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are subject to an expedited removal process, without
an evidentiary hearing and subject to strictly limited
judicial review.
(2) NO REWARD FOR ILLEGAL ENTRANTS OR
VISA OVERSTAYERS.—Aliens who enter illegally or
who overstay the period of authorized admission will
have a greater burden of proof in removal proceed-
ings and will face tougher standards for most discre-
tionary immigration benefits, such as suspension of
removal and work authorization.
(3) STRICTER STANDARDS TO ASSURE DETEN-
TION OF ALIENS.—There are more stringent stand-
ards for the release of aliens (particularly aliens con-
victed of aggravated felonies) during and after re-
moval proceedings.
(4) SIMPLIFIED, SINGLE REMOVAL PROCEEDING
(IN PLACE OF SEPARATE EXCLUSION AND DEPORTA-
TION PROCEEDINGS).—The procedures for exclusion
and deportation are consolidated into a simpler, sin-
gle procedure for removal of inadmissible and de-
portable aliens.
(5) STREAMLINED JUDICIAL REVIEW.—Judicial
review is streamlined through removing a layer of re-
view in exclusion cases, shortening the time period
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to file for review, and permitting the removal of in-
admissible aliens pending the review.
(6) INCREASED
PENALTIES
TO
ASSURE
RE-
MOVAL AND PREVENT FURTHER REENTRY.—Aliens
who are ordered removed are subject to civil money
penalties for failure to depart on time and if they
seek reentry they are subject to immediate removal
under the prior order.
(7) PROTECTION
OF
APPLICANTS
FOR
ASY-
LUM.—Throughout the process, the procedures pro-
tect those aliens who present credible claims for asy-
lum by giving them an opportunity for a full hearing
on their claims.
(8) REORGANIZATION.—The provisions of the
Act are reorganized to provide a more logical pro-
gression from arrival and inspection through pro-
ceedings and removal.
SEC. 301. TREATING PERSONS PRESENT IN THE UNITED
STATES WITHOUT AUTHORIZATION AS NOT
ADMITTED.
(a) ‘‘ADMISSION’’ DEFINED.—Paragraph (13) of sec-
tion 101(a) (8 U.S.C. 1101(a)) is amended to read as fol-
lows:
‘‘(13)(A) The terms ‘admission’ and ‘admitted’ mean,
with respect to an alien, the lawful entry of the alien into
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the United States after inspection and authorization by
an immigration officer.
‘‘(B) An alien who is paroled under section 212(d)(5)
or permitted to land temporarily as an alien crewman shall
not be considered to have been admitted.
‘‘(C) An alien lawfully admitted for permanent resi-
dence in the United States shall not be regarded as seek-
ing an admission into the United States for purposes of
the immigration laws unless the alien—
‘‘(i) has abandoned or relinquished that status,
‘‘(ii) has engaged in illegal activity after having
departed the United States,
‘‘(iii) has departed from the United States while
under legal process seeking removal of the alien
from the United States, including removal proceed-
ings under this Act and extradition proceedings,
‘‘(iv) has been convicted of an aggravated fel-
ony, unless since such conviction the alien has been
granted relief under section 240A(a), or
‘‘(v) is attempting to enter at a time or place
other than as designated by immigration officers or
has not been admitted to the United States after in-
spection and authorization by an immigration offi-
cer.’’.
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(b) INADMISSIBILITY OF ALIENS PRESENT WITHOUT
ADMISSION OR PAROLE.—
(1) IN
GENERAL.—Section 212(a) (8 U.S.C.
1182(a)) is amended by redesignating paragraph (9)
as paragraph (10) and by inserting after paragraph
(8) the following new paragraph:
‘‘(9) PRESENT
WITHOUT
ADMISSION
OR
PA-
ROLE.—
‘‘(A) IN GENERAL.—An alien present in
the United States without being admitted or
paroled, or who arrives in the United States at
any time or place other than as designated by
the Attorney General, is inadmissible.
‘‘(B) EXCEPTION FOR CERTAIN BATTERED
WOMEN
AND
CHILDREN.—Subparagraph (A)
shall not apply to an alien who can demonstrate
that—
‘‘(i) the alien qualifies for immigrant
status 
under 
subparagraphs 
(A)(iii),
(A)(iv), (B)(ii), or (B)(iii) of section
204(a)(1),
‘‘(ii)(I) the alien has been battered or
subject to extreme cruelty by a spouse or
parent, or by a member of the spouse’s or
parent’s family residing in the same house-
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hold as the alien and the spouse or parent
consented or acquiesced to such battery or
cruelty, or (II) the alien’s child has been
battered or subject to extreme cruelty by a
spouse or parent of the alien (without the
active participation of the alien in the bat-
tery or extreme cruelty) or by a member of
the spouse’s or parent’s family residing in
the same household as the alien when the
spouse or parent consented to or acqui-
esced in such battery or cruelty and the
alien did not actively participate in such
battery or cruelty, and
‘‘(iii) there was a substantial connec-
tion between the battery or cruelty de-
scribed in subclause (I) or (II) and the
alien’s unlawful entry into the United
States.’’.
(2) TRANSITION
FOR
BATTERED
SPOUSE
OR
CHILD PROVISION.—The requirements of clauses (ii)
and (iii) of section 212(a)(9)(B) of the Immigration
and Nationality Act, as inserted by paragraph (1),
shall not apply to an alien who demonstrates that
the alien first arrived in the United States before
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the title III–A effective date (described in section
309(a)).
(c) REVISION TO GROUND OF INADMISSIBILITY FOR
ILLEGAL ENTRANTS
AND IMMIGRATION VIOLATORS.—
Subparagraphs (A) and (B) of section 212(a)(6) (8 U.S.C.
1182(a)(6)) are amended to read as follows:
‘‘(A) ALIENS PREVIOUSLY REMOVED.—
‘‘(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 is inadmissible.
‘‘(ii) OTHER ALIENS.—Any alien not
described in clause (i) who has been or-
dered removed under section 240 or any
other provision of law and who again seeks
admission within 10 years of the date of
such removal (or at any time in the case
of an alien convicted of an aggravated fel-
ony) is inadmissible.
‘‘(iii) ALIENS WHO HAD THE INTENT
TO
ILLEGALLY
ENTER.—Any alien who
had the intent to illegally enter the United
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States and who has been ordered removed
under section 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 is
inadmissible.
‘‘(iv) OTHER ALIENS WHO HAD THE
INTENT TO ILLEGALLY ENTER.—Any alien
not described in clause (i) who had the in-
tent to illegally enter the United States
and who has been ordered removed under
section 240 or any other provision of law
and who again seeks admission is inadmis-
sible.
‘‘(v) 
EXCEPTION.—Clauses 
(i)
through (iv) shall not apply to an alien
seeking admission within a period if, prior
to the alien’s reembarkation at a place out-
side the United States or attempt to be ad-
mitted from foreign contiguous territory,
the Attorney General has consented to the
alien’s reapplying for admission.
‘‘(B) ALIENS PRESENT UNLAWFULLY FOR
MORE THAN 1 YEAR.—
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‘‘(i) IN GENERAL.—Any alien who was
unlawfully present in the United States for
an aggregate period totaling 1 year is in-
admissible unless the alien has remained
outside the United States for a period of
10 years.
‘‘(ii) 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).
‘‘(III) ALIENS
WITH
WORK
AU-
THORIZATION.—No period of time in
which an alien is provided authoriza-
tion to engage in employment in the
United States (including such an au-
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thorization 
under 
section
244A(a)(1)(B)), or in which the alien
is the spouse of such an alien, shall be
taken into account in determining the
period of unlawful presence in the
United States under clause (i).
‘‘(IV) 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).
‘‘(V) BATTERED
WOMEN
AND
CHILDREN.—Clause (i) shall not apply
to an alien who would be described in
paragraph (9)(B) if ‘violation of the
terms of the alien’s nonimmigrant
visa’ were substituted for ‘unlawful
entry into the United States’ in clause
(iii) of that paragraph.
‘‘(iii) 
EXTENSION.—The 
Attorney
General may extend the period of 1 year
under clause (i) to a period of 15 months
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in the case of an alien who applies to the
Attorney General (before the alien has
been present unlawfully in the United
States for a period totaling 1 year) and es-
tablishes to the satisfaction of the Attorney
General that—
‘‘(I) the alien is not inadmissible
under clause (i) at the time of the ap-
plication, and
‘‘(II) the failure to extend such
period would constitute an extreme
hardship for the alien.
‘‘(iv) WAIVER.—In the case of an
alien who is the spouse, parent, or child of
a United States citizen or the spouse or
child of a permanent resident alien, the At-
torney General may waive clause (i) for
humanitarian purposes, to assure family
unity, or when it is otherwise in the public
interest.
‘‘(v) NATIONAL INTEREST WAIVER.—
The Attorney General may waive clause (i)
if the Attorney General determines that
such a waiver is necessary to substantially
benefit—
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‘‘(I) the national security, na-
tional defense, or Federal, State, or
local law enforcement;
‘‘(II) health care, housing, or
educational opportunities for an indi-
gent or low-income population or in
an underserved geographical area;
‘‘(III) economic or employment
opportunities for a specific industry or
specific geographical area;
‘‘(IV) the development of new
technologies; or
‘‘(V) environmental protection or
the productive use of natural re-
sources; and
the alien will engage in a specific under-
taking to advance one or more of the inter-
ests identified in subclauses (I) through
(V).’’.
(d) WAIVER OF MISREPRESENTATION GROUND OF
INADMISSIBILITY FOR CERTAIN ALIENS.—Subsection (i)
of section 212 (8 U.S.C. 1182) is amended to read as fol-
lows:
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‘‘(i) The Attorney General may, in the discretion of
the Attorney General, waive the application of clause (i)
of subsection (a)(6)(C)—
‘‘(1) in the case of an immigrant who is the
spouse, son, or daughter of a United States citizen;
or
‘‘(2) in the case of an immigrant who is the
spouse or son or daughter of an alien lawfully admit-
ted for permanent residence, if it is established to
the satisfaction of the Attorney General that the re-
fusal of admission to the United States of such im-
migrant alien would result in extreme hardship to
the lawfully resident spouse or parent of such an
alien.’’.
(e) PROHIBITION
ON
ISSUANCE
OF
VISAS
FOR
FORMER CITIZENS WHO RENOUNCED CITIZENSHIP TO
AVOID UNITED STATES TAXATION.—Section 212(a)(10)
(8 U.S.C. 1182(a)(10)), as redesignated by subsection
(b)(1), is amended by adding at the end the following:
‘‘(D) FORMER CITIZENS WHO RENOUNCED
CITIZENSHIP TO AVOID TAXATION.—Any alien
who is a former citizen of the United States
who officially renounced United States citizen-
ship and who is determined by the Attorney
General to have renounced United States citi-
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zenship for the purpose of avoiding taxation by
the United States is excludable.’’.
(f) PROOF OF VACCINATION REQUIREMENT FOR IM-
MIGRANTS.—
(1) IN
GENERAL.—Section 212(a)(1)(A) (8
U.S.C. 1182(a)(1)(A)) is amended—
(A) by redesignating clauses (ii) and (iii)
as clauses (iii) and (iv), respectively, and
(B) by inserting after clause (i) the follow-
ing new clause:
‘‘(ii) who seeks admission as an immi-
grant, or who seeks adjustment of status
to the status of an alien lawfully admitted
for permanent residence, and who has
failed to present documentation of having
received vaccination against vaccine-pre-
ventable diseases, which shall include at
least the following diseases: mumps, mea-
sles, rubella, polio, tetanus and diphtheria
toxoids, pertussis, influenza type B and
hepatitis B, and any other vaccinations
against vaccine-preventable diseases rec-
ommended by the Advisory Committee for
Immunization Practices,’’.
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(2) 
WAIVER.—Section 
212(g) 
(8 
U.S.C.
1182(g)) is amended by striking ‘‘, or’’ at the end
of paragraph (1) and all that follows and inserting
a semicolon and the following:
‘‘in accordance with such terms, conditions, and con-
trols, if any, including the giving of bond, as the At-
torney General, in the discretion of the Attorney
General after consultation with the Secretary of
Health and Human Services, may by regulation pre-
scribe;
‘‘(2) subsection (a)(1)(A)(ii) in the case of any
alien—
‘‘(A) who receives vaccination against the
vaccine-preventable disease or diseases for
which the alien has failed to present docu-
mentation of previous vaccination, or
‘‘(B) for whom a civil surgeon, medical of-
ficer, or panel physician (as those terms are de-
fined by section 34.2 of title 42 of the Code of
Federal Regulations) certifies, according to
such regulations as the Secretary of Health and
Human Services may prescribe, that such vac-
cination would not be medically appropriate; or
‘‘(3) subsection (a)(1)(A)(iii) in the case of any
alien, in accordance with such terms, conditions, and
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controls, if any, including the giving of bond, as the
Attorney General, in the discretion of the Attorney
General after consultation with the Secretary of
Health and Human Services, may by regulation pre-
scribe.’’.
(3) EFFECTIVE DATE.—The amendments made
by this subsection shall apply with respect to appli-
cations for immigrant visas or for adjustment of sta-
tus filed after September 30, 1996.
(g) ADJUSTMENT
IN
GROUNDS
FOR
DEPORTA-
TION.—Section 241 (8 U.S.C. 1251), before redesignation
as section 237 by section 305(a)(2), is amended—
(1) in the matter before paragraph (1) of sub-
section (a), by striking ‘‘in the United States’’ and
inserting ‘‘in and admitted to the United States’’;
(2) in subsection (a)(1), by striking ‘‘EXCLUD-
ABLE’’ each place it appears and inserting ‘‘INAD-
MISSIBLE’’;
(3) in subsection (a)(1)(A), by striking ‘‘exclud-
able’’ and inserting ‘‘inadmissible’’; and
(4) by amending subparagraph (B) of sub-
section (a)(1) to read as follows:
‘‘(B) PRESENT IN VIOLATION OF LAW.—
Any alien who is present in the United States
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in violation of this Act or any other law of the
United States is deportable.
(h) WAIVERS
FOR
IMMIGRANTS
CONVICTED
OF
CRIMES.—Section 212(h) (8 U.S.C. 1182(h)) is amended
by adding at the end the following: ‘‘No waiver shall be
granted under this subsection to an immigrant who pre-
viously has been admitted to the United States unless that
alien has fulfilled the time in status and continuous resi-
dence requirements of section 212(c). No court shall have
jurisdiction to review a decision of the Attorney General
to grant or deny a waiver under this subsection.’’.
SEC. 302. INSPECTION OF ALIENS; EXPEDITED REMOVAL
OF INADMISSIBLE ARRIVING ALIENS; REFER-
RAL FOR HEARING (REVISED SECTION 235).
Section 235 (8 U.S.C. 1225) is amended to read as
follows:
‘‘INSPECTION
BY
IMMIGRATION
OFFICERS; EXPEDITED
REMOVAL OF INADMISSIBLE ARRIVING ALIENS; RE-
FERRAL FOR HEARING
‘‘SEC. 235. (a) INSPECTION.—
‘‘(1) ALIENS TREATED AS APPLICANTS FOR AD-
MISSION.—An alien present in the United States
who has not been admitted, who arrives in the Unit-
ed States (whether or not at a designated port of ar-
rival), or who is brought to the United States after
having been interdicted in international or United
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States waters shall be deemed for purposes of this
Act an applicant for admission.
‘‘(2) STOWAWAYS.—An arriving alien who is a
stowaway is not eligible to apply for admission or to
be admitted and shall be ordered removed upon in-
spection by an immigration officer. Upon such in-
spection if the alien indicates an intention to apply
for asylum under section 208 or a fear of persecu-
tion, the officer shall refer the alien for an interview
under subsection (b)(1)(B). A stowaway may apply
for asylum only if the stowaway is found to have a
credible fear of persecution under subsection
(b)(1)(B). In no case may a stowaway be considered
an applicant for admission or eligible for a hearing
under section 240.
‘‘(3) INSPECTION.—All aliens (including alien
crewmen) who are applicants for admission or other-
wise seeking admission or readmission to or transit
through the United States shall be inspected by im-
migration officers.
‘‘(4) WITHDRAWAL OF APPLICATION FOR AD-
MISSION.—An alien applying for admission may, in
the discretion of the Attorney General and at any
time, be permitted to withdraw the application for
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admission and depart immediately from the United
States.
‘‘(5) STATEMENTS.—An applicant for admis-
sion may be required to state under oath any infor-
mation sought by an immigration officer regarding
the purposes and intentions of the applicant in seek-
ing admission to the United States, including the
applicant’s intended length of stay and whether the
applicant intends to remain permanently or become
a United States citizen, and whether the applicant
is inadmissible.
‘‘(b) INSPECTION OF APPLICANTS FOR ADMISSION.—
‘‘(1) INSPECTION OF ALIENS ARRIVING IN THE
UNITED STATES.—
‘‘(A) SCREENING.—If the examining immi-
gration officer determines that an alien arriving
in the United States (whether or not at a port
of 
entry) 
is 
inadmissible 
under 
section
212(a)(6)(C) or 212(a)(7) and the alien—
‘‘(i) does not indicate either an inten-
tion to apply for asylum under section 208
or a fear of persecution, the officer shall
order the alien removed from the United
States without further hearing or review;
or
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‘‘(ii) indicates an intention to apply
for asylum under section 208 or a fear of
persecution, the officer shall refer the alien
for an interview by an asylum officer under
subparagraph (B).
‘‘(B) ASYLUM INTERVIEWS.—
‘‘(i) CONDUCT
BY
ASYLUM
OFFI-
CERS.—An asylum officer shall promptly
conduct interviews of aliens referred under
subparagraph (A)(ii).
‘‘(ii) 
REFERRAL
OF
CERTAIN
ALIENS.—If the officer determines at the
time of the interview that an alien has a
credible fear of persecution (within the
meaning of clause (v)), the alien shall be
detained for further consideration of the
application for asylum.
‘‘(iii) REMOVAL
WITHOUT
FURTHER
REVIEW IF NO CREDIBLE FEAR OF PERSE-
CUTION.—
‘‘(I) IN
GENERAL.—Subject to
subclause (II), if the officer deter-
mines that an alien does not have a
credible fear of persecution, the officer
shall order the alien removed from the
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United States without further hearing
or review.
‘‘(II) REVIEW
OF
DETERMINA-
TION
BY
SUPERVISORY
OFFICER.—
The Attorney General shall promul-
gate regulations to provide for the im-
mediate review by a supervisory asy-
lum officer at the port of entry of a
determination under subclause (I).
‘‘(iv) INFORMATION
ABOUT
INTER-
VIEWS.—The Attorney General shall pro-
vide information concerning the asylum
interview described in this subparagraph to
aliens who may be eligible. An alien who is
eligible for such interview may consult with
a person or persons of the alien’s choosing
prior to the interview or any review there-
of, according to regulations prescribed by
the Attorney General. Such consultation
shall be at no expense to the Government
and shall not delay the process.
‘‘(v) CREDIBLE
FEAR
OF
PERSECU-
TION DEFINED.—For purposes of this sub-
paragraph, the term ‘credible fear of perse-
cution’ means (I) that it is more probable
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than not that the statements made by the
alien in support of the alien’s claim are
true, and (II) that there is a significant
possibility, in light of such statements and
of such other facts as are known to the of-
ficer, that the alien could establish eligi-
bility for asylum under section 208.
‘‘(C) LIMITATION ON ADMINISTRATIVE RE-
VIEW.—A removal order entered in accordance
with subparagraph (A)(i) or (B)(iii)(I) is not
subject to administrative appeal, except that the
Attorney General shall provide by regulation for
prompt review of such an order under subpara-
graph (A)(i) against an alien who claims under
oath, or as permitted under penalty of perjury
under section 1746 of title 28, United States
Code, after having been warned of the penalties
for falsely making such claim under such condi-
tions, to have been lawfully admitted for perma-
nent residence.
‘‘(D) LIMIT ON COLLATERAL ATTACKS.—
In any action brought against an alien under
section 275(a) or section 276, the court shall
not have jurisdiction to hear any claim attack-
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ing the validity of an order of removal entered
under subparagraph (A)(i) or (B)(iii)(I).
‘‘(E) ASYLUM
OFFICER
DEFINED.—As
used in this paragraph, the term ‘asylum offi-
cer’ means an immigration officer who—
‘‘(i) has had professional training in
country conditions, asylum law, and inter-
view techniques, and
‘‘(ii) is supervised by an officer who
meets the condition described in clause (i).
‘‘(2) INSPECTION OF OTHER ALIENS.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), in the case of an alien who is an ap-
plicant for admission, if the examining immi-
gration officer determines that an alien seeking
admission is not clearly and beyond a doubt en-
titled to be admitted, the alien shall be detained
for a hearing under section 240.
‘‘(B) 
EXCEPTION.—Subparagraph 
(A)
shall not apply to an alien—
‘‘(i) who is a crewman,
‘‘(ii) to whom paragraph (1) applies,
or
‘‘(iii) who is a stowaway.
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‘‘(3) CHALLENGE OF DECISION.—The decision
of the examining immigration officer, if favorable to
the admission of any alien, shall be subject to chal-
lenge by any other immigration officer and such
challenge shall operate to take the alien whose privi-
lege to be admitted is so challenged, before an immi-
gration judge for a hearing under section 240.
‘‘(c) REMOVAL OF ALIENS INADMISSIBLE ON SECU-
RITY AND RELATED GROUNDS.—
‘‘(1) REMOVAL WITHOUT FURTHER HEARING.—
If an immigration officer or an immigration judge
suspects that an arriving alien may be inadmissible
under subparagraph (A) (other than clause (ii)),
(B), or (C) of section 212(a)(3), the officer or judge
shall—
‘‘(A) order the alien removed, subject to
review under paragraph (2);
‘‘(B) report the order of removal to the At-
torney General; and
‘‘(C) not conduct any further inquiry or
hearing until ordered by the Attorney General.
‘‘(2) REVIEW
OF
ORDER.—(A) The Attorney
General shall review orders issued under paragraph
(1).
‘‘(B) If the Attorney General—
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‘‘(i) is satisfied on the basis of confidential
information that the alien is inadmissible under
subparagraph (A) (other than clause (ii)), (B),
or (C) of section 212(a)(3), and
‘‘(ii) after consulting with appropriate se-
curity agencies of the United States Govern-
ment, concludes that disclosure of the informa-
tion would be prejudicial to the public interest,
safety, or security,
the Attorney General may order the alien removed
without further inquiry or hearing by an immigra-
tion judge.
‘‘(C) If the Attorney General does not order the
removal of the alien under subparagraph (B), the
Attorney General shall specify the further inquiry or
hearing that shall be conducted in the case.
‘‘(3) SUBMISSION OF STATEMENT AND INFOR-
MATION.—The alien or the alien’s representative
may submit a written statement and additional in-
formation for consideration by the Attorney General.
‘‘(d) AUTHORITY RELATING TO INSPECTIONS.—
‘‘(1) AUTHORITY TO SEARCH CONVEYANCES.—
Immigration officers are authorized to board and
search any vessel, aircraft, railway car, or other con-
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veyance or vehicle in which they believe aliens are
being brought into the United States.
‘‘(2) AUTHORITY TO ORDER DETENTION AND
DELIVERY OF ARRIVING ALIENS.—Immigration offi-
cers are authorized to order an owner, agent, mas-
ter, commanding officer, person in charge, purser, or
consignee of a vessel or aircraft bringing an alien
(except an alien crewmember) to the United
States—
‘‘(A) to detain the alien on the vessel or at
the airport of arrival, and
‘‘(B) to deliver the alien to an immigration
officer for inspection or to a medical officer for
examination.
‘‘(3) ADMINISTRATION OF OATH AND CONSID-
ERATION OF EVIDENCE.—The Attorney General and
any immigration officer shall have power to admin-
ister oaths and to take and consider evidence of or
from any person touching the privilege of any alien
or person he believes or suspects to be an alien to
enter, reenter, transit through, or reside in the Unit-
ed States or concerning any matter which is mate-
rial and relevant to the enforcement of this Act and
the administration of the Service.
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SEC. 303. APPREHENSION AND DETENTION OF ALIENS NOT
LAWFULLY IN THE UNITED STATES (REVISED
SECTION 236).
(a) IN GENERAL.—Section 236 (8 U.S.C. 1226) is
amended to read as follows:
‘‘APPREHENSION AND DETENTION OF ALIENS NOT
LAWFULLY IN THE UNITED STATES
‘‘SEC. 236. (a) ARREST, DETENTION, AND RE-
LEASE.—On a warrant issued by the Attorney General,
an alien may be arrested and detained pending a decision
on whether the alien is to be removed from the United
States. Except as provided in subsection (c) and pending
such decision, the Attorney General—
‘‘(1) may continue to detain the arrested alien;
and
‘‘(2) may release the alien on—
‘‘(A) bond of at least $1,500 with security
approved by, and containing conditions pre-
scribed by, the Attorney General; or
‘‘(B) conditional parole; but
‘‘(3) may not provide the alien with work au-
thorization (including an ‘employment authorized’
endorsement or other appropriate work permit), un-
less the alien is lawfully admitted for permanent res-
idence or otherwise would (without regard to re-
moval proceedings) be provided such authorization.
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‘‘(b) REVOCATION OF BOND OR PAROLE.—The At-
torney General at any time may revoke a bond or parole
authorized under subsection (a), rearrest the alien under
the original warrant, and detain the alien.
‘‘(c) ALIENS CONVICTED
OF AGGRAVATED FELO-
NIES.—
‘‘(1) CUSTODY.—The Attorney General shall
take into custody any alien convicted of an aggra-
vated felony when the alien is released, without re-
gard to whether the alien is released on parole, su-
pervised release, or probation, and without regard to
whether the alien may be arrested or imprisoned
again for the same offense.
‘‘(2) RELEASE.—The Attorney General may re-
lease the alien only if—
‘‘(A) the alien was lawfully admitted to the
United States and satisfies the Attorney Gen-
eral that the alien will not pose a danger to the
safety of other persons or of property and is
likely to appear for any scheduled proceeding;
‘‘(B) the alien was not lawfully admitted to
the United States, cannot be removed because
the designated country of removal will not ac-
cept the alien, and satisfies the Attorney Gen-
eral that the alien will not pose a danger to the
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safety of other persons or of property and is
likely to appear for any scheduled proceeding;
or
‘‘(C) the Attorney General decides pursu-
ant to section 3521 of title 18, United States
Code, that release of the alien from custody is
necessary to provide protection to a witness, a
potential witness, a person cooperating with an
investigation into major criminal activity, or an
immediate family member or close associate of
a witness, potential witness, or person cooperat-
ing with such an investigation.
A decision relating to such release shall take place
in accordance with a procedure that considers the
severity of the offense committed by the alien.
‘‘(d) IDENTIFICATION OF ALIENS CONVICTED OF AG-
GRAVATED FELONIES.—(1) The Attorney General shall
devise and implement a system—
‘‘(A) to make available, daily (on a 24-hour
basis), to Federal, State, and local authorities the
investigative resources of the Service to determine
whether individuals arrested by such authorities for
aggravated felonies are aliens;
‘‘(B) to designate and train officers and em-
ployees of the Service to serve as a liaison to Fed-
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eral, State, and local law enforcement and correc-
tional agencies and courts with respect to the arrest,
conviction, and release of any alien charged with an
aggravated felony; and
‘‘(C) which uses computer resources to main-
tain a current record of aliens who have been con-
victed of an aggravated felony and who have been
removed.
‘‘(2) The record under paragraph (1)(C) shall be
made available—
‘‘(A) to inspectors at ports of entry and to bor-
der patrol agents at sector headquarters for pur-
poses of immediate identification of any such pre-
viously removed alien seeking to reenter the United
States, and
‘‘(B) to officials of the Department of State for
use in its automated visa lookout system.’’.
(b) INCREASE IN INS DETENTION FACILITIES.—
Subject to the availability of appropriations, the Attorney
General shall provide for an increase in the detention fa-
cilities of the Immigration and Naturalization Service to
at least 9,000 beds by fiscal year 1997.
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SEC. 304. REMOVAL PROCEEDINGS; CANCELLATION OF RE-
MOVAL AND ADJUSTMENT OF STATUS; VOL-
UNTARY DEPARTURE (REVISED AND NEW
SECTIONS 239 TO 240C).
(a) IN GENERAL.—Chapter 4 of title II is amended—
(1) by redesignating section 239 (8 U.S.C.
1229) as section 234 and by moving such section to
immediately follow section 233;
(2) by redesignating section 240 (8 U.S.C.
1230) as section 240C; and
(3) by inserting after section 238 the following
new sections:
‘‘INITIATION OF REMOVAL PROCEEDINGS
‘‘SEC. 239. (a) NOTICE TO APPEAR.—
‘‘(1) IN
GENERAL.—In removal proceedings
under section 240, written notice (in this section re-
ferred to as a ‘notice to appear’) shall be given in
person to the alien (or, if personal service is not
practicable, through service by mail to the alien or
to the alien’s counsel of record, if any) specifying the
following:
‘‘(A) The nature of the proceedings against
the alien.
‘‘(B) The legal authority under which the
proceedings are conducted.
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‘‘(C) The acts or conduct alleged to be in
violation of law.
‘‘(D) The charges against the alien and the
statutory provisions alleged to have been vio-
lated.
‘‘(E) The alien may be represented by
counsel and the alien will be provided (i) a pe-
riod of time to secure counsel under subsection
(b)(1) and (ii) a current list of counsel prepared
under subsection (b)(2).
‘‘(F)(i) The requirement that the alien
must immediately provide (or have provided)
the Attorney General with a written record of
an address and telephone number (if any) at
which the alien may be contacted respecting
proceedings under section 240.
‘‘(ii) The requirement that the alien must
provide the Attorney General immediately with
a written record of any change of the alien’s ad-
dress or telephone number.
‘‘(iii) The consequences under section
240(b)(5) of failure to provide address and tele-
phone information pursuant to this subpara-
graph.
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‘‘(G)(i) The time and place at which the
proceedings will be held.
‘‘(ii) The consequences under section
240(b)(5) of the failure, except under excep-
tional circumstances, to appear at such proceed-
ings.
‘‘(2) NOTICE OF CHANGE IN TIME OR PLACE OF
PROCEEDINGS.—
‘‘(A) IN GENERAL.—In removal proceed-
ings under section 240, in the case of any
change or postponement in the time and place
of such proceedings, subject to subparagraph
(B) a written notice shall be given in person to
the alien (or, if personal service is not prac-
ticable, through service by mail to the alien or
to the alien’s counsel of record, if any) specify-
ing—
‘‘(i) the new time or place of the pro-
ceedings, and
‘‘(ii) the consequences under section
240(b)(5) of failing, except under excep-
tional circumstances, to attend such pro-
ceedings.
‘‘(B) EXCEPTION.—In the case of an alien
not in detention, a written notice shall not be
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required under this paragraph if the alien has
failed to provide the address required under
paragraph (1)(F).
‘‘(3) CENTRAL ADDRESS FILES.—The Attorney
General shall create a system to record and preserve
on a timely basis notices of addresses and telephone
numbers (and changes) provided under paragraph
(1)(F).
‘‘(b) SECURING OF COUNSEL.—
‘‘(1) IN GENERAL.—In order that an alien be
permitted the opportunity to secure counsel before
the first hearing date in proceedings under section
240, the hearing date shall not be scheduled earlier
than 10 days after the service of the notice to ap-
pear, unless the alien requests in writing an earlier
hearing date.
‘‘(2) CURRENT LISTS OF COUNSEL.—The Attor-
ney General shall provide for lists (updated not less
often than quarterly) of persons who have indicated
their availability to represent pro bono aliens in pro-
ceedings under section 240. Such lists shall be pro-
vided under subsection (a)(1)(E) and otherwise
made generally available.
‘‘(c) SERVICE BY MAIL.—Service by mail under this
section shall be sufficient if there is proof of attempted
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delivery to the last address provided by the alien in accord-
ance with subsection (a)(1)(F).
‘‘(d) PROMPT INITIATION OF REMOVAL.—(1) In the
case of an alien who is convicted of an offense which
makes the alien deportable, the Attorney General shall
begin any removal proceeding as expeditiously as possible
after the date of the conviction.
‘‘(2) Nothing in this subsection shall be construed to
create any substantive or procedural right or benefit that
is legally enforceable by any party against the United
States or its agencies or officers or any other person.
‘‘REMOVAL PROCEEDINGS
‘‘SEC. 240. (a) PROCEEDING.—
‘‘(1) IN GENERAL.—An immigration judge shall
conduct proceedings for deciding the inadmissibility
or deportability of an alien.
‘‘(2) CHARGES.—An alien placed in proceedings
under this section may be charged with any applica-
ble ground of inadmissibility under section 212(a) or
any applicable ground of deportability under section
237(a).
‘‘(3) EXCLUSIVE PROCEDURES.—Unless other-
wise specified in this Act, a proceeding under this
section shall be the sole and exclusive procedure for
determining whether an alien may be admitted to
the United States or, if the alien has been so admit-
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ted, removed from the United States. Nothing in
this section shall affect proceedings conducted pur-
suant to section 238.
‘‘(b) CONDUCT OF PROCEEDING.—
‘‘(1) AUTHORITY
OF
IMMIGRATION
JUDGE.—
The immigration judge shall administer oaths, re-
ceive evidence, and interrogate, examine, and cross-
examine the alien and any witnesses. The immigra-
tion judge may issue subpoenas for the attendance
of witnesses and presentation of evidence. The immi-
gration judge shall have authority (under regulations
prescribed by the Attorney General) to sanction by
civil money penalty any action (or inaction) in con-
tempt of the judge’s proper exercise of authority
under this Act.
‘‘(2) FORM OF PROCEEDING.—
‘‘(A) IN GENERAL.—The proceeding may
take place—
‘‘(i) in person,
‘‘(ii) through video conference, or
‘‘(iii) subject to subparagraph (B),
through telephone conference.
‘‘(B) CONSENT
REQUIRED
IN
CERTAIN
CASES.—An evidentiary hearing on the merits
may only be conducted through a telephone con-
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ference with the consent of the alien involved
after the alien has been advised of the right to
proceed in person or through video conference.
‘‘(3) PRESENCE OF ALIEN.—If it is impractica-
ble by reason of an alien’s mental incompetency for
the alien to be present at the proceeding, the Attor-
ney General shall prescribe safeguards to protect the
rights and privileges of the alien.
‘‘(4) ALIENS RIGHTS IN PROCEEDING.—In pro-
ceedings under this section, under regulations of the
Attorney General—
‘‘(A) the alien shall have the privilege of
being represented, at no expense to the Govern-
ment, by counsel of the alien’s choosing who is
authorized to practice in such proceedings,
‘‘(B) the alien shall have a reasonable op-
portunity to examine the evidence against the
alien, to present evidence on the alien’s own be-
half, and to cross-examine witnesses presented
by the Government, and
‘‘(C) a complete record shall be kept of all
testimony and evidence produced at the pro-
ceeding.
‘‘(5) CONSEQUENCES
OF
FAILURE
TO
AP-
PEAR.—
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‘‘(A) IN GENERAL.—Any alien who, after
written notice required under paragraph (1) or
(2) of section 239(a) has been provided to the
alien or the alien’s counsel of record, does not
attend a proceeding under this section, shall be
ordered removed in absentia if the Service es-
tablishes by clear, unequivocal, and convincing
evidence that the written notice was so provided
and that the alien is removable (as defined in
subsection (e)(2)). The written notice by the
Attorney General shall be considered sufficient
for purposes of this subparagraph if provided at
the most recent address provided under section
239(a)(1)(F).
‘‘(B) NO NOTICE IF FAILURE TO PROVIDE
ADDRESS
INFORMATION.—No written notice
shall be required under subparagraph (A) if the
alien has failed to provide the address required
under section 239(a)(1)(F).
‘‘(C) RESCISSION
OF
ORDER.—Such an
order may be rescinded only—
‘‘(i) upon a motion to reopen filed
within 180 days after the date of the order
of removal if the alien demonstrates that
the failure to appear was because of excep-
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tional circumstances (as defined in sub-
section (e)(1)), or
‘‘(ii) upon a motion to reopen filed at
any time if the alien demonstrates that the
alien did not receive notice in accordance
with paragraph (1) or (2) of section 239(a)
or the alien demonstrates that the alien
was in Federal or State custody and did
not appear through no fault of the alien.
The filing of the motion to reopen described in
clause (i) or (ii) shall stay the removal of the
alien pending disposition of the motion.
‘‘(D) EFFECT ON JUDICIAL REVIEW.—Any
petition for review under section 242 of an
order entered in absentia under this paragraph
shall (except in cases described in section
242(b)(5)) be confined to (i) the validity of the
notice provided to the alien, (ii) the reasons for
the alien’s not attending the proceeding, and
(iii) whether or not the alien is removable.
‘‘(6) TREATMENT OF FRIVOLOUS BEHAVIOR.—
The Attorney General shall, by regulation—
‘‘(A) define in a proceeding before an im-
migration judge or before an appellate adminis-
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trative body under this title, frivolous behavior
for which attorneys may be sanctioned,
‘‘(B) specify the circumstances under
which an administrative appeal of a decision or
ruling will be considered frivolous and will be
summarily dismissed, and
‘‘(C) impose appropriate sanctions (which
may include suspension and disbarment) in the
case of frivolous behavior.
Nothing in this paragraph shall be construed as lim-
iting the authority of the Attorney General to take
actions with respect to inappropriate behavior.
‘‘(7) LIMITATION
ON
DISCRETIONARY
RELIEF
FOR FAILURE TO APPEAR.—Any alien against whom
a final order of removal is entered in absentia under
this subsection and who, at the time of the notice
described in paragraph (1) or (2) of section 239(a),
was provided oral notice, either in the alien’s native
language or in another language the alien under-
stands, of the time and place of the proceedings and
of the consequences under this paragraph of failing,
other than because of exceptional circumstances (as
defined in subsection (e)(1)) to attend a proceeding
under this section, shall not be eligible for relief
under section 240A, 240B, 245, 248, or 249 for a
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period of 10 years after the date of the entry of the
final order of removal.
‘‘(c) DECISION AND BURDEN OF PROOF.—
‘‘(1) DECISION.—
‘‘(A) IN GENERAL.—At the conclusion of
the proceeding the immigration judge shall de-
cide whether an alien is removable from the
United States. The determination of the immi-
gration judge shall be based only on the evi-
dence produced at the hearing.
‘‘(B) CERTAIN MEDICAL DECISIONS.—If a
medical officer or civil surgeon or board of med-
ical officers has certified under section 232(b)
that an alien has a disease, illness, or addiction
which would make the alien inadmissible under
paragraph (1) of section 212(a), the decision of
the immigration judge shall be based solely
upon such certification.
‘‘(2) BURDEN
ON
ALIEN.—In the proceeding
the alien has the burden of establishing—
‘‘(A) if the alien is an applicant for admis-
sion, that the alien is clearly and beyond doubt
entitled to be admitted and is not inadmissible
under section 212; or
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‘‘(B) by clear and convincing evidence, that
the alien is lawfully present in the United
States pursuant to a prior admission.
In meeting the burden of proof under subparagraph
(B), the alien shall have access to the alien’s visa or
other entry document, if any, and any other records
and documents, not considered by the Attorney Gen-
eral to be confidential, pertaining to the alien’s ad-
mission or presence in the United States.
‘‘(3) BURDEN ON SERVICE IN CASES OF DE-
PORTABLE ALIENS.—In the proceeding the Service
has the burden of establishing by clear and convinc-
ing evidence that, in the case of an alien who has
been admitted to the United States, the alien is de-
portable. No decision on deportability shall be valid
unless it is based upon reasonable, substantial, and
probative evidence.
‘‘(4) NOTICE.—If the immigration judge de-
cides that the alien is removable and orders the alien
to be removed, the judge shall inform the alien of
the right to appeal that decision and of the con-
sequences for failure to depart under the order of re-
moval, including civil and criminal penalties.
‘‘(5) MOTIONS TO RECONSIDER.—
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‘‘(A) IN GENERAL.—The alien may file one
motion to reconsider a decision that the alien is
removable from the United States.
‘‘(B) DEADLINE.—The motion must be
filed within 30 days of the date of entry of a
final administrative order of removal.
‘‘(C) CONTENTS.—The motion shall speci-
fy the errors of law or fact in the previous order
and shall be supported by pertinent authority.
‘‘(6) MOTIONS TO REOPEN.—
‘‘(A) IN GENERAL.—An alien may file one
motion to reopen proceedings under this sec-
tion.
‘‘(B) CONTENTS.—The motion to reopen
shall state the new facts that will be proven at
a hearing to be held if the motion is granted,
and shall be supported by affidavits or other
evidentiary material.
‘‘(C) DEADLINE.—
‘‘(i) IN
GENERAL.—Except as pro-
vided in this subparagraph, the motion to
reopen shall be filed within 90 days of the
date of entry of a final administrative
order of removal.
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‘‘(ii) ASYLUM.—There is no time limit
on the filing of a motion to reopen if the
basis of the motion is to apply for relief
under sections 208 or 241(b)(3) and is
based on changed country conditions aris-
ing in the country of nationality or the
country to which removal has been or-
dered, if such evidence is material and was
not available and would not have been dis-
covered or presented at the previous pro-
ceeding.
‘‘(iii) FAILURE
TO
APPEAR.—A mo-
tion to reopen may be filed within 180
days after the date of the final order of re-
moval if the order has been entered pursu-
ant to subsection (b)(5) due to the alien’s
failure to appear for proceedings under
this section and the alien establishes that
the alien’s failure to appear was because of
exceptional circumstances beyond the con-
trol of the alien or because the alien did
not receive the notice required under sec-
tion 239(a)(2).
‘‘(d) STIPULATED REMOVAL.—The Attorney General
shall provide by regulation for the entry by an immigration
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‘‘(1) has been an alien lawfully admitted for
permanent residence for not less than 5 years,
‘‘(2) has resided in the United States continu-
ously for 7 years after having been admitted in any
status, and
‘‘(3) has not been convicted of an aggravated
felony or felonies for which the alien has been sen-
tenced, in the aggregate, to a term of imprisonment
of at least 5 years.
‘‘(b) CANCELLATION OF REMOVAL AND ADJUSTMENT
OF
STATUS
FOR
CERTAIN
NONPERMANENT
RESI-
DENTS.—
‘‘(1) IN GENERAL.—The Attorney General may
cancel removal in the case of an alien who is deport-
able from the United States if the alien—
‘‘(A) has been physically present in the
United States for a continuous period of not
less than 7 years immediately preceding the
date of such application;
‘‘(B) has been a person of good moral
character during such period;
‘‘(C) has not been convicted of an aggra-
vated felony; and
‘‘(D) establishes that removal would result
in extreme hardship to the alien or to the
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alien’s spouse, parent, or child, who is a citizen
of the United States or an alien lawfully admit-
ted for permanent residence.
‘‘(2) SPECIAL RULE FOR BATTERED SPOUSE OR
CHILD.—The Attorney General may cancel removal
in the case of an alien who is inadmissible or deport-
able from the United States if the alien—
‘‘(A) has been battered or subjected to ex-
treme cruelty in the United States by a spouse
or parent who is a United States citizen or law-
ful permanent resident (or is the parent of a
child of a United States citizen or lawful per-
manent resident and the child has been bat-
tered or subjected to extreme cruelty in the
United States by such citizen or permanent
resident parent);
‘‘(B) has been physically present in the
United States for a continuous period of not
less than 3 years immediately preceding the
date of such application;
‘‘(C) has been a person of good moral
character during such period;
‘‘(D) is not inadmissible under paragraph
(2) or (3) of section 212(a), is not deportable
under paragraph (1)(G) or (2) through (4) of
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section 237(a), and has not been convicted of
an aggravated felony; and
‘‘(E) establishes that removal would result
in extreme hardship to the alien, the alien’s
child, or (in the case of an alien who is a child)
to the alien’s parent.
In acting on applications under this paragraph, the
Attorney General shall consider any credible evi-
dence relevant to the application. The determination
of what evidence is credible and the weight to be
given that evidence shall be within the sole discretion
of the Attorney General.
‘‘(3) ADJUSTMENT OF STATUS.—The Attorney
General may adjust to the status of an alien lawfully
admitted for permanent residence any alien who the
Attorney General determines meets the requirements
of paragraph (1) or (2). The number of adjustments
under this paragraph shall not exceed 4,000 for any
fiscal year. The Attorney General shall record the
alien’s lawful admission for permanent residence as
of the date the Attorney General’s cancellation of re-
moval under paragraph (1) or (2) or determination
under this paragraph.
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‘‘(c) ALIENS INELIGIBLE FOR RELIEF.—The provi-
sions of subsections (a) and (b)(1) shall not apply to any
of the following aliens:
‘‘(1) An alien who entered the United States as
a crewman subsequent to June 30, 1964.
‘‘(2) An alien who was admitted to the United
States as a nonimmigrant exchange alien as defined
in section 101(a)(15)(J), or has acquired the status
of such a nonimmigrant exchange alien after admis-
sion, in order to receive graduate medical education
or training, regardless of whether or not the alien is
subject to or has fulfilled the two-year foreign resi-
dence requirement of section 212(e).
‘‘(3) An alien who—
‘‘(A) was admitted to the United States as
a nonimmigrant exchange alien as defined in
section 101(a)(15)(J) or has acquired the sta-
tus of such a nonimmigrant exchange alien
after admission other than to receive graduate
medical education or training,
‘‘(B) is subject to the two-year foreign res-
idence requirement of section 212(e), and
‘‘(C) has not fulfilled that requirement or
received a waiver thereof.
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‘‘(4) An alien who is inadmissible under section
212(a)(3) or deportable under subparagraph (B) or
(D) of section 237(a)(4).
‘‘(d) SPECIAL RULES RELATING
TO CONTINUOUS
RESIDENCE OR PHYSICAL PRESENCE.—
‘‘(1) TERMINATION OF CONTINUOUS PERIOD.—
For purposes of this section, any period of continu-
ous residence or continuous physical presence in the
United States shall be deemed to end when the alien
is served a notice to appear under section 239(a).
‘‘(2) TREATMENT
OF
CERTAIN
BREAKS
IN
PRESENCE.—An alien shall be considered to have
failed to maintain continuous physical presence in
the United States under subsections (b)(1) and
(b)(2) if the alien has departed from the United
States for any periods in the aggregate exceeding
180 days, unless the Attorney General finds that re-
turn could not be accomplished within that time pe-
riod due to emergent reasons.
‘‘(3) CONTINUITY NOT REQUIRED BECAUSE OF
HONORABLE SERVICE IN ARMED FORCES AND PRES-
ENCE
UPON
ENTRY
INTO
SERVICE.—The require-
ments of continuous residence or continuous physical
presence in the United States under subsections (a)
and (b) shall not apply to an alien who—
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‘‘(A) has served for a minimum period of
24 months in an active-duty status in the
Armed Forces of the United States and, if sep-
arated from such service, was separated under
honorable conditions, and
‘‘(B) at the time of the alien’s enlistment
or induction was in the United States.
‘‘(e) ANNUAL LIMITATION.—The Attorney General
may not cancel the removal and adjust the status under
this section, nor suspend the deportation and adjust the
status under section 244(a) (as in effect before the enact-
ment of the Immigration in the National Interest Act of
1996), of a total of more than 4,000 aliens in any fiscal
year. The previous sentence shall apply regardless of when
an alien applied for such cancellation and adjustment and
whether such an alien had previously applied for suspen-
sion of deportation under such section 244(a).
‘‘VOLUNTARY DEPARTURE
‘‘SEC. 240B. (a) CERTAIN CONDITIONS.—
‘‘(1) IN GENERAL.—The Attorney General may
permit an alien voluntarily to depart the United
States at the alien’s own expense under this sub-
section, in lieu of being subject to proceedings under
section 240 or prior to the completion of such pro-
ceedings, if the alien is not deportable under section
237(a)(2)(A)(iii) or section 237(a)(4)(B).
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‘‘(2) PERIOD.—Permission to depart voluntarily
under this subsection shall not be valid for a period
exceeding 120 days.
‘‘(3) BOND.—The Attorney General may re-
quire an alien permitted to depart voluntarily under
this subsection to post a voluntary departure bond,
to be surrendered upon proof that the alien has de-
parted the United States within the time specified.
‘‘(4) TREATMENT OF ALIENS ARRIVING IN THE
UNITED STATES.—In the case of an alien who is ar-
riving in the United States and with respect to
whom proceedings under section 240 are (or would
otherwise be) initiated at the time of such alien’s ar-
rival, paragraph (1) shall not apply. Nothing in this
paragraph shall be construed as preventing such an
alien from withdrawing the application for admission
in accordance with section 235(a)(4).
‘‘(b) AT CONCLUSION OF PROCEEDINGS.—
‘‘(1) IN GENERAL.—The Attorney General may
permit an alien voluntarily to depart the United
States at the alien’s own expense if, at the conclu-
sion of a proceeding under section 240, the immigra-
tion judge enters an order granting voluntary depar-
ture in lieu of removal and finds that—
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‘‘(A) the alien has been physically present
in the United States for a period of at least one
year immediately preceding the date the notice
to appear was served under section 239(a);
‘‘(B) the alien is, and has been, a person
of good moral character for at least 5 years im-
mediately preceding the alien’s application for
voluntary departure;
‘‘(C) the alien is not deportable under sec-
tion 237(a)(2)(A)(iii) or section 237(a)(4); and
‘‘(D) the alien has established by clear and
convincing evidence that the alien has the
means to depart the United States and intends
to do so.
‘‘(2) PERIOD.—Permission to depart voluntarily
under this subsection shall not be valid for a period
exceeding 60 days.
‘‘(3) BOND.—An alien permitted to depart vol-
untarily under this subsection shall be required to
post a voluntary departure bond, in an amount nec-
essary to ensure that the alien will depart, to be sur-
rendered upon proof that the alien has departed the
United States within the time specified.
‘‘(c) ALIENS NOT ELIGIBLE.—The Attorney General
shall not permit an alien to depart voluntarily under this
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section if the alien was previously permitted to so depart
after having been found inadmissible under section
212(a)(9).
‘‘(d) CIVIL PENALTY FOR FAILURE TO DEPART.—
If an alien is permitted to depart voluntarily under this
section and fails voluntarily to depart the United States
within the time period specified, the alien shall be subject
to a civil penalty of not less than $1,000 and not more
than $5,000, and be ineligible for a period of 10 years
for any further relief under this section and sections 240A,
245, 248, and 249.
‘‘(e) ADDITIONAL CONDITIONS.—The Attorney Gen-
eral may by regulation limit eligibility for voluntary depar-
ture under this section for any class or classes of aliens.
‘‘(f) APPEALS OF DENIALS.—An alien may appeal
from denial of a request for an order of voluntary depar-
ture under subsection (b) in accordance with the proce-
dures in section 242. Notwithstanding the pendency of
such appeal, the alien shall be removable from the United
States 60 days after entry of the order of removal. The
alien’s removal from the United States shall not moot the
appeal.’’.
(b) REPEAL OF SECTION 212(c).—Section 212(c) (8
U.S.C. 1182(c)) is repealed.
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SEC. 305. DETENTION AND REMOVAL OF ALIENS ORDERED
REMOVED (NEW SECTION 241).
(a) IN GENERAL.—Title II is further amended—
(1) by striking section 237 (8 U.S.C. 1227),
(2) by redesignating section 241 (8 U.S.C.
1251) as section 237 and by moving such section to
immediately follow section 236, and
(3) by inserting after section 240C (as redesig-
nated by section 304(a)(2)) the following new sec-
tion:
‘‘DETENTION AND REMOVAL OF ALIENS ORDERED
REMOVED
‘‘SEC. 241. (a) DETENTION, RELEASE, AND RE-
MOVAL OF ALIENS ORDERED REMOVED.—
‘‘(1) REMOVAL PERIOD.—
‘‘(A) IN GENERAL.—Except as otherwise
provided in this section, when an alien is or-
dered removed, the Attorney General shall re-
move the alien from the United States within a
period of 90 days (in this section referred to as
the ‘removal period’).
‘‘(B) BEGINNING
OF
PERIOD.—The re-
moval period begins on the latest of the follow-
ing:
‘‘(i) The date the order of removal be-
comes administratively final.
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‘‘(ii) If the removal order is judicially
reviewed and such review serves to stay the
removal of the alien, the date of the court’s
final order.
‘‘(iii) If the alien is detained or con-
fined (except under an immigration proc-
ess), the date the alien is released from de-
tention or confinement.
‘‘(C) SUSPENSION
OF
PERIOD.—The re-
moval period shall be extended beyond a period
of 90 days and the alien may remain in deten-
tion during such extended period if the alien
willfully fails or refuses to make timely applica-
tion in good faith for travel or other documents
necessary to the alien’s departure or conspires
or acts to prevent the alien’s removal subject to
an order of removal.
‘‘(2) DETENTION AND RELEASE BY THE ATTOR-
NEY GENERAL.—During the removal period, the At-
torney General shall detain the alien. If there is in-
sufficient detention space to detain the alien, the At-
torney General shall make a specific finding to this
effect and may release the alien on a bond contain-
ing such conditions as the Attorney General may
prescribe.
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‘‘(3) SUPERVISION AFTER 90-DAY PERIOD.—If
the alien does not leave or is not removed within the
removal period, the alien, pending removal, shall be
subject to supervision under regulations prescribed
by the Attorney General. The regulations shall in-
clude provisions requiring the alien—
‘‘(A) to appear before an immigration offi-
cer periodically for identification;
‘‘(B) to submit, if necessary, to a medical
and psychiatric examination at the expense of
the United States Government;
‘‘(C) to give information under oath about
the alien’s nationality, circumstances, habits,
associations, and activities, and other informa-
tion the Attorney General considers appro-
priate; and
‘‘(D) to obey reasonable written restric-
tions on the alien’s conduct or activities that
the Attorney General prescribes for the alien.
‘‘(4) ALIENS IMPRISONED, ARRESTED, OR ON
PAROLE, SUPERVISED RELEASE, OR PROBATION.—
‘‘(A) IN GENERAL.—Except as provided in
section 343(a) of the Public Health Service Act
(42 U.S.C. 259(a)) and paragraph (2), the At-
torney General may not remove an alien who is
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sentenced to imprisonment until the alien is re-
leased from imprisonment. Parole, supervised
release, probation, or possibility of arrest or
further imprisonment is not a reason to defer
removal.
‘‘(B) EXCEPTION FOR REMOVAL OF NON-
VIOLENT
OFFENDERS
PRIOR
TO
COMPLETION
OF SENTENCE OF IMPRISONMENT.—The Attor-
ney General is authorized to remove an alien in
accordance with applicable procedures under
this Act before the alien has completed a sen-
tence of imprisonment—
‘‘(i) in the case of an alien in the cus-
tody of the Attorney General, if the Attor-
ney General determines that (I) the alien
is confined pursuant to a final conviction
for a nonviolent offense (other than an of-
fense related to smuggling or harboring of
aliens) and (II) the removal of the alien is
appropriate and in the best interest of the
United States; or
‘‘(ii) in the case of an alien in the cus-
tody of a State (or a political subdivision
of a State), if the chief State official exer-
cising authority with respect to the incar-
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ceration of the alien determines that (I)
the alien is confined pursuant to a final
conviction for a nonviolent offense, (II) the
removal is appropriate and in the best in-
terest of the State, and (III) submits a
written request to the Attorney General
that such alien be so removed.
‘‘(C) NOTICE.—Any alien removed pursu-
ant to this paragraph shall be notified of the
penalties under the laws of the United States
relating to the reentry of deported aliens, par-
ticularly the expanded penalties for aliens re-
moved under subparagraph (B).
‘‘(5) REINSTATEMENT
OF
REMOVAL
ORDERS
AGAINST ALIENS ILLEGALLY REENTERING.—If the
Attorney General finds that an alien has reentered
the United States illegally after having been removed
or having departed voluntarily, under an order of re-
moval, the prior order of removal is reinstated from
its original date and is not subject to being reopened
or reviewed, and the alien shall be removed under
the prior order at any time after the reentry.
‘‘(6) INADMISSIBLE ALIENS.—An alien ordered
removed who is inadmissible under section 212 may
be detained beyond the removal period and, if re-
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leased, shall be subject to the terms of supervision
in paragraph (3).
‘‘(7) EMPLOYMENT AUTHORIZATION.—No alien
ordered removed shall be eligible to receive author-
ization to be employed in the United States unless
the Attorney General makes a specific finding that—
‘‘(A) the alien cannot be removed due to
the refusal of all countries designated by the
alien or under this section to receive the alien,
or
‘‘(B) the removal of the alien is otherwise
impracticable or contrary to the public interest.
‘‘(b) COUNTRIES TO WHICH ALIENS MAY BE RE-
MOVED.—
‘‘(1) ALIENS
ARRIVING
AT
THE
UNITED
STATES.—Subject to paragraph (3)—
‘‘(A) IN GENERAL.—Except as provided by
subparagraphs (B) and (C), an alien who ar-
rives at the United States and with respect to
whom proceedings under section 240 were initi-
ated at the time of such alien’s arrival shall be
removed to the country in which the alien
boarded the vessel or aircraft on which the alien
arrived in the United States.
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‘‘(B) TRAVEL FROM CONTIGUOUS TERRI-
TORY.—If the alien boarded the vessel or air-
craft on which the alien arrived in the United
States in a foreign territory contiguous to the
United States, an island adjacent to the United
States, or an island adjacent to a foreign terri-
tory contiguous to the United States, and the
alien is not a native, citizen, subject, or national
of, or does not reside in, the territory or island,
removal shall be to the country in which the
alien boarded the vessel that transported the
alien to the territory or island.
‘‘(C) ALTERNATIVE
COUNTRIES.—If the
government of the country designated in sub-
paragraph (A) or (B) is unwilling to accept the
alien into that country’s territory, removal shall
be to any of the following countries, as directed
by the Attorney General:
‘‘(i) The country of which the alien is
a citizen, subject, or national.
‘‘(ii) The country in which the alien
was born.
‘‘(iii) The country in which the alien
has a residence.
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‘‘(iv) A country with a government
that will accept the alien into the country’s
territory if removal to each country de-
scribed in a previous clause of this sub-
paragraph is impracticable, inadvisable, or
impossible.
‘‘(2) OTHER
ALIENS.—Subject to paragraph
(3)—
‘‘(A) 
SELECTION
OF
COUNTRY
BY
ALIEN.—Except as otherwise provided in this
paragraph—
‘‘(i) any alien not described in para-
graph (1) who has been ordered removed
may designate one country to which the
alien wants to be removed, and
‘‘(ii) the Attorney General shall re-
move the alien to the country the alien so
designates.
‘‘(B) LIMITATION
ON
DESIGNATION.—An
alien may designate under subparagraph (A)(i)
a foreign territory contiguous to the United
States, an adjacent island, or an island adja-
cent to a foreign territory contiguous to the
United States as the place to which the alien is
to be removed only if the alien is a native, citi-
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zen, subject, or national of, or has resided in,
that designated territory or island.
‘‘(C) DISREGARDING
DESIGNATION.—The
Attorney General may disregard a designation
under subparagraph (A)(i) if—
‘‘(i) the alien fails to designate a
country promptly;
‘‘(ii) the government of the country
does not inform the Attorney General fi-
nally, within 30 days after the date the At-
torney General first inquires, whether the
government will accept the alien into the
country;
‘‘(iii) the government of the country is
not willing to accept the alien into the
country; or
‘‘(iv) the Attorney General decides
that removing the alien to the country is
prejudicial to the United States.
‘‘(D) ALTERNATIVE COUNTRY.—If an alien
is not removed to a country designated under
subparagraph (A)(i), the Attorney General shall
remove the alien to a country of which the alien
is a subject, national, or citizen unless the gov-
ernment of the country—
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‘‘(i) does not inform the Attorney
General or the alien finally, within 30 days
after the date the Attorney General first
inquires or within another period of time
the Attorney General decides is reasonable,
whether the government will accept the
alien into the country; or
‘‘(ii) is not willing to accept the alien
into the country.
‘‘(E) ADDITIONAL REMOVAL COUNTRIES.—
If an alien is not removed to a country under
the previous subparagraphs of this paragraph,
the Attorney General shall remove the alien to
any of the following countries:
‘‘(i) The country from which the alien
was admitted to the United States.
‘‘(ii) The country in which is located
the foreign port from which the alien left
for the United States or for a foreign terri-
tory contiguous to the United States.
‘‘(iii) A country in which the alien re-
sided before the alien entered the country
from which the alien entered the United
States.
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‘‘(iv) The country in which the alien
was born.
‘‘(v) The country that had sovereignty
over the alien’s birthplace when the alien
was born.
‘‘(vi) The country in which the alien’s
birthplace is located when the alien is or-
dered removed.
‘‘(vii) If impracticable, inadvisable, or
impossible to remove the alien to each
country described in a previous clause of
this subparagraph, another country whose
government will accept the alien into that
country.
‘‘(F) REMOVAL
COUNTRY
WHEN
UNITED
STATES IS AT WAR.—When the United States is
at war and the Attorney General decides that it
is impracticable, inadvisable, inconvenient, or
impossible to remove an alien under this sub-
section because of the war, the Attorney Gen-
eral may remove the alien—
‘‘(i) to the country that is host to a
government in exile of the country of which
the alien is a citizen or subject if the gov-
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ernment of the host country will permit the
alien’s entry; or
‘‘(ii) if the recognized government of
the country of which the alien is a citizen
or subject is not in exile, to a country, or
a political or territorial subdivision of a
country, that is very near the country of
which the alien is a citizen or subject, or,
with the consent of the government of the
country of which the alien is a citizen or
subject, to another country.
‘‘(3) RESTRICTION ON REMOVAL TO A COUNTRY
WHERE
ALIEN’S
LIFE
OR
FREEDOM
WOULD
BE
THREATENED.—
‘‘(A) 
IN
GENERAL.—Notwithstanding
paragraphs (1) and (2), the Attorney General
may not remove an alien to a country if the At-
torney General decides that the alien’s life or
freedom would be threatened in that country
because of the alien’s race, religion, nationality,
membership in a particular social group, or po-
litical opinion.
‘‘(B) 
EXCEPTION.—Subparagraph 
(A)
does not apply to an alien deportable under sec-
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tion 237(a)(4)(D) or if the Attorney General
decides that—
‘‘(i) the alien ordered, incited, as-
sisted, or otherwise participated in the per-
secution of an individual because of the in-
dividual’s race, religion, nationality, mem-
bership in a particular social group, or po-
litical opinion;
‘‘(ii) the alien, having been convicted
by a final judgment of a particularly seri-
ous crime is a danger to the community of
the United States;
‘‘(iii) there are serious reasons to be-
lieve that the alien committed a serious
nonpolitical crime outside the United
States before the alien arrived in the Unit-
ed States; or
‘‘(iv) there are reasonable grounds to
believe that the alien is a danger to the se-
curity of the United States.
For purposes of clause (ii), an alien who has
been convicted of an aggravated felony (or felo-
nies) for which the alien has been sentenced to
an aggregate term of imprisonment of at least
5 years shall be considered to have committed
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a particularly serious crime. For purposes of
clause (iv), an alien who is described in section
237(a)(4)(B) shall be considered to be an alien
with respect to whom there are reasonable
grounds for regarding as a danger to the secu-
rity of the United States.
‘‘(c) REMOVAL OF ALIENS ARRIVING AT PORT OF
ENTRY.—
‘‘(1) VESSELS AND AIRCRAFT.—An alien arriv-
ing at a port of entry of the United States who is
ordered removed either without a hearing under sec-
tion 235(a)(1) or 235(c) or pursuant to proceedings
under section 240 initiated at the time of such
alien’s arrival shall be removed immediately on a
vessel or aircraft owned by the owner of the vessel
or aircraft on which the alien arrived in the United
States, unless—
‘‘(A) it is impracticable to remove the alien
on one of those vessels or aircraft within a rea-
sonable time, or
‘‘(B) the alien is a stowaway—
‘‘(i) who has been ordered removed in
accordance with section 235(a)(1),
‘‘(ii) who has requested asylum, and
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‘‘(iii) whose application has not been
adjudicated or whose asylum application
has been denied but who has not exhausted
all appeal rights.
‘‘(2) STAY OF REMOVAL.—
‘‘(A) IN GENERAL.—The Attorney General
may stay the removal of an alien under this
subsection if the Attorney General decides
that—
‘‘(i) immediate removal is not prac-
ticable or proper; or
‘‘(ii) the alien is needed to testify in
the prosecution of a person for a violation
of a law of the United States or of any
State.
‘‘(B) PAYMENT OF DETENTION COSTS.—
During the period an alien is detained because
of a stay of removal under subparagraph
(A)(ii), the Attorney General may pay from the
appropriation ‘Immigration and Naturalization
Service—Salaries and Expenses’—
‘‘(i) the cost of maintenance of the
alien; and
‘‘(ii) a witness fee of $1 a day.
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‘‘(C) RELEASE DURING STAY.—The Attor-
ney General may release an alien whose removal
is stayed under subparagraph (A)(ii) on—
‘‘(i) the alien’s filing a bond of at
least $500 with security approved by the
Attorney General;
‘‘(ii) condition that the alien appear
when required as a witness and for re-
moval; and
‘‘(iii) other conditions the Attorney
General may prescribe.
‘‘(3) COSTS OF DETENTION AND MAINTENANCE
PENDING REMOVAL.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B) and subsection (d), an owner
of a vessel or aircraft bringing an alien to the
United States shall pay the costs of detaining
and maintaining the alien—
‘‘(i) while the alien is detained under
subsection (d)(1), and
‘‘(ii) in the case of an alien who is a
stowaway, while the alien is being detained
pursuant to—
‘‘(I) 
subsection 
(d)(2)(A) 
or
(d)(2)(B)(i),
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‘‘(II) subsection (d)(2)(B)(ii) or
(iii) for the period of time reasonably
necessary for the owner to arrange for
repatriation or removal of the stow-
away, including obtaining necessary
travel documents, but not to extend
beyond the date on which it is
ascertained that such travel docu-
ments cannot be obtained from the
country to which the stowaway is to
be returned, or
‘‘(III) section 235(b)(1)(B)(ii),
for a period not to exceed 15 days
(excluding Saturdays, Sundays, and
holidays) commencing on the first
such day which begins on the earlier
of 72 hours after the time of the ini-
tial presentation of the stowaway for
inspection or at the time the stow-
away is determined to have a credible
fear of persecution.
‘‘(B) 
NONAPPLICATION.—Subparagraph
(A) shall not apply if—
‘‘(i) the alien is a crewmember;
‘‘(ii) the alien has an immigrant visa;
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‘‘(iii) the alien has a nonimmigrant
visa or other documentation authorizing
the alien to apply for temporary admission
to the United States and applies for admis-
sion not later than 120 days after the date
the visa or documentation was issued;
‘‘(iv) the alien has a reentry permit
and applies for admission not later than
120 days after the date of the alien’s last
inspection and admission;
‘‘(v)(I) the alien has a nonimmigrant
visa or other documentation authorizing
the alien to apply for temporary admission
to the United States or a reentry permit;
‘‘(II) the alien applies for admission
more than 120 days after the date the visa
or documentation was issued or after the
date of the last inspection and admission
under the reentry permit; and
‘‘(III) the owner of the vessel or air-
craft satisfies the Attorney General that
the existence of the condition relating to
inadmissibility could not have been discov-
ered by exercising reasonable care before
the alien boarded the vessel or aircraft; or
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‘‘(vi) the individual claims to be a na-
tional of the United States and has a Unit-
ed States passport.
‘‘(d) REQUIREMENTS
OF
PERSONS
PROVIDING
TRANSPORTATION.—
‘‘(1) REMOVAL
AT
TIME
OF
ARRIVAL.—An
owner, agent, master, commanding officer, person in
charge, purser, or consignee of a vessel or aircraft
bringing an alien (except an alien crewmember) to
the United States shall—
‘‘(A) receive an alien back on the vessel or
aircraft or another vessel or aircraft owned or
operated by the same interests if the alien is or-
dered removed under this part; and
‘‘(B) take the alien to the foreign country
to which the alien is ordered removed.
‘‘(2) ALIEN
STOWAWAYS.—An owner, agent,
master, commanding officer, charterer, or consignee
of a vessel or aircraft arriving in the United States
with an alien stowaway—
‘‘(A) shall detain the alien on board the
vessel or aircraft, or at such place as the Attor-
ney General shall designate, until completion of
the inspection of the alien by an immigration
officer;
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‘‘(B) may not permit the stowaway to land
in the United States, except pursuant to regula-
tions of the Attorney General temporarily—
‘‘(i) for medical treatment,
‘‘(ii) for detention of the stowaway by
the Attorney General, or
‘‘(iii) for departure or removal of the
stowaway; and
‘‘(C) if ordered by an immigration officer,
shall remove the stowaway on the vessel or air-
craft or on another vessel or aircraft.
The Attorney General shall grant a timely request to
remove the stowaway under subparagraph (C) on a
vessel or aircraft other than that on which the stow-
away arrived if the requester has obtained any travel
documents necessary for departure or repatriation of
the stowaway and removal of the stowaway will not
be unreasonably delayed.
‘‘(3) REMOVAL
UPON
ORDER.—An owner,
agent, master, commanding officer, person in
charge, purser, or consignee of a vessel, aircraft, or
other transportation line shall comply with an order
of the Attorney General to take on board, guard
safely, and transport to the destination specified any
alien ordered to be removed under this Act.
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‘‘(e) PAYMENT OF EXPENSES OF REMOVAL.—
‘‘(1) COSTS OF REMOVAL AT TIME OF ARRIV-
AL.—In the case of an alien who is a stowaway or
who is ordered removed either without a hearing
under section 235(a)(1) or 235(c) or pursuant to
proceedings under section 240 initiated at the time
of such alien’s arrival, the owner of the vessel or air-
craft (if any) on which the alien arrived in the Unit-
ed States shall pay the transportation cost of remov-
ing the alien. If removal is on a vessel or aircraft not
owned by the owner of the vessel or aircraft on
which the alien arrived in the United States, the At-
torney General may—
‘‘(A) pay the cost from the appropriation
‘Immigration and Naturalization Service—Sala-
ries and Expenses’; and
‘‘(B) recover the amount of the cost in a
civil action from the owner, agent, or consignee
of the vessel or aircraft (if any) on which the
alien arrived in the United States.
‘‘(2) COSTS OF REMOVAL TO PORT OF REMOVAL
FOR ALIENS ADMITTED OR PERMITTED TO LAND.—
In the case of an alien who has been admitted or
permitted to land and is ordered removed, the cost
(if any) of removal of the alien to the port of re-
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moval shall be at the expense of the appropriation
for the enforcement of this Act.
‘‘(3) COSTS OF REMOVAL FROM PORT OF RE-
MOVAL FOR ALIENS ADMITTED OR PERMITTED TO
LAND.—
‘‘(A) THROUGH
APPROPRIATION.—Except
as provided in subparagraph (B), in the case of
an alien who has been admitted or permitted to
land and is ordered removed, the cost (if any)
of removal of the alien from the port of removal
shall be at the expense of the appropriation for
the enforcement of this Act.
‘‘(B) THROUGH OWNER.—
‘‘(i) IN GENERAL.—In the case of an
alien described in clause (ii), the cost of re-
moval of the alien from the port of removal
may be charged to any owner of the vessel,
aircraft, or other transportation line by
which the alien came to the United States.
‘‘(ii) ALIENS
DESCRIBED.—An alien
described in this clause is an alien who—
‘‘(I) is admitted to the United
States (other than lawfully admitted
for permanent residence) and is or-
dered removed within 5 years of the
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date of admission based on a ground
that existed before or at the time of
admission, or
‘‘(II) is an alien crewman per-
mitted to land temporarily under sec-
tion 252 and is ordered removed with-
in 5 years of the date of landing.
‘‘(C) COSTS
OF
REMOVAL
OF
CERTAIN
ALIENS GRANTED VOLUNTARY DEPARTURE.—In
the case of an alien who has been granted vol-
untary departure under section 240B and who
is financially unable to depart at the alien’s own
expense and whose removal the Attorney Gen-
eral deems to be in the best interest of the
United States, the expense of such removal may
be paid from the appropriation for the enforce-
ment of this Act.
‘‘(f) ALIENS REQUIRING PERSONAL CARE DURING
REMOVAL.—
‘‘(1) IN GENERAL.—If the Attorney General be-
lieves that an alien being removed requires personal
care because of the alien’s mental or physical condi-
tion, the Attorney General may employ a suitable
person for that purpose who shall accompany and
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care for the alien until the alien arrives at the final
destination.
‘‘(2) COSTS.—The costs of providing the service
described in paragraph (1) shall be defrayed in the
same manner as the expense of removing the accom-
panied alien is defrayed under this section.
‘‘(g) PLACES OF DETENTION.—
‘‘(1) IN GENERAL.—The Attorney General shall
arrange for appropriate places of detention for aliens
detained pending removal or a decision on removal.
When United States Government facilities are un-
available or facilities adapted or suitably located for
detention are unavailable for rental, the Attorney
General may expend from the appropriation ‘Immi-
gration and Naturalization Service—Salaries and
Expenses’, without regard to section 3709 of the Re-
vised Statutes (41 U.S.C. 5), amounts necessary to
acquire land and to acquire, build, remodel, repair,
and operate facilities (including living quarters for
immigration officers if not otherwise available) nec-
essary for detention.
‘‘(2) DETENTION FACILITIES OF THE IMMIGRA-
TION AND NATURALIZATION SERVICE.—Prior to ini-
tiating any project for the construction of any new
detention facility for the Service, the Commissioner
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shall consider the availability for purchase or lease
of any existing prison, jail, detention center, or other
comparable facility suitable for such use.
‘‘(h) STATUTORY CONSTRUCTION.—Nothing in this
section shall be construed to create any substantive or pro-
cedural right or benefit that is legally enforceable by any
party against the United States or its agencies or officers
or any other person.’’.
(b) MODIFICATION OF AUTHORITY.—
(1) Section 241(i), as redesignated by section
306(a)(1), is amended—
(A) in paragraph (3)(A) by striking ‘‘fel-
ony and sentenced to a term of imprisonment’’
and inserting ‘‘felony or two or more mis-
demeanors’’, and
(B) by adding at the end the following new
paragraph:
‘‘(6) In this subsection, the term ‘incarceration’
includes imprisonment in a State or local prison or
jail the time of which is counted towards completion
of a sentence or the detention of an alien previously
convicted of a felony or misdemeanor who has been
arrested and is being held pending judicial action on
new charges or pending transfer to Federal cus-
tody.’’.
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(2) The amendments made by paragraph (1)
shall apply beginning with fiscal year 1996.
(c) REENTRY OF ALIEN REMOVED PRIOR TO COM-
PLETION OF TERM OF IMPRISONMENT.—Section 276(b)
(8 U.S.C. 1326(b)), as amended by section 321(b), is
amended—
(1) by striking ‘‘or’’ at the end of paragraph
(2),
(2) by adding ‘‘or’’ at the end of paragraph (3),
and
(3) by inserting after paragraph (3) the follow-
ing new paragraph:
‘‘(4) who was removed from the United States
pursuant to section 241(a)(4)(B) who thereafter,
without the permission of the Attorney General, en-
ters, attempts to enter, or is at any time found in,
the United States (unless the Attorney General has
expressly consented to such alien’s reentry) shall be
fined under title 18, United States Code, imprisoned
for not more than 10 years, or both.
(d) MISCELLANEOUS CONFORMING AMENDMENT.—
Section 212(a)(4) (8 U.S.C. 1182(a)(4)), as amended by
section 621(a), is amended by striking ‘‘241(a)(5)(B)’’
each place it appears and inserting ‘‘237(a)(5)(B)’’.
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SEC. 306. APPEALS FROM ORDERS OF REMOVAL (NEW SEC-
TION 242).
(a) IN GENERAL.—Section 242 (8 U.S.C. 1252) is
amended—
(1) by redesignating subsection (j) as sub-
section (i) and by moving such subsection and add-
ing it at the end of section 241, as inserted by sec-
tion 305(a)(3); and
(2) by amending the remainder of section 242
to read as follows:
‘‘JUDICIAL REVIEW OF ORDERS OF REMOVAL
‘‘SEC. 242. (a) APPLICABLE PROVISIONS.—
‘‘(1) GENERAL ORDERS OF REMOVAL.—Judicial
review of a final order of removal (other than an
order of removal without a hearing pursuant to sec-
tion 235(b)(1)) is governed only by chapter 158 of
title 28 of the United States Code, except as pro-
vided in subsection (b) and except that the court
may not order the taking of additional evidence
under section 2347(c) of such title.
‘‘(2) LIMITATIONS
ON
REVIEW
RELATING
TO
SECTION 235(b)(1).—Notwithstanding any other pro-
vision of law, no court shall have jurisdiction to re-
view—
‘‘(A) except as provided in subsection (f),
any individual determination or to entertain any
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other cause or claim arising from or relating to
the implementation or operation of an order of
removal pursuant to section 235(b)(1),
‘‘(B) a decision by the Attorney General to
invoke the provisions of such section,
‘‘(C) the application of such section to in-
dividual aliens, including the determination
made under section 235(b)(1)(B), or
‘‘(D) procedures and policies adopted by
the Attorney General to implement the provi-
sions of section 235(b)(1).
‘‘(3) TREATMENT OF CERTAIN DECISIONS.—No
alien shall have a right to appeal from a decision of
an immigration judge which is based solely on a cer-
tification described in section 240(c)(1)(B).
‘‘(b) REQUIREMENTS FOR ORDERS OF REMOVAL.—
With respect to review of an order of removal under sub-
section (a)(1), the following requirements apply:
‘‘(1) DEADLINE.—The petition for review must
be filed not later than 30 days after the date of the
final order of removal.
‘‘(2) VENUE AND FORMS.—The petition for re-
view shall be filed with the court of appeals for the
judicial circuit in which the immigration judge com-
pleted the proceedings. The record and briefs do not
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have to be printed. The court of appeals shall review
the proceeding on a typewritten record and on type-
written briefs.
‘‘(3) SERVICE.—
‘‘(A) IN GENERAL.—The respondent is the
Attorney General. The petition shall be served
on the Attorney General and on the officer or
employee of the Service in charge of the Service
district in which the initial proceedings under
section 240 were conducted.
‘‘(B) STAY OF ORDER.—
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), service of the petition
on the officer or employee stays the re-
moval of an alien pending the court’s deci-
sion on the petition, unless the court or-
ders otherwise.
‘‘(ii) EXCEPTION.—If the alien has
been convicted of an aggravated felony, or
the alien has been ordered removed pursu-
ant to a finding that the alien is inadmis-
sible under section 212, service of the peti-
tion does not stay the removal unless the
court orders otherwise.
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‘‘(4) DECISION.—Except as provided in para-
graph (5)(B)—
‘‘(A) the court of appeals shall decide the
petition only on the administrative record on
which the order of removal is based,
‘‘(B) the administrative findings of fact are
conclusive if supported by reasonable, substan-
tial, and probative evidence on the record con-
sidered as a whole, and
‘‘(C) a decision that an alien is not eligible
for admission to the United States is conclusive
unless manifestly contrary to law.
‘‘(5) TREATMENT OF NATIONALITY CLAIMS.—
‘‘(A) COURT DETERMINATION IF NO ISSUE
OF FACT.—If the petitioner claims to be a na-
tional of the United States and the court of ap-
peals finds from the pleadings and affidavits
that no genuine issue of material fact about the
petitioner’s nationality is presented, the court
shall decide the nationality claim.
‘‘(B) TRANSFER
IF
ISSUE
OF
FACT.—If
the petitioner claims to be a national of the
United States and the court of appeals finds
that a genuine issue of material fact about the
petitioner’s nationality is presented, the court
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shall transfer the proceeding to the district
court of the United States for the judicial dis-
trict in which the petitioner resides for a new
hearing on the nationality claim and a decision
on that claim as if an action had been brought
in the district court under section 2201 of title
28, United States Code.
‘‘(C) LIMITATION ON DETERMINATION.—
The petitioner may have such nationality claim
decided only as provided in this paragraph.
‘‘(6) CONSOLIDATION
WITH
REVIEW
OF
MO-
TIONS TO REOPEN OR RECONSIDER.—When a peti-
tioner seeks review of an order under this section,
any review sought of a motion to reopen or recon-
sider the order shall be consolidated with the review
of the order.
‘‘(7) CHALLENGE TO VALIDITY OF ORDERS IN
CERTAIN CRIMINAL PROCEEDINGS.—
‘‘(A) IN GENERAL.—If the validity of an
order of removal has not been judicially de-
cided, a defendant in a criminal proceeding
charged with violating section 243(a) may chal-
lenge the validity of the order in the criminal
proceeding only by filing a separate motion be-
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fore trial. The district court, without a jury,
shall decide the motion before trial.
‘‘(B) CLAIMS OF UNITED STATES NATION-
ALITY.—If the defendant claims in the motion
to be a national of the United States and the
district court finds that—
‘‘(i) no genuine issue of material fact
about the defendant’s nationality is pre-
sented, the court shall decide the motion
only on the administrative record on which
the removal order is based and the admin-
istrative findings of fact are conclusive if
supported by reasonable, substantial, and
probative evidence on the record considered
as a whole; or
‘‘(ii) a genuine issue of material fact
about the defendant’s nationality is pre-
sented, the court shall hold a new hearing
on the nationality claim and decide that
claim as if an action had been brought
under section 2201 of title 28, United
States Code.
The defendant may have such nationality claim
decided only as provided in this subparagraph.
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‘‘(C) CONSEQUENCE OF INVALIDATION.—
If the district court rules that the removal order
is invalid, the court shall dismiss the indictment
for violation of section 243(a). The United
States Government may appeal the dismissal to
the court of appeals for the appropriate circuit
within 30 days after the date of the dismissal.
‘‘(D) LIMITATION
ON
FILING
PETITIONS
FOR
REVIEW.—The defendant in a criminal
proceeding under section 243(a) may not file a
petition for review under subsection (a) during
the criminal proceeding.
‘‘(8) CONSTRUCTION.—This subsection—
‘‘(A) does not prevent the Attorney Gen-
eral, after a final order of removal has been is-
sued, from detaining the alien under section
241(a);
‘‘(B) does not relieve the alien from com-
plying with section 241(a)(4) and section
243(g); and
‘‘(C) except as provided in paragraph (3),
does not require the Attorney General to defer
removal of the alien.
‘‘(c) REQUIREMENTS FOR PETITION.—A petition for
review or for habeas corpus of an order of removal shall
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state whether a court has upheld the validity of the order,
and, if so, shall state the name of the court, the date of
the court’s ruling, and the kind of proceeding.
‘‘(d) REVIEW OF FINAL ORDERS.—A court may re-
view a final order of removal only if—
‘‘(1) the alien has exhausted all administrative
remedies available to the alien as of right, and
‘‘(2) another court has not decided the validity
of the order, unless the reviewing court finds that
the petition presents grounds that could not have
been presented in the prior judicial proceeding or
that the remedy provided by the prior proceeding
was inadequate or ineffective to test the validity of
the order.
‘‘(e) LIMITED REVIEW FOR NON-PERMANENT RESI-
DENTS CONVICTED OF AGGRAVATED FELONIES.—
‘‘(1) IN GENERAL.—A petition for review filed
by an alien against whom a final order of removal
has been issued under section 238 may challenge
only whether—
‘‘(A) the alien is the alien described in the
order,
‘‘(B) the alien is an alien described in sec-
tion 238(b)(2) and has been convicted after
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entry into the United States of an aggravated
felony, and
‘‘(C) proceedings against the alien com-
plied with section 238(b)(4).
‘‘(2) LIMITED JURISDICTION.—A court review-
ing the petition has jurisdiction only to review the is-
sues described in paragraph (1).
‘‘(f) JUDICIAL REVIEW OF ORDERS UNDER SECTION
235(b)(1).—
‘‘(1) APPLICATION.—The provisions of this sub-
section apply with respect to judicial review of or-
ders of removal effected under section 235(b)(1).
‘‘(2) LIMITATIONS ON RELIEF.—Regardless of
the nature of the action or claim and regardless of
the identity of the party or parties bringing the ac-
tion, no court shall have jurisdiction or authority to
enter declaratory, injunctive, or other equitable relief
not specifically authorized in this subsection, or to
certify a class under Rule 23 of the Federal Rules
of Civil Procedure.
‘‘(3) LIMITATION TO HABEAS CORPUS.—Judi-
cial review of any matter, cause, claim, or individual
determination made or arising under or pertaining
to section 235(b)(1) shall only be available in habeas
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corpus proceedings, and shall be limited to deter-
minations of—
‘‘(A) whether the petitioner is an alien,
‘‘(B) whether the petitioner was ordered
removed under such section, and
‘‘(C) whether the petitioner can prove by a
preponderance of the evidence that the peti-
tioner is an alien lawfully admitted for perma-
nent residence and is entitled to such further
inquiry as prescribed by the Attorney General
pursuant to section 235(b)(1)(C).
‘‘(4) DECISION.—In any case where the court
determines that the petitioner—
‘‘(A) is an alien who was not ordered re-
moved under section 235(b)(1), or
‘‘(B) has demonstrated by a preponderance
of the evidence that the alien is a lawful perma-
nent resident,
the court may order no remedy or relief other than
to require that the petitioner be provided a hearing
in accordance with section 240. Any alien who is
provided a hearing under section 240 pursuant to
this paragraph may thereafter obtain judicial review
of any resulting final order of removal pursuant to
subsection (a)(1).
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‘‘(5) SCOPE
OF
INQUIRY.—In determining
whether an alien has been ordered removed under
section 235(b)(1), the court’s inquiry shall be limited
to whether such an order in fact was issued and
whether it relates to the petitioner. There shall be
no review of whether the alien is actually inadmis-
sible or entitled to any relief from removal.
‘‘(g) LIMIT ON INJUNCTIVE RELIEF.—Regardless of
the nature of the action or claim or of the identity of the
party or parties bringing the action, no court (other than
the Supreme Court) shall have jurisdiction or authority
to enjoin or restrain the operation of the provisions of
chapter 4 of title II, as amended by the Immigration in
the National Interest Act of 1996, other than with respect
to the application of such provisions to an individual alien
against whom proceedings under such chapter have been
initiated.’’.
(b) REPEAL
OF SECTION 106.—Section 106 (8
U.S.C. 1105a) is repealed.
(c) TREATMENT OF POLITICAL SUBDIVISIONS.—Ef-
fective as of the date of the enactment of this Act, section
242(j), before being redesignated and moved under sub-
section (a)(1), is amended by adding at the end the follow-
ing new paragraph:
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‘‘(6) For purposes of this subsection, the term
‘political subdivision’ includes a county, city, munici-
pality, or other similar subdivision recognized under
State law.’’.
SEC. 307. PENALTIES RELATING TO REMOVAL (REVISED
SECTION 243).
(a) IN GENERAL.—Section 243 (8 U.S.C. 1253) is
amended to read as follows:
‘‘PENALTIES RELATED TO REMOVAL
‘‘SEC. 243. (a) PENALTY
FOR FAILURE
TO DE-
PART.—
‘‘(1) IN GENERAL.—Any alien against whom a
final order of removal is outstanding by reason of
being a member of any of the classes described in
section 237(a), who—
‘‘(A) willfully fails or refuses to depart
from the United States within a period of 90
days from the date of the final order of removal
under administrative processes, or if judicial re-
view is had, then from the date of the final
order of the court,
‘‘(B) willfully fails or refuses to make time-
ly application in good faith for travel or other
documents necessary to the alien’s departure,
‘‘(C) connives or conspires, or takes any
other action, designed to prevent or hamper or
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with the purpose of preventing or hampering
the alien’s departure pursuant to such, or
‘‘(D) willfully fails or refuses to present
himself or herself for removal at the time and
place required by the Attorney General pursu-
ant to such order,
shall be fined under title 18, United States Code, or
imprisoned not more than four years (or 10 years if
the alien is a member of any of the classes described
in paragraph (1)(E), (2), (3), or (4) of section
237(a)), or both.
‘‘(2) EXCEPTION.—It is not a violation of para-
graph (1) to take any proper steps for the purpose
of securing cancellation of or exemption from such
order of removal or for the purpose of securing the
alien’s release from incarceration or custody.
‘‘(3) SUSPENSION.—The court may for good
cause suspend the sentence of an alien under this
subsection and order the alien’s release under such
conditions as the court may prescribe. In determin-
ing whether good cause has been shown to justify re-
leasing the alien, the court shall take into account
such factors as—
‘‘(A) the age, health, and period of deten-
tion of the alien;
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‘‘(B) the effect of the alien’s release upon
the national security and public peace or safety;
‘‘(C) the likelihood of the alien’s resuming
or following a course of conduct which made or
would make the alien deportable;
‘‘(D) the character of the efforts made by
such alien himself and by representatives of the
country or countries to which the alien’s re-
moval is directed to expedite the alien’s depar-
ture from the United States;
‘‘(E) the reason for the inability of the
Government of the United States to secure
passports, other travel documents, or removal
facilities from the country or countries to which
the alien has been ordered removed; and
‘‘(F) the eligibility of the alien for discre-
tionary relief under the immigration laws.
‘‘(b) WILLFUL FAILURE TO COMPLY WITH TERMS OF
RELEASE UNDER SUPERVISION.—An alien who shall will-
fully fail to comply with regulations or requirements issued
pursuant to section 241(a)(3) or knowingly give false in-
formation in response to an inquiry under such section
shall be fined not more than $1,000 or imprisoned for not
more than one year, or both.
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section 851(a)(6), is amended by striking
‘‘242A(a)(3)’’ and inserting ‘‘238(a)(3)’’.
(H) Section 212(h), as amended by section
301(h), is amended by striking ‘‘section 212(c)’’
and inserting ‘‘paragraphs (1) and (2) of sec-
tion 240A(a)’’.
SEC. 309. EFFECTIVE DATES; TRANSITION.
(a) IN GENERAL.—Except as provided in this section
and sections 301(f), 301(h), or 306(c), this subtitle and
the amendments made by this subtitle shall take effect on
the first day of the first month beginning more than 180
days after the date of the enactment of this Act (in this
title referred to as the ‘‘title III–A effective date’’).
(b) PROMULGATION OF REGULATIONS.—The Attor-
ney General shall first promulgate regulations to carry out
this subtitle by not later than 30 days before the title III–
A effective date.
(c) TRANSITION FOR ALIENS IN PROCEEDINGS.—
(1) GENERAL RULE THAT NEW RULES DO NOT
APPLY.—Subject to the succeeding provisions of this
subsection, in the case of an alien who is in exclu-
sion or deportation proceedings as of the title III–
A effective date—
(A) the amendments made by this subtitle
shall not apply, and
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(B) maintains a record that such an in-
quiry was made and the confirmation provided
(or not provided).
To the extent practicable, the Attorney General shall
seek to establish such a mechanism using one or
more nongovernmental entities. For purposes of this
section, the Attorney General (or a designee of the
Attorney General) shall provide through the con-
firmation mechanism confirmation or a tentative
nonconfirmation of an individual’s employment eligi-
bility within 3 working days of the initial inquiry.
(2) EXPEDITED PROCEDURE IN CASE OF NON-
CONFIRMATION.—In connection with paragraph (1),
the Attorney General shall establish, in consultation
with the Commissioner of Social Security and the
Commissioner of the Immigration and Naturaliza-
tion Service, expedited procedures that shall be used
to confirm the validity of information used under the
confirmation mechanism in cases in which the con-
firmation is sought but is not provided through the
confirmation mechanism.
(3) DESIGN AND OPERATION OF MECHANISM.—
The confirmation mechanism shall be designed and
operated—