141 
SEC. 412. NUMBER OF DESIGNATED SCHOOL OFFICIALS. 
Section 641(d) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(d)), 
as amended by section 412(a) of this Act, is further amend-
ed by adding at the end the following: 
‘‘(7) NUMBER
OF
DESIGNATED
SCHOOL
OFFI-
CIALS.—School officials may nominate as many Des-
ignated School Officials (DSOs) in addition to the 
school’s Principal Designated School Official (PDSO) 
as they determine necessary to adequately provide rec-
ommendations to students enrolled at the school re-
garding maintenance of nonimmigrant status under 
subparagraph (F) or (M) of section 101(a)(15) and to 
support timely and complete recordkeeping and re-
porting to the Secretary of Homeland Security, as re-
quired by this section, except that a school may not 
have less than one DSO per every 200 students who 
have nonimmigrant status pursuant to subparagraph 
(F), (J), or (M) of such section. School officials shall 
not permit a DSO or PDSO nominee access to 
SEVIS until the Secretary approves the nomina-
tion.’’. 
SEC. 413. REPORTING REQUIREMENT. 
Section 442(a) of the Homeland Security Act of 2002 
(6 U.S.C. 252(a)) is amended— 
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(1) by redesignating paragraph (5) as para-
graph (6); and 
(2) by inserting after paragraph (4) the fol-
lowing: 
‘‘(5) STUDENT
AND
EXCHANGE
VISITOR
PRO-
GRAM.—In administering the program under para-
graph (4), the Secretary shall, not later than one year 
after the date of the enactment of this paragraph, pre-
scribe regulations to require an institution or ex-
change visitor program sponsor participating in the 
Student Exchange Visitor Program to ensure that 
each student or exchange visitor who has non-
immigrant status pursuant to subparagraph (F), (J), 
or (M) of section 101(a)(15) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)) enrolled at 
the institution or attending the exchange visitor pro-
gram is reported to the Department within 10 days 
of— 
‘‘(A) transferring to another institution or 
program; 
‘‘(B) changing academic majors; or 
‘‘(C) any other changes to information re-
quired to be maintained in the system described 
in paragraph (4).’’. 
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143 
SEC. 414. FLIGHT SCHOOLS NOT CERTIFIED BY FAA. 
(a) IN GENERAL.—Except as provided in subsection 
(b), the Secretary of Homeland Security shall prohibit any 
flight school in the United States from accessing SEVIS or 
issuing a Form I–20 to an alien seeking a student visa pur-
suant to subparagraph (F)(i) or (M)(i) of section 
101(a)(15) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)) if the flight school has not been cer-
tified to the satisfaction of the Secretary and by the Federal 
Aviation Administration pursuant to part 141 or part 142 
of title 14, Code of Federal Regulations (or similar successor 
regulations). 
(b) TEMPORARY EXCEPTION.—During the 5-year pe-
riod beginning on the date of the enactment of this Act, 
the Secretary may waive the requirement under subsection 
(a) that a flight school be certified by the Federal Aviation 
Administration if such flight school— 
(1) was certified under the Student and Ex-
change Visitor Program on the date of the enactment 
of this Act; 
(2) submitted an application for certification 
with the Federal Aviation Administration during the 
1-year period beginning on such date; and 
(3) continues to progress toward certification by 
the Federal Aviation Administration. 
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144 
SEC. 415. REVOCATION OF ACCREDITATION. 
At the time an accrediting agency or association is re-
quired to notify the Secretary of Education and the appro-
priate State licensing or authorizing agency of the final de-
nial, withdrawal, suspension, or termination of accredita-
tion of an institution pursuant to section 496 of the Higher 
Education Act of 1965 (20 U.S.C. 1099b), such accrediting 
agency or association shall notify the Secretary of Home-
land Security of such determination and the Secretary of 
Homeland Security shall immediately withdraw the school 
from the SEVP and prohibit the school from accessing 
SEVIS. 
SEC. 416. REPORT ON RISK ASSESSMENT. 
Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Homeland Security shall sub-
mit to the Committee on the Judiciary of the Senate and 
the Committee on the Judiciary of the House of Representa-
tives a report that contains the risk assessment strategy that 
will be employed by the Secretary to identify, investigate, 
and take appropriate action against schools and school offi-
cials that are facilitating the issuance of Form I–20 and 
the maintenance of student visa status in violation of the 
immigration laws of the United States. 
SEC. 417. IMPLEMENTATION OF GAO RECOMMENDATIONS. 
Not later than 180 days after the date of the enactment 
of this act, the Secretary of Homeland Security shall submit 
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145 
to the Committee on the Judiciary of the Senate and the 
Committee on the Judiciary of the House of Representatives 
a report that describes— 
(1) the process in place to identify and assess 
risks in the SEVP; 
(2) a risk assessment process to allocate SEVP’s 
resources based on risk; 
(3) the procedures in place for consistently en-
suring a school’s eligibility, including consistently 
verifying in lieu of letters; 
(4) how SEVP identified and addressed missing 
school case files; 
(5) a plan to develop and implement a process 
to monitor state licensing and accreditation status of 
all SEVP-certified schools; 
(6) whether all flight schools that have not been 
certified to the satisfaction of the Secretary and by 
the Federal Aviation Administration have been re-
moved from the program and have been restricted 
from accessing SEVIS; 
(7) the standard operating procedures that gov-
ern coordination among SEVP, Counterterrorism and 
Criminal Exploitation Unit, and U.S. Immigration 
and Customs Enforcement field offices; and 
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(8) the established criteria for referring cases of 
a potentially criminal nature from SEVP to the 
counterterrorism and intelligence community. 
SEC. 418. IMPLEMENTATION OF SEVIS II. 
Not later than 2 years after the date of the enactment 
of this Act, the Secretary of Homeland Security shall com-
plete the deployment of both phases of the 2nd generation 
Student and Exchange Visitor Information System (com-
monly known as ‘‘SEVIS II’’). 
SEC. 419. DEFINITIONS. 
(a) DEFINITIONS.—For purposes of this title: 
(1) SEVIS.—The term ‘‘SEVIS’’ means the Stu-
dent and Exchange Visitor Information System of the 
Department of Homeland Security. 
(2) SEVP.—The term ‘‘SEVP’’ means the Stu-
dent and Exchange Visitor Program of the Depart-
ment of Homeland Security. 
TITLE V—AID TO U.S. IMMIGRA-
TION 
AND 
CUSTOMS 
EN-
FORCEMENT OFFICERS 
SEC. 501. ICE IMMIGRATION ENFORCEMENT AGENTS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall authorize all immigration enforcement agents and 
deportation officers of the Department of Homeland Secu-
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148 
fore a warrant can be obtained for his arrest,’’ and insert-
ing ‘‘regulation,’’. 
(c) PAY.—Immigration enforcement agents shall be 
paid on the same scale as Immigration and Customs En-
forcement deportation officers and shall receive the same 
benefits. 
SEC. 502. ICE DETENTION ENFORCEMENT OFFICERS. 
(a) AUTHORIZATION.—The Secretary of Homeland Se-
curity is authorized to hire 2,500 Immigration and Cus-
toms Enforcement detention enforcement officers. 
(b) DUTIES.—Immigration and Customs Enforcement 
detention enforcement officers who have successfully com-
pleted detention enforcement officers’ basic training shall 
be responsible for— 
(1) taking and maintaining custody of any per-
son who has been arrested by an immigration officer; 
(2) transporting and guarding immigration de-
tainees; 
(3) securing Department of Homeland Security 
detention facilities; and 
(4) assisting in the processing of detainees. 
SEC. 503. ENSURING THE SAFETY OF ICE OFFICERS AND 
AGENTS. 
(a) BODY ARMOR.—The Secretary of Homeland Secu-
rity shall ensure that every Immigration and Customs En-
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forcement deportation officer and immigration enforcement 
agent on duty is issued high-quality body armor that is 
appropriate for the climate and risks faced by the agent. 
Enough body armor must be purchased to cover every agent 
in the field. 
(b) WEAPONS.—Such Secretary shall ensure that Im-
migration and Customs Enforcement deportation officers 
and immigration enforcement agents are equipped with 
weapons that are reliable and effective to protect themselves, 
their fellow agents, and innocent third parties from the 
threats posed by armed criminals. Such weapons shall in-
clude, at a minimum, standard-issue handguns, M–4 (or 
equivalent) rifles, and Tasers. 
(c) EFFECTIVE DATE.—This section shall take effect 
90 days after the date of the enactment of this Act. 
SEC. 504. ICE ADVISORY COUNCIL. 
(a) ESTABLISHMENT.—An ICE Advisory Council shall 
be established not later than 3 months after the date of the 
enactment of this Act. 
(b) MEMBERSHIP.—The ICE Advisor Council shall be 
comprised of 7 members. 
(c) APPOINTMENT.—Members shall to be appointed in 
the following manner: 
(1) One member shall be appointed by the Presi-
dent; 
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(2) One member shall be appointed by the Chair-
man of the Judiciary Committee of the House of Rep-
resentatives; 
(3) One member shall be appointed by the Chair-
man of the Judiciary Committee of the Senate; 
(4) One member shall be appointed by the Local 
511, the ICE prosecutor’s union; and 
(5) Three members shall be appointed by the Na-
tional Immigration and Customs Enforcement Coun-
cil. 
(d) TERM.—Members shall serve renewable, 2-year 
terms. 
(e) VOLUNTARY.—Membership shall be voluntary and 
non-remunerated, except that members will receive reim-
bursement from the Secretary of Homeland Security for 
travel and other related expenses. 
(f) RETALIATION PROTECTION.—Members who are em-
ployed by the Secretary of Homeland Security shall be pro-
tected from retaliation by their supervisors, managers, and 
other Department of Homeland Security employees for their 
participation on the Council. 
(g) PURPOSE.—The purpose of the Council is to advise 
the Congress and the Secretary of Homeland Security on 
issues including the following: 
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151 
(1) The current status of immigration enforce-
ment efforts, including prosecutions and removals, the 
effectiveness of such efforts, and how enforcement 
could be improved; 
(2) The effectiveness of cooperative efforts between 
the Secretary of Homeland Security and other law 
enforcement agencies, including additional types of 
enforcement activities that the Secretary should be en-
gaged in, such as State and local criminal task forces; 
(3) Personnel, equipment, and other resource 
needs of field personnel; 
(4) Improvements that should be made to the or-
ganizational structure of the Department of Home-
land Security, including whether the position of im-
migration enforcement agent should be merged into 
the deportation officer position; and 
(5) The effectiveness of specific enforcement poli-
cies and regulations promulgated by the Secretary of 
Homeland Security, and whether other enforcement 
priorities should be considered. 
(h) REPORTS.—The Council shall provide quarterly 
reports to the Chairmen and Ranking Members of the Judi-
ciary Committees of the Senate and the House of Represent-
atives and to the Secretary of Homeland Security. The 
Council members shall meet directly with the Chairmen and 
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Ranking Members (or their designated representatives) and 
with the Secretary to discuss their reports every 6 months. 
SEC. 505. PILOT PROGRAM FOR ELECTRONIC FIELD PROC-
ESSING. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall establish a pilot program in at least five of the 
10 Immigration and Customs Enforcement field offices with 
the largest removal caseloads to allow Immigration and 
Customs deportation officers and immigration enforcement 
agents to— 
(1) electronically process and serve charging doc-
uments, including Notices to Appear, while in the 
field; and 
(2) electronically process and place detainers 
while in the field. 
(b) DUTIES.—The pilot program described in sub-
section (a) shall be designed to allow deportation officers 
and immigration enforcement agents to use handheld or ve-
hicle-mounted computers to— 
(1) enter any required data, including personal 
information about the alien subject and the reason for 
issuing the document; 
(2) apply the electronic signature of the issuing 
officer or agent; 
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(3) set the date the alien is required to appear 
before an immigration judge, in the case of Notices to 
Appear; 
(4) print any documents the alien subject may 
be required to sign, along with additional copies of 
documents to be served on the alien; and 
(5) interface with the ENFORCE database so 
that all data is stored and retrievable. 
(c) CONSTRUCTION.—The pilot program described in 
subsection (a) shall be designed to replace, to the extent pos-
sible, the current paperwork and data-entry process used 
for issuing such charging documents and detainers. 
(d) DEADLINE.—The Secretary shall initiate the pilot 
program described in subsection (a) within 6 months of the 
date of enactment of this Act. 
(e) REPORT.—The Government Accountability Office 
shall report to the Judiciary Committee of the Senate and 
the House of Representatives no later than 18 months after 
the date of enactment of this Act on the effectiveness of the 
pilot program and provide recommendations for improving 
it. 
(f) ADVISORY COUNCIL.—The ICE Advisory Council 
established by section 504 shall include an recommenda-
tions on how the pilot program should work in the first 
quarterly report of the Council, and shall include assess-
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ments of the program and recommendations for improve-
ment in each subsequent report. 
(g) EFFECTIVE DATE.—This section shall take effect 
180 days after the date of the enactment of this Act. 
SEC. 506. ADDITIONAL ICE DEPORTATION OFFICERS AND 
SUPPORT STAFF. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall, subject to the availability of appropriations for 
such purpose, increase the number of positions for full-time 
active-duty Immigration and Customs Enforcement depor-
tation officers by 5,000 above the number of full-time posi-
tions for which funds were appropriated for fiscal year 
2013. The Secretary will determine the rate at which the 
additional officers will be added with due regard to filling 
the positions as expeditiously as possible without making 
any compromises in the selection or the training of the ad-
ditional officers. 
(b) SUPPORT STAFF.—The Secretary shall, subject to 
the availability of appropriations for such purpose, increase 
the number of positions for full-time support staff for Immi-
gration and Customs Enforcement deportation officers by 
700 above the number of full-time positions for which funds 
were appropriated for fiscal year 2013. 
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155 
SEC. 507. ADDITIONAL ICE PROSECUTORS. 
The Secretary of Homeland Security shall increase by 
60 the number of full-time trial attorneys working for the 
Immigration and Customs Enforcement Office of the Prin-
cipal Legal Advisor. 
TITLE VI—MISCELLANEOUS 
ENFORCEMENT PROVISIONS 
SEC. 601. ENCOURAGING ALIENS TO DEPART VOLUNTARILY. 
(a) IN GENERAL.—Section 240B of the Immigration 
and Nationality Act (8 U.S.C. 1229c) is amended— 
(1) in subsection (a)— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) INSTEAD
OF
REMOVAL
PROCEEDINGS.—If 
an alien is not described in paragraph (2)(A)(iii) or 
(4) of section 237(a), the Secretary of Homeland Se-
curity may permit the alien to voluntarily depart the 
United States at the alien’s own expense under this 
subsection instead of being subject to proceedings 
under section 240.’’; 
(B) by striking paragraph (3); 
(C) by redesignating paragraph (2) as 
paragraph (3); 
(D) by adding after paragraph (1) the fol-
lowing: 
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‘‘(2) BEFORE
THE
CONCLUSION
OF
REMOVAL 
PROCEEDINGS.—If an alien is not described in para-
graph (2)(A)(iii) or (4) of section 237(a), the Attor-
ney General may permit the alien to voluntarily de-
part the United States at the alien’s own expense 
under this subsection after the initiation of removal 
proceedings under section 240 and before the conclu-
sion of such proceedings before an immigration 
judge.’’; 
(E) in paragraph (3), as redesignated— 
(i) by amending subparagraph (A) to 
read as follows: 
‘‘(A) INSTEAD
OF
REMOVAL.—Subject to 
subparagraph (C), permission to voluntarily de-
part under paragraph (1) shall not be valid for 
any period in excess of 120 days. The Secretary 
may require an alien permitted to voluntarily 
depart under paragraph (1) to post a voluntary 
departure bond, to be surrendered upon proof 
that the alien has departed the United States 
within the time specified.’’; 
(ii) by redesignating subparagraphs 
(B), (C), and (D) as subparagraphs (C), 
(D), and (E), respectively; 
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(iii) by adding after subparagraph (A) 
the following: 
‘‘(B) BEFORE
THE
CONCLUSION
OF
RE-
MOVAL
PROCEEDINGS.—Permission to volun-
tarily depart under paragraph (2) shall not be 
valid for any period in excess of 60 days, and 
may be granted only after a finding that the 
alien has the means to depart the United States 
and intends to do so. An alien permitted to vol-
untarily depart under paragraph (2) shall post 
a voluntary departure bond, in an amount nec-
essary to ensure that the alien will depart, to be 
surrendered upon proof that the alien has de-
parted the United States within the time speci-
fied. An immigration judge may waive the re-
quirement to post a voluntary departure bond in 
individual cases upon a finding that the alien 
has presented compelling evidence that the post-
ing of a bond will pose a serious financial hard-
ship and the alien has presented credible evi-
dence that such a bond is unnecessary to guar-
antee timely departure.’’; 
(iv) in subparagraph (C), as redesig-
nated, by striking ‘‘subparagraphs (C) and 
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(D)(ii)’’ and inserting ‘‘subparagraphs (D) 
and (E)(ii)’’; 
(v) in subparagraph (D), as redesig-
nated, by striking ‘‘subparagraph (B)’’ each 
place that term appears and inserting ‘‘sub-
paragraph (C)’’; and 
(vi) in subparagraph (E), as redesig-
nated, by striking ‘‘subparagraph (B)’’ each 
place that term appears and inserting ‘‘sub-
paragraph (C)’’; and 
(F) in paragraph (4), by striking ‘‘para-
graph (1)’’ and inserting ‘‘paragraphs (1) and 
(2)’’; 
(2) in subsection (b)(2), by striking ‘‘a period ex-
ceeding 60 days’’ and inserting ‘‘any period in excess 
of 45 days’’; 
(3) by amending subsection (c) to read as fol-
lows: 
‘‘(c) CONDITIONS ON VOLUNTARY DEPARTURE.— 
‘‘(1) VOLUNTARY DEPARTURE AGREEMENT.—Vol-
untary departure may only be granted as part of an 
affirmative agreement by the alien. A voluntary de-
parture agreement under subsection (b) shall include 
a waiver of the right to any further motion, appeal, 
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application, petition, or petition for review relating 
to removal or relief or protection from removal. 
‘‘(2) CONCESSIONS BY THE SECRETARY.—In con-
nection with the alien’s agreement to depart volun-
tarily under paragraph (1), the Secretary of Home-
land Security may agree to a reduction in the period 
of inadmissibility under subparagraph (A) or (B)(i) 
of section 212(a)(9). 
‘‘(3) ADVISALS.—Agreements relating to vol-
untary departure granted during removal proceedings 
under section 240, or at the conclusion of such pro-
ceedings, shall be presented on the record before the 
immigration judge. The immigration judge shall ad-
vise the alien of the consequences of a voluntary de-
parture agreement before accepting such agreement. 
‘‘(4) FAILURE TO COMPLY WITH AGREEMENT.— 
‘‘(A) IN GENERAL.—If an alien agrees to 
voluntary departure under this section and fails 
to depart the United States within the time al-
lowed for voluntary departure or fails to comply 
with any other terms of the agreement (including 
failure to timely post any required bond), the 
alien is— 
‘‘(i) ineligible for the benefits of the 
agreement; 
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‘‘(ii) subject to the penalties described 
in subsection (d); and 
‘‘(iii) subject to an alternate order of 
removal if voluntary departure was granted 
under subsection (a)(2) or (b). 
‘‘(B) EFFECT OF FILING TIMELY APPEAL.— 
If, after agreeing to voluntary departure, the 
alien files a timely appeal of the immigration 
judge’s decision granting voluntary departure, 
the alien may pursue the appeal instead of the 
voluntary departure agreement. Such appeal op-
erates to void the alien’s voluntary departure 
agreement and the consequences of such agree-
ment, but precludes the alien from another grant 
of voluntary departure while the alien remains 
in the United States. 
‘‘(5) VOLUNTARY DEPARTURE PERIOD NOT AF-
FECTED.—Except as expressly agreed to by the Sec-
retary in writing in the exercise of the Secretary’s 
discretion before the expiration of the period allowed 
for voluntary departure, no motion, appeal, applica-
tion, petition, or petition for review shall affect, rein-
state, enjoin, delay, stay, or toll the alien’s obligation 
to depart from the United States during the period 
agreed to by the alien and the Secretary.’’; 
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(4) by amending subsection (d) to read as fol-
lows: 
‘‘(d) PENALTIES FOR FAILURE TO DEPART.—If an 
alien is permitted to voluntarily depart under this section 
and fails to voluntarily depart from the United States with-
in the time period specified or otherwise violates the terms 
of a voluntary departure agreement, the alien will be subject 
to the following penalties: 
‘‘(1) CIVIL PENALTY.—The alien shall be liable 
for a civil penalty of $3,000. The order allowing vol-
untary departure shall specify this amount, which 
shall be acknowledged by the alien on the record. If 
the Secretary thereafter establishes that the alien 
failed to depart voluntarily within the time allowed, 
no further procedure will be necessary to establish the 
amount of the penalty, and the Secretary may collect 
the civil penalty at any time thereafter and by what-
ever means provided by law. An alien will be ineli-
gible for any benefits under this chapter until this 
civil penalty is paid. 
‘‘(2) INELIGIBILITY
FOR
RELIEF.—The alien 
shall be ineligible during the time the alien remains 
in the United States and for a period of 10 years 
after the alien’s departure for any further relief under 
this section and sections 240A, 245, 248, and 249. 
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The order permitting the alien to depart voluntarily 
shall inform the alien of the penalties under this sub-
section. 
‘‘(3) REOPENING.—The alien shall be ineligible 
to reopen the final order of removal that took effect 
upon the alien’s failure to depart, or upon the alien’s 
other violations of the conditions for voluntary depar-
ture, during the period described in paragraph (2). 
This paragraph does not preclude a motion to reopen 
to seek withholding of removal under section 241(b)(3) 
or protection against torture, if the motion— 
‘‘(A) presents material evidence of changed 
country conditions arising after the date of the 
order granting voluntary departure in the coun-
try to which the alien would be removed; and 
‘‘(B) makes a sufficient showing to the sat-
isfaction of the Attorney General that the alien 
is otherwise eligible for such protection.’’; 
(5) by amending subsection (e) to read as fol-
lows: 
‘‘(e) ELIGIBILITY.— 
‘‘(1) PRIOR
GRANT
OF
VOLUNTARY
DEPAR-
TURE.—An alien shall not be permitted to voluntarily 
depart under this section if the Secretary of Home-
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163 
land Security or the Attorney General previously per-
mitted the alien to depart voluntarily. 
‘‘(2) RULEMAKING.—The Secretary may promul-
gate regulations to limit eligibility or impose addi-
tional conditions for voluntary departure under sub-
section (a)(1) for any class of aliens. The Secretary 
or Attorney General may by regulation limit eligi-
bility or impose additional conditions for voluntary 
departure under subsections (a)(2) or (b) of this sec-
tion for any class or classes of aliens.’’; and 
(6) in subsection (f), by adding at the end the 
following: ‘‘Notwithstanding section 242(a)(2)(D) of 
this Act, sections 1361, 1651, and 2241 of title 28, 
United States Code, any other habeas corpus provi-
sion, and any other provision of law (statutory or 
nonstatutory), no court shall have jurisdiction to af-
fect, reinstate, enjoin, delay, stay, or toll the period 
allowed for voluntary departure under this section.’’. 
(b) RULEMAKING.—The Secretary shall within one 
year of the date of enactment of this Act promulgate regula-
tions to provide for the imposition and collection of pen-
alties for failure to depart under section 240B(d) of the Im-
migration and Nationality Act (8 U.S.C. 1229c(d)). 
(c) EFFECTIVE DATES.— 
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164 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this section shall 
apply with respect to all orders granting voluntary 
departure under section 240B of the Immigration and 
Nationality Act (8 U.S.C. 1229c) made on or after 
the date that is 180 days after the enactment of this 
Act. 
(2) EXCEPTION.—The amendment made by sub-
section (a)(6) shall take effect on the date of the enact-
ment of this Act and shall apply with respect to any 
petition for review which is filed on or after such 
date. 
SEC. 602. DETERRING ALIENS ORDERED REMOVED FROM 
REMAINING IN THE UNITED STATES UNLAW-
FULLY. 
(a) INADMISSIBLE ALIENS.—Section 212(a)(9)(A) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(a)(9)(A)) is amended— 
(1) in clause (i), by striking ‘‘seeks admission 
within 5 years of the date of such removal (or within 
20 years’’ and inserting ‘‘seeks admission not later 
than 5 years after the date of the alien’s removal (or 
not later than 20 years after the alien’s removal’’; 
and 
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(2) in clause (ii), by striking ‘‘seeks admission 
within 10 years of the date of such alien’s departure 
or removal (or within 20 years of’’ and inserting 
‘‘seeks admission not later than 10 years after the 
date of the alien’s departure or removal (or not later 
than 20 years after’’. 
(b) BAR ON DISCRETIONARY RELIEF.—Section 274D 
of such Act (8 U.S.C. 324d) is amended— 
(1) in subsection (a), by striking ‘‘Commis-
sioner’’ and inserting ‘‘Secretary of Homeland Secu-
rity’’; and 
(2) by adding at the end the following: 
‘‘(c) INELIGIBILITY FOR RELIEF.— 
‘‘(1) IN GENERAL.—Unless a timely motion to 
reopen is granted under section 240(c)(6), an alien 
described in subsection (a) shall be ineligible for any 
discretionary relief from removal (including cancella-
tion of removal and adjustment of status) during the 
time the alien remains in the United States and for 
a period of 10 years after the alien’s departure from 
the United States. 
‘‘(2) SAVINGS
PROVISION.—Nothing in para-
graph (1) shall preclude a motion to reopen to seek 
withholding of removal under section 241(b)(3) or 
protection against torture, if the motion— 
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166 
‘‘(A) presents material evidence of changed 
country conditions arising after the date of the 
final order of removal in the country to which 
the alien would be removed; and 
‘‘(B) makes a sufficient showing to the sat-
isfaction of the Attorney General that the alien 
is otherwise eligible for such protection.’’. 
(c) EFFECTIVE DATES.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act with respect to aliens who are subject to a final 
order of removal entered before, on, or after such date. 
SEC. 603. REINSTATEMENT OF REMOVAL ORDERS. 
(a) IN GENERAL.—Section 241(a)(5) of the Immigra-
tion and Nationality Act (8 U.S.C. 1231(a)(5)) is amended 
to read as follows: 
‘‘(5) REINSTATEMENT
OF
REMOVAL
ORDERS 
AGAINST
ALIENS
ILLEGALLY
REENTERING.—If the 
Secretary of Homeland Security finds that an alien 
has entered the United States illegally after having 
been removed, deported, or excluded or having de-
parted voluntarily, under an order of removal, depor-
tation, or exclusion, regardless of the date of the origi-
nal order or the date of the illegal entry— 
‘‘(A) the order of removal, deportation, or 
exclusion is reinstated from its original date and 
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167 
is not subject to being reopened or reviewed not-
withstanding section 242(a)(2)(D); 
‘‘(B) the alien is not eligible and may not 
apply for any relief under this Act, regardless of 
the date that an application or request for such 
relief may have been filed or made; and 
‘‘(C) the alien shall be removed under the 
order of removal, deportation, or exclusion at 
any time after the illegal entry. 
Reinstatement under this paragraph shall not require 
proceedings under section 240 or other proceedings be-
fore an immigration judge.’’. 
(b) JUDICIAL REVIEW.—Section 242 of the Immigra-
tion and Nationality Act (8 U.S.C. 1252) is amended by 
adding at the end the following: 
‘‘(h) JUDICIAL REVIEW OF REINSTATEMENT UNDER 
SECTION 241(a)(5).— 
‘‘(1) REVIEW OF REINSTATEMENT.—Judicial re-
view of determinations under section 241(a)(5) is 
available in an action under subsection (a). 
‘‘(2) NO REVIEW OF ORIGINAL ORDER.—Notwith-
standing any other provision of law (statutory or 
nonstatutory), including section 2241 of title 28, 
United States Code, any other habeas corpus provi-
sion, or sections 1361 and 1651 of such title, no court 
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168 
shall have jurisdiction to review any cause or claim, 
arising from, or relating to, any challenge to the 
original order.’’. 
(c) EFFECTIVE DATE.—The amendments made by sub-
sections (a) and (b) shall take effect as if enacted on April 
1, 1997, and shall apply to all orders reinstated or after 
that date by the Secretary of Homeland Security (or by 
the Attorney General prior to March 1, 2003), regardless 
of the date of the original order. 
SEC. 604. CLARIFICATION WITH RESPECT TO DEFINITION 
OF ADMISSION. 
Section 101(a)(13)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(13)(A)) is amended by adding 
at the end the following: ‘‘An alien’s adjustment of status 
to that of lawful permanent resident status under any pro-
vision of this Act, or under any other provision of law, shall 
be considered an ‘admission’ for any purpose under this 
Act, even if the adjustment of status occurred while the alien 
was present in the United States.’’. 
SEC. 605. REPORTS TO CONGRESS ON THE EXERCISE AND 
ABUSE OF PROSECUTORIAL DISCRETION. 
(a) IN GENERAL.—Not later than 180 days after the 
end of each fiscal year, the Secretary of Homeland Security 
and the Attorney General shall each provide to the Commit-
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tees on the Judiciary of the House of Representatives and 
of the Senate a report on the following: 
(1) Aliens apprehended or arrested by State or 
local law enforcement agencies who were identified by 
the Department of Homeland Security in the previous 
fiscal year and for whom the Department of Home-
land Security did not issue detainers and did not 
take into custody despite the Department of Home-
land Security’s findings that the aliens were inadmis-
sible or deportable. 
(2) Aliens who were applicants for admission in 
the previous fiscal year but not clearly and beyond a 
doubt entitled to be admitted by an immigration offi-
cer and who were not detained as required pursuant 
to section 235(b)(2)(A) of the Immigration and Na-
tionality Act (8 U.S.C. 1225(b)(2)(A)). 
(3) Aliens who in the previous fiscal year were 
found by Department of Homeland Security officials 
performing duties related to the adjudication of appli-
cations for immigration benefits or the enforcement of 
the immigration laws to be inadmissible or deportable 
who were not issued notices to appear pursuant to 
section 239 of such Act (8 U.S.C. 1229) or placed into 
removal proceedings pursuant to section 240 (8 
U.S.C. 1229a), unless the aliens were placed into ex-
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