155 
(5) in subsection (f)(2), by striking ‘‘Attorney 
General’’ each place it appears and inserting ‘‘Sec-
retary of Homeland Security’’. 
SEC. 707. REPORT ON SOCIAL SECURITY CARD-BASED EM-
PLOYMENT ELIGIBILITY VERIFICATION. 
(a) REPORT.— 
(1) IN
GENERAL.—Not later than than 9 
months after the date of the enactment of this Act, 
the Commissioner of Social Security, in consultation 
with the Secretary of Treasury, the Secretary of 
Homeland Security, and the Attorney General, shall 
submit a report to Congress that includes an evalua-
tion of the following requirements and changes: 
(A) A requirement that social security 
cards that are made of a durable plastic or 
similar material and that include an encrypted, 
machine-readable electronic identification strip 
and a digital photograph of the individual to 
whom the card is issued, be issued to each indi-
vidual (whether or not a United States citizen) 
who— 
(i) is authorized to be employed in the 
United States; 
(ii) is seeking employment in the 
United States; and
156 
(iii) files an application for such card, 
whether as a replacement of an existing so-
cial security card or as a card issued in 
connection with the issuance of a new so-
cial security account number. 
(B) The creation of a unified database to 
be maintained by the Department of Homeland 
Security and comprised of data from the Social 
Security Administration and the Department of 
Homeland Security specifying the work author-
ization of individuals (including both United 
States citizens and noncitizens) for the purpose 
of 
conducting 
employment 
eligibility 
verification. 
(C) A requirement that all employers verify 
the employment eligibility of all new hires using 
the social security cards described in subpara-
graph (A) and a phone, electronic card-reading, 
or other mechanism to seek verification of em-
ployment eligibility through the use of the uni-
fied database described in subparagraph (B). 
(2) ITEMS INCLUDED IN REPORT.—The report 
under paragraph (1) shall include an evaluation of 
each of the following:
157 
(A) Projected cost, including the cost to 
the Federal government, State and local govern-
ments, and the private sector. 
(B) Administrability. 
(C) Potential effects on— 
(i) employers; 
(ii) employees, including employees 
who are United States citizens as well as 
those that are not citizens; 
(iii) tax revenue; and 
(iv) privacy. 
(D) The extent to which employer and em-
ployee compliance with immigration laws would 
be expected to improve. 
(E) Any other relevant information. 
(3) ALTERNATIVES.—The report under para-
graph (1) also shall examine any alternatives to 
achieve the same goals as the requirements and 
changes described in paragraph (1) but that involve 
lesser cost, lesser burden on those affected, or great-
er ease of administration. 
(b) INSPECTOR GENERAL REVIEW.—Not later than 
3 months after the report is submitted under subsection 
(a), the Inspector General of the Social Security Adminis-
tration, in consultation with the Inspectors General of the
158 
Department of Treasury, the Department of Homeland 
Security, and the Department of Justice, shall send to the 
Congress an evaluation of the such report. 
SEC. 708. EFFECTIVE DATE. 
This title and the amendments made by this title 
shall take effect on the date of enactment of this Act, ex-
cept that the requirements of persons and entities to com-
ply with the employment eligibility verification process 
takes effect on the date that is two years after such date. 
TITLE VIII—IMMIGRATION 
LITIGATION ABUSE REDUCTION 
SEC. 801. BOARD OF IMMIGRATION APPEALS REMOVAL 
ORDER AUTHORITY. 
(a) IN GENERAL.—Section 101(a)(47) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(47)) is 
amended to read as follows: 
‘‘(47)(A) The term ‘order of removal’ means the 
order of the immigration judge, the Board of Immigration 
Appeals, or other administrative officer to whom the At-
torney General or the Secretary of Homeland Security has 
delegated the responsibility for determining whether an 
alien is removable, concluding that the alien is removable 
or ordering removal. 
‘‘(B) The order described under subparagraph (A) 
shall become final upon the earliest of—
159 
‘‘(i) a determination by the Board of Immigra-
tion Appeals affirming such order; 
‘‘(ii) the entry by the Board of Immigration Ap-
peals of such order; 
‘‘(iii) the expiration of the period in which any 
party is permitted to seek review of such order by 
the Board of Immigration Appeals; 
‘‘(iv) the entry by an immigration judge of such 
order, if appeal is waived by all parties; or 
‘‘(v) the entry by another administrative officer 
of such order, at the conclusion of a process as au-
thorized by law other than under section 240.’’. 
(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 ordered entered before, 
on, or after such date. 
SEC. 802. JUDICIAL REVIEW OF VISA REVOCATION. 
(a) IN GENERAL.—Section 221(i) of the Immigration 
and Nationality Act (8 U.S.C. 1201(i)) is amended by 
amending the last sentence to read as follows: ‘‘Notwith-
standing any other provision of law (statutory or non-
statutory), including section 2241 of title 28, United 
States Code, or any other habeas corpus provision, and 
sections 1361 and 1651 of such title, a revocation under 
this subsection may not be reviewed by any court, and no
160 
court shall have jurisdiction to hear any claim arising 
from, or any challenge to, such a revocation.’’. 
(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 visa revocations ef-
fected before, on, or after such date. 
SEC. 803. REINSTATEMENT. 
(a) IN GENERAL.—Section 241(a)(5) of the Immi-
gration 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 or having departed voluntarily, under 
an order of removal, deportation, or exclusion, re-
gardless of the date of the original order or the date 
of the illegal entry— 
‘‘(A) the order of removal, deportation, or 
exclusion is reinstated from its original date 
and is not subject to being reopened or re-
viewed; 
‘‘(B) the alien is not eligible and may not 
apply for any relief under this Act, regardless
161 
of the date that an application for such relief 
may have been filed; 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 re-
quire proceedings before an immigration judge under 
section 240 or otherwise.’’. 
(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 new subsection: 
‘‘(h) JUDICIAL REVIEW OF REINSTATEMENT UNDER 
SECTION 241(a)(5).— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law (statutory or nonstatutory), includ-
ing section 2241 of title 28, United States Code, or 
any other habeas corpus provision, sections 1361 
and 1651 of such title, or subsection (a)(2)(D) of 
this section, no court shall have jurisdiction to re-
view any cause or claim arising from or relating to 
any reinstatement under section 241(a)(5) (includ-
ing any challenge to the reinstated order), except as 
provided in paragraph (2) or (3). 
‘‘(2) CHALLENGES IN COURT OF APPEALS FOR 
DISTRICT OF COLUMBIA TO VALIDITY OF THE SYS-
162 
TEM, ITS
IMPLEMENTATION, AND
RELATED
INDI-
VIDUAL DETERMINATIONS.— 
‘‘(A) IN GENERAL.—Judicial review of de-
terminations under section 241(a)(5) and its 
implementation is available in an action insti-
tuted in the United States Court of Appeals for 
the District of Columbia Circuit, but shall be 
limited, except as provided in subparagraph 
(B), to the following determinations: 
‘‘(i) Whether such section, or any reg-
ulation issued to implement such section, is 
constitutional. 
‘‘(ii) Whether such a regulation, or a 
written policy directive, written policy 
guideline, or written procedure issued by 
or under the authority of the Attorney 
General or the Secretary of Homeland Se-
curity to implement such section, is not 
consistent with applicable provisions of this 
Act or is otherwise in violation of a statute 
or the Constitution. 
‘‘(B) RELATED
INDIVIDUAL
DETERMINA-
TIONS.—If a person raises an action under sub-
paragraph (A), the person may also raise in the 
same action the following issues:
163 
‘‘(i) Whether the petitioner is an 
alien. 
‘‘(ii) Whether the petitioner was pre-
viously ordered removed or deported, or ex-
cluded. 
‘‘(iii) Whether the petitioner has since 
illegally entered the United States. 
‘‘(C) DEADLINES
FOR
BRINGING
AC-
TIONS.—Any action instituted under this para-
graph must be filed no later than 60 days after 
the date the challenged section, regulation, di-
rective, guideline, or procedure described in 
clause (i) or (ii) of subparagraph (A) is first 
implemented. 
‘‘(3) INDIVIDUAL
DETERMINATIONS
UNDER 
SECTION 242(a).—Judicial review of determinations 
under section 241(a)(5) is available in an action 
under subsection (a) of this section, but shall be lim-
ited to determinations of— 
‘‘(A) whether the petitioner is an alien; 
‘‘(B) whether the petitioner was previously 
ordered removed, deported, or excluded; and 
‘‘(C) whether the petitioner has since ille-
gally entered the United States.
164 
‘‘(4) SINGLE ACTION.—A person who files an 
action under paragraph (2) may not file a separate 
action under paragraph (3). A person who files an 
action under paragraph (3) may not file an action 
under paragraph (2).’’. 
(c) EFFECTIVE DATE.—The amendments made by 
subsections (a) and (b) shall take effect as if enacted on 
April 1, 1997, and shall apply to all orders reinstated on 
or after that date by the Secretary of Homeland Security 
(or by the Attorney General prior to March 1, 2003), re-
gardless of the date of the original order. 
SEC. 804. WITHHOLDING OF REMOVAL. 
(a) IN GENERAL.—Section 241(b)(3) of the Immi-
gration and Nationality Act (8 U.S.C 1231(b)(3)) is 
amended— 
(1) in subparagraph (A), by adding at the end 
the following: ‘‘The burden of proof is on the alien 
to establish that the alien’s life or freedom would be 
threatened in that country, and that race, religion, 
nationality, membership in a particular social group, 
or political opinion would be at least one central rea-
son for such threat.’’; and 
(2) in subparagraph (C), by striking ‘‘In deter-
mining whether an alien has demonstrated that the 
alien’s life or freedom would be threatened for a rea-
165 
son described in subparagraph (A)’’ and inserting 
‘‘For purposes of this paragraph’’ 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect as if included in the enact-
ment of section 101(c) of the REAL ID Act of 2005 (divi-
sion B of Public Law 109–13). 
SEC. 805. CERTIFICATE OF REVIEWABILITY. 
(a) ALIEN’S BRIEF.—Section 242(b)(3)(C) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1252(b)(3)(C)) is amended to read as follows: 
‘‘(C) ALIEN’S
BRIEF.—The alien shall 
serve and file a brief in connection with a peti-
tion for judicial review not later than 40 days 
after the date on which the administrative 
record is available. The court may not extend 
this deadline except upon motion for good cause 
shown. If an alien fails to file a brief within the 
time provided in this paragraph, the court shall 
dismiss the appeal unless a manifest injustice 
would result.’’. 
(b) 
CERTIFICATE
OF
REVIEWABILITY.—Section 
242(b)(3) of such Act (8 U.S.C. 1252 (b)(3)) is amended 
by adding at the end the following new subparagraphs: 
‘‘(D) CERTIFICATE .—