section 101(a)(17) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(17))); and 
(2) shall ensure that the revised regulations op-
erate so as to allow for the reopening and readjudi-
cation of determinations made under the regulations 
before the effective date of the revision and apply to 
acts and conditions constituting grounds of ineligi-
bility for the protection of such regulations (includ-
ing ineligibility for withholding or deferral of re-
moval) as revised, regardless of when such acts or 
conditions occurred. 
SEC. 6. EXPEDITED REMOVAL OF ALIENS INADMISSIBLE OR 
DEPORTABLE ON SECURITY AND RELATED 
GROUNDS. 
Section 238 of the Immigration and Nationality Act 
(8 U.S.C. 1228) is amended— 
(1) in the section heading, by adding at the end 
the following: ‘‘OR INADMISSIBLE OR DEPORTABLE 
ON SECURITY OR RELATED GROUNDS’’; 
(2) by redesignating the subsections succeeding 
subsection (b) as subsections (d) and (e), respec-
tively; and 
(3) by inserting after subsection (b) the fol-
lowing: 
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‘‘(c) REMOVAL OF ALIENS WHO ARE NOT PERMA-
NENT RESIDENTS AND WHO ARE INADMISSIBLE OR DE-
PORTABLE ON SECURITY OR RELATED GROUNDS.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security, in accordance with paragraph (3)— 
‘‘(A) notwithstanding section 240, in the 
case of every alien described in paragraph (2), 
shall determine the inadmissibility of such alien 
under section 212(a)(3)(B)(i)(IX) or the de-
portability 
of 
such 
alien 
under 
section 
237(a)(4)(B) as a consequence of being de-
scribed in section 212(a)(3)(B)(i)(IX) and issue 
an order of removal pursuant to the procedures 
set forth in this subsection to every such alien 
determined to be inadmissible under section 
212(a)(3)(B)(i)(IX) or deportable under section 
237(a)(4)(B) as a consequence of being de-
scribed in section 212(a)(3)(B)(i)(IX); and 
‘‘(B) in the case of an alien described in 
paragraph (2) who is not issued an order under 
subparagraph (A), may determine the inadmis-
sibility of such alien under section 212(a)(3)(B) 
(other than subparagraph (B)(i)(IX)) or the de-
portability 
of 
such 
alien 
under 
section 
237(a)(4)(B) (other than as a consequence of 
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being described in section 212(a)(3)(B)(i)(IX)) 
and issue an order of removal pursuant to the 
procedures set forth in this subsection or sec-
tion 240. 
‘‘(2) ALIENS
DESCRIBED.—An alien is de-
scribed in this paragraph if— 
‘‘(A) the alien has not been granted a 
waiver under section 212(d)(3)(C); and 
‘‘(B) the alien— 
‘‘(i) was not lawfully admitted for per-
manent residence at the time at which pro-
ceedings under this subsection commenced; 
or 
‘‘(ii) had permanent resident status 
on a conditional basis (as described in sec-
tion 216) at the time that proceedings 
under this subsection commenced. 
‘‘(3) EXPEDITED
PROCEEDINGS.—Proceedings 
under this subsection shall be in accordance with 
such regulations as the Secretary of Homeland Secu-
rity shall prescribe. The Secretary shall ensure 
that— 
‘‘(A) the alien is given reasonable notice of 
the charges and of the opportunity described in 
subparagraph (C); 
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‘‘(B) the alien shall have the privilege of 
being represented (at no expense to the govern-
ment) by such counsel, authorized to practice in 
such proceedings, as the alien shall choose; 
‘‘(C) the alien has a reasonable oppor-
tunity to inspect the evidence and rebut the 
charges; 
‘‘(D) a determination is made for the 
record that the individual upon whom the notice 
for the proceeding under this section is served 
(either in person or by mail) is, in fact, the 
alien named in such notice; 
‘‘(E) a record is maintained for judicial re-
view; and 
‘‘(F) the final order of removal is not adju-
dicated by the same person who issues the 
charges. 
‘‘(4) JUDICIAL
REVIEW.—The Secretary of 
Homeland Security may not execute any order de-
scribed in paragraph (1) until 14 calendar days have 
passed from the date that such order was issued, un-
less waived by the alien, in order that the alien has 
an opportunity to apply for judicial review under 
section 242. 
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‘‘(5) INELIGIBILITY
FOR
DISCRETIONARY
RE-
LIEF FROM REMOVAL.—No alien adjudicated inad-
missible or deportable in a proceeding under this 
subsection shall be eligible for any relief from re-
moval that the Secretary of Homeland Security may 
grant in the Secretary’s discretion.’’. 
SEC. 7. EFFECTIVE DATE; APPLICABILITY. 
This Act and the amendments made by this Act shall 
take effect on the date of the enactment of this Act and 
shall apply to all aliens identified in the terrorist screening 
database (as such term is defined in section 2101(10) of 
the Homeland Security Act of 2002 (6 U.S.C. 621(10))) 
on or after such date. 
Æ 
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