-
sion of law; or 
‘‘(II) departed the United States 
while an order of removal was out-
standing, 
and who seeks admission within 10 years 
of the date of such alien’s departure or re-
moval (or within 20 years of such date in 
the case of a second or subsequent removal
or at any time in the case of an alien con-
victed of an aggravated felony) is inadmis-
sible. 
‘‘(B) ALIENS UNLAWFULLY PRESENT.—
‘‘(i) IN GENERAL.—Any alien (other 
than an alien lawfully admitted for perma-
nent residence) who—
‘‘(I) was unlawfully present in 
the United States for a period of more 
than 180 days but less than 1 year, 
voluntarily departed the United States 
(whether or not pursuant to section 
244(e)) prior to the commencement of 
proceedings under section 235(b)(1) 
or section 240, and again seeks ad-
mission within 3 years of the date of 
such alien’s departure or removal; or
‘‘(II) has been unlawfully present 
in the United States for one year or 
more, and who again seeks admission 
within 10 years of the date of such 
alien’s departure or removal from the 
United States, 
is inadmissible.
‘‘(ii) CONSTRUCTION
OF
UNLAWFUL 
PRESENCE.—For purposes of this para-
graph, an alien is deemed to be unlawfully 
present in the United States if the alien is 
present in the United States after the expi-
ration of the period of stay authorized by 
the Secretary of Homeland Security or is 
present in the United States without being 
admitted or paroled. 
‘‘(iii) EXCEPTIONS.—
‘‘(I) MINORS.—No period of time 
in which an alien is under 18 years of 
age shall be taken into account in de-
termining the period of unlawful pres-
ence in the United States under 
clause (i). 
‘‘(II) ASYLEES.—No period of 
time in which an alien has a bona fide 
application for asylum pending under 
section 208 shall be taken into ac-
count in determining the period of un-
lawful presence in the United States 
under clause (i) unless the alien dur-
ing such period was employed without 
authorization in the United States.
‘‘(III) FAMILY
UNITY.—No pe-
riod of time in which the alien is a 
beneficiary of family unity protection 
pursuant to section 301 of the Immi-
gration Act of 1990 shall be taken 
into account in determining the period 
of unlawful presence in the United 
States under clause (i). 
‘‘(IV) BATTERED
WOMEN
AND 
CHILDREN.—Clause (i) shall not apply 
to an alien who would be described in 
paragraph (6)(A)(ii) if ‘violation of 
the terms of the alien’s nonimmigrant 
visa’ were substituted for ‘unlawful 
entry into the United States’ in sub-
clause (III) of that paragraph. 
‘‘(iv) TOLLING FOR GOOD CAUSE.—In 
the case of an alien who—
‘‘(I) has been lawfully admitted 
or paroled into the United States; 
‘‘(II) has filed a nonfrivolous ap-
plication for a change or extension of 
status before the date of expiration of 
the period of stay authorized by the 
Secretary of Homeland Security; and
‘‘(III) has not been employed 
without authorization in the United 
States before or during the pendency 
of such application, 
the calculation of the period of time speci-
fied in clause (i)(I) shall be tolled during 
the pendency of such application, but not 
to exceed 120 days. 
‘‘(C) 
ALIENS
UNLAWFULLY
PRESENT 
AFTER PREVIOUS IMMIGRATION VIOLATIONS.—
‘‘(i) IN GENERAL.—Any alien who—
‘‘(I) has been unlawfully present 
in the United States for an aggregate 
period of more than 1 year; or 
‘‘(II) has been ordered removed 
under section 235(b)(1), section 240, 
or any other provision of law, 
and who enters or attempts to reenter the 
United States without being admitted is 
inadmissible. 
‘‘(ii) EXCEPTION.—Clause (i) shall 
not apply to an alien seeking admission 
more than 10 years after the date of the 
alien’s last departure from the United 
States if, prior to the alien’s reembar-
kation at a place outside the United States 
or attempt to be readmitted from a foreign 
contiguous territory, the Secretary of 
Homeland Security has consented to the 
alien’s reapplying for admission. The Sec-
retary of Homeland Security in the Sec-
retary’s discretion may waive the provi-
sions of section 212(a)(9)(C)(i) in the case 
of an alien to whom the Secretary has 
granted classification under clause (iii), 
(iv), or (v) of section 204(a)(1)(A), or clas-
sification under clause (ii), (iii), or (iv) of 
section 204(a)(1)(B), in any case in which 
there is a direct connection between—
‘‘(I) the alien’s having been bat-
tered or subjected to extreme cruelty; 
and 
‘‘(II) the alien’s—
‘‘(aa) removal; 
‘‘(bb) departure from the 
United States; 
‘‘(cc) reentry or reentries 
into the United States; or 
‘‘(dd) attempted reentry into 
the United States.
‘‘(10) MISCELLANEOUS.—
‘‘(A) PRACTICING POLYGAMISTS.—Any im-
migrant who is coming to the United States to 
practice polygamy is inadmissible. 
‘‘(B) GUARDIAN REQUIRED TO ACCOMPANY 
HELPLESS ALIEN.—Any alien—
‘‘(i) who is accompanying another 
alien who is inadmissible and who is cer-
tified to be helpless from sickness, mental 
or physical disability, or infancy pursuant 
to section 232(c); and 
‘‘(ii) whose protection or guardianship 
is determined to be required by the alien 
described in clause (i), 
is inadmissible. 
‘‘(C) 
INTERNATIONAL
CHILD
ABDUC-
TION.—
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), any alien who, after 
entry of an order by a court in the United 
States granting custody to a person of a 
United States citizen child who detains or 
retains the child, or withholds custody of 
the child, outside the United States from 
the person granted custody by that order,
is inadmissible until the child is surren-
dered to the person granted custody by 
that order. 
‘‘(ii) ALIENS SUPPORTING ABDUCTORS 
AND
RELATIVES
OF
ABDUCTORS.—Any 
alien who— 
‘‘(I) is known by the Secretary of 
State to have intentionally assisted an 
alien in the conduct described in 
clause (i); 
‘‘(II) is known by the Secretary 
of State to be intentionally providing 
material support or safe haven to an 
alien described in clause (i); or 
‘‘(III) is a spouse (other than the 
spouse who is the parent of the ab-
ducted child), child (other than the
abducted child), parent, sibling, or 
agent of an alien described in clause 
(i), if such person has been designated 
by the Secretary of State at the Sec-
retary’s sole and unreviewable discre-
tion, is inadmissible until the child de-
scribed in clause (i) is surrendered to 
the person granted custody by the
order described in that clause, and 
such person and child are permitted 
to return to the United States or such 
person’s place of residence. 
‘‘(iii) EXCEPTIONS.—Clauses (i) and 
(ii) shall not apply— 
‘‘(I) to a government official of 
the United States who is acting within 
the scope of his or her official duties; 
‘‘(II) to a government official of 
any foreign government if the official 
has been designated by the Secretary 
of State at the Secretary’s sole and 
unreviewable discretion; or 
‘‘(III) so long as the child is lo-
cated in a foreign state that is a party 
to the Convention on the Civil Aspects 
of 
International 
Child 
Abduction, 
done at The Hague on October 25, 
1980. 
‘‘(D) UNLAWFUL VOTERS.—
‘‘(i) IN GENERAL.—Any alien who has 
voted in violation of any Federal, State, or 
local constitutional provision, statute, ordi-
nance, or regulation is inadmissible.
‘‘(ii) EXCEPTION.—In the case of an 
alien who voted in a Federal, State, or 
local election (including an initiative, re-
call, or referendum) in violation of a lawful 
restriction of voting to citizens, if each nat-
ural parent of the alien (or, in the case of 
an adopted alien, each adoptive parent of 
the alien) is or was a citizen (whether by 
birth or naturalization), the alien perma-
nently resided in the United States prior to 
attaining the age of 16, and the alien rea-
sonably believed at the time of such viola-
tion that he or she was a citizen, the alien 
shall not be considered to be inadmissible 
under any provision of this subsection 
based on such violation. 
‘‘(E) FORMER CITIZENS WHO RENOUNCED 
CITIZENSHIP.—Any alien who is a former cit-
izen of the United States who officially re-
nounced United States citizenship is inadmis-
sible. 
‘‘(b) NOTICES OF DENIALS.—
‘‘(1) IN GENERAL.— Subject to paragraphs (2) 
and (3), if an alien’s application for a visa, for ad-
mission to the United States, or for adjustment of
status is denied by an immigration or consular offi-
cer because the officer determines the alien to be in-
admissible under subsection (a), the officer shall 
provide the alien with a timely written notice that—
‘‘(A) states the determination; and 
‘‘(B) lists the specific provision or provi-
sions of law under which the alien is excludable 
or ineligible for entry or adjustment of status. 
‘‘(2) WAIVER.—The Secretary of State or the 
Secretary of Homeland Security may waive the re-
quirements of paragraph (1) with respect to a par-
ticular alien or any class or classes of inadmissible 
aliens. 
‘‘(3) INAPPLICABILITY.—Paragraph (1) does 
not apply to any alien inadmissible under paragraph 
(2) or (3) of subsection (a). 
‘‘(c) SPECIAL RULES.—
‘‘(1) ‘S’ NONIMMIGRANTS.—The Secretary of 
Homeland Security shall determine whether a 
ground for inadmissibility exists with respect to a 
nonimmigrant described in section 101(a)(15)(S). 
The Secretary, in the Secretary’s discretion, may 
waive the application of subsection (a) (other than 
paragraph (3)(E)) in the case of a nonimmigrant de-
scribed in section 101(a)(15)(S), if the Attorney
General considers it to be in the national interest to 
do so. Nothing in this section shall be regarded as 
prohibiting the Secretary from instituting removal 
proceedings against an alien admitted as a non-
immigrant under section 101(a)(15)(S) for conduct 
committed after the alien’s admission into the 
United States, or for conduct or a condition that 
was not disclosed to the Secretary prior to the 
alien’s admission as a nonimmigrant under section 
101(a)(15)(S). 
‘‘(2) DOCUMENTARY REQUIREMENTS FOR NON-
IMMIGRANTS.—Either or both of the requirements of 
subsection (a)(7)(B)(i) may be waived by the Sec-
retary of Homeland Security and the Secretary of 
State acting jointly—
‘‘(A) on the basis of unforeseen emergency 
in individual cases; or 
‘‘(B) in the case of aliens proceeding in im-
mediate and continuous transit through the 
United States under contracts authorized in 
section 238(c). 
‘‘(3) PAROLE.—
‘‘(A) IN
GENERAL.—The Secretary of 
Homeland Security may, except as provided in 
subparagraph (B) or in section 214(f), in the
discretion of the Secretary, parole into the 
United States a Cuban or Iraqi national or, in 
the case of nationals of other countries, tempo-
rarily under such conditions as the Secretary 
may prescribe only on a case-by-case basis for 
urgent humanitarian reasons or significant law 
enforcement reasons any alien applying for ad-
mission to the United States, but such parole 
shall not be regarded as an admission of the 
alien and when the purposes of such parole 
shall, in the opinion of the Secretary, have been 
served the alien shall forthwith return or be re-
turned to the custody from which the alien was 
paroled and thereafter the case shall continue 
to be dealt with in the same manner as that of 
any other applicant for admission to the United 
States. Parole on a temporary basis cannot ex-
ceed 120 days, unless for a significant law en-
forcement reason. The Secretary may not pa-
role into the United States an alien for urgent 
humanitarian reasons if the alien is inadmis-
sible under paragraph (2), (3), or (9) of sub-
section (a). 
‘‘(B) 
REFUGEES.—The 
Secretary 
of 
Homeland Security may not parole into the
United States an alien who is a refugee unless 
the Secretary determines that compelling rea-
sons in the public interest with respect to that 
particular alien require that the alien be pa-
roled into the United States rather than be ad-
mitted as a refugee under section 207. 
‘‘(4) ALIENS ENTERING FROM GUAM, PUERTO 
RICO, OR THE VIRGIN ISLANDS.—The provisions of 
subsection (a) (other than paragraph (7)) shall be 
applicable to any alien who shall leave Guam, Puerto 
Rico, or the Virgin Islands of the United States, and 
who seeks to enter the continental United States or 
any other place under the jurisdiction of the United 
States. Any alien described in this paragraph, who 
is denied admission to the United States, shall be
immediately removed in the manner provided by sec-
tion 241(c) of this Act. 
‘‘(5) 
FOREIGN
GOVERNMENT
OFFICIALS.—
Upon a basis of reciprocity accredited officials of 
foreign governments, their immediate families, at-
tendants, servants, and personal employees may be 
admitted in immediate and continuous transit 
through the United States without regard to the 
provisions of this section except paragraphs (3)(A),
(3)(B), (3)(C), and (7)(B) of subsection (a) of this 
section. 
‘‘(6) SMUGGLERS.—The Secretary may, in the 
discretion of the Secretary for urgent humanitarian 
reasons, waive application of subsection (a)(6)(E)(i) 
in the case of any alien lawfully admitted for perma-
nent residence who temporarily proceeded abroad 
voluntarily and not under an order of removal, and 
who is otherwise admissible to the United States as 
a returning resident under section 211(b) if the 
alien has encouraged, induced, assisted, abetted, or 
aided only an individual who at the time of such ac-
tion was the alien’s spouse, parent, son, or daughter 
(and no other individual) to enter the United States 
in violation of law. 
‘‘(7) ‘T’ NONIMMIGRANTS.—
‘‘(A) DETERMINATION.—The Secretary of 
Homeland Security shall determine whether a 
ground for inadmissibility exists with respect to 
a 
nonimmigrant 
described 
in 
section 
101(a)(15)(T). 
‘‘(B) WAIVER.—In addition to any other 
waiver that may be available under this section, 
in the case of a nonimmigrant described in sec-
tion 101(a)(15)(T), if the Secretary of Home-
land Security considers it to be in the national 
interest to do so, the Secretary, in the Sec-
retary’s discretion, may waive the application 
of—
‘‘(i) paragraphs (1) and (4) of sub-
section (a); and 
‘‘(ii) any other provision of such sub-
section (excluding paragraphs (2), (3), (8), 
(9)(A), (10)(C), (10)(D), and (10)(E)) if 
the activities rendering the alien inadmis-
sible under the provision were caused by 
the victimization described in section 
101(a)(15)(T)(i)(I). 
‘‘(8) ‘U’ NONIMMIGRANTS.—
‘‘(A) DETERMINATION.—The Secretary of 
Homeland Security shall determine whether a 
ground for inadmissibility exists with respect to 
a 
nonimmigrant 
described 
in 
section 
101(a)(15)(U). 
‘‘(B) WAIVER.—In addition to any other 
waiver that may be available under this section, 
in the case of a nonimmigrant described in sec-
tion 101(a)(15)(U), if the Secretary of Home-
land Security considers it to be in the national 
interest to do so, the Secretary, in the Sec-
retary’s discretion, may waive the application 
of—
‘‘(i) paragraphs (1) and (4) of sub-
section (a); and 
‘‘(ii) any other provision of such sub-
section (excluding paragraphs (2), (3), (8), 
(9)(A), (10)(C), (10)(D), and (10)(E)) if 
the activities rendering the alien inadmis-
sible under the provision were caused by 
the criminal activity described in section 
101(a)(15)(U)(iii). 
‘‘(d) SUSPENSION OF ENTRY.—Whenever the Presi-
dent finds that the entry of any aliens or of any class of 
aliens into the United States would be detrimental to the 
interests of the United States, the President may by proc-
lamation, and for such period as the President shall deem 
necessary, suspend the entry of all aliens or any class of 
aliens as immigrants or nonimmigrants, or impose on the 
entry of aliens any restrictions the President may deem 
to be appropriate. Whenever the Secretary of Homeland 
Security finds that a commercial airline has failed to com-
ply with regulations of the Secretary relating to require-
ments of airlines for the detection of fraudulent documents 
used by passengers traveling to the United States (includ-
ing the training of personnel in such detection), the Sec-
retary may suspend the entry of some or all aliens trans-
ported to the United States by such airline. 
‘‘(e) WAIVERS OF HEALTH-RELATED GROUNDS.—
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security may waive the application of—
‘‘(A) subsection (a)(1)(A)(i) in the case of 
any alien who—
‘‘(i) is the spouse or the unmarried 
son or daughter, or the minor unmarried 
lawfully adopted child, of a United States 
citizen, or of an alien lawfully admitted for 
permanent residence, or of an alien who 
has been issued an immigrant visa; 
‘‘(ii) has a son or daughter who is a 
United States citizen, or an alien lawfully 
admitted for permanent residence, or an 
alien who has been issued an immigrant 
visa; or 
‘‘(iii) qualifies for classification under 
clause (iii) or (iv) of section 204(a)(1)(A) 
or classification under clause (ii) or (iii) of 
section 204(a)(1)(B); 
in accordance with such terms, conditions, and 
controls, if any, including the giving of bond, as 
the Secretary of Homeland Security, in the dis-
cretion of such Secretary after consultation 
with the Secretary of Health and Human Serv-
ices, may by regulation prescribe; 
‘‘(B) subsection (a)(1)(A)(ii) in the case of 
any alien—
‘‘(i) who receives vaccination against 
the vaccine-preventable disease or diseases 
for which the alien has failed to present 
documentation of previous vaccination; 
‘‘(ii) for whom a civil surgeon, medical 
officer, or panel physician (as those terms 
are defined by section 34.2 of title 42, 
Code of Federal Regulations) certifies, ac-
cording to such regulations as the Sec-
retary of Health and Human Services may 
prescribe, that such vaccination would not 
be medically appropriate; or 
‘‘(iii) under such circumstances as the 
Secretary of Homeland Security provides 
by regulation, with respect to whom the re-
quirement of such a vaccination would be 
contrary to the alien’s religious beliefs or 
moral convictions; or 
‘‘(C) subsection (a)(1)(A)(iii) in the case of 
any alien, in accordance with such terms, condi-
tions, and controls, if any, including the giving 
of bond, as the Secretary of Homeland Secu-
rity, in the discretion of such Secretary after 
consultation with the Secretary of Health and 
Human Services, may by regulation prescribe. 
‘‘(2) CERTIFICATE OF INSURANCE.—A waiver 
shall not be granted under this subsection unless the 
applicant has presented to the Secretary of Home-
land Security a valid certificate of insurance cov-
ering all medical and hospital expenses that might 
be incurred during the period such alien has been 
admitted to the United States. 
‘‘(f) 
WAIVERS
OF
CRIMINAL
AND
RELATED 
GROUNDS.—The Secretary of Homeland Security may, in 
the discretion of the Secretary, waive the application of
subparagraphs (A)(i)(I), (B), (D), and (E) of subsection 
(a)(2) and subparagraph (A)(i)(II) of such subsection in-
sofar as it relates to a single offense of simple possession 
of 30 grams or less of marijuana if—
‘‘(1)(A) in the case of any immigrant, it is es-
tablished to the satisfaction of the Secretary of 
Homeland Security that—
‘‘(i) the alien is inadmissible only under 
subparagraph (D)(i) or (D)(ii) of such sub-
section or the activities for which the alien is
inadmissible occurred more than 15 years be-
fore the date of the alien’s application for a 
visa, admission, or adjustment of status; 
‘‘(ii) the admission to the United States of 
such alien would not be contrary to the national 
welfare, safety, or security of the United States; 
and 
‘‘(iii) the alien has been rehabilitated; or 
‘‘(B) in the case of an immigrant who is the 
spouse, parent, son, or daughter of a citizen of the 
United States or an alien lawfully admitted for per-
manent residence, if it is established to the satisfac-
tion of the Secretary that the alien’s denial of ad-
mission would result in exceptional and extremely 
unusual hardship to the United States citizen or 
lawfully resident spouse, parent, son, or daughter of 
such alien; and 
‘‘(2) the Secretary, in the discretion of the Sec-
retary, and pursuant to such terms, conditions, and 
procedures as the Secretary may by regulations pre-
scribe, has consented to the alien’s applying or re-
applying for a visa, for admission to the United 
States, or adjustment of status. 
No waiver shall be provided under this subsection in the 
case of an alien who has been convicted of (or who has
admitted committing acts that constitute) murder or 
criminal acts involving torture, or an attempt or con-
spiracy to commit murder or a criminal act involving tor-
ture. No waiver shall be granted under this subsection in 
the case of an alien who has previously been admitted to 
the United States as an alien lawfully admitted for perma-
nent residence if either since the date of such admission 
the alien has been convicted of an aggravated felony or 
the alien has not lawfully resided continuously in the 
United States for a period of not less than 7 years imme-
diately preceding the date of initiation of proceedings to 
remove the alien from the United States. No waiver shall 
be granted under this subsection in the case of any alien 
who is present in the United States after the expiration 
of the period of stay authorized by the Secretary of Home-
land Security or is present in the United States without 
being admitted or paroled if either the alien has been con-
victed of an aggravated felony committed in the United 
States or the alien has not resided continuously in the 
United States for a period of not less than 7 years imme-
diately preceding the date of initiation of proceedings to 
remove the alien from the United States. No court shall 
have jurisdiction to review a decision of the Secretary of 
Homeland Security to grant or deny a waiver under this 
subsection.
‘‘(g) ALIENS HAVING IMMIGRANT VISAS.—Any alien, 
inadmissible to the United States under paragraph (5)(A) 
or (7)(A)(i) of subsection (a), who is in possession of an 
immigrant visa may, if otherwise admissible, be admitted 
in the discretion of the Secretary of Homeland if the Sec-
retary is satisfied that inadmissibility was not known to, 
and could not have been ascertained by the exercise of rea-
sonable diligence by, the immigrant before the time of de-
parture of the vessel or aircraft from the last port outside 
the United States and outside foreign contiguous territory 
or, in the case of an immigrant coming from foreign con-
tiguous territory, before the time of the immigrant’s appli-
cation for admission. 
‘‘(h) WAIVER OF DOCUMENTATION REQUIREMENTS 
FOR NONIMMIGRANTS.—
‘‘(1) IN GENERAL.—The requirement of sub-
section (a)(7)(B)(i) may be waived by the Secretary 
of Homeland Security, the Secretary of State, and 
the Secretary of the Interior, acting jointly, in the 
case of an alien applying for admission as a non-
immigrant visitor for business or pleasure and solely 
for entry into and stay on Guam for a period not to 
exceed fifteen days, if the Secretary of Homeland 
Security, the Secretary of State and the Secretary of
the Interior, after consultation with the Governor of 
Guam, jointly determine that—
‘‘(A) an adequate arrival and departure 
control system has been developed on Guam; 
and 
‘‘(B) such a waiver does not represent a 
threat to the welfare, safety, or security of the 
United States or its territories and common-
wealths. 
‘‘(2) LIMITATION.—An alien may not be pro-
vided a waiver under this subsection unless the alien 
has waived any right—
‘‘(A) to review or appeal under this Act of 
an immigration officer’s determination as to the 
admissibility of the alien at the port of entry 
into Guam; or 
‘‘(B) to contest, other than on the basis of 
an application for asylum, any action for re-
moval of the alien. 
‘‘(i) CONDITIONS ON RECEIPT OF IMMIGRANT VISAS 
FOLLOWING DEPARTURE.—An alien who has been phys-
ically present in the United States shall not be eligible to 
receive an immigrant visa within ninety days following de-
parture therefrom unless—
‘‘(1) the alien was maintaining a lawful non-
immigrant status at the time of such departure; or 
‘‘(2) the alien is the spouse or unmarried child 
of an individual who obtained temporary or perma-
nent resident status under section 210 or 245A of 
the Immigration and Nationality Act or section 202 
of the Immigration Reform and Control Act of 1986 
at any date, who—
‘‘(A) as of May 5, 1988, was the unmar-
ried child or spouse of the individual who ob-
tained temporary or permanent resident status 
under section 210 or 245A of the Immigration 
and Nationality Act or section 202 of the Immi-
gration Reform and Control Act of 1986; 
‘‘(B) entered the United States before May 
5, 1988, resided in the United States on May 
5, 1988, and is not a lawful permanent resi-
dent; and 
‘‘(C) applied for benefits under section 
301(a) of the Immigration Act of 1990. 
‘‘(j) UNCERTIFIED FOREIGN HEALTH-CARE WORK-
ERS.—Subsection (a)(5)(C) shall not apply to an alien 
who seeks to enter the United States for the purpose of 
performing labor as a nurse who presents to the consular 
officer (or in the case of an adjustment of status, the Sec-
retary of Homeland Security) a certified statement from 
the Commission on Graduates of Foreign Nursing Schools 
(or an equivalent independent credentialing organization 
approved for the certification of nurses under subsection 
(a)(5)(C) by the Secretary of Homeland Security in con-
sultation with the Secretary of Health and Human Serv-
ices) that—
‘‘(1) the alien has a valid and unrestricted li-
cense as a nurse in a State where the alien intends 
to be employed and such State verifies that the for-
eign licenses of alien nurses are authentic and 
unencumbered; 
‘‘(2) the alien has passed the National Council 
Licensure Examination (NCLEX); 
‘‘(3) the alien is a graduate of a nursing pro-
gram—
‘‘(A) in which the language of instruction 
was English; 
‘‘(B) located in a country—
‘‘(i) designated by such commission 
not later than 30 days after the date of the 
enactment of the Nursing Relief for Dis-
advantaged Areas Act of 1999, based on 
such commission’s assessment that the 
quality of nursing education in that coun-
try, and the English language proficiency 
of those who complete such programs in 
that country, justify the country’s designa-
tion; or 
‘‘(ii) designated on the basis of such 
an assessment by unanimous agreement of 
such 
commission 
and 
any 
equivalent 
credentialing organizations which have 
been approved under subsection (a)(5)(C) 
for the certification of nurses under this 
subsection; and 
‘‘(C)(i) which was in operation on or before 
the date of the enactment of the Nursing Relief 
for Disadvantaged Areas Act of 1999; or 
‘‘(ii) has been approved by unanimous 
agreement of such commission and any equiva-
lent credentialing organizations which have 
been approved under subsection (a)(5)(C) for 
the certification of nurses under this subsection. 
‘‘(k) PUBLIC CHARGE GROUND FOR FAMILY-SPON-
SORED IMMIGRANTS.—In determining whether an alien 
described in subsection (a)(4)(C)(i) is inadmissible under 
subsection (a)(4) or ineligible to receive an immigrant visa 
or otherwise to adjust to the status of permanent resident 
by reason of subsection (a)(4), the consular officer or the
Secretary of Homeland Security shall not consider any 
benefits the alien may have received that were authorized 
under section 501 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 
1641(c)).’’.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) The following provisions of the Immigration 
and Nationality Act are amended by striking 
‘‘212(e)’’ and inserting ‘‘222(h)’’: 
(A) Paragraphs (1), (2)(A), and (3) of sec-
tion 214(l). 
(B) Paragraphs (2) and (3)(B) of section 
240A(c). 
(C) Section 245A(a)(2)(C). 
(D) Section 248(3). 
(2) Section 214 (8 U.S.C. 1202) is amended—
(A) by redesignating subsection (p) (as 
added by the Departments of Commerce, Jus-
tice, and State, the Judiciary, and Related 
Agencies Appropriations Act, 2001, as enacted 
into law by Public Law 106–553) as subsection 
(r); 
(B) by redesignating the second subsection 
(o) (as added by the Departments of Com-
merce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 2001, as 
enacted into law by Public Law 106–553) as 
subsection (q); 
(C) by redesignating the first subsection 
(o) as subsection (p); 
(D) by redesignating subsection (n) as sub-
section (o); and 
(E) by redesignating the second subsection 
(m) as subsection (n). 
(3) Section 101(a) is amended—
(A) in paragraph (13)(B), by striking 
‘‘212(d)(5)’’ and inserting ‘‘212(c)(3)’’; 
(B) in paragraph (13)(C)(v), by striking 
‘‘212(h)’’ and inserting ‘‘212(f)’’; 
(C) in paragraph (15)(H)—
(i) by striking ‘‘212(j)(2)’’ and insert-
ing ‘‘214(s)(2)’’; 
(ii) by striking ‘‘212(n)(1)’’ and in-
serting ‘‘214(u)(1)’’; 
(iii) by striking ‘‘212(m)(1)’’ and in-
serting ‘‘214(t)(1)’’; 
(iv) by striking ‘‘212(m)(2)’’ and in-
serting ‘‘214(t)(2)’’; and 
(v) by striking ‘‘212(m)(6)’’ and in-
serting ‘‘214(t)(6)’’;
(D) in paragraph (15)(J), by striking 
‘‘212(j)’’ and inserting ‘‘214(s)’’; 
(E) in paragraph (15)(K), by striking ‘‘(p) 
of section 214’’ and inserting ‘‘(r) of section 
214’’; 
(F) in paragraph (15)(T)(i), by striking 
‘‘214(n)’’ and inserting ‘‘214(o)’’; 
(G) in paragraph (15)(U)(i), by striking 
‘‘214(o)’’ and inserting ‘‘214(p)’’; and 
(H) in paragraph (15)(V), by striking 
‘‘214(o)’’ and inserting ‘‘214(q)’’. 
(4) Section 201(c)(4) is amended by striking 
‘‘212(d)(5)’’ and inserting ‘‘212(c)(3)’’. 
(5) Section 214(a)(1) is amended by striking 
‘‘212(l)’’ and inserting ‘‘212(h)’’. 
(6) Section 214(e)(5) is amended—
(A) by striking ‘‘212(m)’’ both places it 
appears and inserting ‘‘214(t)’’; and 
(B) by striking ‘‘212(n)’’ and inserting 
‘‘214(u)’’. 
(7) Section 214(f)(2)(A) is amended by striking 
‘‘212(d)(5)’’ and inserting ‘‘212(c)(3)’’. 
(8) Section 216(f) is amended by striking ‘‘sub-
section (h) or (i) of section 212’’ and inserting ‘‘sec-
tion 212(f)’’.
(9) Section 237(a)(1)(C)(ii) is amended by 
striking ‘‘212(g)’’ and inserting ‘‘212(e)’’. 
(10) Section 240A(b)(4) is amended by striking 
‘‘212(d)(5)’’ and inserting ‘‘212(c)(3)’’. 
(11) Section 242(a)(2)(B)(i) is amended by 
striking ‘‘212(h), 212(i),’’ and inserting ‘‘212(f),’’. 
(12) Section 245(c) is amended—
(A) by striking ‘‘212(d)(4)(C)’’ and insert-
ing ‘‘212(c)(2)(C)’’; and 
(B) by striking ‘‘212(l)’’ and inserting 
‘‘212(h)’’. 
(13) Section 248 is amended by striking ‘‘(or 
whose inadmissibility under such section is waived 
under section 212(a)(9)(B)(v))’’ in the matter pre-
ceding paragraph (1). 
(14) Section 248(4) is amended by striking 
‘‘212(l)’’ and inserting ‘‘212(h)’’. 
(15) Section 252(a) is amended by striking 
‘‘212(d)(3), 
section 
212(d)(5),’’ 
and 
inserting 
‘‘212(c)(3),’’. 
(16) Paragraphs (2) and (3) of section 254(a) 
are each amended by striking ‘‘212(d)(5)’’ and in-
serting ‘‘212(c)(3)’’. 
(17) Section 286(s)(6) is amended—
(A) by striking ‘‘212(n)(1)’’ each place it 
appears and inserting ‘‘214(u)(1)’’; and 
(B) by striking ‘‘212(n)(2)’’ both places it 
appears and inserting ‘‘214(u)(2)’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect of the date of the enactment 
of this Act and shall apply to acts undertaken, and condi-
tions existing, before, on, or after such date.
SEC. 205. PROTECTION OF U.S. SPECIALTY WORKERS. 
Section 214(u) of the Immigration and Nationality 
Act (8 U.S.C. 1184(u)), as so redesignated by this Act, 
is further amended as follows: 
(1) Paragraph (1)(E) is amended—
(A) by striking ‘‘(E)(i) In the case of an 
application described in clause (ii),’’ and insert-
ing ‘‘(E)’’; and
(B) by striking clause (ii). 
(2) Paragraph (1)(F) is amended by striking 
‘‘In the case of an application described in subpara-
graph (E)(ii), the’’ and inserting ‘‘The’’. 
(3) Paragraph (1)(G) is amended—
(A) by striking ‘‘(G)(i) In the case of an 
application described in subparagraph (E)(ii), 
subject to clause (ii),’’ and inserting ‘‘(G)’’; and 
(B) by striking clause (ii);
(4) Paragraph (1) is amended in the matter fol-
lowing subparagraph (G)—
(A) by amending the 5th sentence to read 
as follows: ‘‘The Secretary of Labor shall review 
such an application for completeness and accu-
racy.’’; and 
(B) in the 6th sentence, by striking ‘‘obvi-
ously’’. 
(5) Paragraph (2)(C)(i) is amended by striking 
‘‘paragraph (1)(B), (1)(E), or (1)(F), a substantial 
failure to meet a condition of paragraph (1)(C), 
(1)(D), or (1)(G)(i)(I),’’ and inserting ‘‘paragraph 
(1),’’. 
(6) Paragraph (2)(E) is amended to read as 
follows: ‘‘If an employer places an H–1B non-
immigrant with a second employer whom the em-
ployer knows or had reason to know has ever dis-
placed a United States worker during a period de-
scribed in paragraph (1)(F), such displacement shall 
be considered to be a failure to meet a condition 
specified in an application submitted under para-
graph (1).’’. 
(7) Paragraphs (3) and (5) are repealed. 
SEC. 206. ANTIFRAUD FEE. 
(a) IMPOSITION OF FEE.—
(1) IN GENERAL.—Chapter 9 of title II of the 
Immigration and Nationality Act (8 U.S.C. 1351 et 
seq.) is amended by inserting after section 281 the 
following: 
‘‘ANTIFRAUD FEE 
‘‘SEC. 281A. (a) IN GENERAL.—In addition to any 
other fees authorized by law, the Secretary of Homeland 
Security shall impose an antifraud fee on a petitioner fil-
ing a petition for classification under section 204, or a 
petition for an alien’s status as a nonimmigrant under sec-
tion 101(a)(15) (excluding status under subparagraph 
(A), (B), (G), or (S) of such section). 
‘‘(b) AMOUNT.—The amount of the fee shall be $100 
for each such petition. 
‘‘(c) DISPOSITION.—Fees collected under this section 
shall be deposited in the Treasury in accordance with sec-
tion 286(v).’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents of the Immigration and Nationality Act is 
amended by inserting after the item relating to sec-
tion 281 the following:
‘‘281A. Antifraud fee.’’.
(b) ESTABLISHMENT OF ACCOUNT; USE OF FEES.—
Section 286 (8 U.S.C. 1356) is amended by adding at the 
end the following: 
‘‘(v) ANTIFRAUD ACCOUNT.—
‘‘(1) IN GENERAL.—There is established in the 
general fund of the Treasury a separate account 
which shall be known as the ‘Antifraud Account’. 
Notwithstanding any other provision of law, there 
shall be deposited as offsetting receipts into the ac-
count all fees collected under section 281A. 
‘‘(2) USE OF FEES TO COMBAT FRAUD.—
‘‘(A) SECRETARY
OF
HOMELAND
SECU-
RITY.—
‘‘(i) 
PROGRAMS
TO
ELIMINATE 
FRAUD.—20 percent of amounts deposited 
into the Antifraud Account shall remain 
available to the Secretary of Homeland Se-
curity until expended for programs and ac-
tivities to eliminate fraud by petitioners 
and beneficiaries with respect to immigrant 
visa petitions under section 204 or status 
under section 101(a)(15) (excluding status 
under subparagraph (A), (B), (G), or (S) 
of such section). 
‘‘(ii) REMOVAL OF ALIENS.—20 per-
cent of amounts deposited into the Anti-
fraud Account shall remain available to the 
Secretary of Homeland Security until ex-
pended for the removal of aliens who are
deportable under section 237(a)(1)(A) by 
reason of having been found to be within 
the class of aliens inadmissible under sec-
tion 212(a)(6)(C). 
‘‘(B) SECRETARY OF STATE.—40 percent 
of the amounts deposited into the Antifraud Ac-
count shall remain available to the Secretary of 
State until expended for programs and activities 
to eliminate fraud by petitioners and bene-
ficiaries described in subparagraph (A). 
‘‘(C) JOINT
PROGRAMS.—20 percent of 
amounts deposited into the Antifraud Account 
shall remain available to the Secretary of 
Homeland Security and the Secretary of State 
until expended for programs and activities con-
ducted by them jointly to eliminate fraud by pe-
titioners and beneficiaries described in subpara-
graph (A).’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect 6 months after the date of 
the enactment of this Act.
TITLE 
III—TRACKING 
ALIENS 
PRESENT 
IN 
THE 
UNITED 
STATES 
SEC. 301. ENTRY-EXIT SYSTEM. 
(a) INTEGRATED ENTRY AND EXIT DATA SYSTEM.—
Section 110(b)(1) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 
note) is amended to read as follows: 
‘‘(1) provides access to, and integrates, arrival 
and departure data of all aliens who arrive and de-
part at ports of entry, in an electronic format and 
in a database of the Department of Homeland Secu-
rity or the Department of State (including those cre-
ated or used at ports of entry and at consular of-
fices);’’. 
(b) CONSTRUCTION.—Section 110(c) of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 
1996 (8 U.S.C. 1221 note) is amended to read as follows: 
‘‘(c) CONSTRUCTION.—Nothing in this section shall 
be construed to reduce or curtail any authority of the Sec-
retary of Homeland Security or the Secretary of State 
under any other provision of law.’’. 
(c) DEADLINES.—Section 110(d) of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1221 note) is amended—
(1) in paragraph (1), by striking ‘‘December 
31’’ and inserting ‘‘October 26’’; 
(2) by amending paragraph (2) to read as fol-
lows: 
‘‘(2) LAND
BORDER
PORTS
OF
ENTRY.—Not 
later than October 26, 2004, the Secretary of Home-
land Security shall implement the integrated entry 
and exit data system using the data described in 
paragraph (1) and available alien arrival and depar-
ture data described in subsection (b)(1) pertaining 
to aliens arriving in, or departing from, the United 
States at all land border ports of entry. Such imple-
mentation shall include ensuring that such data, 
when collected or created by an immigration officer 
at a port of entry, are entered into the system and 
can be accessed by immigration officers at airports, 
seaports, and other land border ports of entry.’’; and 
(3) by striking paragraph (3).
(d) AUTHORITY TO PROVIDE ACCESS TO SYSTEM.—
Section 110(f)(1) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 
note) is amended by adding at the end the following: 
‘‘The Secretary of Homeland Security shall ensure 
that any officer or employee of the Department of 
Homeland Security or the Department of State hav-
ing need to access the data contained in the inte-
grated entry and exit data system for any lawful 
purpose under the Immigration and Nationality Act 
has such access, including access for purposes of 
representation of the Department of Homeland Se-
curity in removal proceedings under section 240 of 
such Act and adjudication of applications for bene-
fits under such Act.’’. 
(e) WAIVER AVAILABLE.—If the President deter-
mines in writing, with respect to a fiscal or calendar year, 
that a waiver of one or more of the amendments made 
by this section is desirable and would not threaten the na-
tional security of the United States, the President may 
waive the effectiveness of such amendment or amendments 
with respect to such year. 
SEC. 302. COLLECTION OF INFORMATION REGARDING FOR-
EIGN STUDENTS. 
(a) COURSE OF STUDY.—Section 641(c)(1)(C) of the 
Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996 (8 U.S.C. 1372(c)(1)(C)) is amended by in-
serting after ‘‘including’’ the following: ‘‘each course of 
study the student has taken and is taking at the institu-
tion and’’. 
(b) IMPLEMENTATION OF PROGRAM TO COLLECT IN-
FORMATION RELATING TO NONIMMIGRANT FOREIGN STU-
DENTS
AND
OTHER
EXCHANGE
PROGRAM
PARTICI-
PANTS.—Section 641(d)(2) of the Illegal Immigration Re-
form and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1372(d)(2)) is amended to read as follows: 
‘‘(2) EFFECT OF FAILURE TO PROVIDE INFOR-
MATION.—During any period on or after the date of 
the enactment of the Securing America’s Future 
through Enforcement Reform Act of 2003, if an ap-
proved institution of higher education or a des-
ignated exchange visitor program fails to provide the 
information described in subsection (c) through the 
program described in subsection (a), all approvals 
described in subparagraph (A) of paragraph (1), and 
all grants of authority described in subparagraph 
(B) of such paragraph, with respect to such institu-
tion or exchange visitor program shall be revoked.’’. 
SEC. 303. ALIEN REGISTRATION. 
(a) IN GENERAL.—Section 262 (8 U.S.C. 1302) is 
amended to read as follows: 
‘‘REGISTRATION OF ALIENS IN THE UNITED STATES 
‘‘SEC. 262. (a) INITIAL REGISTRATION.—
‘‘(1) IN
GENERAL.—It shall be the duty of 
every alien now or hereafter in the United States, 
who (1) is fourteen years of age or older, (2) has not 
been registered and fingerprinted under section
221(b) of this Act or section 30 or 31 of the Alien 
Registration Act, 1940, and (3) remains in the 
United States for thirty days or longer, to apply for 
registration and to be fingerprinted before the expi-
ration of such thirty days.
‘‘(2) MINORS.—It shall be the duty of every 
parent or legal guardian of any alien now or here-
after in the United States, who (1) is less than four-
teen years of age, (2) has not been registered under 
section 221(b) of this Act or section 30 or 31 of the 
Alien Registration Act, 1940, and (3) remains in the 
United States for thirty days or longer, to apply for 
the registration of such alien before the expiration of 
such thirty days. Whenever any alien attains his 
fourteenth birthday in the United States he shall, 
within thirty days thereafter, apply in person for 
registration and to be fingerprinted. 
‘‘(b) SUBSEQUENT REGISTRATIONS.—
‘‘(1) PERMANENT RESIDENTS.—In addition to 
any other registration otherwise required under this 
Act or any other Act, each alien lawfully admitted 
for permanent residence shall annually register with 
the Secretary of Homeland Security, regardless of 
whether there has been any change in the alien’s ad-
dress. This requirement shall commence on the first
anniversary of the date on which the alien acquired 
the status of an alien lawfully admitted for perma-
nent residence that occurs after the enactment of 
the Securing America’s Future through Enforcement 
Reform Act of 2003. 
‘‘(2) OTHER ALIENS.—In addition to any other 
registration otherwise required under this Act or any 
other Act, every alien in the United States, other 
than an alien described in paragraph (1), shall reg-
ister with the Secretary of Homeland Security at the 
expiration of each 3-month period during which the 
alien remains in the United States, regardless of 
whether there has been any change in the alien’s ad-
dress. This requirement shall commence on the 60th 
day after the alien enters the United States. 
‘‘(3) MINORS.—In the case of an alien who is 
less than fourteen years of age, a parent or legal 
guardian of the alien may carry out this subsection 
on behalf of the alien. 
‘‘(c) CHANGE OF ADDRESS.—
‘‘(1) IN GENERAL.—Each alien required to be 
registered under this title who is within the United 
States shall notify the Secretary of Homeland Secu-
rity in writing of each change of address and new 
address within ten days from the date of such
100
dence, and the alien’s spouse and children, if the alien is 
a member of the armed forces of the United States serving 
on active duty (as defined in section 101(d) of title 10, 
United States Code). 
‘‘(e) FORMS.—The Secretary of Homeland Security 
shall prepare forms for registrations and change of ad-
dress notifications required under this section. Such forms 
shall contain inquiries to obtain the following information: 
‘‘(1) Full name and aliases. 
‘‘(2) Current address. 
‘‘(3) Date of birth. 
‘‘(4) Visa category. 
‘‘(5) Date of entry into the United States. 
‘‘(6) Termination date of authorization to re-
main in the United Sates, if any. 
‘‘(7) Signature. 
‘‘(8) Biometric feature of the alien.
‘‘(9) Any additional information that the Sec-
retary of Homeland Security determines to be nec-
essary. 
‘‘(f) INFORMATION
TECHNOLOGY
SYSTEM.—The 
Secretary of Homeland Security shall establish and oper-
ate an information technology system for the electronic 
collection, compilation, and maintenance of the informa-
tion submitted under this section. Such system shall per-
101
mit any alien address in the United States that has been 
registered with the Secretary, and the date of such reg-
istration, to be accessed by any officer or employee of the 
Department of Homeland Security having need for such 
access for any lawful purpose under the Immigration and 
Nationality Act.’’. 
(b) REPEAL.—Section 265 (8 U.S.C. 1305) is re-
pealed and the table of contents is amended by striking 
the item relating to such section. 
(c) CONFORMING AMENDMENTS.—
(1) REMOVAL FOR FAILURE TO COMPLY.—Sec-
tion 237(a)(3)(A) (8 U.S.C. 1227(a)(3)(A)) is 
amended by striking ‘‘265’’ and inserting ‘‘262’’. 
(2) REGISTRATION OF SPECIAL GROUPS.—Sec-
tion 263(b) (8 U.S.C. 1303(b)) is amended by in-
serting ‘‘(excluding subsection (c) of such section)’’ 
after ‘‘262’’. 
(3) FORMS AND PROCEDURE.—Section 264(a) 
(8 U.S.C. 1304(a)) is amended by striking ‘‘of this 
title, and the Attorney General is authorized and di-
rected to prepare forms for the registration and 
fingerprinting of aliens under section 262 of this 
title.’’ and inserting a period.
102
(4) PENALTIES.—Section 266 (8 U.S.C. 1306) 
is amended by striking ‘‘265’’ each place such term 
appears and inserting ‘‘262’’. 
(d) REPORT.—Not later than 3 years after the date 
of the enactment of this Act, the Secretary of Homeland 
Security shall submit a report to the Committees on the 
Judiciary of the House of Representatives and the Senate 
on the implementation of section 262 of the Immigration 
and Nationality Act, as amended by this section, and the 
results of such implementation. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act. 
SEC. 304. VISA TERM COMPLIANCE BONDS. 
(a) DEFINITIONS.—For purposes of this section: 
(1) VISA TERM COMPLIANCE BOND.—The term 
‘‘visa term compliance bond’’ means a written 
suretyship undertaking entered into by an alien indi-
vidual seeking admission to the United States of 
America on a nonimmigrant visa whose performance 
is guaranteed by a bail agent. 
(2) SURETYSHIP
UNDERTAKING.—The term 
‘‘suretyship undertaking’’ means a written agree-
ment, executed by a bail agent, which binds all par-
ties to its certain terms and conditions and which
103
provides obligations for the visa applicant while 
under the bond and penalties for forfeiture to ensure 
the obligations of the principal under the agreement. 
(3) BAIL
AGENT.—The term ‘‘bail agent’’ 
means any individual properly licensed, approved, 
and appointed by power of attorney to execute or 
countersign bail bonds in connection with judicial 
proceedings and who receives a premium.
(4) SURETY.—The term ‘‘surety’’ means an en-
tity, as defined by, and that is in compliance with, 
sections 9304 through 9308 of title 31, United 
States Code, that agrees—
(A) to guarantee the performance, where 
appropriate, of the principal under a visa term 
compliance bond; 
(B) to perform as required in the event of 
a forfeiture; and 
(C) to pay over the principal (penal) sum 
of the bond for failure to perform. 
(b) ISSUANCE OF BOND.—A consular officer may re-
quire an applicant for a nonimmigrant visa, as a condition 
for granting such application, to obtain a visa term com-
pliance bond. 
(c) VALIDITY, EXPIRATION, RENEWAL, AND CAN-
CELLATION OF BONDS.—
104
(1) VALIDITY.—A visa term compliance bond 
undertaking is valid if it—
(A) states the full, correct, and proper 
name of the alien principal; 
(B) states the amount of the bond; 
(C) is guaranteed by a surety and 
countersigned by an attorney-in-fact who is 
properly appointed; 
(D) is an original signed document; 
(E) is filed with the Secretary of Home-
land Security along with the original application 
for a visa; and 
(F) is not executed by electronic means. 
(2) EXPIRATION.—A visa term compliance bond 
undertaking shall expire at the earliest of—
(A) 1 year from the date of issue; 
(B) at the expiration, cancellation, or sur-
render of the visa; or 
(C) immediately upon nonpayment of the 
premium. 
(3) RENEWAL.—The bond may be renewed—
(A) annually with payment of proper pre-
mium at the option of the bail agent or surety; 
and
105
(B) provided there has been no breech of 
conditions, default, claim, or forfeiture of the 
bond. 
(4) CANCELLATION.—The bond shall be can-
celed and the surety and bail agent exonerated—
(A) for nonrenewal; 
(B) if the surety or bail agent provides 
reasonable evidence that there was misrepresen-
tation or fraud in the application for the bond; 
(C) upon termination of the visa; 
(D) upon death, incarceration of the prin-
cipal, or the inability of the surety to produce 
the principal for medical reasons; 
(E) if the principal is detained in any city, 
State, country, or political subdivision thereof; 
(F) if the principal departs from the 
United States of America for any reason with-
out permission of the Secretary of Homeland 
Security and the surety or bail agent; or 
(G) if the principal is surrendered by the 
surety. 
(5) EFFECT
OF
EXPIRATION
OR
CANCELLA-
TION.—When a visa term compliance bond expires 
without being immediately renewed, or is canceled,
106
the nonimmigrant status of the alien shall be re-
voked immediately. 
(6) SURRENDER
OF
PRINCIPAL; FORFEITURE 
OF BOND PREMIUM.—
(A) SURRENDER.—At any time before a 
breach of any of the conditions of the bond, the 
surety or bail agent may surrender the prin-
cipal, or the principal may surrender, to any of-
fice or facility of the Department of Homeland 
Security charged with immigration enforcement 
or border protection. 
(B) FORFEITURE OF BOND PREMIUM.—A 
principal may be surrendered without the re-
turn of any bond premium if the visa holder—
(i) changes address without notifying 
the surety or bail agent and the Secretary 
of Homeland Security in writing at least 
60 days prior to such change;
(ii) changes schools, jobs, or occupa-
tions without written permission of the 
surety, bail agent, and the Secretary; 
(iii) conceals himself or herself; 
(iv) fails to report to the Secretary as 
required at least annually; or
107
(v) violates the contract with the bail 
agent or surety, commits any act that may 
lead to a breech of the bond, or otherwise 
violates any other obligation or condition 
of the visa established by the Secretary. 
(7) CERTIFIED
COPY
OF
UNDERTAKING
OR 
WARRANT TO ACCOMPANY SURRENDER.—
(A) IN
GENERAL.—A person desiring to 
make a surrender of the visa holder—
(i) shall have the right to petition any 
Federal court for an arrest warrant for the 
arrest of the visa holder; 
(ii) shall forthwith be provided a cer-
tified copy of the arrest warrant and the 
undertaking; and 
(iii) shall have the right to pursue, ap-
prehend, detain, and deliver the visa hold-
er, together with the certified copy of the 
arrest warrant and the undertaking, to any 
official or facility of the Department of 
Homeland Security charged with immigra-
tion enforcement or border protection or 
any detention facility authorized to hold 
Federal detainees.
108
(B) EFFECTS OF DELIVERY.—Upon deliv-
ery of a person under subparagraph (A)(iii)—
(i) the official to whom the delivery is 
made shall detain the visa holder in cus-
tody and issue a written certificate of sur-
render; and 
(ii) the court issuing the warrant de-
scribed in subparagraph (A)(i) and the 
Secretary of Homeland Security shall im-
mediately exonerate the surety and bail 
agent from any further liability on the 
bond. 
(8) FORM OF BOND.—A visa term compliance 
bond shall in all cases state the following and be se-
cured by a surety: 
(A) BREECH OF BOND; PROCEDURE, FOR-
FEITURE, NOTICE.—
(i) If a visa holder violates any condi-
tions of the visa or the visa bond the Sec-
retary of Homeland Security shall—
(I) order the visa canceled; 
(II) immediately obtain a war-
rant for the visa holder’s arrest; 
(III) order the bail agent and 
surety to take the visa holder into
109
custody and surrender the visa holder 
to the Secretary; and 
(IV) mail notice to the bail agent 
and surety via certified mail return 
receipt at each of the addresses in the 
bond. 
(ii) A bail agent or surety shall have 
full and complete access to any and all in-
formation, electronic or otherwise, in the 
care, custody, and control of the United 
States Government or any State or local 
government or any subsidiary or police 
agency thereof regarding the visa holder 
needed to comply with section 304 of the 
Securing America’s Future through En-
forcement Reform Act of 2003 that the 
court issuing the warrant believes is crucial 
in locating the visa holder. 
(iii) If the visa holder is later ar-
rested, detained, or otherwise located out-
side the United States and the outlying 
possessions of the United States (as de-
fined in section 101(a) of the Immigration 
and Nationality Act), the Secretary of 
Homeland Security shall—
110
(I) order that the bail agent and 
surety are completely exonerated, and 
the bond canceled and terminated; 
and 
(II) if the Secretary has issued 
an order under clause (i), the surety 
may request, by written, properly filed 
motion, reinstatement of the bond. 
This subclause may not be construed 
to prevent the Secretary from revok-
ing or resetting a higher bond. 
(iv) The bail agent or surety must—
(I) produce the visa bond holder; 
or 
(II)(aa) prove within 180 days 
that producing the bond holder was 
prevented—
(aaa) by the bond holder’s 
illness or death; 
(bbb) because the bond hold-
er is detained in custody in any 
city, State, country, or political 
subdivision thereof; 
(ccc) because the bond hold-
er has left the United States or
111
its outlying possessions (as de-
fined in section 101(a) of the Im-
migration and Nationality Act (8 
U.S.C. 1101(a)); or 
(ddd) because required no-
tice was not given to the bail 
agent or surety; and 
(bb) prove within 180 days that 
the inability to produce the bond hold-
er was not with the consent or conniv-
ance of the bail agent or sureties. 
(v) If the bail agent or surety does 
not comply with the terms of this bond 
within 60 days after the mailing of the no-
tice 
required 
under 
subparagraph 
(A)(i)(IV), a portion of the face value of 
the bond shall be assessed as a penalty 
against the surety. 
(vi) If compliance occurs more than 
60 days but no more than 90 days after 
the mailing of the notice, the amount as-
sessed shall be one-third of the face value 
of the bond. 
(vii) If compliance occurs more than 
90 days, but no more than 180 days, after