Title: Equal Protection of Unaccompanied Minors Act
Policy area: Immigration

Summary:
Equal Protection of Unaccompanied Minors Act
This bill establishes rules for the care of unaccompanied alien children (under age 18) in detention. It also revises rules for the detention of aliens who commit violent crimes and expands the grounds of inadmissibility and deportability for alien gang members.
The bill revises asylum provisions and imposes criminal penalties for asylum fraud.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6134 Introduced in House (IH)]

<DOC>






115th CONGRESS
  2d Session
                                H. R. 6134

     To clarify standards of family detention and the treatment of 
         unaccompanied alien children, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 19, 2018

 Mr. Meadows introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Committee on Foreign 
Affairs, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
     To clarify standards of family detention and the treatment of 
         unaccompanied alien children, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Equal Protection 
of Unaccompanied Minors Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
TITLE I--UNACCOMPANIED ALIEN CHILDREN; INTERIOR IMMIGRATION ENFORCEMENT

Sec. 1101. Repatriation of unaccompanied alien children.
Sec. 1102. Clarification of standards for family detention.
Sec. 1103. Detention of dangerous aliens.
Sec. 1104. Definition of aggravated felony.
Sec. 1105. Crime of violence.
Sec. 1106. Grounds of inadmissibility and deportability for alien gang 
                            members.
Sec. 1107. Special immigrant juvenile status for immigrants unable to 
                            reunite with either parent.
Sec. 1108. Clarification of authority regarding determinations of 
                            convictions.
Sec. 1109. Adding attempt and conspiracy to commit terrorism-related 
                            inadmissibility grounds acts to the 
                            definition of engaging in terrorist 
                            activity.
Sec. 1110. Clarifying the authority of ICE detainers.
Sec. 1111. Clarification of congressional intent.
                        TITLE II--ASYLUM REFORM

Sec. 2101. Credible fear interviews.
Sec. 2102. Jurisdiction of asylum applications.
Sec. 2103. Recording expedited removal and credible fear interviews.
Sec. 2104. Safe third country.
Sec. 2105. Renunciation of asylum status pursuant to return to home 
                            country.
Sec. 2106. Notice concerning frivolous asylum applications.
Sec. 2107. Anti-fraud investigative work product.
Sec. 2108. Penalties for asylum fraud.
Sec. 2109. Statute of limitations for asylum fraud.
Sec. 2110. Technical amendments.

TITLE I--UNACCOMPANIED ALIEN CHILDREN; INTERIOR IMMIGRATION ENFORCEMENT

SEC. 1101. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.

    (a) In General.--Section 235 of the William Wilberforce Trafficking 
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)--
                            (i) by amending the heading to read as 
                        follows: ``Rules for unaccompanied alien 
                        children.--'';
                            (ii) in subparagraph (A)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``who is a national or 
                                habitual resident of a country that is 
                                contiguous with the United States'';
                                    (II) in clause (i), by inserting 
                                ``and'' at the end;
                                    (III) in clause (ii), by striking 
                                ``; and'' and inserting a period; and
                                    (IV) by striking clause (iii);
                            (iii) in subparagraph (B)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``(8 U.S.C. 1101 et 
                                seq.) may--'' and inserting ``(8 U.S.C. 
                                1101 et seq.)--'';
                                    (II) in clause (i), by inserting 
                                before ``permit such child to 
                                withdraw'' the following: ``may''; and
                                    (III) in clause (ii), by inserting 
                                before ``return such child'' the 
                                following: ``shall''; and
                            (iv) in subparagraph (C)--
                                    (I) by amending the heading to read 
                                as follows: ``Agreements with foreign 
                                countries.--''; and
                                    (II) in the matter preceding clause 
                                (i), by striking ``The Secretary of 
                                State shall negotiate agreements 
                                between the United States and countries 
                                contiguous to the United States'' and 
                                inserting ``The Secretary of State may 
                                negotiate agreements between the United 
                                States and any foreign country that the 
                                Secretary determines appropriate'';
                    (B) by redesignating paragraphs (3) through (5) as 
                paragraphs (4) through (6), respectively, and inserting 
                after paragraph (2) the following:
            ``(3) Special rules for interviewing unaccompanied alien 
        children.--An unaccompanied alien child shall be interviewed by 
        a dedicated U.S. Citizenship and Immigration Services 
        immigration officer with specialized training in interviewing 
        child trafficking victims. Such officer shall be in plain 
        clothes and shall not carry a weapon. The interview shall occur 
        in a private room.''; and
                    (C) in paragraph (6)(D) (as so redesignated)--
                            (i) in the matter preceding clause (i), by 
                        striking ``, except for an unaccompanied alien 
                        child from a contiguous country subject to 
                        exceptions under subsection (a)(2),'' and 
                        inserting ``who does not meet the criteria 
                        listed in paragraph (2)(A)''; and
                            (ii) in clause (i), by inserting before the 
                        semicolon at the end the following: ``, which 
                        shall include a hearing before an immigration 
                        judge not later than 14 days after being 
                        screened under paragraph (4)'';
            (2) in subsection (b)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A), by inserting 
                        before the semicolon the following: ``believed 
                        not to meet the criteria listed in subsection 
                        (a)(2)(A)''; and
                            (ii) in subparagraph (B), by inserting 
                        before the period the following: ``and does not 
                        meet the criteria listed in subsection 
                        (a)(2)(A)''; and
                    (B) in paragraph (3), by striking ``an 
                unaccompanied alien child in custody shall'' and all 
                that follows, and inserting the following: ``an 
                unaccompanied alien child in custody--
                    ``(A) in the case of a child who does not meet the 
                criteria listed in subsection (a)(2)(A), shall transfer 
                the custody of such child to the Secretary of Health 
                and Human Services not later than 30 days after 
                determining that such child is an unaccompanied alien 
                child who does not meet such criteria; or
                    ``(B) in the case of child who meets the criteria 
                listed in subsection (a)(2)(A), may transfer the 
                custody of such child to the Secretary of Health and 
                Human Services after determining that such child is an 
                unaccompanied alien child who meets such criteria.''; 
                and
            (3) in subsection (c)--
                    (A) in paragraph (3), by inserting at the end the 
                following:
                    ``(D) Information about individuals with whom 
                children are placed.--
                            ``(i) Information to be provided to 
                        homeland security.--Before placing a child with 
                        an individual, the Secretary of Health and 
                        Human Services shall provide to the Secretary 
                        of Homeland Security, regarding the individual 
                        with whom the child will be placed, the 
                        following information:
                                    ``(I) The name of the individual.
                                    ``(II) The Social Security number 
                                of the individual, if available.
                                    ``(III) The date of birth of the 
                                individual.
                                    ``(IV) The location of the 
                                individual's residence where the child 
                                will be placed.
                                    ``(V) The immigration status of the 
                                individual, if known.
                                    ``(VI) Contact information for the 
                                individual.
                            ``(ii) Special rule.--In the case of a 
                        child who was apprehended on or after June 15, 
                        2012, and before the date of the enactment of 
                        this subparagraph, who the Secretary of Health 
                        and Human Services placed with an individual, 
                        the Secretary shall provide the information 
                        listed in clause (i) to the Secretary of 
                        Homeland Security not later than 90 days after 
                        such date of enactment.
                            ``(iii) Activities of secretary of homeland 
                        security.--Not later than 30 days after 
                        receiving the information listed in clause (i), 
                        the Secretary of Homeland Security shall--
                                    ``(I) in the case that the 
                                immigration status of an individual 
                                with whom a child is placed is unknown, 
                                investigate the immigration status of 
                                that individual; and
                                    ``(II) upon determining that an 
                                individual with whom a child is placed 
                                is unlawfully present in the United 
                                States, initiate removal proceedings 
                                pursuant to chapter 4 of title II of 
                                the Immigration and Nationality Act (8 
                                U.S.C. 1221 et seq.).''; and
                    (B) in paragraph (5)--
                            (i) by inserting ``(at no expense to the 
                        Government)'' after ``to the greatest extent 
                        practicable''; and
                            (ii) by striking ``have counsel to 
                        represent them'' and inserting ``have access to 
                        counsel to represent them''.
    (b) Effective Date.--The amendments made by this section shall 
apply to any unauthorized alien child apprehended on or after June 15, 
2012.

SEC. 1102. CLARIFICATION OF STANDARDS FOR FAMILY DETENTION.

    (a) In General.--Section 235 of the William Wilberforce Trafficking 
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is 
amended by adding at the end the following:
    ``(j) Construction.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, judicial determination, consent decree, or settlement 
        agreement, the detention of any alien child who is not an 
        unaccompanied alien child shall be governed by sections 217, 
        235, 236, and 241 of the Immigration and Nationality Act (8 
        U.S.C. 1187, 1225, 1226, and 1231). There exists no presumption 
        that an alien child who is not an unaccompanied alien child 
        should not be detained, and all such determinations shall be in 
        the discretion of the Secretary of Homeland Security.
            ``(2) Release of minors other than unaccompanied aliens.--
        In no circumstances shall an alien minor who is not an 
        unaccompanied alien child be released by the Secretary of 
        Homeland Security other than to a parent or legal guardian.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
all actions that occur before, on, or after the date of the enactment 
of this Act.

SEC. 1103. DETENTION OF DANGEROUS ALIENS.

    Section 241(a) of the Immigration and Nationality Act (8 U.S.C. 
1231(a)) is amended--
            (1) by striking ``Attorney General'' each place it appears, 
        except for the first reference in paragraph (4)(B)(i), and 
        inserting ``Secretary of Homeland Security'';
            (2) in paragraph (1), by amending subparagraph (B) to read 
        as follows:
                    ``(B) Beginning of period.--The removal period 
                begins on the latest of the following:
                            ``(i) The date the order of removal becomes 
                        administratively final.
                            ``(ii) If the alien is not in the custody 
                        of the Secretary on the date the order of 
                        removal becomes administratively final, the 
                        date the alien is taken into such custody.
                            ``(iii) If the alien is detained or 
                        confined (except under an immigration process) 
                        on the date the order of removal becomes 
                        administratively final, the date the alien is 
                        taken into the custody of the Secretary, after 
                        the alien is released from such detention or 
                        confinement.'';
            (3) in paragraph (1), by amending subparagraph (C) to read 
        as follows:
                    ``(C) Suspension of period.--
                            ``(i) Extension.--The removal period shall 
                        be extended beyond a period of 90 days and the 
                        Secretary may, in the Secretary's sole 
                        discretion, keep the alien in detention during 
                        such extended period if--
                                    ``(I) the alien fails or refuses to 
                                make all reasonable efforts to comply 
                                with the removal order, or to fully 
                                cooperate with the Secretary's efforts 
                                to establish the alien's identity and 
                                carry out the removal order, including 
                                making timely application in good faith 
                                for travel or other documents necessary 
                                to the alien's departure or conspires 
                                or acts to prevent the alien's removal 
                                that is subject to an order of removal;
                                    ``(II) a court, the Board of 
                                Immigration Appeals, or an immigration 
                                judge orders a stay of removal of an 
                                alien who is subject to an 
                                administratively final order of 
                                removal;
                                    ``(III) the Secretary transfers 
                                custody of the alien pursuant to law to 
                                another Federal agency or a State or 
                                local government agency in connection 
                                with the official duties of such 
                                agency; or
                                    ``(IV) a court or the Board of 
                                Immigration Appeals orders a remand to 
                                an immigration judge or the Board of 
                                Immigration Appeals, during the time 
                                period when the case is pending a 
                                decision on remand (with the removal 
                                period beginning anew on the date that 
                                the alien is ordered removed on 
                                remand).
                            ``(ii) Renewal.--If the removal period has 
                        been extended under subparagraph (C)(i), a new 
                        removal period shall be deemed to have begun on 
                        the date--
                                    ``(I) the alien makes all 
                                reasonable efforts to comply with the 
                                removal order, or to fully cooperate 
                                with the Secretary's efforts to 
                                establish the alien's identity and 
                                carry out the removal order;
                                    ``(II) the stay of removal is no 
                                longer in effect; or
                                    ``(III) the alien is returned to 
                                the custody of the Secretary.
                            ``(iii) Mandatory detention for certain 
                        aliens.--In the case of an alien described in 
                        subparagraphs (A) through (D) of section 
                        236(c)(1), the Secretary shall keep that alien 
                        in detention during the extended period 
                        described in clause (i).
                            ``(iv) Sole form of relief.--An alien may 
                        seek relief from detention under this 
                        subparagraph only by filing an application for 
                        a writ of habeas corpus in accordance with 
                        chapter 153 of title 28, United States Code. No 
                        alien whose period of detention is extended 
                        under this subparagraph shall have the right to 
                        seek release on bond.'';
            (4) in paragraph (3)--
                    (A) by adding after ``If the alien does not leave 
                or is not removed within the removal period'' the 
                following: ``or is not detained pursuant to paragraph 
                (6) of this subsection''; and
                    (B) by striking subparagraph (D) and inserting the 
                following:
                    ``(D) to obey reasonable restrictions on the 
                alien's conduct or activities that the Secretary 
                prescribes for the alien, in order to prevent the alien 
                from absconding, for the protection of the community, 
                or for other purposes related to the enforcement of the 
                immigration laws.'';
            (5) in paragraph (4)(A), by striking ``paragraph (2)'' and 
        inserting ``subparagraph (B)''; and
            (6) by striking paragraph (6) and inserting the following:
            ``(6) Additional rules for detention or release of certain 
        aliens.--
                    ``(A) Detention review process for cooperative 
                aliens established.--For an alien who is not otherwise 
                subject to mandatory detention, who has made all 
                reasonable efforts to comply with a removal order and 
                to cooperate fully with the Secretary of Homeland 
                Security's efforts to establish the alien's identity 
                and carry out the removal order, including making 
                timely application in good faith for travel or other 
                documents necessary to the alien's departure, and who 
                has not conspired or acted to prevent removal, the 
                Secretary shall establish an administrative review 
                process to determine whether the alien should be 
                detained or released on conditions. The Secretary shall 
                make a determination whether to release an alien after 
                the removal period in accordance with subparagraph (B). 
                The determination shall include consideration of any 
                evidence submitted by the alien, and may include 
                consideration of any other evidence, including any 
                information or assistance provided by the Secretary of 
                State or other Federal official and any other 
                information available to the Secretary of Homeland 
                Security pertaining to the ability to remove the alien.
                    ``(B) Authority to detain beyond removal period.--
                            ``(i) In general.--The Secretary of 
                        Homeland Security, in the exercise of the 
                        Secretary's sole discretion, may continue to 
                        detain an alien for 90 days beyond the removal 
                        period (including any extension of the removal 
                        period as provided in paragraph (1)(C)). An 
                        alien whose detention is extended under this 
                        subparagraph shall have no right to seek 
                        release on bond.
                            ``(ii) Specific circumstances.--The 
                        Secretary of Homeland Security, in the exercise 
                        of the Secretary's sole discretion, may 
                        continue to detain an alien beyond the 90 days 
                        authorized in clause (i)--
                                    ``(I) until the alien is removed, 
                                if the Secretary, in the Secretary's 
                                sole discretion, determines that there 
                                is a significant likelihood that the 
                                alien--
                                            ``(aa) will be removed in 
                                        the reasonably foreseeable 
                                        future; or
                                            ``(bb) would be removed in 
                                        the reasonably foreseeable 
                                        future, or would have been 
                                        removed, but for the alien's 
                                        failure or refusal to make all 
                                        reasonable efforts to comply 
                                        with the removal order, or to 
                                        cooperate fully with the 
                                        Secretary's efforts to 
                                        establish the alien's identity 
                                        and carry out the removal 
                                        order, including making timely 
                                        application in good faith for 
                                        travel or other documents 
                                        necessary to the alien's 
                                        departure, or conspires or acts 
                                        to prevent removal;
                                    ``(II) until the alien is removed, 
                                if the Secretary of Homeland Security 
                                certifies in writing--
                                            ``(aa) in consultation with 
                                        the Secretary of Health and 
                                        Human Services, that the alien 
                                        has a highly contagious disease 
                                        that poses a threat to public 
                                        safety;
                                            ``(bb) after receipt of a 
                                        written recommendation from the 
                                        Secretary of State, that 
                                        release of the alien is likely 
                                        to have serious adverse foreign 
                                        policy consequences for the 
                                        United States;
                                            ``(cc) based on information 
                                        available to the Secretary of 
                                        Homeland Security (including 
                                        classified, sensitive, or 
                                        national security information, 
                                        and without regard to the 
                                        grounds upon which the alien 
                                        was ordered removed), that 
                                        there is reason to believe that 
                                        the release of the alien would 
                                        threaten the national security 
                                        of the United States; or
                                            ``(dd) that the release of 
                                        the alien will threaten the 
                                        safety of the community or any 
                                        person, conditions of release 
                                        cannot reasonably be expected 
                                        to ensure the safety of the 
                                        community or any person, and 
                                        either (AA)--

                                                    ``(AA) the alien 
                                                has been convicted of 
                                                (aaa) one or more 
                                                aggravated felonies (as 
                                                defined in section 
                                                101(a)(43)(A)), (bbb) 
                                                one or more crimes 
                                                identified by the 
                                                Secretary of Homeland 
                                                Security by regulation, 
                                                if the aggregate term 
                                                of imprisonment for 
                                                such crimes is at least 
                                                5 years, or (ccc) one 
                                                or more attempts or 
                                                conspiracies to commit 
                                                any such aggravated 
                                                felonies or such 
                                                identified crimes, if 
                                                the aggregate term of 
                                                imprisonment for such 
                                                attempts or 
                                                conspiracies is at 
                                                least 5 years; or

                                                    ``(BB) the alien 
                                                has committed one or 
                                                more violent crimes (as 
                                                referred to in section 
                                                101(a)(43)(F), but not 
                                                including a purely 
                                                political offense) and, 
                                                because of a mental 
                                                condition or 
                                                personality disorder 
                                                and behavior associated 
                                                with that condition or 
                                                disorder, the alien is 
                                                likely to engage in 
                                                acts of violence in the 
                                                future; or

                                    ``(III) pending a certification 
                                under subclause (II), so long as the 
                                Secretary of Homeland Security has 
                                initiated the administrative review 
                                process not later than 30 days after 
                                the expiration of the removal period 
                                (including any extension of the removal 
                                period, as provided in paragraph 
                                (1)(C)).
                            ``(iii) No right to bond hearing.--An alien 
                        whose detention is extended under this 
                        subparagraph shall have no right to seek 
                        release on bond, including by reason of a 
                        certification under clause (ii)(II).
                    ``(C) Renewal and delegation of certification.--
                            ``(i) Renewal.--The Secretary of Homeland 
                        Security may renew a certification under 
                        subparagraph (B)(ii)(II) every 6 months, after 
                        providing an opportunity for the alien to 
                        request reconsideration of the certification 
                        and to submit documents or other evidence in 
                        support of that request. If the Secretary does 
                        not renew a certification, the Secretary may 
                        not continue to detain the alien under 
                        subparagraph (B)(ii)(II).
                            ``(ii) Delegation.--Notwithstanding section 
                        103, the Secretary of Homeland Security may not 
                        delegate the authority to make or renew a 
                        certification described in item (bb), (cc), or 
                        (dd) of subparagraph (B)(ii)(II) below the 
                        level of the Director of Immigration and 
                        Customs Enforcement.
                            ``(iii) Hearing.--The Secretary of Homeland 
                        Security may request that the Attorney General 
                        or the Attorney General's designee provide for 
                        a hearing to make the determination described 
                        in item (dd)(BB) of subparagraph (B)(ii)(II).
                    ``(D) Release on conditions.--If it is determined 
                that an alien should be released from detention by a 
                Federal court, the Board of Immigration Appeals, or if 
                an immigration judge orders a stay of removal, the 
                Secretary of Homeland Security, in the exercise of the 
                Secretary's discretion, may impose conditions on 
                release as provided in paragraph (3).
                    ``(E) Redetention.--The Secretary of Homeland 
                Security, in the exercise of the Secretary's 
                discretion, without any limitations other than those 
                specified in this section, may again detain any alien 
                subject to a final removal order who is released from 
                custody, if removal becomes likely in the reasonably 
                foreseeable future, the alien fails to comply with the 
                conditions of release, or to continue to satisfy the 
                conditions described in subparagraph (A), or if, upon 
                reconsideration, the Secretary, in the Secretary's sole 
                discretion, determines that the alien can be detained 
                under subparagraph (B). This section shall apply to any 
                alien returned to custody pursuant to this 
                subparagraph, as if the removal period terminated on 
                the day of the redetention.
                    ``(F) Review of determinations by secretary.--A 
                determination by the Secretary under this paragraph 
                shall not be subject to review by any other agency.''.

SEC. 1104. DEFINITION OF AGGRAVATED FELONY.

    (a) In General.--Section 101(a)(43) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(43)) is amended to read as follows:
            ``(43) Notwithstanding any other provision of law, the term 
        `aggravated felony' means any offense, whether in violation of 
        Federal, State, or foreign law, that is described in this 
        paragraph. An offense described in this paragraph is--
                    ``(A) homicide (including murder in any degree, 
                manslaughter, and vehicular manslaughter), rape 
                (whether the victim was conscious or unconscious), 
                statutory rape, sexual assault or battery, or any 
                offense of a sexual nature involving an intended victim 
                under the age of 18 years (including offenses in which 
                the intended victim was a law enforcement officer);
                    ``(B)(i) illicit trafficking in a controlled 
                substance (as defined in section 102 of the Controlled 
                Substances Act), including a drug trafficking crime (as 
                defined in section 924(c) of title 18, United States 
                Code); or
                    ``(ii) any offense under State law relating to a 
                controlled substance (as so classified under State law) 
                which is classified as a felony in that State 
                regardless of whether the substance is classified as a 
                controlled substance under section 102 of the 
                Controlled Substances Act (21 U.S.C. 802);
                    ``(C) illicit trafficking in firearms or 
                destructive devices (as defined in section 921 of title 
                18, United States Code) or in explosive materials (as 
                defined in section 841(c) of that title);
                    ``(D) an offense described in section 1956 of title 
                18, United States Code (relating to laundering of 
                monetary instruments) or section 1957 of that title 
                (relating to engaging in monetary transactions in 
                property derived from specific unlawful activity) if 
                the amount of the funds exceeded $10,000;
                    ``(E) an offense described in--
                            ``(i) section 842 or 844 of title 18, 
                        United States Code (relating to explosive 
                        materials offenses);
                            ``(ii) section 922 or 924 of title 18, 
                        United States Code (relating to firearms 
                        offenses); or
                            ``(iii) section 5861 of the Internal 
                        Revenue Code of 1986 (relating to firearms 
                        offenses);
                    ``(F) a violent crime for which the term of 
                imprisonment is at least 1 year, including--
                            ``(i) any offense that has an element the 
                        use, attempted use, or threatened use of 
                        physical force against the person or property 
                        of another; or
                            ``(ii) any other offense in which the 
                        record of conviction establishes that the 
                        offender used physical force against the person 
                        or property of another in the course of 
                        committing the offense;
                    ``(G)(i) theft (including theft by deceit, theft by 
                fraud, embezzlement, motor vehicle theft, unauthorized 
                use of a vehicle, or receipt of stolen property), 
                regardless of whether the intended deprivation was 
                temporary or permanent, for which the term of 
                imprisonment is at least 1 year; or
                    ``(ii) burglary for which the term of imprisonment 
                is at least 1 year;
                    ``(H) an offense described in section 875, 876, 
                877, or 1202 of title 18, United States Code (relating 
                to the demand for or receipt of ransom);
                    ``(I) an offense involving child pornography or 
                sexual exploitation of a minor (including any offense 
                described in section 2251, 2251A, or 2252 of title 18, 
                United States Code);
                    ``(J) an offense described in section 1962 of title 
                18, United States Code (relating to racketeer 
                influenced corrupt organizations), or an offense 
                described in section 1084 (if it is a second or 
                subsequent offense) or 1955 of that title (relating to 
                gambling offenses);
                    ``(K) an offense that--
                            ``(i) relates to the owning, controlling, 
                        managing, or supervising of a prostitution 
                        business;
                            ``(ii) is described in section 2421, 2422, 
                        or 2423 of title 18, United States Code 
                        (relating to transportation for the purpose of 
                        prostitution) if committed for commercial 
                        advantage; or
                            ``(iii) is described in any of sections 
                        1581-1585 or 1588-1591 of title 18, United 
                        States Code (relating to peonage, slavery, 
                        involuntary servitude, and trafficking in 
                        persons);
                    ``(L) an offense described in--
                            ``(i) section 793 (relating to gathering or 
                        transmitting national defense information), 798 
                        (relating to disclosure of classified 
                        information), 2153 (relating to sabotage) or 
                        2381 or 2382 (relating to treason) of title 18, 
                        United States Code;
                            ``(ii) section 601 of the National Security 
                        Act of 1947 (50 U.S.C. 421) (relating to 
                        protecting the identity of undercover 
                        intelligence agents);
                            ``(iii) section 601 of the National 
                        Security Act of 1947 (relating to protecting 
                        the identity of undercover agents);
                            ``(iv) section 175 (relating to biological 
                        weapons) of title 18, United States Code;
                            ``(v) sections 792 (harboring or concealing 
                        persons who violated sections 793 or 794 of 
                        title 18, United States Code), 794 (gathering 
                        or delivering defense information to aid 
                        foreign government), 795 (photographing and 
                        sketching defense installations), 796 (use of 
                        aircraft for photographing defense 
                        installations), 797 (publication and sale of 
                        photographs of defense installations), 799 
                        (violation of NASA regulations for protection 
                        of facilities) of title 18, United States Code;
                            ``(vi) sections 831 (prohibited 
                        transactions involving nuclear materials) and 
                        832 (participation in nuclear and weapons of 
                        mass destruction threats to the United States) 
                        of title 18, United States Code;
                            ``(vii) sections 2332a-d, f-h (relating to 
                        terrorist activities) of title 18, United 
                        States Code;
                            ``(viii) sections 2339 (relating to 
                        harboring or concealing terrorists), 2339A 
                        (relating to material support to terrorists), 
                        2339B (relating to material support or 
                        resources to designated foreign terrorist 
                        organizations), 2339C (relating to financing of 
                        terrorism), 2339D (relating to receiving 
                        military-type training from a terrorist 
                        organization) of title 18, United States Code;
                            ``(ix) section 1705 of the International 
                        Emergency Economic Powers Act (50 U.S.C. 1705); 
                        or
                            ``(x) section 38 of the Arms Export Control 
                        Act (22 U.S.C. 2778);
                    ``(M) an offense that--
                            ``(i) involves fraud or deceit in which the 
                        loss to the victim or victims exceeds $10,000; 
                        or
                            ``(ii) is described in section 7201 of the 
                        Internal Revenue Code of 1986 (relating to tax 
                        evasion) in which the revenue loss to the 
                        Government exceeds $10,000;
                    ``(N) an offense described in section 274(a) 
                (relating to alien smuggling);
                    ``(O) an offense described in section 275 or 276 
                for which the term of imprisonment is at least 1 year;
                    ``(P) an offense which is described in chapter 75 
                of title 18, United States Code, and for which the term 
                of imprisonment is at least 1 year;
                    ``(Q) an offense relating to a failure to appear by 
                a defendant for service of sentence if the underlying 
                offense is punishable by imprisonment for a term of 5 
                years or more;
                    ``(R) an offense relating to commercial bribery, 
                counterfeiting, forgery, or trafficking in vehicles the 
                identification numbers of which have been altered for 
                which the term of imprisonment is at least one year;
                    ``(S) an offense relating to obstruction of 
                justice, perjury or subornation of perjury, or bribery 
                of a witness;
                    ``(T) an offense relating to a failure to appear 
                before a court pursuant to a court order to answer to 
                or dispose of a charge of a felony for which a sentence 
                of 2 years' imprisonment or more may be imposed;
                    ``(U) any offense for which the term of 
                imprisonment imposed was 2 years or more;
                    ``(V) an offense relating to terrorism or national 
                security (including a conviction for a violation of any 
                provision of chapter 113B of title 18, United States 
                Code);
                    ``(W)(i) a single conviction for driving while 
                intoxicated (including a conviction for driving while 
                under the influence of or impairment by alcohol or 
                drugs), when such impaired driving was a cause of the 
                serious bodily injury or death of another person; or
                    ``(ii) a second or subsequent conviction for 
                driving while intoxicated (including a conviction for 
                driving under the influence of or impaired by alcohol 
                or drugs); or
                    ``(X) an attempt or conspiracy to commit an offense 
                described in this paragraph or aiding, abetting, 
                counseling, procuring, commanding, inducing, 
                facilitating, or soliciting the commission of such an 
                offense.
        Any determinations under this paragraph shall be made on the 
        basis of the record of conviction. For purposes of this 
        paragraph, a person shall be considered to have committed an 
        aggravated felony if that person has been convicted for 3 or 
        more misdemeanors not arising out the traffic laws (except for 
        any conviction for driving under the influence or an offense 
        that results in the death or serious bodily injury of another 
        person) or felonies for which the aggregate term of 
        imprisonment imposed was 3 years or more, regardless of whether 
        the convictions were all entered pursuant to a single trial or 
        the offenses arose from a single pattern or scheme of 
        conduct.''.
    (b) Effective Date; Application of Amendments.--
            (1) In general.--The amendments made by subsection (a)--
                    (A) shall take effect on the date of the enactment 
                of this Act; and
                    (B) shall apply to any act or conviction that 
                occurred before, on, or after such date.
            (2) Application of iirira amendments.--The amendments to 
        section 101(a)(43) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(43)) made by section 321 of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 1996 
        (division C of Public Law 104-208; 110 Stat. 3009-627) shall 
        continue to apply, whether the conviction was entered before, 
        on, or after September 30, 1996.

SEC. 1105. CRIME OF VIOLENCE.

    Section 16 of title 18, United States Code, is amended to read as 
follows:
``Sec. 16. Crime of violence defined
    ``(a) The term `crime of violence' means an offense that--
            ``(1)(A) is murder, voluntary manslaughter, assault, sexual 
        abuse or aggravated sexual abuse, abusive sexual contact, child 
        abuse, kidnapping, robbery, carjacking, firearms use, burglary, 
        arson, extortion, communication of threats, coercion, 
        unauthorized use of a vehicle, fleeing, interference with 
        flight crew members and attendants, domestic violence, hostage 
        taking, stalking, human trafficking, or using weapons of mass 
        destruction; or
            ``(B) involves use or unlawful possession of explosives or 
        destructive devices described in 5845(f) of the Internal 
        Revenue Code of 1986;
            ``(2) has as an element the use, attempted use, or 
        threatened use of physical force against the person or property 
        of another; or
            ``(3) is an attempt to commit, conspiracy to commit, 
        solicitation to commit, or aiding and abetting any of the 
        offenses set forth in paragraphs (1) and (2).
    ``(b) In this section:
            ``(1) The term `abusive sexual contact' means conduct 
        described in section 2244(a)(1) and (a)(2).
            ``(2) The terms `aggravated sexual abuse' and `sexual 
        abuse' mean conduct described in sections 2241 and 2242. For 
        purposes of such conduct, the term `sexual act' means conduct 
        described in section 2246(2), or the knowing and lewd exposure 
        of genitalia or masturbation, to any person, with an intent to 
        abuse, humiliate, harass, degrade, or arouse or gratify the 
        sexual desire of any person.
            ``(3) The term `assault' means conduct described in section 
        113(a), and includes conduct committed recklessly, knowingly, 
        or intentionally.
            ``(4) The term `arson' means conduct described in section 
        844(i) or unlawfully or willfully damaging or destroying any 
        building, inhabited structure, vehicle, vessel, or real 
        property by means of fire or explosive.
            ``(5) The term `burglary' means an unlawful or unprivileged 
        entry into, or remaining in, a building or structure, including 
        any nonpermanent or mobile structure that is adapted or used 
        for overnight accommodation or for the ordinary carrying on of 
        business, and, either before or after entering, the person--
                    ``(A) forms the intent to commit a crime; or
                    ``(B) commits or attempts to commit a crime.
            ``(6) The term `carjacking' means conduct described in 
        section 2119, or the unlawful taking of a motor vehicle from 
        the immediate actual possession of a person against his will, 
        by means of actual or threatened force, or violence or 
        intimidation, or by sudden or stealthy seizure or snatching, or 
        fear of injury.
            ``(7) The term `child abuse' means the unlawful infliction 
        of physical injury or the commission of any sexual act against 
        a child under fourteen by any person eighteen years of age or 
        older.
            ``(8) The term `communication of threats' means conduct 
        described in section 844(e), or the transmission of any 
        communications containing any threat of use of violence to--
                    ``(A) demand or request for a ransom or reward for 
                the release of any kidnapped person; or
                    ``(B) threaten to kidnap or injure the person of 
                another.
            ``(9) The term `coercion' means causing the performance or 
        non-performance of any act by another person which under such 
        other person has a legal right to do or to abstain from doing, 
        through fraud or by the use of actual or threatened force, 
        violence, or fear thereof, including the use, or an express or 
        implicit threat of use, of violence to cause harm, or threats 
        to cause injury to the person, reputation or property of any 
        person.
            ``(10) The term `domestic violence' means any assault 
        committed by a current or former spouse, parent, or guardian of 
        the victim, by a person with whom the victim shares a child in 
        common, by a person who is cohabiting with or has cohabited 
        with the victim as a spouse, parent, or guardian, or by a 
        person similarly situated to a spouse, parent, or guardian of 
        the victim
            ``(11) The term `extortion' means conduct described in 
        section 1951(b)(2)), but not extortion under color of official 
        right or fear of economic loss.
            ``(12) The term `firearms use' means conduct described in 
        section 924(c) or 929(a), if the firearm was brandished, 
        discharged, or otherwise possessed, carried, or used as a 
        weapon and the crime of violence or drug trafficking crime 
        during and in relation to which the firearm was possessed, 
        carried, or used was subject to prosecution in any court of the 
        United States, State court, military court or tribunal, or 
        tribal court. Such term also includes unlawfully possessing a 
        firearm described in section 5845(a) of the Internal Revenue 
        Code of 1986 (such as a sawed-off shotgun or sawed-off rifle, 
        silencer, bomb, or machine gun), possession of a firearm 
        described in section 922(g)(1), 922(g)(2) and 922(g)(4), 
        possession of a firearm with the intent to use such firearm 
        unlawfully, or reckless discharge of a firearm at a dwelling.
            ``(13) The term `fleeing' means knowingly operating a motor 
        vehicle and, following a law enforcement officer's signal to 
        bring the motor vehicle to a stop--
                    ``(A) failing or refusing to comply; or
                    ``(B) fleeing or attempting to elude a law 
                enforcement officer.
            ``(14) The term `force' means the level of force needed or 
        intended to overcome resistance.
            ``(15) The term `hostage taking' means conduct described in 
        section 1203.
            ``(16) The term `human trafficking' means conduct described 
        in section 1589, 1590, and 1591.
            ``(17) The term `interference with flight crew members and 
        attendants' means conduct described in section 46504 of title 
        49, United States Code.
            ``(18) The term `kidnapping' means conduct described in 
        section 1201(a)(1) or seizing, confining, inveigling, decoying, 
        abducting, or carrying away and holding for ransom or reward or 
        otherwise any person.
            ``(19) The term `murder' means conduct described as murder 
        in the first degree or murder in the second degree described in 
        section 1111.
            ``(20) The term `robbery' means conduct described in 
        section 1951(b)(1), or the unlawful taking or obtaining of 
        personal property from the person or in the presence of 
        another, against his will, by means of actual or threatened 
        force, or violence or intimidation, or by sudden or stealthy 
        seizure or snatching, or fear of injury, immediate or future, 
        to his person or property, or property in his custody or 
        possession, or the person or property of a relative or member 
        of his family or of anyone in his company at the time of the 
        taking or obtaining.
            ``(21) The term `stalking' means conduct described in 
        section 2261A.
            ``(22) The term `unauthorized use of a motor vehicle' means 
        the intentional or knowing operation of another person's boat, 
        airplane, or motor vehicle without the consent of the owner.
            ``(23) The term `using weapons of mass destruction' means 
        conduct described in section 2332a.
            ``(24) The term `voluntary manslaughter' means conduct 
        described in section 1112(a).
    ``(c) For purposes of this section, in the case of any reference in 
subsection (b) to an offense under this title, such reference shall 
include conduct that constitutes an offense under State or tribal law 
or under the Uniform Code of Military Justice, if such conduct would be 
an offense under this title if a circumstance giving rise to Federal 
jurisdiction had existed.''.

SEC. 1106. GROUNDS OF INADMISSIBILITY AND DEPORTABILITY FOR ALIEN GANG 
              MEMBERS.

    (a) Definition of Gang Member.--Section 101(a) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)) is amended by inserting after 
paragraph (52) the following:
    ``(53)(A) The term `criminal gang' means an ongoing group, club, 
organization, or association of 5 or more persons--
            ``(i) that has as one of its primary purposes the 
        commission of 1 or more of the criminal offenses described in 
        subparagraph (B) and the members of which engage, or have 
        engaged within the past 5 years, in a continuing series of such 
        offenses; or
            ``(ii) that has been designated as a criminal gang by the 
        Secretary of Homeland Security, in consultation with the 
        Attorney General, as meeting these criteria.
    ``(B) The offenses described, whether in violation of Federal or 
State law or foreign law and regardless of whether the offenses 
occurred before, on, or after the date of the enactment of this 
paragraph, are the following:
            ``(i) A `felony drug offense' (as defined in section 102 of 
        the Controlled Substances Act (21 U.S.C. 802)).
            ``(ii) A felony offense involving firearms or explosives or 
        in violation of section 931 of title 18, United States Code 
        (relating to purchase, ownership, or possession of body armor 
        by violent felons).
            ``(iii) An offense under section 274 (relating to bringing 
        in and harboring certain aliens), section 277 (relating to 
        aiding or assisting certain aliens to enter the United States), 
        or section 278 (relating to importation of alien for immoral 
        purpose), except that this clause does not apply in the case of 
        an organization described in section 501(c)(3) of the Internal 
        Revenue Code of 1986 (26 U.S.C. 501(c)(3)) which is exempt from 
        taxation under section 501(a) of such Code.
            ``(iv) A violent crime described in section 101(a)(43)(F).
            ``(v) A crime involving obstruction of justice, tampering 
        with or retaliating against a witness, victim, or informant, or 
        perjury or subornation of perjury.
            ``(vi) Any conduct punishable under sections 1028A and 1029 
        of title 18, United States Code (relating to aggravated 
        identity theft or fraud and related activity in connection with 
        identification documents or access devices), sections 1581 
        through 1594 of such title (relating to peonage, slavery, and 
        trafficking in persons), section 1951 of such title (relating 
        to interference with commerce by threats or violence), section 
        1952 of such title (relating to interstate and foreign travel 
        or transportation in aid of racketeering enterprises), section 
        1956 of such title (relating to the laundering of monetary 
        instruments), section 1957 of such title (relating to engaging 
        in monetary transactions 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).
            ``(vii) An attempt or conspiracy to commit an offense 
        described in this paragraph or aiding, abetting, counseling, 
        procuring, commanding, inducing, facilitating, or soliciting 
        the commission of an offense described in clauses (i) through 
        (vi).''.
    (b) Inadmissibility.--Section 212(a)(2) of such Act (8 U.S.C. 
1182(a)(2)) is amended--
            (1) in subparagraph (A)(i)--
                    (A) in subclause (I), by striking ``or'' at the 
                end;
                    (B) by inserting after subclause (II) the 
                following:
                                    ``(III) a violation of (or a 
                                conspiracy or attempt to violate) any 
                                law or regulation of a State, the 
                                United States, or a foreign country 
                                relating to participation or membership 
                                in a criminal gang; or
                                    ``(IV) any felony or misdemeanor 
                                offense for which the alien received a 
                                sentencing enhancement predicated on 
                                gang membership or conduct that 
                                promoted, furthered, aided, or 
                                supported the illegal activity of the 
                                criminal gang,''; and
            (2) by adding at the end the following:
                    ``(N) Aliens associated with criminal gangs.--
                            ``(i) Aliens not physically present in the 
                        united states.--In the case of an alien who is 
                        not physically present in the United States:
                                    ``(I) That alien is inadmissible if 
                                a consular officer, an immigration 
                                officer, the Secretary of Homeland 
                                Security, or the Attorney General knows 
                                or has reason to believe--
                                            ``(aa) to be or to have 
                                        been a member of a criminal 
                                        gang (as defined in section 
                                        101(a)(53)); or
                                            ``(bb) to have participated 
                                        in the activities of a criminal 
                                        gang (as defined in section 
                                        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.
                                    ``(II) That alien is inadmissible 
                                if a consular officer, an immigration 
                                officer, the Secretary of Homeland 
                                Security, or the Attorney General has 
                                reasonable grounds to believe the alien 
                                has participated in, been a member of, 
                                promoted, or conspired with a criminal 
                                gang, either inside or outside of the 
                                United States.
                                    ``(III) That alien is inadmissible 
                                if a consular officer, an immigration 
                                officer, the Secretary of Homeland 
                                Security, or the Attorney General has 
                                reasonable grounds to believe seeks to 
                                enter the United States or has entered 
                                the United States in furtherance of the 
                                activities of a criminal gang, either 
                                inside or outside of the United States.
                    ``(ii) Aliens physically present in the united 
                states.--In the case of an alien who is physically 
                present in the United States, that alien is 
                inadmissible if the alien--
                            ``(I) is 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 defined in section 
                        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 Immigration and 
Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end 
the following:
                    ``(H) Aliens associated with criminal gangs.--Any 
                alien is deportable who--
                            ``(i) is or has been a member of a criminal 
                        gang (as defined in section 101(a)(53));
                            ``(ii) has participated in the activities 
                        of a criminal gang (as so defined), knowing or 
                        having reason to know that such activities will 
                        promote, further, aid, or support the illegal 
                        activity of the criminal gang;
                            ``(iii) has been convicted of a violation 
                        of (or a conspiracy or attempt to violate) any 
                        law or regulation of a State, the United 
                        States, or a foreign country relating to 
                        participation or membership in a criminal gang; 
                        or
                            ``(iv) any felony or misdemeanor offense 
                        for which the alien received a sentencing 
                        enhancement predicated on gang membership or 
                        conduct that promoted, furthered, aided, or 
                        supported the illegal activity of the criminal 
                        gang.''.
    (d) Designation.--
            (1) In general.--Chapter 2 of title II of the Immigration 
        and Nationality Act (8 U.S.C. 1182) is amended by inserting 
        after section 219 the following:

                     ``designation of criminal gang

    ``Sec. 220. 
    ``(a) Designation.--
    ``(1) In General.--The Secretary of Homeland Security, in 
consultation with the Attorney General, may designate a group, club, 
organization, or association of 5 or more persons as a criminal gang if 
the Secretary finds that their conduct is described in section 
101(a)(53).
    ``(2) Procedure.--
            ``(A) Notification.--Seven days before making a designation 
        under this subsection, the Secretary shall, by classified 
        communication, notify the Speaker and Minority Leader of the 
        House of Representatives, the President pro tempore, Majority 
        Leader, and Minority Leader of the Senate, and the members of 
        the relevant committees of the House of Representatives and the 
        Senate, in writing, of the intent to designate a group, club, 
        organization, or association of 5 or more persons under this 
        subsection and the factual basis therefor.
            ``(B) Publication in the federal register.--The Secretary 
        shall publish the designation in the Federal Register seven 
        days after providing the notification under subparagraph (A).
    ``(3) Record.--
            ``(A) In general.--In making a designation under this 
        subsection, the Secretary shall create an administrative 
        record.
            ``(B) Classified information.--The Secretary may consider 
        classified information in making a designation under this 
        subsection. Classified information shall not be subject to 
        disclosure for such time as it remains classified, except that 
        such information may be disclosed to a court ex parte and in 
        camera for purposes of judicial review under subsection (c).
    ``(4) Period of Designation.--
            ``(A) In general.--A designation under this subsection 
        shall be effective for all purposes until revoked under 
        paragraph (5) or (6) or set aside pursuant to subsection (c).
            ``(B) Review of designation upon petition.--
                    ``(i) In general.--The Secretary shall review the 
                designation of a criminal gang under the procedures set 
                forth in clauses (iii) and (iv) if the designated 
                group, club, organization, or association of 5 or more 
                persons files a petition for revocation within the 
                petition period described in clause (ii).
                    ``(ii) Petition period.--For purposes of clause 
                (i)--
                            ``(I) if the designated group, club, 
                        organization, or association of 5 or more 
                        persons has not previously filed a petition for 
                        revocation under this subparagraph, the 
                        petition period begins 2 years after the date 
                        on which the designation was made; or
                            ``(II) if the designated group, club, 
                        organization, or association of 5 or more 
                        persons has previously filed a petition for 
                        revocation under this subparagraph, the 
                        petition period begins 2 years after the date 
                        of the determination made under clause (iv) on 
                        that petition.
                    ``(iii) Procedures.--Any group, club, organization, 
                or association of 5 or more persons that submits a 
                petition for revocation under this subparagraph of its 
                designation as a criminal gang must provide evidence in 
                that petition that it is not described in section 
                101(a)(53).
                    ``(iv) Determination.--
                            ``(I) In general.--Not later than 180 days 
                        after receiving a petition for revocation 
                        submitted under this subparagraph, the 
                        Secretary shall make a determination as to such 
                        revocation.
                            ``(II) Classified information.--The 
                        Secretary may consider classified information 
                        in making a determination in response to a 
                        petition for revocation. Classified information 
                        shall not be subject to disclosure for such 
                        time as it remains classified, except that such 
                        information may be disclosed to a court ex 
                        parte and in camera for purposes of judicial 
                        review under subsection (c).
                            ``(III) Publication of determination.--A 
                        determination made by the Secretary under this 
                        clause shall be published in the Federal 
                        Register.
                            ``(IV) Procedures.--Any revocation by the 
                        Secretary shall be made in accordance with 
                        paragraph (6).
            ``(C) Other review of designation.--
                    ``(i) In general.--If in a 5-year period no review 
                has taken place under subparagraph (B), the Secretary 
                shall review the designation of the criminal gang in 
                order to determine whether such designation should be 
                revoked pursuant to paragraph (6).
                    ``(ii) Procedures.--If a review does not take place 
                pursuant to subparagraph (B) in response to a petition 
                for revocation that is filed in accordance with that 
                subparagraph, then the review shall be conducted 
                pursuant to procedures established by the Secretary. 
                The results of such review and the applicable 
                procedures shall not be reviewable in any court.
                    ``(iii) Publication of results of review.--The 
                Secretary shall publish any determination made pursuant 
                to this subparagraph in the Federal Register.
    ``(5) Revocation by Act of Congress.--The Congress, by an Act of 
Congress, may block or revoke a designation made under paragraph (1).
    ``(6) Revocation Based on Change in Circumstances.--
            ``(A) In general.--The Secretary may revoke a designation 
        made under paragraph (1) at any time, and shall revoke a 
        designation upon completion of a review conducted pursuant to 
        subparagraphs (B) and (C) of paragraph (4) if the Secretary 
        finds that--
                    ``(i) the group, club, organization, or association 
                of 5 or more persons that has been designated as a 
                criminal gang is no longer described in section 
                101(a)(53); or
                    ``(ii) the national security or the law enforcement 
                interests of the United States warrants a revocation.
            ``(B) Procedure.--The procedural requirements of paragraphs 
        (2) and (3) shall apply to a revocation under this paragraph. 
        Any revocation shall take effect on the date specified in the 
        revocation or upon publication in the Federal Register if no 
        effective date is specified.
    ``(7) Effect of Revocation.--The revocation of a designation under 
paragraph (5) or (6) shall not affect any action or proceeding based on 
conduct committed prior to the effective date of such revocation.
    ``(8) Use of Designation in Trial or Hearing.--If a designation 
under this subsection has become effective under paragraph (2), an 
alien in a removal proceeding shall not be permitted to raise any 
question concerning the validity of the issuance of such designation as 
a defense or an objection.
    ``(b) Amendments to a Designation.--
            ``(1) In general.--The Secretary may amend a designation 
        under this subsection if the Secretary finds that the group, 
        club, organization, or association of 5 or more persons has 
        changed its name, adopted a new alias, dissolved and then 
        reconstituted itself under a different name or names, or merged 
        with another group, club, organization, or association of 5 or 
        more persons.
            ``(2) Procedure.--Amendments made to a designation in 
        accordance with paragraph (1) shall be effective upon 
        publication in the Federal Register. Paragraphs (2), (4), (5), 
        (6), (7), and (8) of subsection (a) shall also apply to an 
        amended designation.
            ``(3) Administrative record.--The administrative record 
        shall be corrected to include the amendments as well as any 
        additional relevant information that supports those amendments.
            ``(4) Classified information.--The Secretary may consider 
        classified information in amending a designation in accordance 
        with this subsection. Classified information shall not be 
        subject to disclosure for such time as it remains classified, 
        except that such information may be disclosed to a court ex 
        parte and in camera for purposes of judicial review under 
        subsection (c) of this section.
    ``(c) Judicial Review of Designation.--
            ``(1) In general.--Not later than 30 days after publication 
        in the Federal Register of a designation, an amended 
        designation, or a determination in response to a petition for 
        revocation, the designated group, club, organization, or 
        association of 5 or more persons may seek judicial review in 
        the United States Court of Appeals for the District of Columbia 
        Circuit.
            ``(2) Basis of review.--Review under this subsection shall 
        be based solely upon the administrative record, except that the 
        Government may submit, for ex parte and in camera review, 
        classified information used in making the designation, amended 
        designation, or determination in response to a petition for 
        revocation.
            ``(3) Scope of review.--The Court shall hold unlawful and 
        set aside a designation, amended designation, or determination 
        in response to a petition for revocation the court finds to 
        be--
                    ``(A) arbitrary, capricious, an abuse of 
                discretion, or otherwise not in accordance with law;
                    ``(B) contrary to constitutional right, power, 
                privilege, or immunity;
                    ``(C) in excess of statutory jurisdiction, 
                authority, or limitation, or short of statutory right;
                    ``(D) lacking substantial support in the 
                administrative record taken as a whole or in classified 
                information submitted to the court under paragraph (2); 
                or
                    ``(E) not in accord with the procedures required by 
                law.
            ``(4) Judicial review invoked.--The pendency of an action 
        for judicial review of a designation, amended designation, or 
        determination in response to a petition for revocation shall 
        not affect the application of this section, unless the court 
        issues a final order setting aside the designation, amended 
        designation, or determination in response to a petition for 
        revocation.
    ``(d) Definitions.--As used in this section--
            ``(1) the term `classified information' has the meaning 
        given that term in section 1(a) of the Classified Information 
        Procedures Act (18 U.S.C. App.);
            ``(2) the term `national security' means the national 
        defense, foreign relations, or economic interests of the United 
        States;
            ``(3) the term `relevant committees' means the Committees 
        on the Judiciary of the Senate and of the House of 
        Representatives; and
            ``(4) the term `Secretary' means the Secretary of Homeland 
        Security, in consultation with the Attorney General.''.
            (2) Clerical amendment.--The table of contents for such Act 
        is amended by inserting after the item relating to section 219 
        the following:

``Sec. 220. Designation.''.
    (e) Mandatory Detention of Criminal Gang Members.--
            (1) In general.--Section 236(c)(1) of the Immigration and 
        Nationality Act (8 U.S.C. 1226(c)(1)) is amended--
                    (A) in subparagraph (C), by striking ``or'' at the 
                end;
                    (B) in subparagraph (D), by inserting ``or'' at the 
                end; and
                    (C) by inserting after subparagraph (D) the 
                following:
                    ``(E) is inadmissible under section 212(a)(2)(N) or 
                deportable under section 237(a)(2)(H),''.
            (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 
        Committees on the Judiciary of the House of Representatives and 
        of the Senate on the number of aliens detained under the 
        amendments made by paragraph (1).
    (f) Asylum Claims Based on Gang Affiliation.--
            (1) Inapplicability of restriction on removal 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 described in 
        section 212(a)(2)(N)(i) or section 237(a)(2)(H)(i) or who is'' 
        after ``to an alien''.
            (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 following:
                            ``(vi) the alien is described in section 
                        212(a)(2)(N)(i) or section 237(a)(2)(H)(i); 
                        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 Security'';
            (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:
                            ``(iii) the alien is, or at any time has 
                        been, described in section 212(a)(2)(N) or 
                        section 237(a)(2)(H).''; 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 Security 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 adding ``and'' at the end; and
            (3) by adding at the end the following:
                                    ``(III) no alien who is, or at any 
                                time has been, described in section 
                                212(a)(2)(N) or section 237(a)(2)(H) 
                                shall be eligible for any immigration 
                                benefit under this subparagraph;''.
    (i) Parole.--An alien described in section 212(a)(2)(N) of the 
Immigration and Nationality Act, as added by subsection (b), shall not 
be eligible for parole under section 212(d)(5)(A) of such Act unless--
            (1) the alien is assisting or has assisted the United 
        States Government in a law enforcement matter, including a 
        criminal investigation; and
            (2) the alien's presence in the United States is required 
        by the Government with respect to such assistance.
    (j) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to acts 
that occur before, on, or after the date of the enactment of this Act.

SEC. 1107. SPECIAL IMMIGRANT JUVENILE STATUS FOR IMMIGRANTS UNABLE TO 
              REUNITE WITH EITHER PARENT.

    Section 101(a)(27)(J)(i) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(27)(J)(i)) is amended by striking ``1 or both of the 
immigrant's parents'' and inserting ``either of the immigrant's 
parents''.

SEC. 1108. CLARIFICATION OF AUTHORITY REGARDING DETERMINATIONS OF 
              CONVICTIONS.

    Section 101(a)(48) of the Immigration and National Act (8 U.S.C. 
1101(a)(48)) is amended by adding at the end the following:
                    ``(C) In making a determination as to whether a 
                conviction is for--
                            ``(i) a crime under section 212(a)(2); or
                            ``(ii) a crime under 237(a)(2),
                such determination shall be determined on the basis of 
                the record of conviction and any facts established 
                within the record of conviction.
                    ``(D) Any reversal, vacatur, expungement, or 
                modification to a conviction, sentence, or conviction 
                record that was granted to ameliorate the immigration 
                consequences of the conviction, sentence, or conviction 
                record, or was granted for rehabilitative purposes 
                shall have no effect on the immigration consequences 
                resulting from the original conviction. The alien shall 
                have the burden of proving that the reversal, vacatur, 
                expungement, or modification was not for such purposes. 
                In no case in which a reversal, vacatur, expungement, 
                or modification was granted for a procedural or 
                substantive defect in the criminal proceedings. Whether 
                an alien has been convicted of a crime for which a 
                sentence of one year or longer may be imposed or 
                whether the alien has been convicted for a crime where 
                the maximum penalty possible did not exceed one year 
                shall be determined based on the maximum penalty 
                allowed by the statute of conviction as of the date the 
                offense was committed. Subsequent changes in State or 
                Federal law which increase or decrease the sentence 
                that may be imposed for a given crime shall not be 
                considered.''.

SEC. 1109. ADDING ATTEMPT AND CONSPIRACY TO COMMIT TERRORISM-RELATED 
              INADMISSIBILITY GROUNDS ACTS TO THE DEFINITION OF 
              ENGAGING IN TERRORIST ACTIVITY.

    Section 212(a)(3)(B)(iv) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(3)(B)(iv)) is amended--
            (1) in subclause (VI), by striking the period and inserting 
        ``; or''; and
            (2) by adding at the end the following:
                                    ``(VII) an attempt or conspiracy to 
                                do any of the foregoing.''.

SEC. 1110. CLARIFYING THE AUTHORITY OF ICE DETAINERS.

    (a) In General.--Section 287(d) of the Immigration and Nationality 
Act (8 U.S.C. 1357(d)) is amended to read as follows:
    ``(d) Detainer of Inadmissible or Deportable Aliens.--
            ``(1) In general.--In the case of an individual who is 
        arrested by any Federal, State, or local law enforcement 
        official or other personnel for the alleged violation of any 
        criminal or motor vehicle law relating to driving while 
        intoxicated or driving under the influence (including driving 
        while under the influence of or impairment by alcohol or 
        drugs), the Secretary may issue a detainer regarding the 
        individual to any Federal, State, or local law enforcement 
        entity, official, or other personnel if the Secretary has 
        probable cause to believe that the individual is an 
        inadmissible or deportable alien.
            ``(2) Probable cause.--Probable cause is deemed to be 
        established if--
                    ``(A) the individual who is the subject of the 
                detainer matches, pursuant to biometric confirmation or 
                other Federal database records, the identity of an 
                alien who the Secretary has reasonable grounds to 
                believe to be inadmissible or deportable;
                    ``(B) the individual who is the subject of the 
                detainer is the subject of ongoing removal proceedings, 
                including matters where a charging document has already 
                been served;
                    ``(C) the individual who is the subject of the 
                detainer has previously been ordered removed from the 
                United States and such an order is administratively 
                final;
                    ``(D) the individual who is the subject of the 
                detainer has made voluntary statements or provided 
                reliable evidence that indicate that they are an 
                inadmissible or deportable alien; or
                    ``(E) the Secretary otherwise has reasonable 
                grounds to believe that the individual who is the 
                subject of the detainer is an inadmissible or 
                deportable alien.
            ``(3) Transfer of custody.--If the Federal, State, or local 
        law enforcement entity, official, or other personnel to whom a 
        detainer is issued complies with the detainer and detains for 
        purposes of transfer of custody to the Department of Homeland 
        Security the individual who is the subject of the detainer, the 
        Department may take custody of the individual within 48 hours 
        (excluding weekends and holidays), but in no instance more than 
        96 hours, following the date that the individual is otherwise 
        to be released from the custody of the relevant Federal, State, 
        or local law enforcement entity.''.
    (b) Immunity.--
            (1) In general.--A State or a political subdivision of a 
        State (and the officials and personnel of the State or 
        subdivision acting in their official capacities), and a 
        nongovernmental entity (and its personnel) contracted by the 
        State or political subdivision for the purpose of providing 
        detention, acting in compliance with a Department of Homeland 
        Security detainer issued pursuant to this section who 
        temporarily holds an alien in its custody pursuant to the terms 
        of a detainer so that the alien may be taken into the custody 
        of the Department of Homeland Security, shall be considered to 
        be acting under color of Federal authority for purposes of 
        determining their liability and shall be held harmless for 
        their compliance with the detainer in any suit seeking any 
        punitive, compensatory, or other monetary damages.
            (2) Federal government as defendant.--In any civil action 
        arising out of the compliance with a Department of Homeland 
        Security detainer by a State or a political subdivision of a 
        State (and the officials and personnel of the State or 
        subdivision acting in their official capacities), or a 
        nongovernmental entity (and its personnel) contracted by the 
        State or political subdivision for the purpose of providing 
        detention, the United States Government shall be the proper 
        party named as the defendant in the suit in regard to the 
        detention resulting from compliance with the detainer.
            (3) Bad faith exception.--Paragraphs (1) and (2) shall not 
        apply to any mistreatment of an individual by a State or a 
        political subdivision of a State (and the officials and 
        personnel of the State or subdivision acting in their official 
        capacities), or a nongovernmental entity (and its personnel) 
        contracted by the State or political subdivision for the 
        purpose of providing detention.
    (c) Private Right of Action.--
            (1) Cause of action.--Any individual, or a spouse, parent, 
        or child of that individual (if the individual is deceased), 
        who is the victim of a murder, rape, or any felony, as defined 
        by the State, for which an alien (as defined in section 
        101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(3))) has been convicted and sentenced to a term of 
        imprisonment of at least 1 year, may bring an action against a 
        State or political subdivision of a State or public official 
        acting in an official capacity in the appropriate Federal court 
        if the State or political subdivision, except as provided in 
        paragraph (3)--
                    (A) released the alien from custody prior to the 
                commission of such crime as a consequence of the State 
                or political subdivision's declining to honor a 
                detainer issued pursuant to section 287(d)(1) of the 
                Immigration and Nationality Act (8 U.S.C. 1357(d)(1));
                    (B) has in effect a statute, policy, or practice 
                not in compliance with section 642 of the Illegal 
                Immigration Reform and Immigrant Responsibility Act of 
                1996 (8 U.S.C. 1373) as amended, and as a consequence 
                of its statute, policy, or practice, released the alien 
                from custody prior to the commission of such crime; or
                    (C) has in effect a statute, policy, or practice 
                requiring a subordinate political subdivision to 
                decline to honor any or all detainers issued pursuant 
                to section 287(d)(1) of the Immigration and Nationality 
                Act (8 U.S.C. 1357(d)(1)), and, as a consequence of its 
                statute, policy or practice, the subordinate political 
                subdivision declined to honor a detainer issued 
                pursuant to such section, and as a consequence released 
                the alien from custody prior to the commission of such 
                crime.
            (2) Limitations on bringing action.--An action may not be 
        brought under this subsection later than 10 years following the 
        occurrence of the crime, or death of a person as a result of 
        such crime, whichever occurs later.
            (3) Proper defendant.--If a political subdivision of a 
        State declines to honor a detainer issued pursuant to section 
        287(d)(1) of the Immigration and Nationality Act (8 U.S.C. 
        1357(d)) as a consequence of the State or another political 
        subdivision with jurisdiction over the subdivision prohibiting 
        the subdivision through a statute or other legal requirement of 
        the State or other political subdivision--
                    (A) from honoring the detainer; or
                    (B) fully complying with section 642 of the Illegal 
                Immigration Reform and Immigrant Responsibility Act of 
                1996 (8 U.S.C. 1373),
        and, as a consequence of the statute or other legal requirement 
        of the State or other political subdivision, the subdivision 
        released the alien referred to in paragraph (1) from custody 
        prior to the commission of the crime referred to in that 
        paragraph, the State or other political subdivision that 
        enacted the statute or other legal requirement, shall be deemed 
        to be the proper defendant in a cause of action under this 
        subsection, and no such cause of action may be maintained 
        against the political subdivision which declined to honor the 
        detainer.
            (4) Attorney's fee and other costs.--In any action or 
        proceeding under this subsection the court shall allow a 
        prevailing plaintiff a reasonable attorneys fee as part of the 
        costs, and include expert fees as part of the attorneys fee.

SEC. 1111. CLARIFICATION OF CONGRESSIONAL INTENT.

    Section 287(g) of the Immigration and Nationality Act (8 U.S.C. 
1357(g)) is amended--
            (1) in paragraph (1) by striking ``may enter'' and all that 
        follows through the period at the end and inserting the 
        following: ``shall enter into a written agreement with a State, 
        or any political subdivision of a State, upon request of the 
        State or political subdivision, pursuant to which officers or 
        employees of the State or subdivision, who are determined by 
        the Secretary to be qualified to perform a function of an 
        immigration officer in relation to the investigation, 
        apprehension, or detention of aliens in the United States 
        (including the transportation of such aliens across State lines 
        to detention centers), may carry out such function at the 
        expense of the State or political subdivision and to the extent 
        consistent with State and local law. No request from a bona 
        fide State or political subdivision or bona fide law 
        enforcement agency shall be denied absent a compelling reason. 
        No limit on the number of agreements under this subsection may 
        be imposed. The Secretary shall process requests for such 
        agreements with all due haste, and in no case shall take not 
        more than 90 days from the date the request is made until the 
        agreement is consummated.'';
            (2) by redesignating paragraph (2) as paragraph (5) and 
        paragraphs (3) through (10) as paragraphs (7) through (14), 
        respectively;
            (3) by inserting after paragraph (1) the following:
    ``(2) An agreement under this subsection shall accommodate a 
requesting State or political subdivision with respect to the 
enforcement model or combination of models, and shall accommodate a 
patrol model, task force model, jail model, any combination thereof, or 
any other reasonable model the State or political subdivision believes 
is best suited to the immigration enforcement needs of its 
jurisdiction.
    ``(3) No Federal program or technology directed broadly at 
identifying inadmissible or deportable aliens shall substitute for such 
agreements, including those establishing a jail model, and shall 
operate in addition to any agreement under this subsection.
    ``(4)(A) No agreement under this subsection shall be terminated 
absent a compelling reason.
    ``(B)(i) The Secretary shall provide a State or political 
subdivision written notice of intent to terminate at least 180 days 
prior to date of intended termination, and the notice shall fully 
explain the grounds for termination, along with providing evidence 
substantiating the Secretary's allegations.
    ``(ii) The State or political subdivision shall have the right to a 
hearing before an administrative law judge and, if the ruling is 
against the State or political subdivision, to appeal the ruling to the 
Federal Circuit Court of Appeals and, if the ruling is against the 
State or political subdivision, to petition the Supreme Court for 
certeriori.
    ``(C) The agreement shall remain in full effect during the course 
of any and all legal proceedings.''; and
            (4) by inserting after paragraph (5) (as redesignated) the 
        following:
    ``(6) The Secretary of Homeland Security shall make training of 
State and local law enforcement officers available through as many 
means as possible, including through residential training at the Center 
for Domestic Preparedness and the Federal Law Enforcement Training 
Center, onsite training held at State or local police agencies or 
facilities, online training courses by computer, teleconferencing, and 
videotape, or the digital video display (DVD) of a training course or 
courses. Distance learning through a secure, encrypted, distributed 
learning system that has all its servers based in the United States, is 
scalable, survivable, and can have a portal in place not later than 30 
days after the date of the enactment of the Securing America's Future 
Act of 2018, shall be made available by the COPS Office of the 
Department of Justice and the Federal Law Enforcement Training Center 
Distributed Learning Program for State and local law enforcement 
personnel. Preference shall be given to private sector-based, web-based 
immigration enforcement training programs for which the Federal 
Government has already provided support to develop.''.

                        TITLE II--ASYLUM REFORM

SEC. 2101. CREDIBLE FEAR INTERVIEWS.

    Section 235(b)(1)(B)(v) of the Immigration and Nationality Act (8 
U.S.C. 1225(b)(1)(B)(v)) is amended by striking ``claim'' and all that 
follows, and inserting ``claim, as determined pursuant to section 
208(b)(1)(B)(iii), and such other facts as are known to the officer, 
that the alien could establish eligibility for asylum under section 
208, and it is more probable than not that the statements made by, and 
on behalf of, the alien in support of the alien's claim are true.''.

SEC. 2102. JURISDICTION OF ASYLUM APPLICATIONS.

    Section 208(b)(3) of the Immigration and Nationality Act (8 U.S.C. 
1158) is amended by striking subparagraph (C).

SEC. 2103. RECORDING EXPEDITED REMOVAL AND CREDIBLE FEAR INTERVIEWS.

    (a) In General.--The Secretary of Homeland Security shall establish 
quality assurance procedures and take steps to effectively ensure that 
questions by employees of the Department of Homeland Security 
exercising expedited removal authority under section 235(b) of the 
Immigration and Nationality Act (8 U.S.C. 1225(b)) are asked in a 
uniform manner, to the extent possible, and that both these questions 
and the answers provided in response to them are recorded in a uniform 
fashion.
    (b) Factors Relating to Sworn Statements.--Where practicable, any 
sworn or signed written statement taken of an alien as part of the 
record of a proceeding under section 235(b)(1)(A) of the Immigration 
and Nationality Act (8 U.S.C. 1225(b)(1)(A)) shall be accompanied by a 
recording of the interview which served as the basis for that sworn 
statement.
    (c) Interpreters.--The Secretary shall ensure that a competent 
interpreter, not affiliated with the government of the country from 
which the alien may claim asylum, is used when the interviewing officer 
does not speak a language understood by the alien.
    (d) Recordings in Immigration Proceedings.--There shall be an audio 
or audio visual recording of interviews of aliens subject to expedited 
removal. The recording shall be included in the record of proceeding 
and shall be considered as evidence in any further proceedings 
involving the alien.
    (e) No Private Right of Action.--Nothing in this section shall be 
construed to create any right, benefit, trust, or responsibility, 
whether substantive or procedural, enforceable in law or equity by a 
party against the United States, its departments, agencies, 
instrumentalities, entities, officers, employees, or agents, or any 
person, nor does this section create any right of review in any 
administrative, judicial, or other proceeding.

SEC. 2104. SAFE THIRD COUNTRY.

    Section 208(a)(2)(A) of the Immigration and Nationality Act (8 
U.S.C. 1158(a)(2)(A)) is amended--
            (1) by striking ``Attorney General'' each place it appears 
        and inserting ``Secretary of Homeland Security''; and
            (2) by striking ``removed, pursuant to a bilateral or 
        multilateral agreement, to'' and inserting ``removed to''.

SEC. 2105. RENUNCIATION OF ASYLUM STATUS PURSUANT TO RETURN TO HOME 
              COUNTRY.

    (a) In General.--Section 208(c) of the Immigration and Nationality 
Act (8 U.S.C. 1158(c)) is amended by adding at the end the following 
new paragraph:
            ``(4) Renunciation of status pursuant to return to home 
        country.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), any alien who is granted asylum 
                status under this Act, who, absent changed country 
                conditions, subsequently returns to the country of such 
                alien's nationality or, in the case of an alien having 
                no nationality, returns to any country in which such 
                alien last habitually resided, and who applied for such 
                status because of persecution or a well-founded fear of 
                persecution in that country on account of race, 
                religion, nationality, membership in a particular 
                social group, or political opinion, shall have his or 
                her status terminated.
                    ``(B) Waiver.--The Secretary has discretion to 
                waive subparagraph (A) if it is established to the 
                satisfaction of the Secretary that the alien had a 
                compelling reason for the return. The waiver may be 
                sought prior to departure from the United States or 
                upon return.''.
    (b) Conforming Amendment.--Section 208(c)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1158(c)(3)) is amended by inserting after 
``paragraph (2)'' the following: ``or (4)''.

SEC. 2106. NOTICE CONCERNING FRIVOLOUS ASYLUM APPLICATIONS.

    (a) In General.--Section 208(d)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1158(d)(4)) is amended--
            (1) in the matter preceding subparagraph (A), by inserting 
        ``the Secretary of Homeland Security or'' before ``the Attorney 
        General'';
            (2) in subparagraph (A), by striking ``and of the 
        consequences, under paragraph (6), of knowingly filing a 
        frivolous application for asylum; and'' and inserting a 
        semicolon;
            (3) in subparagraph (B), by striking the period and 
        inserting ``; and''; and
            (4) by adding at the end the following:
                    ``(C) ensure that a written warning appears on the 
                asylum application advising the alien of the 
                consequences of filing a frivolous application and 
                serving as notice to the alien of the consequence of 
                filing a frivolous application.''.
    (b) Conforming Amendment.--Section 208(d)(6) of the Immigration and 
Nationality Act (8 U.S.C. 1158(d)(6)) is amended by striking ``If the'' 
and all that follows and inserting:
                    ``(A) If the Secretary of Homeland Security or the 
                Attorney General determines that an alien has knowingly 
                made a frivolous application for asylum and the alien 
                has received the notice under paragraph (4)(C), the 
                alien shall be permanently ineligible for any benefits 
                under this chapter, effective as the date of the final 
                determination of such an application.
                    ``(B) An application is frivolous if the Secretary 
                of Homeland Security or the Attorney General 
                determines, consistent with subparagraph (C), that--
                            ``(i) it is so insufficient in substance 
                        that it is clear that the applicant knowingly 
                        filed the application solely or in part to 
                        delay removal from the United States, to seek 
                        employment authorization as an applicant for 
                        asylum pursuant to regulations issued pursuant 
                        to paragraph (2), or to seek issuance of a 
                        Notice to Appeal in order to pursue 
                        Cancellation of Removal under section 240A(b); 
                        or
                            ``(ii) any of the material elements are 
                        knowingly fabricated.
                    ``(C) In determining that an application is 
                frivolous, the Secretary or the Attorney General, must 
                be satisfied that the applicant, during the course of 
                the proceedings, has had sufficient opportunity to 
                clarify any discrepancies or implausible aspects of the 
                claim.
                    ``(D) For purposes of this section, a finding that 
                an alien filed a frivolous asylum application shall not 
                preclude the alien from seeking withholding of removal 
                under section 241(b)(3) or protection pursuant to the 
                Convention Against Torture.''.

SEC. 2107. ANTI-FRAUD INVESTIGATIVE WORK PRODUCT.

    (a) Asylum Credibility Determinations.--Section 208(b)(1)(B)(iii) 
of the Immigration and Nationality Act (8 U.S.C. 1158(b)(1)(B)(iii)) is 
amended by inserting after ``all relevant factors'' the following: ``, 
including statements made to, and investigative reports prepared by, 
immigration authorities and other government officials''.
    (b) Relief for Removal Credibility Determinations.--Section 
240(c)(4)(C) of the Immigration and Nationality Act (8 U.S.C. 
1229a(c)(4)(C)) is amended by inserting after ``all relevant factors'' 
the following: ``, including statements made to, and investigative 
reports prepared by, immigration authorities and other government 
officials''.

SEC. 2108. PENALTIES FOR ASYLUM FRAUD.

    Section 1001 of title 18 is amended by inserting at the end of the 
paragraph--
    ``(d) Whoever, in any matter before the Secretary of Homeland 
Security or the Attorney General pertaining to asylum under section 208 
of the Immigration and Nationality Act or withholding of removal under 
section 241(b)(3) of such Act, knowingly and willfully--
            ``(1) makes any materially false, fictitious, or fraudulent 
        statement or representation; or
            ``(2) makes or uses any false writings or document knowing 
        the same to contain any materially false, fictitious, or 
        fraudulent statement or entry,
shall be fined under this title or imprisoned not more than 10 years, 
or both.''.

SEC. 2109. STATUTE OF LIMITATIONS FOR ASYLUM FRAUD.

    Section 3291 of title 18 is amended--
            (1) by striking ``1544,'' and inserting ``1544, and section 
        1546,''; and
            (2) by striking ``offense.'' and inserting ``offense or 
        within 10 years after the fraud is discovered.''.

SEC. 2110. TECHNICAL AMENDMENTS.

    Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) 
is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)(D), by inserting ``Secretary 
                of Homeland Security or the'' before ``Attorney 
                General''; and
                    (B) in paragraph (3), by inserting ``Secretary of 
                Homeland Security or the'' before ``Attorney General'';
            (2) in subsection (b)(2), by inserting ``Secretary of 
        Homeland Security or the'' before ``Attorney General'' each 
        place such term appears;
            (3) in subsection (c)--
                    (A) in paragraph (1), by striking ``Attorney 
                General'' each place such term appears and inserting 
                ``Secretary of Homeland Security'';
                    (B) in paragraph (2), in the matter preceding 
                subparagraph (A), by by inserting ``Secretary of 
                Homeland Security or the'' before ``Attorney General''; 
                and
                    (C) in paragraph (3), by inserting ``Secretary of 
                Homeland Security or the'' before ``Attorney General''; 
                and
            (4) in subsection (d)--
                    (A) in paragraph (1), by inserting ``Secretary of 
                Homeland Security or the'' before ``Attorney General'' 
                each place such term appears;
                    (B) in paragraph (2), by striking ``Attorney 
                General'' and inserting ``Secretary of Homeland 
                Security''; and
                    (C) in paragraph (5)--
                            (i) in subparagraph (A), by striking 
                        ``Attorney General'' and inserting ``Secretary 
                        of Homeland Security''; and
                            (ii) in subparagraph (B), by inserting 
                        ``Secretary of Homeland Security or the'' 
                        before ``Attorney General''.
                                 <all>