waive the effectiveness of such amendment or amendments 
with respect to such year. 
SEC. 302. COLLECTION OF INFORMATION REGARDING FOR-
EIGN STUDENTS. 
(a) COURSE OF STUDY.—Section 641(c)(1)(C) of the 
Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996 (8 U.S.C. 1372(c)(1)(C)) is amended by in-
serting after ‘‘including’’ the following: ‘‘each course of 
study the student has taken and is taking at the institu-
tion and’’. 
(b) IMPLEMENTATION OF PROGRAM TO COLLECT IN-
FORMATION RELATING TO NONIMMIGRANT FOREIGN STU-
DENTS
AND
OTHER
EXCHANGE
PROGRAM
PARTICI-
PANTS.—Section 641(d)(2) of the Illegal Immigration Re-
form and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1372(d)(2)) is amended to read as follows: 
‘‘(2) EFFECT OF FAILURE TO PROVIDE INFOR-
MATION.—During any period on or after the date of 
the enactment of the Securing America’s Future 
through Enforcement Reform Act of 2005, if an ap-
proved institution of higher education or a des-
ignated exchange visitor program fails to provide the 
information described in subsection (c) through the 
program described in subsection (a), all approvals 
described in subparagraph (A) of paragraph (1), and
all grants of authority described in subparagraph 
(B) of such paragraph, with respect to such institu-
tion or exchange visitor program shall be revoked.’’. 
SEC. 303. ALIEN REGISTRATION. 
(a) IN GENERAL.—Section 262 (8 U.S.C. 1302) is 
amended to read as follows: 
‘‘REGISTRATION OF ALIENS IN THE UNITED STATES 
‘‘SEC. 262. (a) INITIAL REGISTRATION.— 
‘‘(1) IN
GENERAL.—It shall be the duty of 
every alien now or hereafter in the United States, 
who (1) is fourteen years of age or older, (2) has not 
been registered and fingerprinted under section 
221(b) of this Act or section 30 or 31 of the Alien 
Registration Act, 1940, and (3) remains in the 
United States for thirty days or longer, to apply for 
registration and to be fingerprinted before the expi-
ration of such thirty days. 
‘‘(2) MINORS.—It shall be the duty of every 
parent or legal guardian of any alien now or here-
after in the United States, who (1) is less than four-
teen years of age, (2) has not been registered under 
section 221(b) of this Act or section 30 or 31 of the 
Alien Registration Act, 1940, and (3) remains in the 
United States for thirty days or longer, to apply for 
the registration of such alien before the expiration of 
such thirty days. Whenever any alien attains his
fourteenth birthday in the United States he shall, 
within thirty days thereafter, apply in person for 
registration and to be fingerprinted. 
‘‘(b) SUBSEQUENT REGISTRATIONS.— 
‘‘(1) PERMANENT RESIDENTS.—In addition to 
any other registration otherwise required under this 
Act or any other Act, each alien lawfully admitted 
for permanent residence shall annually register with 
the Secretary of Homeland Security, regardless of 
whether there has been any change in the alien’s ad-
dress. This requirement shall commence on the first 
anniversary of the date on which the alien acquired 
the status of an alien lawfully admitted for perma-
nent residence that occurs after the enactment of 
the Securing America’s Future through Enforcement 
Reform Act of 2005. 
‘‘(2) OTHER ALIENS.—In addition to any other 
registration otherwise required under this Act or any 
other Act, every alien in the United States, other 
than an alien described in paragraph (1), shall reg-
ister with the Secretary of Homeland Security at the 
expiration of each 3-month period during which the 
alien remains in the United States, regardless of 
whether there has been any change in the alien’s ad-
100 
dress. This requirement shall commence on the 60th 
day after the alien enters the United States. 
‘‘(3) MINORS.—In the case of an alien who is 
less than fourteen years of age, a parent or legal 
guardian of the alien may carry out this subsection 
on behalf of the alien. 
‘‘(c) CHANGE OF ADDRESS.— 
‘‘(1) IN GENERAL.—Each alien required to be 
registered under this title who is within the United 
States shall notify the Secretary of Homeland Secu-
rity in writing of each change of address and new 
address within ten days from the date of such 
change and furnish with such notice such additional 
information as the Secretary may require by regula-
tion. 
‘‘(2) CERTAIN FOREIGN STATES.— 
‘‘(A) IN
GENERAL.—The Secretary of 
Homeland Security may, in the discretion of the 
Secretary, upon ten days notice, require the na-
tives of any one or more foreign states, or any 
class or group thereof, who are within the 
United States and who are required to be reg-
istered under this title, to notify the Secretary 
of their current addresses and furnish such ad-
101 
ditional information as the Secretary may re-
quire. 
‘‘(B) NOTICE FOR MINORS.—In the case of 
an alien for whom a parent or legal guardian is 
required to apply for registration, the notice re-
quired by this section shall be given to such 
parent or legal guardian. 
‘‘(3) MINORS.—In the case of an alien who is 
less than fourteen years of age, a parent or legal 
guardian of the alien may carry out this subsection 
on behalf of the alien. 
‘‘(d) EXCEPTION.—Subsections (b) and (c) shall not 
apply to an alien lawfully admitted for permanent resi-
dence, and the alien’s spouse and children, if the alien is 
a member of the armed forces of the United States serving 
on active duty (as defined in section 101(d) of title 10, 
United States Code). 
‘‘(e) FORMS.—The Secretary of Homeland Security 
shall prepare forms for registrations and change of ad-
dress notifications required under this section. Such forms 
shall contain inquiries to obtain the following information: 
‘‘(1) Full name and aliases. 
‘‘(2) Current address. 
‘‘(3) Date of birth. 
‘‘(4) Visa category.
102 
‘‘(5) Date of entry into the United States. 
‘‘(6) Termination date of authorization to re-
main in the United Sates, if any. 
‘‘(7) Signature. 
‘‘(8) Biometric feature of the alien. 
‘‘(9) Any additional information that the Sec-
retary of Homeland Security determines to be nec-
essary. 
‘‘(f) INFORMATION
TECHNOLOGY
SYSTEM.—The 
Secretary of Homeland Security shall establish and oper-
ate an information technology system for the electronic 
collection, compilation, and maintenance of the informa-
tion submitted under this section. Such system shall per-
mit any alien address in the United States that has been 
registered with the Secretary, and the date of such reg-
istration, to be accessed by any officer or employee of the 
Department of Homeland Security having need for such 
access for any lawful purpose under the Immigration and 
Nationality Act.’’. 
(b) REPEAL.—Section 265 (8 U.S.C. 1305) is re-
pealed and the table of contents is amended by striking 
the item relating to such section. 
(c) CONFORMING AMENDMENTS.—
103 
(1) REMOVAL FOR FAILURE TO COMPLY.—Sec-
tion 237(a)(3)(A) (8 U.S.C. 1227(a)(3)(A)) is 
amended by striking ‘‘265’’ and inserting ‘‘262’’. 
(2) REGISTRATION OF SPECIAL GROUPS.—Sec-
tion 263(b) (8 U.S.C. 1303(b)) is amended by in-
serting ‘‘(excluding subsection (c) of such section)’’ 
after ‘‘262’’. 
(3) FORMS AND PROCEDURE.—Section 264(a) 
(8 U.S.C. 1304(a)) is amended by striking ‘‘of this 
title, and the Attorney General is authorized and di-
rected to prepare forms for the registration and 
fingerprinting of aliens under section 262 of this 
title.’’ and inserting a period. 
(4) PENALTIES.—Section 266 (8 U.S.C. 1306) 
is amended by striking ‘‘265’’ each place such term 
appears and inserting ‘‘262’’. 
(d) REPORT.—Not later than 3 years after the date 
of the enactment of this Act, the Secretary of Homeland 
Security shall submit a report to the Committees on the 
Judiciary of the House of Representatives and the Senate 
on the implementation of section 262 of the Immigration 
and Nationality Act, as amended by this section, and the 
results of such implementation.
104 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act. 
SEC. 304. VISA TERM COMPLIANCE BONDS. 
(a) DEFINITIONS.—For purposes of this section: 
(1) VISA TERM COMPLIANCE BOND.—The term 
‘‘visa term compliance bond’’ means a written 
suretyship undertaking entered into by an alien indi-
vidual seeking admission to the United States of 
America on a nonimmigrant visa whose performance 
is guaranteed by a bail agent. 
(2) SURETYSHIP
UNDERTAKING.—The term 
‘‘suretyship undertaking’’ means a written agree-
ment, executed by a bail agent, which binds all par-
ties to its certain terms and conditions and which 
provides obligations for the visa applicant while 
under the bond and penalties for forfeiture to ensure 
the obligations of the principal under the agreement. 
(3) BAIL
AGENT.—The term ‘‘bail agent’’ 
means any individual properly licensed, approved, 
and appointed by power of attorney to execute or 
countersign bail bonds in connection with judicial 
proceedings and who receives a premium. 
(4) SURETY.—The term ‘‘surety’’ means an en-
tity, as defined by, and that is in compliance with,
105 
sections 9304 through 9308 of title 31, United 
States Code, that agrees— 
(A) to guarantee the performance, where 
appropriate, of the principal under a visa term 
compliance bond; 
(B) to perform as required in the event of 
a forfeiture; and 
(C) to pay over the principal (penal) sum 
of the bond for failure to perform. 
(b) ISSUANCE OF BOND.—A consular officer may re-
quire an applicant for a nonimmigrant visa, as a condition 
for granting such application, to obtain a visa term com-
pliance bond. 
(c) VALIDITY, EXPIRATION, RENEWAL, AND CAN-
CELLATION OF BONDS.— 
(1) VALIDITY.—A visa term compliance bond 
undertaking is valid if it— 
(A) states the full, correct, and proper 
name of the alien principal; 
(B) states the amount of the bond; 
(C) is guaranteed by a surety and 
countersigned by an attorney-in-fact who is 
properly appointed; 
(D) is an original signed document;
106 
(E) is filed with the Secretary of Home-
land Security along with the original application 
for a visa; and 
(F) is not executed by electronic means. 
(2) EXPIRATION.—A visa term compliance bond 
undertaking shall expire at the earliest of— 
(A) 1 year from the date of issue; 
(B) at the expiration, cancellation, or sur-
render of the visa; or 
(C) immediately upon nonpayment of the 
premium. 
(3) RENEWAL.—The bond may be renewed— 
(A) annually with payment of proper pre-
mium at the option of the bail agent or surety; 
and 
(B) provided there has been no breech of 
conditions, default, claim, or forfeiture of the 
bond. 
(4) CANCELLATION.—The bond shall be can-
celed and the surety and bail agent exonerated— 
(A) for nonrenewal; 
(B) if the surety or bail agent provides 
reasonable evidence that there was misrepresen-
tation or fraud in the application for the bond; 
(C) upon termination of the visa;
107 
(D) upon death, incarceration of the prin-
cipal, or the inability of the surety to produce 
the principal for medical reasons; 
(E) if the principal is detained in any city, 
State, country, or political subdivision thereof; 
(F) if the principal departs from the 
United States of America for any reason with-
out permission of the Secretary of Homeland 
Security and the surety or bail agent; or 
(G) if the principal is surrendered by the 
surety. 
(5) EFFECT
OF
EXPIRATION
OR
CANCELLA-
TION.—When a visa term compliance bond expires 
without being immediately renewed, or is canceled, 
the nonimmigrant status of the alien shall be re-
voked immediately. 
(6) SURRENDER
OF
PRINCIPAL; FORFEITURE 
OF BOND PREMIUM.— 
(A) SURRENDER.—At any time before a 
breach of any of the conditions of the bond, the 
surety or bail agent may surrender the prin-
cipal, or the principal may surrender, to any of-
fice or facility of the Department of Homeland 
Security charged with immigration enforcement 
or border protection.
108 
(B) FORFEITURE OF BOND PREMIUM.—A 
principal may be surrendered without the re-
turn of any bond premium if the visa holder— 
(i) changes address without notifying 
the surety or bail agent and the Secretary 
of Homeland Security in writing at least 
60 days prior to such change; 
(ii) changes schools, jobs, or occupa-
tions without written permission of the 
surety, bail agent, and the Secretary; 
(iii) conceals himself or herself; 
(iv) fails to report to the Secretary as 
required at least annually; or 
(v) violates the contract with the bail 
agent or surety, commits any act that may 
lead to a breech of the bond, or otherwise 
violates any other obligation or condition 
of the visa established by the Secretary. 
(7) CERTIFIED
COPY
OF
UNDERTAKING
OR 
WARRANT TO ACCOMPANY SURRENDER.— 
(A) IN
GENERAL.—A person desiring to 
make a surrender of the visa holder— 
(i) shall have the right to petition any 
Federal court for an arrest warrant for the 
arrest of the visa holder;
109 
(ii) shall forthwith be provided a cer-
tified copy of the arrest warrant and the 
undertaking; and 
(iii) shall have the right to pursue, ap-
prehend, detain, and deliver the visa hold-
er, together with the certified copy of the 
arrest warrant and the undertaking, to any 
official or facility of the Department of 
Homeland Security charged with immigra-
tion enforcement or border protection or 
any detention facility authorized to hold 
Federal detainees. 
(B) EFFECTS OF DELIVERY.—Upon deliv-
ery of a person under subparagraph (A)(iii)— 
(i) the official to whom the delivery is 
made shall detain the visa holder in cus-
tody and issue a written certificate of sur-
render; and 
(ii) the court issuing the warrant de-
scribed in subparagraph (A)(i) and the 
Secretary of Homeland Security shall im-
mediately exonerate the surety and bail 
agent from any further liability on the 
bond.
110 
(8) FORM OF BOND.—A visa term compliance 
bond shall in all cases state the following and be se-
cured by a surety: 
(A) BREECH OF BOND; PROCEDURE, FOR-
FEITURE, NOTICE.— 
(i) If a visa holder violates any condi-
tions of the visa or the visa bond the Sec-
retary of Homeland Security shall— 
(I) order the visa canceled; 
(II) immediately obtain a war-
rant for the visa holder’s arrest; 
(III) order the bail agent and 
surety to take the visa holder into 
custody and surrender the visa holder 
to the Secretary; and 
(IV) mail notice to the bail agent 
and surety via certified mail return 
receipt at each of the addresses in the 
bond. 
(ii) A bail agent or surety shall have 
full and complete access to any and all in-
formation, electronic or otherwise, in the 
care, custody, and control of the United 
States Government or any State or local 
government or any subsidiary or police
111 
agency thereof regarding the visa holder 
needed to comply with section 304 of the 
Securing America’s Future through En-
forcement Reform Act of 2005 that the 
court issuing the warrant believes is crucial 
in locating the visa holder. 
(iii) If the visa holder is later ar-
rested, detained, or otherwise located out-
side the United States and the outlying 
possessions of the United States (as de-
fined in section 101(a) of the Immigration 
and Nationality Act), the Secretary of 
Homeland Security shall— 
(I) order that the bail agent and 
surety are completely exonerated, and 
the bond canceled and terminated; 
and 
(II) if the Secretary has issued 
an order under clause (i), the surety 
may request, by written, properly filed 
motion, reinstatement of the bond. 
This subclause may not be construed 
to prevent the Secretary from revok-
ing or resetting a higher bond. 
(iv) The bail agent or surety must—
112 
(I) produce the visa bond holder; 
or 
(II)(aa) prove within 180 days 
that producing the bond holder was 
prevented— 
(aaa) by the bond holder’s 
illness or death; 
(bbb) because the bond hold-
er is detained in custody in any 
city, State, country, or political 
subdivision thereof; 
(ccc) because the bond hold-
er has left the United States or 
its outlying possessions (as de-
fined in section 101(a) of the Im-
migration and Nationality Act (8 
U.S.C. 1101(a)); or 
(ddd) because required no-
tice was not given to the bail 
agent or surety; and 
(bb) prove within 180 days that 
the inability to produce the bond hold-
er was not with the consent or conniv-
ance of the bail agent or sureties.
113 
(v) If the bail agent or surety does 
not comply with the terms of this bond 
within 60 days after the mailing of the no-
tice 
required 
under 
subparagraph 
(A)(i)(IV), a portion of the face value of 
the bond shall be assessed as a penalty 
against the surety. 
(vi) If compliance occurs more than 
60 days but no more than 90 days after 
the mailing of the notice, the amount as-
sessed shall be one-third of the face value 
of the bond. 
(vii) If compliance occurs more than 
90 days, but no more than 180 days, after 
the mailing of the notice, the amount as-
sessed shall be two-thirds of the face value 
of the bond. 
(viii) If compliance does not occur 
within 180 days after the mailing of the 
notice, the amount assessed shall be 100 
percent of the face value of the bond. 
(ix) All penalty fees shall be paid by 
the surety within 45 days after the end of 
such 180-day period.
114 
(B) The Secretary of Homeland Security 
may waive the penalty fees or extend the period 
for payment or both, if— 
(i) a written request is filed with the 
Secretary; and 
(ii) the bail agent or surety provides 
evidence satisfactory to the Secretary that 
diligent efforts were made to effect compli-
ance of the visa holder. 
(C) COMPLIANCE; EXONERATION; LIMITA-
TION OF LIABILITY.— 
(i) COMPLIANCE.—The bail agent or 
surety shall have the absolute right to lo-
cate, apprehend, arrest, detain, and sur-
render any visa holder, wherever he or she 
may be found, who violates any of the 
terms and conditions of the visa or bond. 
(ii) EXONERATION.—Upon satisfying 
any of the requirements of the bond, the 
surety shall be completely exonerated. 
(iii) LIMITATION OF LIABILITY.—The 
total liability on any undertaking shall not 
exceed the face amount of the bond.
115 
SEC. 305. RELEASE OF ALIENS IN REMOVAL PROCEEDINGS. 
(a) IN GENERAL.—Section 236(a)(2) (8 U.S.C. 
1226(a)(2)) is amended to read as follows: 
‘‘(2) subject to section 241(a)(8), may release 
the alien on bond of at least $10,000, with security 
approved by, and containing conditions prescribed 
by, the Secretary of Homeland Security, but the 
Secretary shall not release the alien on or to his own 
recognizance unless an order of an immigration 
judge expressly finds that the alien is not a flight 
risk and is not a threat to the United States; and’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act. 
SEC. 306. DETENTION OF ALIENS DELIVERED BY BONDS-
MEN. 
(a) IN
GENERAL.—Section 241(a) (8 U.S.C. 
1231(a)) is amended by adding at the end the following: 
‘‘(8) EFFECT
OF
PRODUCTION
OF
ALIEN
BY 
BONDSMAN.—Notwithstanding any other provision 
of law, the Secretary of Homeland Security shall 
take into custody any alien subject to a final order 
of removal, and cancel any bond previously posted 
for the alien, if the alien is produced within the pre-
scribed time limit by the obligor on the bond. The 
obligor on the bond shall be deemed to have substan-
116 
tially performed all conditions imposed by the terms 
of the bond, and shall be released from liability on 
the bond, if the alien is produced within such time 
limit.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to all immigration bonds 
posted before, on, or after such date. 
TITLE 
IV—REMOVING 
ALIEN 
TERRORISTS, 
CRIMINALS, 
AND HUMAN RIGHTS VIOLA-
TORS 
Subtitle A—Removing Alien 
Terrorists 
SEC. 401. DEPORTABILITY OF TERRORISTS, NATIONAL SE-
CURITY THREATS, AND SERIOUS FOREIGN 
CRIMES. 
(a) IN GENERAL.—Section 237(a)(4) (8 U.S.C. 
1227(a)(4)) is amended— 
(1) by amending subparagraph (B) to read as 
follows: 
‘‘(B) TERRORIST
ACTIVITIES.—Any alien 
who would be considered inadmissible pursuant 
to section 212(a)(3)(B) is deportable.’’; and
117 
(2) by inserting after subparagraph (D) the fol-
lowing: 
‘‘(E) 
NATIONAL
SECURITY
CON-
SEQUENCES.—An alien described in section 
212(a)(3)(G) is deportable. 
‘‘(F) SERIOUS FOREIGN CRIMES.—An alien 
described in section 212(a)(3)(H) is deport-
able.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to conduct occurring be-
fore, on, or after such date. 
SEC. 402. ADMINISTRATIVE REMOVAL OF ALIEN TERROR-
ISTS. 
(a) IN GENERAL.—Section 238 (8 U.S.C. 1228) is 
amended— 
(1) in the section heading, by striking ‘‘aliens 
convicted of committing aggravated felonies’’ and in-
serting ‘‘certain aliens’’; 
(2) in the heading of subsection (a), by insert-
ing ‘‘Institutional’’ before ‘‘Removal’’; 
(3) in subsection (a)(1), by striking ‘‘241’’ each 
place it appears and inserting ‘‘237’’; 
(4) by amending the heading of subsection (b) 
to read as follows:
118 
‘‘(b) PROCEEDINGS FOR THE ADMINISTRATIVE RE-
MOVAL OF ALIENS.—’’; 
(5) by amending subsection (b)(1) to read as 
follows: 
‘‘(1) The Secretary of Homeland Security 
may— 
‘‘(A) in the case of an alien described in 
paragraph (2), determine the deportability of 
such alien under section 237(a)(2)(A)(iii) (re-
lating to conviction of an aggravated felony); or 
‘‘(B) in the case of an alien certified under 
paragraph (2)(C), determine the deportability 
of such alien under any provision of section 
237, 
and issue an order of removal pursuant to the proce-
dures set forth in this subsection or section 240.’’; 
(6) in subsection (b)(2)— 
(A) in subparagraph (A), by striking ‘‘or’’ 
at the end; 
(B) in subparagraph (B), by striking the 
period at the end and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(C) has been certified by the Secretary of 
Homeland Security, pursuant to paragraph (6),
119 
which certification is not reviewable except as 
provided in subsection (b)(7).’’; 
(7) by adding at the end of subsection (b) the 
following: 
‘‘(6) CERTIFICATION.—The Secretary of Home-
land Security may certify an alien under this para-
graph if the Secretary has reasonable grounds to be-
lieve that the alien— 
‘‘(A) 
is 
described 
in 
section 
212(a)(3)(A)(i), 
212(a)(3)(A)(iii), 
212(a)(3)(B), 
237(a)(4)(A)(i), 
237(a)(4)(A)(iii), or 237(a)(4)(B); or 
‘‘(B) is engaged in any other activity that 
endangers the national security of the United 
States. 
‘‘(7) NONDELEGATION.—The Secretary may 
delegate the authority provided under paragraph (6) 
only to the Deputy Secretary. The Deputy Secretary 
may not delegate such authority. 
‘‘(8) JUDICIAL REVIEW.—Notwithstanding any 
other provision of law, judicial review of an order 
under paragraph (2)(C) shall be available only by a 
filing in the United States Court of Appeals for the 
District of Columbia.’’;
120 
(8) by striking the first subsection (c) and in-
serting the following: 
‘‘(c) PRESUMPTION
OF REMOVABILITY.—An alien 
convicted of an aggravated felony, or certified pursuant 
to section 238(b)(2)(C), shall be conclusively presumed to 
be removable from the United States.’’; and 
(9) by redesignating the second subsection (c) 
(redesignated as such by section 671(b)(13) of the 
Illegal Immigration Reform and Immigrant Respon-
sibility Act of 1996) as subsection (d). 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act and shall apply to aliens in removal proceedings 
on or after such date. 
SEC. 403. ASYLUM PETITIONS BY MEMBERS OF TERRORIST 
ORGANIZATIONS. 
Paragraph (1) of section 208(b) (8 U.S.C. 1158(b)) 
is amended by adding at the end the following: ‘‘In any 
case in which there may be more than one motive for per-
secution, the alien bears the burden of showing that such 
persecution was or would be inflicted solely on account of 
race, religion, nationality, membership in a particular so-
cial group, or political opinion.’’.
121 
SEC. 404. EXPATRIATION OF TERRORISTS. 
(a) IN GENERAL.—Section 349 of the Immigration 
and Nationality Act (8 U.S.C. 1481) is amended— 
(1) by amending subsection (a)(3) to read as 
follows: 
‘‘(3)(A) entering, or serving in, the armed 
forces of a foreign state if— 
‘‘(i) such armed forces are engaged in hos-
tilities against the United States; or 
‘‘(ii) such person serves as a commissioned 
or non-commissioned officer; or 
‘‘(B) in the case of a naturalized American cit-
izen, joining or serving in, or providing material sup-
port (as defined in section 2339A of title 18, United 
States Code) to a terrorist organization designated 
under section 212(a)(3) or 219 or designated under 
the International Emergency Powers Act, if the or-
ganization is engaged in hostilities against the 
United States, its people, or its national security in-
terests.’’; and 
(2) by adding at the end of subsection (b): 
‘‘The voluntary commission or performance of an act 
described in subsection (a)(3)(A)(i) or (B) shall be 
prima facie evidence that the act was done with the 
intention of relinquishing United States nation-
ality.’’.
122 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to determinations pending 
on or after such date with respect to which a final admin-
istrative decision has not been rendered as of such date. 
Subtitle B—Removing Alien 
Criminals 
SEC. 411. DEFINITION OF CRIMINAL CONVICTION. 
(a) IN GENERAL.—Subparagraph (B) of section 
101(a)(48) (8 U.S.C. 1101(a)(48)) is amended by adding 
at the end the following: ‘‘Any conviction entered by a 
court shall remain valid for immigration purposes notwith-
standing a vacation of that conviction, unless the convic-
tion is vacated on direct appeal wherein the court deter-
mines that vacation is warranted on the merits, or on 
grounds relating to a violation of a fundamental statutory 
or constitutional right in the underlying criminal pro-
ceedings.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall take effect on the date of the enactment 
of this Act and shall apply to determinations pending on 
or after such date with respect to which a final administra-
tive decision has not been rendered as of such date.
123 
SEC. 412. REMOVING MURDERERS, RAPISTS, SEXUAL ABUS-
ERS OF CHILDREN, AND DRUNK DRIVERS. 
(a) REMOVING MURDERERS, RAPISTS, AND SEXUAL 
ABUSERS OF CHILDREN.—Subparagraph (A) of section 
101(a)(43) (8 U.S.C. 1101(a)(43)) is amended by insert-
ing before the semicolon at the end the following: ‘‘, re-
gardless of the term of imprisonment, and regardless of 
whether the offenses are deemed to be misdemeanors or 
felonies under State or Federal law,’’. 
(b) 
REMOVING
DRUNK
DRIVERS.—Section 
101(a)(43)(F) is amended by inserting ‘‘, including a third 
drunk driving conviction, regardless of the States in which 
the convictions occurred, and regardless of whether the of-
fenses are deemed to be misdemeanors or felonies under 
State or Federal law,’’ after ‘‘offense)’’. 
(c) EFFECTIVE DATE.—The amendment made by the 
section shall take effect on the date of the enactment of 
this Act and shall apply to convictions entered on or after 
such date. 
SEC. 413. DETENTION AND RELEASE OF CRIMINAL ALIENS 
PENDING REMOVAL DECISION. 
(a) ARREST AND DETENTION.— 
(1) IN GENERAL.—Section 236(c)(1) (8 U.S.C. 
1226(c)(1)) is amended— 
(A) by striking the matter preceding sub-
paragraph (A) and inserting the following:
124 
‘‘(1) ARREST AND DETENTION.—On a warrant 
issued by the Secretary of Homeland Security, an 
alien shall be arrested and detained pending a deci-
sion on whether the alien is to be removed from the 
United States if the Secretary alleges that the 
alien—’’; 
(B) in subparagraph (D), by striking the 
comma at the end and inserting a period; and 
(C) by striking the matter following sub-
paragraph (D) and adding at the end the fol-
lowing: 
‘‘Nothing in this paragraph shall be construed as requir-
ing the Secretary to arrest or detain an alien who is sen-
tenced to a term of imprisonment until the alien is re-
leased from imprisonment, but parole, supervised release, 
probation, or possibility of arrest or further imprisonment 
is not a reason for the Secretary to defer arrest and deten-
tion under this paragraph.’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall apply to aliens who are in 
proceedings under the Immigration and Nationality 
Act on or after the date of the enactment of this Act 
if those proceedings have not resulted in a final ad-
ministrative order before such date. 
(b) RELEASE.—
125 
(1) IN GENERAL.—Section 236(c)(2) (8 U.S.C. 
1226(c)(2)) is amended— 
(A) by inserting after the first sentence the 
following: 
‘‘To satisfy this burden, the alien is required to present 
documentary evidence or witness testimony from a third 
party, where such evidence is reasonably available. No 
finder of fact may determine that such evidence is not rea-
sonably available solely because the alien is detained.’’; 
and 
(B) by adding at the end the following: 
‘‘The Secretary of Homeland Security may release an 
alien under this paragraph only on bond of at least $5,000 
with security approved by, and containing conditions pre-
scribed by, the Secretary.’’. 
(2) CONDITION ON RELEASE.—Section 236(a) 
(8 U.S.C. 1226(a)) is amended by adding at the end 
the following: 
‘‘In order to be released, the alien has the burden of prov-
ing that the alien is neither a danger to the community 
nor a flight risk. To satisfy this burden, the alien is re-
quired to present documentary evidence or witness testi-
mony from a third party, where such evidence is reason-
ably available. No finder of fact may determine that such
126 
evidence is not reasonably available solely because the 
alien is detained.’’. 
(3) EFFECTIVE DATE.—The amendments made 
by this subsection shall apply to releases occurring 
on or after the date of the enactment of this Act. 
Subtitle C—Removing Alien 
Human Rights Violators 
SEC. 421. SERIOUS HUMAN RIGHTS VIOLATOR DEFINED. 
Section 101(a) (8 U.S.C. 1101(a)) is amended by 
adding at the end the following: 
‘‘(51)(A) The term ‘serious human rights violator’ 
means any alien who— 
‘‘(i) ordered, incited, assisted, or otherwise par-
ticipated in the persecution of any person on account 
of race, religion, nationality, membership in a par-
ticular social group, or political opinion; 
‘‘(ii) while serving as a foreign government offi-
cial, was responsible for, or directly carried out, par-
ticularly severe violations of religious freedom (as 
defined in section 3 of the International Religious 
Freedom Act of 1998 (22 U.S.C. 6402)); 
‘‘(iii) during an armed conflict, ordered, incited, 
assisted, or otherwise participated in a war crime (as 
defined in section 2441(c) of title 18, United States 
Code);
127 
‘‘(iv) ordered, incited, assisted, otherwise par-
ticipated in, attempted to commit, or conspired to 
commit conduct that would constitute genocide (as 
defined in section 1091(a) of title 18, United States 
Code), if the conduct were committed in the United 
States or by a United States national; 
‘‘(v) ordered, incited, assisted, or otherwise par-
ticipated in the commission of— 
‘‘(I) any act of torture, as defined in sec-
tion 2340 of title 18, United States Code; or 
‘‘(II) under color of law of any foreign na-
tion, any extrajudicial killing, as defined in sec-
tion 3(a) of the Torture Victim Protection Act 
of 1991 (28 U.S.C. 1350 note); or 
‘‘(vi) committed, ordered, incited, assisted, oth-
erwise participated in, or was responsible for any of 
the following acts, when undertaken in whole or in 
significant part for a political, religious, or discrimi-
natory purpose: 
‘‘(I) Murder or other homicide. 
‘‘(II) Kidnapping. 
‘‘(III) Disappearance. 
‘‘(IV) Rape. 
‘‘(V) Torture or mutilation. 
‘‘(VI) Prolonged, arbitrary detention.
128 
‘‘(VII) Enslavement. 
‘‘(VIII) Forced prostitution, impregnation, 
sterilization, or abortion. 
‘‘(IX) Genocide. 
‘‘(X) Extermination. 
‘‘(XI) Recruitment of persons under the 
age of 15 for use in armed conflict. 
‘‘(B) Subparagraph (A) shall not apply to an alien 
who demonstrates by clear and convincing evidence that 
the conduct was committed under extreme duress. For 
purposes of the preceding sentence, ‘extreme duress’ 
means duress created by a threat of imminent death or 
rape of the alien, or a spouse, child, or parent of the 
alien.’’. 
SEC. 422. DEPORTABILITY OF SERIOUS HUMAN RIGHTS 
VIOLATORS. 
(a) IN
GENERAL.—Section 237(a) (8 U.S.C. 
1227(a)) is amended by adding at the end the following: 
‘‘(8) SERIOUS
HUMAN
RIGHTS
VIOLATORS.— 
Any serious human rights violator is deportable.’’. 
(b) 
CONFORMING
AMENDMENT.—Section 
237(a)(4)(D) (8 U.S.C. 1227(a)(4)(D)) is amended to 
read as follows:
129 
‘‘(D) ASSISTED IN NAZI PERSECUTION.— 
Any alien described in section 212(a)(3)(E) is 
deportable.’’. 
SEC. 423. ARREST AND DETENTION OF SERIOUS HUMAN 
RIGHTS VIOLATORS PENDING REMOVAL AND 
CRIMINAL PROSECUTION DECISIONS. 
(a) CUSTODY.—Section 236(c)(1)(D) (8 U.S.C. 
1226(c)(1)(D)) 
is 
amended 
by 
striking 
‘‘section 
237(a)(4)(B),’’ and inserting ‘‘paragraph (4)(B) or (8) of 
section 237(a)’’. 
(b) NOTICE TO CRIMINAL DIVISION.—Section 236(c) 
(8 U.S.C. 1226(c)) is amended by adding at the end the 
following: 
‘‘(3) NOTICE TO CRIMINAL DIVISION.—The Sec-
retary of Homeland Security shall ensure that the 
Assistant Attorney General for the Criminal Division 
of the Department of Justice— 
‘‘(A) is notified when an alien is arrested 
and detained under paragraph (1) by reason of 
inadmissibility under section 212(a)(2)(G) or 
deportability under section 237(a)(8); 
‘‘(B) is provided the information that was 
the basis for the application of such paragraph; 
and
130 
‘‘(C) makes a determination whether the 
alien should be arrested and prosecuted in the 
United States for a criminal offense. 
‘‘(4) REPORTS.—Beginning 6 months after the 
date of the enactment of the Securing America’s Fu-
ture through Enforcement Reform Act of 2005, and 
every 12 months thereafter, the Secretary of Home-
land Security and the Attorney General shall submit 
to the Committees on the Judiciary of the United 
States House of Representatives and of the Senate 
a report containing the following: 
‘‘(A) The number of removal proceedings 
initiated 
against 
aliens 
under 
sections 
212(a)(2)(G) and 237(a)(8) during the report-
ing period. 
‘‘(B) The number of removal proceedings 
under sections 212(a)(2)(G) and 237(a)(8) 
pending at the conclusion of the reporting pe-
riod. 
‘‘(C) The number of aliens removed under 
sections 212(a)(2)(G) and 237(a)(8) during the 
reporting period. 
‘‘(D) The number of notifications under 
paragraph (3)(A) made during the reporting pe-
riod.
131 
‘‘(E) The number of criminal prosecutions 
initiated during the reporting period based on 
information provided under paragraph (3). 
‘‘(F) The number of criminal prosecutions 
pending at the conclusion of the reporting pe-
riod that were initiated based on information 
provided under paragraph (3). 
‘‘(G) The number of criminal prosecutions 
initiated based on information provided under 
paragraph (3) that resulted in a conviction dur-
ing the reporting period.’’. 
SEC. 424. EXCEPTION TO RESTRICTION ON REMOVAL FOR 
SERIOUS HUMAN RIGHTS VIOLATORS AND 
TERRORISTS. 
Section 241(b)(3)(B) (8 U.S.C. 1231(b)(3)(B)) is 
amended— 
(1) in the matter preceding clause (i), by strik-
ing ‘‘section 237(a)(4)(D)’’ and inserting ‘‘subpara-
graph (B), (D), or (E) of section 237(a)(4)’’; and 
(2) by amending clause (i) to read as follows: 
‘‘(i) the alien is a serious human 
rights violator;’’.
132 
SEC. 425. INITIATION OF REMOVAL PROCEEDINGS AGAINST 
SERIOUS HUMAN RIGHTS VIOLATORS BY 
COMPLAINT. 
Section 239 (8 U.S.C. 1229) is amended by adding 
at the end the following: 
‘‘(e) COMPLAINTS RESPECTING SERIOUS HUMAN 
RIGHTS VIOLATORS.— 
‘‘(1) ESTABLISHMENT OF PROCESS.—The Sec-
retary of Homeland Security shall establish a proc-
ess for the receipt, investigation, and disposition of 
complaints alleging that an alien present in the 
United States is a serious human rights violator and 
identifying that alien. 
‘‘(2) PERSONS
ENTITLED
TO
FILE
COM-
PLAINTS.—Any individual may file a complaint 
under paragraph (1). 
‘‘(3) FORM AND CONTENT OF COMPLAINT.—A 
complaint under paragraph (1) shall be in the form 
of a written statement, executed under oath or as 
permitted under penalty of perjury under section 
1746 of title 28, United States Code, and shall con-
tain such information as the Secretary of Homeland 
Security may require. Complaints shall be filed with 
an office designated for that purpose by the Sec-
retary.
133 
‘‘(4) NOTICE
SERVED
ON
SUBJECT
OF
COM-
PLAINT.—The Secretary shall serve notice, by cer-
tified mail and within 14 days of the filing of a com-
plaint under paragraph (1), on each alien identified 
in the complaint as a serious human rights violator. 
The alien shall answer the complaint within 10 days 
of receiving it. 
‘‘(5) INVESTIGATION AND ACTION.—The Sec-
retary shall conduct an investigation of each com-
plaint that satisfies the requirements of this sub-
section. Not later than 180 days after the date of fil-
ing of such a complaint, the Secretary, with respect 
to each alien identified in the complaint as a serious 
human rights violator— 
‘‘(A) shall initiate removal proceedings 
against the alien; or 
‘‘(B) shall issue to the complainant a writ-
ten determination that, in the opinion of the 
Secretary, the alien is not a serious human 
rights violator. 
‘‘(6) CONSTRUCTION.—Nothing in this sub-
section shall be construed to limit the discretion of 
consular officers under section 291 to determine eli-
gibility for a visa or document required for entry or 
to limit the discretion of any immigration officer
134 
otherwise to initiate removal proceedings under this 
Act.’’. 
SEC. 426. BARS TO REFUGEE STATUS AND ASYLUM FOR SE-
RIOUS HUMAN RIGHTS VIOLATORS. 
(a) REFUGEE DEFINED.—Section 101(a)(42) (8 
U.S.C. 1101(a)(42)) is amended by striking the second 
sentence and inserting ‘‘The term ‘refugee’ does not in-
clude any person who is a serious human rights violator 
as defined in section 101(a)(51)(A).’’. 
(b) NO WAIVER OF GROUND OF INADMISSIBILITY 
FOR REFUGE SEEKERS.—Section 207(c)(3) (8 U.S.C. 
1157(c)(3)) is amended by inserting ‘‘or (2)(G)’’ after 
‘‘(2)(C)’’. 
(c) EXCEPTIONS TO GRANTING ASYLUM.—Section 
208(b)(2)(A)(i) (8 U.S.C. 1158(b)(2)(A)(i)) is amended to 
read as follows: 
‘‘(i) the alien is a serious human 
rights violator;’’. 
(d) EXTENSION TO SPOUSES AND CHILDREN OF EX-
CEPTIONS TO GRANTING ASYLUM.—Section 208(b)(3) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1158(b)(3)) is amended by striking ‘‘such alien.’’ and in-
serting ‘‘such alien, unless the Secretary of Homeland Se-
curity determines that one of the exceptions in clauses (i)
135 
through (v) of paragraph (2)(A) applies to the spouse or 
child.’’. 
SEC. 427. BAR TO ADJUSTMENT OF STATUS FOR SERIOUS 
HUMAN RIGHTS VIOLATORS. 
Section 209(c) (8 U.S.C. 1159(c)) is amended by in-
serting ‘‘or (2)(G)’’ after ‘‘(2)(C)’’. 
SEC. 428. BAR TO FINDING OF GOOD MORAL CHARACTER 
FOR SERIOUS HUMAN RIGHTS VIOLATORS. 
Section 101(f) (8 U.S.C. 1101(f)) is amended by in-
serting after paragraph (1) the following: 
‘‘(2) a serious human rights violator;’’. 
SEC. 429. BAR TO CANCELLATION OF REMOVAL FOR SERI-
OUS HUMAN RIGHTS VIOLATORS. 
Section 240A(c)(4) (8 U.S.C. 1229b(c)(4)) is amend-
ed— 
(1) by striking ‘‘section 212(a)(3)’’ and insert-
ing ‘‘paragraph (2)(G) or (3) of section 212(a)’’; 
and 
(2) by striking ‘‘section 237(a)(4).’’ and insert-
ing ‘‘paragraph (4) or (8) of section 237(a).’’. 
SEC. 430. BAR TO ADJUSTMENT OF STATUS WITH RESPECT 
TO CERTAIN SPECIAL IMMIGRANTS. 
Section 245(h)(2)(B) (8 U.S.C. 1255(h)(2)(B)) is 
amended by inserting ‘‘(2)(G),’’ before ‘‘(3)(A)’’.
136 
SEC. 431. CRIMINAL PENALTIES FOR REENTRY OF RE-
MOVED SERIOUS HUMAN RIGHTS VIOLATORS. 
Section 276(b) (8 U.S.C. 1326(b)) is amended— 
(1) in paragraph (3), by striking ‘‘sentence. or’’ 
and inserting ‘‘sentence;’’; 
(2) in paragraph (4), by striking the period at 
the end and inserting ‘‘; or’’; and 
(3) by inserting after paragraph (4) the fol-
lowing: 
‘‘(5) who was removed from the United States 
pursuant to section 212(a)(2)(G) or 237(a)(8), and 
who thereafter, without the permission of the Sec-
retary of Homeland Security, enters, attempts to 
enter, or is at any time found in, the United States 
shall be fined under title 18, United States Code, 
imprisoned not more than 10 years, or both.’’. 
SEC. 432. AIDING OR ASSISTING SERIOUS HUMAN RIGHTS 
VIOLATORS TO ENTER THE UNITED STATES. 
Section 277 (8 U.S.C. 1327) is amended by striking 
‘‘felony)’’ and inserting ‘‘felony or is a serious human 
rights violator)’’. 
SEC. 433. REVISION OF REGULATIONS WITH RESPECT TO 
THE INVOLUNTARY RETURN OF PERSONS IN 
DANGER OF SUBJECTION TO TORTURE. 
(a) REGULATIONS.—
137 
(1) REVISION DEADLINE.—Not later than 120 
days after the date of the enactment of this Act, the 
Secretary of Homeland Security shall revise the reg-
ulations prescribed by the Secretary to implement 
the United Nations Convention Against Torture and 
Other Forms of Cruel, Inhuman or Degrading 
Treatment or Punishment, done at New York on 
December 10, 1984. 
(2) EXCLUSION OF CERTAIN ALIENS.—The re-
vision shall exclude from the protection of such regu-
lations aliens described in section 241(b)(3)(B) of 
the Immigration and Nationality Act (8 U.S.C. 
1231(b)(3)(B)) (as amended by section 424 of this 
Act), including rendering such aliens ineligible for 
withholding or deferral of removal under the Con-
vention. 
(3) BURDEN
OF
PROOF.—The revision shall 
also ensure that the burden of proof is on the appli-
cant for withholding or deferral of removal under the 
Convention to establish by clear and convincing evi-
dence that he or she would be tortured if removed 
to the proposed country of removal. 
(b) JUDICIAL REVIEW.—Notwithstanding any other 
provision of law, no court shall have jurisdiction to review 
the regulations adopted to implement this section, and
138 
nothing in this section shall be construed as providing any 
court jurisdiction to consider or review claims raised under 
the Convention or this section, except as part of the review 
of a final order of removal pursuant to section 242 of the 
Immigration and Nationality Act (8 U.S.C. 1252). 
SEC. 434. FUNDING FOR DETENTION AND REMOVAL ASSIST-
ANCE PROVIDED BY STATE AND LOCAL LAW 
ENFORCEMENT AGENCIES. 
(a) The Secretary of Homeland Security shall reim-
burse verifiable claims submitted by a law enforcement 
agency of a State, or any political subdivision of a State, 
that were lawfully incurred for the emergency medical 
care, housing, and care in a secure facility, and the trans-
portation into Federal custody at a location designated by 
the Secretary, of any alien detained as inadmissible under 
section 212(a) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)) or deportable under section 237(a) of 
such Act (8 U.S.C. 1227(a)), if— 
(1) transfer to Federal custody has occurred; 
(2)(A) a determination is subsequently made 
under section 240(c)(1) of the Immigration and Na-
tionality Act (8 U.S.C. 1229a(c)(1)) that such alien 
is removable; or 
(B) a determination is made that the alien has 
permanently departed the United States; and
139 
(3) reimbursement for all costs excepting trans-
portation costs is made according to per diem rates 
established by the Secretary. 
(b) Per diem rates described in subparagraph (a)(3) 
shall be determined after public notice and comment. 
(c) In addition to funds otherwise available for such 
purpose, there are authorized to be appropriated to the 
Department of Homeland Security such sums as may be 
necessary to carry out subsection (a). 
SEC. 435. EFFECTIVE DATE. 
This subtitle, and the amendments made by this sub-
title, shall take effect on the date of the enactment of this 
Act and shall apply to violations occurring before (except 
for section 434 of this Act), on, or after such date. 
TITLE V—ENHANCING ENFORCE-
MENT OF THE IMMIGRATION 
AND 
NATIONALITY 
ACT 
IN 
THE INTERIOR 
Subtitle A—Document Security 
SEC. 501. SECURE TRAVEL DOCUMENTS. 
(a) IN GENERAL.—Section 215 (8 U.S.C. 1185) is 
amended— 
(1) by adding at the end the following: 
‘‘(g)(1) The use by any person of any travel or identi-
fication document designated as insecure by the Secretary