1952 of such title (relating to interstate and foreign 
travel or transportation in aid of racketeering enter-
prises), section 1956 of such title (relating to the 
laundering of monetary instruments), section 1957 
of such title (relating to engaging in monetary trans-
actions in property derived from specified unlawful 
activity), or sections 2312 through 2315 of such title 
(relating to interstate transportation of stolen motor 
vehicles or stolen property). 
‘‘(vi) A conspiracy to commit an offense de-
scribed in clauses (i) through (v). 
‘‘(B) Notwithstanding any other provision of law (in-
cluding any effective date), the term applies regardless of 
whether the conduct occurred before, on, or after the date 
of the enactment of this paragraph.’’. 
(b) INADMISSIBILITY.—Section 212(a)(2) of such Act 
(8 U.S.C. 1182(a)(2)) is amended by adding at the end 
the following: 
‘‘(J) ALIENS ASSOCIATED WITH CRIMINAL 
GANGS.—Any alien is inadmissible who a con-
sular officer, the Secretary of Homeland Secu-
rity, or the Attorney General knows or has rea-
son to believe— 
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‘‘(i) to be or to have been a member 
of a criminal gang (as defined in section 
101(a)(53)); or 
‘‘(ii) to have participated in the activi-
ties of a criminal gang (as defined in sec-
tion 101(a)(53)), knowing or having reason 
to know that such activities will promote, 
further, aid, or support the illegal activity 
of the criminal gang.’’. 
(c) DEPORTABILITY.—Section 237(a)(2) of the Im-
migration and Nationality Act (8 U.S.C. 1227(a)(2)) is 
amended by adding at the end the following: 
‘‘(G) ALIENS ASSOCIATED WITH CRIMINAL 
GANGS.—Any alien is deportable who the Sec-
retary of Homeland Security or the Attorney 
General knows or has reason to believe— 
‘‘(i) is or has been a member of a 
criminal gang (as defined in section 
101(a)(53)); or 
‘‘(ii) has participated in the activities 
of a criminal gang (as so defined), knowing 
or having reason to know that such activi-
ties will promote, further, aid, or support 
the illegal activity of the criminal gang.’’. 
(d) DESIGNATION.— 
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(1) IN GENERAL.—Chapter 2 of title II of the 
Immigration and Nationality Act (8 U.S.C. 1181 et 
seq.) is amended by inserting after section 219 the 
following: 
‘‘DESIGNATION 
‘‘SEC. 220. (a) IN GENERAL.—The Secretary of 
Homeland Security, in consultation with the Attorney 
General, and the Secretary of State may designate a group 
or association as a criminal street gang if their conduct 
is described in section 101(a)(53) or if the group or asso-
ciation conduct poses a significant risk that threatens the 
security and the public safety of United States nationals 
or the national security, homeland security, foreign policy, 
or economy of the United States. 
‘‘(b) EFFECTIVE DATE.—Designations under sub-
section (a) shall remain in effect until the designation is 
revoked after consultation between the Secretary of Home-
land Security, the Attorney General, and the Secretary of 
State or is terminated in accordance with Federal law.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents for such Act is amended by inserting after the 
item relating to section 219 the following: 
‘‘220. Designation.’’. 
(e) MANDATORY DETENTION OF CRIMINAL STREET 
GANG MEMBERS.— 
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(1) IN GENERAL.—Section 236(c)(1)(D) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1226(c)(1)(D)) is amended— 
(A) by inserting ‘‘or 212(a)(2)(J)’’ after 
‘‘212(a)(3)(B)’’; and 
(B) by inserting ‘‘237(a)(2)(G) or’’ before 
‘‘237(a)(4)(B)’’. 
(2) ANNUAL REPORT.—Not later than March 1 
of each year (beginning 1 year after the date of the 
enactment of this Act), the Secretary of Homeland 
Security, after consultation with the appropriate 
Federal agencies, shall submit a report to the Com-
mittees on the Judiciary of the House of Represent-
atives and of the Senate on the number of aliens de-
tained under the amendments made by paragraph 
(1). 
(f) ASYLUM
CLAIMS
BASED
ON
GANG
AFFILI-
ATION.— 
(1) INAPPLICABILITY OF RESTRICTION ON RE-
MOVAL
TO
CERTAIN
COUNTRIES.—Section 
241(b)(3)(B) of the Immigration and Nationality 
Act (8 U.S.C. 1251(b)(3)(B)) is amended, in the 
matter preceding clause (i), by inserting ‘‘who is de-
scribed 
in 
section 
212(a)(2)(J)(i) 
or 
section 
237(a)(2)(G)(i) or who is’’ after ‘‘to an alien’’. 
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(2) 
INELIGIBILITY
FOR
ASYLUM.—Section 
208(b)(2)(A) of such Act (8 U.S.C. 1158(b)(2)(A)) 
is amended— 
(A) in clause (v), by striking ‘‘or’’ at the 
end; 
(B) by redesignating clause (vi) as clause 
(vii); and 
(C) by inserting after clause (v) the fol-
lowing: 
‘‘(vi) the alien is described in section 
212(a)(2)(J)(i) or section 237(a)(2)(G)(i) 
(relating to participation in criminal street 
gangs); or’’. 
(g) TEMPORARY PROTECTED STATUS.—Section 244 
of such Act (8 U.S.C. 1254a) is amended— 
(1) by striking ‘‘Attorney General’’ each place 
it appears and inserting ‘‘Secretary of Homeland Se-
curity’’; 
(2) in subparagraph (c)(2)(B)— 
(A) in clause (i), by striking ‘‘or’’ at the 
end; 
(B) in clause (ii), by striking the period 
and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
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‘‘(iii) the alien is, or at any time after 
admission has been, a member of a crimi-
nal 
gang 
(as 
defined 
in 
section 
101(a)(53)).’’; and 
(3) in subsection (d)— 
(A) by striking paragraph (3); and 
(B) in paragraph (4), by adding at the end 
the following: ‘‘The Secretary of Homeland Se-
curity may detain an alien provided temporary 
protected status under this section whenever 
appropriate under any other provision of law.’’. 
(h) SPECIAL IMMIGRANT JUVENILE VISAS.—Section 
101(a)(27)(J)(iii) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(27)(J)(iii)) is amended— 
(1) in subclause (I), by striking ‘‘and’’; 
(2) in subclause (II), by inserting ‘‘and’’ at the 
end; and 
(3) by adding at the end the following: 
‘‘(III) no alien who is, or was at any 
time after admission has been, a member 
of a criminal gang (as defined in section 
101(a)(53)) shall be eligible for any immi-
gration benefit under this subparagraph;’’. 
(i) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
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parent, or cousin over 18 years of age of the 
alien is found in the United States and is avail-
able to provide care and physical custody (and 
the Secretary of Homeland Security and the 
Secretary of Health and Human Services shall 
revoke accordingly any prior designation of the 
alien under this paragraph).’’. 
SEC. 11. MODIFICATIONS TO PREFERENTIAL AVAILABILITY 
FOR ASYLUM FOR UNACCOMPANIED ALIEN 
MINORS. 
Section 208 of the Immigration and Nationality Act 
(8 U.S.C. 1158) is amended— 
(1) by striking subsection (a)(2)(E); and 
(2) by striking subsection (b)(3)(C). 
SEC. 12. NOTIFICATION AND TRANSFER OF CUSTODY RE-
GARDING UNACCOMPANIED ALIEN MINORS. 
Section 235(b) of the William Wilberforce Trafficking 
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
1232(b)) is amended— 
(1) in paragraph (2), by striking ‘‘48 hours’’ 
and inserting ‘‘7 days’’; and 
(2) in paragraph (3), by striking ‘‘72 hours’’ 
and inserting ‘‘30 days’’. 
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SEC. 13. INFORMATION SHARING BETWEEN DEPARTMENT 
OF HEALTH AND HUMAN SERVICES AND DE-
PARTMENT OF HOMELAND SECURITY. 
Section 235(b) of the William Wilberforce Trafficking 
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
1232(b)) is amended by adding at the end the following: 
‘‘(5) INFORMATION
SHARING.—The Secretary 
of Health and Human Services shall share with the 
Secretary of Homeland Security any information re-
quested on a child who has been determined to be 
an unaccompanied alien child and who is or has 
been in the custody of the Secretary of Health and 
Human Services, including the location of the child 
and any person to whom custody of the child has 
been transferred, for any legitimate law enforcement 
objective, including enforcement of the immigration 
laws.’’. 
SEC. 14. SAFE THIRD COUNTRY. 
Section 208(a)(2)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1158(a)(2)(A)) is amended— 
(1) by striking ‘‘Attorney General’’ and insert-
ing ‘‘Secretary of Homeland Security’’; and 
(2) by striking ‘‘removed, pursuant to a bilat-
eral or multilateral agreement, to’’ and inserting 
‘‘removed to’’. 
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SEC. 15. ADDITIONAL IMMIGRATION JUDGES AND ICE 
PROSECUTORS. 
(a) EXECUTIVE OFFICE
FOR IMMIGRATION RE-
VIEW.—Subject to the availability of appropriations, in 
each of fiscal years 2014 through 2016, the Attorney Gen-
eral shall increase by not less than 50 the number of posi-
tions for full-time immigration judges within the Executive 
Office for Immigration Review above the number of such 
positions for which funds were allotted for fiscal year 
2013. 
(b) IMMIGRATION AND CUSTOMS ENFORCEMENT OF-
FICE OF THE PRINCIPAL LEGAL ADVISOR.—Subject to 
the availability of appropriations, in each of fiscal years 
2014 through 2016, the Secretary of Homeland Security 
shall increase by not less than 60 the number of positions 
for full-time trial attorneys within the Immigration and 
Customs Enforcement Office of the Principal Legal Advi-
sor above the number of such positions for which funds 
were allotted for fiscal year 2013. 
SEC. 16. PROHIBITION ON ACTIONS THAT IMPEDE BORDER 
SECURITY ON CERTAIN FEDERAL LAND. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘National Security and Federal Lands Protection Act’’. 
(b) PROHIBITION ON SECRETARIES OF THE INTE-
RIOR AND AGRICULTURE.—The Secretary of the Interior 
or the Secretary of Agriculture shall not impede, prohibit, 
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or restrict activities of U.S. Customs and Border Protec-
tion on Federal land located within 100 miles of an inter-
national land border that is under the jurisdiction of the 
Secretary of the Interior or the Secretary of Agriculture, 
to execute search and rescue operations and to prevent 
all unlawful entries into the United States, including en-
tries by terrorists, other unlawful aliens, instruments of 
terrorism, narcotics, and other contraband through the 
international land borders of the United States. 
(c) AUTHORIZED ACTIVITIES OF U.S. CUSTOMS AND 
BORDER PROTECTION.—U.S. Customs and Border Pro-
tection shall have immediate access to Federal land within 
100 miles of the international land border under the juris-
diction of the Secretary of the Interior or the Secretary 
of Agriculture for purposes of conducting the following ac-
tivities on such land that prevent all unlawful entries into 
the United States, including entries by terrorists, other 
unlawful aliens, instruments of terrorism, narcotics, and 
other contraband through the international land borders 
of the United States: 
(1) Construction and maintenance of roads. 
(2) Construction and maintenance of barriers. 
(3) Use of vehicles to patrol, apprehend, or res-
cue. 
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(4) Installation, maintenance, and operation of 
communications and surveillance equipment and sen-
sors. 
(5) Deployment of temporary tactical infra-
structure. 
(d) CLARIFICATION RELATING TO WAIVER AUTHOR-
ITY.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law (including any termination date re-
lating to the waiver referred to in this subsection), 
the waiver by the Secretary of Homeland Security 
on April 1, 2008, under section 102(c)(1) of the Ille-
gal Immigration Reform and Immigrant Responsi-
bility Act of 1996 (8 U.S.C. 1103 note; Public Law 
104–208) of the laws described in paragraph (2) 
with respect to certain sections of the international 
border between the United States and Mexico and 
between the United States and Canada shall be con-
sidered to apply to all Federal land under the juris-
diction of the Secretary of the Interior or the Sec-
retary of Agriculture within 100 miles of the inter-
national land borders of the United States for the 
activities of U.S. Customs and Border Protection de-
scribed in subsection (c). 
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(2) DESCRIPTION OF LAWS WAIVED.—The laws 
referred to in paragraph (1) are limited to the Wil-
derness Act (16 U.S.C. 1131 et seq.), the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.), the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.), the National Historic Preser-
vation Act (16 U.S.C. 470 et seq.), Public Law 86– 
523 (16 U.S.C. 469 et seq.), the Act of June 8, 
1906 (commonly known as the ‘‘Antiquities Act of 
1906’’; 16 U.S.C. 431 et seq.), the Wild and Scenic 
Rivers Act (16 U.S.C. 1271 et seq.), the Federal 
Land Policy and Management Act of 1976 (43 
U.S.C. 1701 et seq.), the National Wildlife Refuge 
System Administration Act of 1966 (16 U.S.C. 
668dd et seq.), the Fish and Wildlife Act of 1956 
(16 U.S.C. 742a et seq.), the Fish and Wildlife Co-
ordination Act (16 U.S.C. 661 et seq.), subchapter 
II of chapter 5, and chapter 7, of title 5, United 
States Code (commonly known as the ‘‘Administra-
tive Procedure Act’’), the National Park Service Or-
ganic Act (16 U.S.C. 1 et seq.), the General Au-
thorities Act of 1970 (Public Law 91–383) (16 
U.S.C. 1a–1 et seq.), sections 401(7), 403, and 404 
of the National Parks and Recreation Act of 1978 
(Public Law 95–625, 92 Stat. 3467), and the Ari-
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zona Desert Wilderness Act of 1990 (16 U.S.C. 
1132 note; Public Law 101–628). 
(e) PROTECTION
OF LEGAL USES.—This section 
shall not be construed to provide— 
(1) authority to restrict legal uses, such as 
grazing, hunting, mining, or public-use recreational 
and backcountry airstrips on land under the jurisdic-
tion of the Secretary of the Interior or the Secretary 
of Agriculture; or 
(2) any additional authority to restrict legal ac-
cess to such land. 
(f) EFFECT ON STATE AND PRIVATE LAND.—This 
Act shall— 
(1) have no force or effect on State or private 
lands; and 
(2) not provide authority on or access to State 
or private lands. 
(g) TRIBAL SOVEREIGNTY.—Nothing in this section 
supersedes, replaces, negates, or diminishes treaties or 
other agreements between the United States and Indian 
tribes. 
SEC. 17. MINORS IN CUSTODY. 
(a) MINORS
IN DEPARTMENT
OF HEALTH
AND 
HUMAN SERVICES CUSTODY.—Section 235(c)(2) of the 
William Wilberforce Trafficking Victims Protection Reau-
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thorization Act of 2008 (8 U.S.C. 1232(c)(2)) is amended 
by striking the last two sentences. 
(b) 
MINORS
IN
EXPEDITED
REMOVAL
PRO-
CEEDINGS.—Section 235(b)(1)(B)(ii) of the Immigration 
and Nationality Act (8 U.S.C. 1225(b)(1)(B)(ii)) is 
amended by striking ‘‘asylum.’’ and inserting ‘‘asylum (or 
may be detained if the alien is an unaccompanied alien 
child (as defined in section 462(g)(2) of the Homeland Se-
curity Act of 2002 (6 U.S.C. 279(g)))).’’. 
SEC. 18. FOREIGN ASSISTANCE FOR REPATRIATION. 
(a) SUSPENSION
OF FOREIGN ASSISTANCE.—The 
Secretary of State shall immediately suspend all foreign 
assistance, including under United States Agency for 
International Development programs, the Central Amer-
ican Regional Security Initiative, or the International Nar-
cotic Control Law Enforcement program, to any large 
sending country that— 
(1) refuses to negotiate an agreement under 
section 235(a)(2) of the William Wilberforce Traf-
ficking Victims Protection Reauthorization Act of 
2008 (8 U.S.C. 1232(a)(2)), as amended by section 
2 of this Act; or 
(2) refuses to accept from the United States re-
patriated unaccompanied alien children (as defined 
in section 462(g)(2) of the Homeland Security Act 
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of 2002 (6 U.S.C. 279(g))) who are nationals or 
residents of the sending country. 
(b) USE OF FOREIGN ASSISTANCE FOR REPATRI-
ATION.—The Secretary of State shall provide any addi-
tional foreign assistance from the United States that such 
Secretary determines is needed to implement an agree-
ment under section 235(a)(2) of the William Wilberforce 
Trafficking Victims Protection Reauthorization Act of 
2008 (8 U.S.C. 1232(a)(2)), as amended by section 2 of 
this Act, or safely to repatriate or reintegrate nationals 
or residents of a large sending country without increasing 
the total quantity of foreign assistance to such country. 
Such country may use any earlier foreign assistance for 
the purpose of repatriation or implementation of any 
agreement under such section 235(a)(2). 
(c) DEFINITION OF LARGE SENDING PROGRAM.— 
For purposes of this section, the term ‘‘large sending 
country’’ means— 
(1) any country which was the country of na-
tionality or last habitual residence for 1,000 or more 
unaccompanied alien children (as defined in section 
462(g)(2) of the Homeland Security Act of 2002 (6 
U.S.C. 279(g))) who entered the United States in a 
single fiscal year in any of the prior 3 fiscal years; 
and 
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(2) any other country which the Secretary of 
Homeland Security deems appropriate. 
(d) EFFECTIVE DATE.—This section shall take effect 
on the date of the enactment of this Act and shall apply 
with respect to any unaccompanied alien child (as defined 
in section 462(g)(2) of the Homeland Security Act of 2002 
(6 U.S.C. 279(g))) apprehended on or after such date. 
SEC. 19. REPORTS. 
(a) IN GENERAL.—Not later than 6 months after the 
date of the enactment of this Act, and annually thereafter, 
the Secretary of State and the Secretary of Health and 
Human Services, with assistance from the Secretary of 
Homeland Security, shall submit a report to the Com-
mittee on the Judiciary of the Senate and the Committee 
on the Judiciary of the House of Representatives on ef-
forts to improve repatriation programs for unaccompanied 
alien children (as defined in section 462(g)(2) of the 
Homeland Security Act of 2002 (6 U.S.C. 279(g))). Such 
reports shall include the following: 
(1) The average time that such a child is de-
tained after apprehension until removal. 
(2) The number of such children detained im-
properly beyond the required time periods under 
paragraphs (2) and (3) of section 235(b) of the Wil-
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liam Wilberforce Trafficking Victims Protection Re-
authorization Act of 2008 (8 U.S.C. 1232(b)). 
(3) A statement of the funds used to effectuate 
the repatriation of such children, including any 
funds that were reallocated from foreign assistance 
accounts as of the date of the enactment of this Act. 
(b) EFFECTIVE DATE.—This section shall take effect 
on the date of the enactment of this Act and shall apply 
with respect to any unaccompanied alien child (as defined 
in section 462(g)(2) of the Homeland Security Act of 2002 
(6 U.S.C. 279(g))) apprehended on or after such date. 
Æ 
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