[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1148 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 1148
To amend the Immigration and Nationality Act to improve immigration law
enforcement within the interior of the United States, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 27, 2015
Mr. Gowdy (for himself, Mr. Goodlatte, Mr. Smith of Texas, Mr. Collins
of Georgia, Mr. Poe of Texas, Mr. Forbes, Mr. Carter of Texas, and Mr.
Chabot) introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on
Homeland Security, 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 amend the Immigration and Nationality Act to improve immigration law
enforcement within the interior of the United States, 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.
This Act may be cited as the ``Michael Davis, Jr. in Honor of State
and Local Law Enforcement Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--IMMIGRATION LAW ENFORCEMENT BY STATES AND LOCALITIES
Sec. 101. Definitions and severability.
Sec. 102. Immigration law enforcement by States and localities.
Sec. 103. Listing of immigration violators in the national crime
information center database.
Sec. 104. Technology access.
Sec. 105. State and local law enforcement provision of information
about apprehended aliens.
Sec. 106. Financial assistance to State and local police agencies that
assist in the enforcement of immigration
laws.
Sec. 107. Increased Federal detention space.
Sec. 108. Federal custody of inadmissible and deportable aliens in the
United States apprehended by State or local
law enforcement.
Sec. 109. Training of State and local law enforcement personnel
relating to the enforcement of immigration
laws.
Sec. 110. Immunity.
Sec. 111. Criminal alien identification program.
Sec. 112. Clarification of congressional intent.
Sec. 113. State criminal alien assistance program (SCAAP).
Sec. 114. State violations of enforcement of immigration laws.
Sec. 115. Clarifying the authority of ICE detainers.
TITLE II--NATIONAL SECURITY
Sec. 201. Removal of, and denial of benefits to, terrorist aliens.
Sec. 202. Terrorist bar to good moral character.
Sec. 203. Terrorist bar to naturalization.
Sec. 204. Denaturalization for terrorists.
Sec. 205. Use of 1986 IRCA legalization information for national
security purposes.
Sec. 206. Background and security checks.
Sec. 207. Technical amendments relating to the Intelligence Reform and
Terrorism Prevention Act of 2004.
TITLE III--REMOVAL OF CRIMINAL ALIENS
Sec. 301. Definition of aggravated felony.
Sec. 302. Precluding admissibility of aliens convicted of aggravated
felonies or other serious offenses.
Sec. 303. Espionage clarification.
Sec. 304. Prohibition of the sale of firearms to, or the possession of
firearms by, certain aliens.
Sec. 305. Uniform statute of limitations for certain immigration,
naturalization, and peonage offenses.
Sec. 306. Conforming amendment to the definition of racketeering
activity.
Sec. 307. Conforming amendments for the aggravated felony definition.
Sec. 308. Precluding refugee or asylee adjustment of status for
aggravated felons.
Sec. 309. Precluding withholding of removal for aggravated felons.
Sec. 310. Inadmissibility, deportability, and detention of drunk
drivers.
Sec. 311. Detention of dangerous aliens.
Sec. 312. Grounds of inadmissibility and deportability for alien gang
members.
Sec. 313. Extension of identity theft offenses.
Sec. 314. Laundering of monetary instruments.
Sec. 315. Penalties for illegal entry or presence.
Sec. 316. Illegal reentry.
Sec. 317. Reform of passport, visa, and immigration fraud offenses.
Sec. 318. Forfeiture.
Sec. 319. Expedited removal for aliens inadmissible on criminal or
security grounds.
Sec. 320. Increased penalties barring the admission of convicted sex
offenders failing to register and requiring
deportation of sex offenders failing to
register.
Sec. 321. Protecting immigrants from convicted sex offenders.
Sec. 322. Clarification to crimes of violence and crimes involving
moral turpitude.
Sec. 323. Penalties for failure to obey removal orders.
Sec. 324. Pardons.
Sec. 325. Convictions.
TITLE IV--VISA SECURITY
Sec. 401. Cancellation of additional visas.
Sec. 402. Visa information sharing.
Sec. 403. Restricting waiver of visa interviews.
Sec. 404. Authorizing the Department of State to not interview certain
ineligible visa applicants.
Sec. 405. Visa refusal and revocation.
Sec. 406. Funding for the visa security program.
Sec. 407. Expeditious expansion of visa security program to high-risk
posts.
Sec. 408. Expedited clearance and placement of Department of Homeland
Security personnel at overseas embassies
and consular posts.
Sec. 409. Accreditation requirements.
Sec. 410. Visa fraud.
Sec. 411. Background checks.
Sec. 412. Number of designated school officials.
Sec. 413. Reporting requirement.
Sec. 414. Flight schools not certified by FAA.
Sec. 415. Revocation of accreditation.
Sec. 416. Report on risk assessment.
Sec. 417. Implementation of GAO recommendations.
Sec. 418. Implementation of SEVIS II.
Sec. 419. Definitions.
TITLE V--AID TO U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT OFFICERS
Sec. 501. ICE immigration enforcement agents.
Sec. 502. ICE detention enforcement officers.
Sec. 503. Ensuring the safety of ICE officers and agents.
Sec. 504. ICE Advisory Council.
Sec. 505. Pilot program for electronic field processing.
Sec. 506. Additional ICE deportation officers and support staff.
Sec. 507. Additional ICE prosecutors.
TITLE VI--MISCELLANEOUS ENFORCEMENT PROVISIONS
Sec. 601. Timely repatriation.
Sec. 602. Encouraging aliens to depart voluntarily.
Sec. 603. Deterring aliens ordered removed from remaining in the United
States unlawfully.
Sec. 604. Reinstatement of removal orders.
Sec. 605. Clarification with respect to definition of admission.
Sec. 606. Reports to Congress on the exercise and abuse of
prosecutorial discretion.
Sec. 607. Certain activities restricted.
Sec. 608. GAO study on deaths in custody.
Sec. 609. Removal proceedings.
TITLE I--IMMIGRATION LAW ENFORCEMENT BY STATES AND LOCALITIES
SEC. 101. DEFINITIONS AND SEVERABILITY.
(a) State Defined.--For the purposes of this title, the term
``State'' has the meaning given to such term in section 101(a)(36) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(36)).
(b) Secretary Defined.--For the purpose of this title, the term
``Secretary'' means the Secretary of Homeland Security.
(c) Severability.--If any provision of this title, or the
application of such provision to any person or circumstance, is held
invalid, the remainder of this title, and the application of such
provision to other persons not similarly situated or to other
circumstances, shall not be affected by such invalidation.
SEC. 102. IMMIGRATION LAW ENFORCEMENT BY STATES AND LOCALITIES.
(a) In General.--Subject to section 274A(h)(2) of the Immigration
and Nationality Act (8 U.S.C. 1324a(h)(2)), States, or political
subdivisions of States, may enact, implement and enforce criminal
penalties that penalize the same conduct that is prohibited in the
criminal provisions of immigration laws (as defined in section
101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17))), as long as the criminal penalties do not exceed the
relevant Federal criminal penalties (without regard to ancillary issues
such as the availability of probation or pardon). States, or political
subdivisions of States, may enact, implement and enforce civil
penalties that penalize the same conduct that is prohibited in the
civil provisions of immigration laws (as defined in such section
101(a)(17)), as long as the civil penalties do not exceed the relevant
Federal civil penalties.
(b) Law Enforcement Personnel.--Subject to section 274A(h)(2) of
the Immigration and Nationality Act (8 U.S.C. 1324a(h)(2)), law
enforcement personnel of a State, or of a political subdivision of a
State, may investigate, identify, apprehend, arrest, detain, or
transfer to Federal custody aliens for the purposes of enforcing the
immigration laws of the United States to the same extent as Federal law
enforcement personnel. Law enforcement personnel of a State, or of a
political subdivision of a State, may also investigate, identify,
apprehend, arrest, or detain aliens for the purposes of enforcing the
immigration laws of a State or of a political subdivision of State, as
long as those immigration laws are permissible under this section. Law
enforcement personnel of a State, or of a political subdivision of a
State, may not admit aliens to or remove them from the United States.
SEC. 103. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME
INFORMATION CENTER DATABASE.
(a) Provision of Information to the NCIC.--Not later than 180 days
after the date of the enactment of this Act and periodically thereafter
as updates may require, the Secretary shall provide the National Crime
Information Center of the Department of Justice with all information
that the Secretary may possess regarding any alien against whom a final
order of removal has been issued, any alien who has entered into a
voluntary departure agreement, any alien who has overstayed their
authorized period of stay, and any alien whose visa has been revoked.
The National Crime Information Center shall enter such information into
the Immigration Violators File of the National Crime Information Center
database, regardless of whether--
(1) the alien received notice of a final order of removal;
(2) the alien has already been removed; or
(3) sufficient identifying information is available with
respect to the alien.
(b) Inclusion of Information in the NCIC Database.--
(1) In general.--Section 534(a) of title 28, United States
Code, is amended--
(A) in paragraph (3), by striking ``and'' at the
end;
(B) by redesignating paragraph (4) as paragraph
(5); and
(C) by inserting after paragraph (3) the following:
``(4) acquire, collect, classify, and preserve records of
violations by aliens of the immigration laws of the United
States, regardless of whether any such alien has received
notice of the violation or whether sufficient identifying
information is available with respect to any such alien or
whether any such alien has already been removed from the United
States; and''.
(2) Effective date.--The Attorney General and the Secretary
shall ensure that the amendment made by paragraph (1) is
implemented by not later than 6 months after the date of the
enactment of this Act.
SEC. 104. TECHNOLOGY ACCESS.
States shall have access to Federal programs or technology directed
broadly at identifying inadmissible or deportable aliens.
SEC. 105. STATE AND LOCAL LAW ENFORCEMENT PROVISION OF INFORMATION
ABOUT APPREHENDED ALIENS.
(a) Provision of Information.--In compliance with section 642(a) of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1373) and section 434 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1644), each State, and
each political subdivision of a State, shall provide the Secretary of
Homeland Security in a timely manner with the information specified in
subsection (b) with respect to each alien apprehended in the
jurisdiction of the State, or in the political subdivision of the
State, who is believed to be inadmissible or deportable.
(b) Information Required.--The information referred to in
subsection (a) is as follows:
(1) The alien's name.
(2) The alien's address or place of residence.
(3) A physical description of the alien.
(4) The date, time, and location of the encounter with the
alien and reason for stopping, detaining, apprehending, or
arresting the alien.
(5) If applicable, the alien's driver's license number and
the State of issuance of such license.
(6) If applicable, the type of any other identification
document issued to the alien, any designation number contained
on the identification document, and the issuing entity for the
identification document.
(7) If applicable, the license plate number, make, and
model of any automobile registered to, or driven by, the alien.
(8) A photo of the alien, if available or readily
obtainable.
(9) The alien's fingerprints, if available or readily
obtainable.
(c) Annual Report on Reporting.--The Secretary shall maintain and
annually submit to the Congress a detailed report listing the States,
or the political subdivisions of States, that have provided information
under subsection (a) in the preceding year.
(d) Reimbursement.--The Secretary shall reimburse States, and
political subdivisions of a State, for all reasonable costs, as
determined by the Secretary, incurred by the State, or the political
subdivision of a State, as a result of providing information under
subsection (a).
(e) Construction.--Nothing in this section shall require law
enforcement officials of a State, or of a political subdivision of a
State, to provide the Secretary with information related to a victim of
a crime or witness to a criminal offense.
(f) Effective Date.--This section shall take effect on the date
that is 120 days after the date of the enactment of this Act and shall
apply with respect to aliens apprehended on or after such date.
SEC. 106. FINANCIAL ASSISTANCE TO STATE AND LOCAL POLICE AGENCIES THAT
ASSIST IN THE ENFORCEMENT OF IMMIGRATION LAWS.
(a) Grants for Special Equipment for Housing and Processing Certain
Aliens.--From amounts made available to make grants under this section,
the Secretary shall make grants to States, and to political
subdivisions of States, for procurement of equipment, technology,
facilities, and other products that facilitate and are directly related
to investigating, apprehending, arresting, detaining, or transporting
aliens who are inadmissible or deportable, including additional
administrative costs incurred under this title.
(b) Eligibility.--To be eligible to receive a grant under this
section, a State, or a political subdivision of a State, must have the
authority to, and shall have a written policy and a practice to, assist
in the enforcement of the immigration laws of the United States in the
course of carrying out the routine law enforcement duties of such State
or political subdivision of a State. Entities covered under this
section may not have any policy or practice that prevents local law
enforcement from inquiring about a suspect's immigration status.
(c) GAO Audit.--Not later than 3 years after the date of the
enactment of this Act, the Comptroller General of the United States
shall conduct an audit of funds distributed to States, and to political
subdivisions of a State, under subsection (a).
SEC. 107. INCREASED FEDERAL DETENTION SPACE.
(a) Construction or Acquisition of Detention Facilities.--
(1) In general.--The Secretary shall construct or acquire,
in addition to existing facilities for the detention of aliens,
detention facilities in the United States, for aliens detained
pending removal from the United States or a decision regarding
such removal. Each facility shall have a number of beds
necessary to effectuate the purposes of this title.
(2) Determinations.--The location of any detention facility
built or acquired in accordance with this subsection shall be
determined by the Secretary.
(b) Technical and Conforming Amendment.--Section 241(g)(1) of the
Immigration and Nationality Act (8 U.S.C. 1231(g)(1)) is amended by
striking ``may expend'' and inserting ``shall expend''.
SEC. 108. FEDERAL CUSTODY OF INADMISSIBLE AND DEPORTABLE ALIENS IN THE
UNITED STATES APPREHENDED BY STATE OR LOCAL LAW
ENFORCEMENT.
(a) State Apprehension.--
(1) In general.--Title II of the Immigration and
Nationality Act (8 U.S.C. 1151 et seq.) is amended by inserting
after section 240C the following:
``custody of inadmissible and deportable aliens present in the united
states
``Sec. 240D. (a) Transfer of Custody by State and Local
Officials.--If a State, or a political subdivision of the State,
exercising authority with respect to the apprehension or arrest of an
inadmissible or deportable alien submits to the Secretary of Homeland
Security a request that the alien be taken into Federal custody,
notwithstanding any other provision of law, regulation, or policy the
Secretary--
``(1) shall take the alien into custody not later than 48
hours (excluding Saturdays, Sundays, and holidays) after the
detainer has been issued following the conclusion of the State
or local charging process or dismissal process, or if no State
or local charging or dismissal process is required, the
Secretary should issue a detainer and take the alien into
custody not later than 48 hours (excluding Saturdays, Sundays,
and holidays) after the alien is apprehended, in order to
determine whether the alien should be detained, placed in
removal proceedings, released, or removed; and
``(2) shall request that the relevant State or local law
enforcement agency temporarily hold the alien in their custody
or transport the alien for transfer to Federal custody.
``(b) Policy on Detention in Federal, Contract, State, or Local
Detention Facilities.--In carrying out section 241(g)(1), the Attorney
General or Secretary of Homeland Security shall ensure that an alien
arrested under this title shall be held in custody, pending the alien's
examination under this section, in a Federal, contract, State, or local
prison, jail, detention center, or other comparable facility.
Notwithstanding any other provision of law, regulation or policy, such
facility is adequate for detention, if--
``(1) such a facility is the most suitably located Federal,
contract, State, or local facility available for such purpose
under the circumstances;
``(2) an appropriate arrangement for such use of the
facility can be made; and
``(3) the facility satisfies the standards for the housing,
care, and security of persons held in custody by a United
States Marshal.
``(c) Reimbursement.--The Secretary of Homeland Security shall
reimburse a State, and a political subdivision of a State, for all
reasonable expenses, as determined by the Secretary, incurred by the
State, or political subdivision, as a result of the incarceration and
transportation of an alien who is inadmissible or deportable as
described in subsections (a) and (b). Compensation provided for costs
incurred under such subsections shall be the average cost of
incarceration of a prisoner in the relevant State, as determined by the
chief executive officer of a State, or of a political subdivision of a
State, plus the cost of transporting the alien from the point of
apprehension to the place of detention, and to the custody transfer
point if the place of detention and place of custody are different.
``(d) Secure Facilities.--The Secretary of Homeland Security shall
ensure that aliens incarcerated pursuant to this title are held in
facilities that provide an appropriate level of security.
``(e) Transfer.--
``(1) In general.--In carrying out this section, the
Secretary of Homeland Security shall establish a regular
circuit and schedule for the prompt transfer of apprehended
aliens from the custody of States, and political subdivisions
of a State, to Federal custody.
``(2) Contracts.--The Secretary may enter into contracts,
including appropriate private contracts, to implement this
subsection.''.
(2) Clerical amendment.--The table of contents of such Act
is amended by inserting after the item relating to section 240C
the following new item:
``Sec. 240D. Custody of inadmissible and deportable aliens present in
the United States.''.
(b) GAO Audit.--Not later than 3 years after the date of the
enactment of this Act, the Comptroller General of the United States
shall conduct an audit of compensation to States, and to political
subdivisions of a State, for the incarceration of inadmissible or
deportable aliens under section 240D(a) of the Immigration and
Nationality Act (as added by subsection (a)(1)).
(c) Effective Date.--Section 240D of the Immigration and
Nationality Act, as added by subsection (a), shall take effect on the
date of the enactment of this Act, except that subsection (e) of such
section shall take effect on the date that is 120 day after the date of
the enactment of this Act.
SEC. 109. TRAINING OF STATE AND LOCAL LAW ENFORCEMENT PERSONNEL
RELATING TO THE ENFORCEMENT OF IMMIGRATION LAWS.
(a) Establishment of Training Manual and Pocket Guide.--Not later
than 180 days after the date of the enactment of this Act, the
Secretary shall establish--
(1) a training manual for law enforcement personnel of a
State, or of a political subdivision of a State, to train such
personnel in the investigation, identification, apprehension,
arrest, detention, and transfer to Federal custody of
inadmissible and deportable aliens in the United States
(including the transportation of such aliens across State lines
to detention centers and the identification of fraudulent
documents); and
(2) an immigration enforcement pocket guide for law
enforcement personnel of a State, or of a political subdivision
of a State, to provide a quick reference for such personnel in
the course of duty.
(b) Availability.--The training manual and pocket guide established
in accordance with subsection (a) shall be made available to all State
and local law enforcement personnel.
(c) Applicability.--Nothing in this section shall be construed to
require State or local law enforcement personnel to carry the training
manual or pocket guide with them while on duty.
(d) Costs.--The Secretary shall be responsible for any costs
incurred in establishing the training manual and pocket guide.
(e) Training Flexibility.--
(1) In general.--The Secretary 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, 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. E-
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 this Act, shall
be made available by the Federal Law Enforcement Training
Center Distributed Learning Program for State and local law
enforcement personnel.
(2) Federal personnel training.--The training of State and
local law enforcement personnel under this section shall not
displace the training of Federal personnel.
(3) Clarification.--Nothing in this title or any other
provision of law shall be construed as making any immigration-
related training a requirement for, or prerequisite to, any
State or local law enforcement officer to assist in the
enforcement of Federal immigration laws.
(4) Priority.--In carrying out this subsection, priority
funding shall be given for existing web-based immigration
enforcement training systems.
SEC. 110. IMMUNITY.
Notwithstanding any other provision of law, a law enforcement
officer of a State or local law enforcement agency who is acting within
the scope of the officer's official duties shall be immune, to the same
extent as a Federal law enforcement officer, from personal liability
arising out of the performance of any duty described in this title,
including the authorities to investigate, identify, apprehend, arrest,
detain, or transfer to Federal custody, an alien for the purposes of
enforcing the immigration laws of the United States (as defined in
section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17))) or the immigration laws of a State or a political
subdivision of a State.
SEC. 111. CRIMINAL ALIEN IDENTIFICATION PROGRAM.
(a) Continuation and Expansion.--
(1) In general.--The Secretary shall continue to operate
and implement a program that--
(A) identifies removable criminal aliens in Federal
and State correctional facilities;
(B) ensures such aliens are not released into the
community; and
(C) removes such aliens from the United States
after the completion of their sentences.
(2) Expansion.--The program shall be extended to all
States. Any State that receives Federal funds for the
incarceration of criminal aliens (pursuant to the State
Criminal Alien Assistance Program authorized under section
241(i) of the Immigration and Nationality Act (8 U.S.C.
1231(i)) or other similar program) shall--
(A) cooperate with officials of the program;
(B) expeditiously and systematically identify
criminal aliens in its prison and jail populations; and
(C) promptly convey such information to officials
of such program as a condition of receiving such funds.
(b) Authorization for Detention After Completion of State or Local
Prison Sentence.--Law enforcement officers of a State, or of a
political subdivision of a State, are authorized to--
(1) hold a criminal alien for a period of up to 48 hours
(excluding Saturdays, Sundays, and holidays) after the alien
has completed the alien's sentence under State or local law in
order to effectuate the transfer of the alien to Federal
custody when the alien is inadmissible or deportable; or
(2) issue a detainer that would allow aliens who have
served a prison sentence under State or local law to be
detained by the State or local prison or jail until the
Secretary can take the alien into custody.
(c) Technology Usage.--Technology, such as video conferencing,
shall be used to the maximum extent practicable in order to make the
program available in remote locations. Mobile access to Federal
databases of aliens and live scan technology shall be used to the
maximum extent practicable in order to make these resources available
to State and local law enforcement agencies in remote locations.
(d) Effective Date.--This section shall take effect of the date of
the enactment of this Act, except that subsection (a)(2) shall take
effect on the date that is 180 days after such date.
SEC. 112. 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 an officer or
employee of the State or subdivision, who is 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 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 the Supreme Court.
``(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 this Act, 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.''.
SEC. 113. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP).
Section 241(i) of the Immigration and Nationality Act (8 U.S.C.
1231(i)) is amended--
(1) by striking ``Attorney General'' the first place such
term appears and inserting ``Secretary of Homeland Security'';
(2) by striking ``Attorney General'' each place such term
appears thereafter and inserting ``Secretary''; and
(3) in paragraph (3)(A), by inserting ``charged with or''
before ``convicted''.
SEC. 114. STATE VIOLATIONS OF ENFORCEMENT OF IMMIGRATION LAWS.
(a) In General.--Section 642 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is amended--
(1) by striking ``Immigration and Naturalization Service''
each place it appears and inserting ``Department of Homeland
Security'';
(2) in subsection (a), by striking ``may'' and inserting
``shall'';
(3) in subsection (b)--
(A) by striking ``no person or agency may'' and
inserting ``a person or agency shall not'';
(B) by striking ``doing any of the following with
respect to information'' and inserting ``undertaking
any of the following law enforcement activities''; and
(C) by striking paragraphs (1) through (3) and
inserting the following:
``(1) Notifying the Federal Government regarding the
presence of inadmissible and deportable aliens who are
encountered by law enforcement personnel of a State or
political subdivision of a State.
``(2) Complying with requests for information from Federal
law enforcement.
``(3) Issuing policies in the form of a resolutions,
ordinances, administrative actions, general or special orders,
or departmental policies that violate Federal law or restrict a
State or political subdivision of a State from complying with
Federal law or coordinating with Federal law enforcement.'';
and
(4) by adding at the end the following:
``(d) Compliance.--
``(1) In general.--A State, or a political subdivision of a
State, that has in effect a statute, policy, or practice that
prohibits law enforcement officers of the State, or of a
political subdivision of the State, from assisting or
cooperating with Federal immigration law enforcement in the
course of carrying out the officers' routine law enforcement
duties shall not be eligible to receive--
``(A) any of the funds that would otherwise be
allocated to the State or political subdivision under
section 241(i) of the Immigration and Nationality Act
(8 U.S.C. 1231(i)) or the `Cops on the Beat' program
under part Q of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796dd et
seq.); or
``(B) any other law enforcement or Department of
Homeland Security grant.
``(2) Annual determination.--The Secretary shall determine
annually which State or political subdivision of a State are
not in compliance with this section and shall report such
determinations to Congress on March 1 of each year.
``(3) Reports.--The Attorney General shall issue a report
concerning the compliance of any particular State or political
subdivision at the request of the House or Senate Judiciary
Committee. Any jurisdiction that is found to be out of
compliance shall be ineligible to receive Federal financial
assistance as provided in paragraph (1) for a minimum period of
1 year, and shall only become eligible again after the Attorney
General certifies that the jurisdiction is in compliance.
``(4) Reallocation.--Any funds that are not allocated to a
State or to a political subdivision of a State, due to the
failure of the State, or of the political subdivision of the
State, to comply with subsection (c) shall be reallocated to
States, or to political subdivisions of States, that comply
with such subsection.
``(e) Construction.--Nothing in this section shall require law
enforcement officials from States, or from political subdivisions of
States, to report or arrest victims or witnesses of a criminal
offense.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act, except that subsection
(d) of section 642 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1373), as added by this section,
shall take effect beginning one year after the date of the enactment of
this Act.
SEC. 115. CLARIFYING THE AUTHORITY OF ICE DETAINERS.
(a) In General.--Except as otherwise provided by Federal law or
rule of procedure, the Secretary of Homeland Security shall execute all
lawful writs, process, and orders issued under the authority of the
United States, and shall command all necessary assistance to execute
the Secretary's duties.
(b) State and Local Cooperation With DHS Detainers.--A State, or a
political subdivision of a State, that has in effect a statute or
policy or practice providing that it not comply with any Department of
Homeland Security detainer ordering that it temporarily hold an alien
in their custody so that the alien may be taken into Federal custody,
or transport the alien for transfer to Federal custody, shall not be
eligible to receive--
(1) any of the funds that would otherwise be allocated to
the State or political subdivision under section 241(i) of the
Immigration and Nationality Act (8 U.S.C. 1231(i)) or the
``Cops on the Beat'' program under part Q of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796dd et seq.); or
(2) any other law enforcement or Department of Homeland
Security grant.
(c) Immunity.--A State or a political subdivision of a State acting
in compliance with a Department of Homeland Security detainer who
temporarily holds aliens in its custody so that they may be taken into
Federal custody, or transports the aliens for transfer to Federal
custody, shall be considered to be acting under color of Federal
authority for purposes of determining its liability, and immunity from
suit, in civil actions brought by the aliens under Federal or State
law.
(d) Probable Cause.--It is the sense of Congress that the
Department of Homeland Security has probable cause to believe that an
alien is inadmissible or deportable when it issues a detainer regarding
such alien under the standards in place on the date of introduction of
this Act.
TITLE II--NATIONAL SECURITY
SEC. 201. REMOVAL OF, AND DENIAL OF BENEFITS TO, TERRORIST ALIENS.
(a) Asylum.--Section 208(b)(2)(A) of the Immigration and
Nationality Act (8 U.S.C. 1158(b)(2)(A)) is amended--
(1) by inserting ``or the Secretary of Homeland Security''
after ``if the Attorney General''; and
(2) by amending clause (v) to read as follows:
``(v) the alien is described in
subparagraph (B)(i) or (F) of section
212(a)(3), unless, in the case of an alien
described in subparagraph (IV), (V), or (IX) of
section 212(a)(3)(B)(i), the Secretary of
Homeland Security or the Attorney General
determines, in the discretion of the Secretary
or the Attorney General, that there are not
reasonable grounds for regarding the alien as a
danger to the security of the United States;
or''.
(b) Cancellation of Removal.--Section 240A(c)(4) of such Act (8
U.S.C. 1229b(c)(4)) is amended--
(1) by striking ``inadmissible under'' and inserting
``described in''; and
(2) by striking ``deportable under'' and inserting
``described in''.
(c) Voluntary Departure.--Section 240B(b)(1)(C) of such Act (8
U.S.C. 1229c(b)(1)(C)) is amended by striking ``deportable under
section 237(a)(2)(A)(iii) or section 237(a)(4);'' and inserting
``described in paragraph (2)(A)(iii) or (4) of section 237(a);''.
(d) Restriction on Removal.--Section 241(b)(3)(B) of such Act (8
U.S.C. 1231(b)(3)(B)) is amended--
(1) in the matter preceding clause (i), by inserting ``or
the Secretary of Homeland Security'' after ``Attorney General''
each place it appears;
(2) in clause (iii), by striking ``or'' at the end;
(3) in clause (iv), by striking the period at the end and
inserting a semicolon;
(4) by striking the flush matter that follows after clause
(iv); and
(5) by inserting after clause (iv) the following:
``(v) the alien is described in
subparagraph (B)(i) or (F) of section
212(a)(3), unless, in the case of an alien
described in subparagraph (IV), (V), or (IX) of
section 212(a)(3)(B)(i), the Secretary of
Homeland Security or the Attorney General
determines, in discretion of the Secretary or
the Attorney General, that there are not
reasonable grounds for regarding the alien as a
danger to the security of the United States;
or''.
(e) Record of Admission.--
(1) In general.--Section 249 of such Act (8 U.S.C. 1259) is
amended to read as follows:
``record of admission for permanent residence in the case of certain
aliens who entered the united states prior to january 1, 1972
``Sec. 249. The Secretary of Homeland Security, in the discretion
of the Secretary and under such regulations as the Secretary may
prescribe, may enter a record of lawful admission for permanent
residence in the case of any alien, if no such record is otherwise
available and the alien--
``(1) entered the United States before January 1, 1972;
``(2) has continuously resided in the United States since
such entry;
``(3) has been a person of good moral character since such
entry;
``(4) is not ineligible for citizenship;
``(5) is not described in paragraph (1)(A)(iv), (2), (3),
(6)(C), (6)(E), or (8) of section 212(a); and
``(6) did not, at any time, without reasonable cause fail
or refuse to attend or remain in attendance at a proceeding to
determine the alien's inadmissibility or deportability.
Such recordation shall be effective as of the date of approval of the
application or as of the date of entry if such entry occurred prior to
July 1, 1924.''.
(2) Clerical amendment.--The table of contents for such Act
is amended by amending the item relating to section 249 to read
as follows:
``Sec. 249. Record of admission for permanent residence in the case of
certain aliens who entered the United
States prior to January 1, 1972.''.
(f) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act and sections 208(b)(2)(A),
212(a), 240A, 240B, 241(b)(3), and 249 of the Immigration and
Nationality Act, as so amended, shall apply to--
(1) all aliens in removal, deportation, or exclusion
proceedings;
(2) all applications pending on, or filed after, the date
of the enactment of this Act; and
(3) with respect to aliens and applications described in
paragraph (1) or (2) of this subsection, acts and conditions
constituting a ground for exclusion, deportation, or removal
occurring or existing before, on, or after the date of the
enactment of this Act.
SEC. 202. TERRORIST BAR TO GOOD MORAL CHARACTER.
(a) Definition of Good Moral Character.--Section 101(f) of the
Immigration and Nationality Act (8 U.S.C. 1101(f)) is amended--
(1) by inserting after paragraph (1) the following:
``(2) one who the Secretary of Homeland Security or
Attorney General determines to have been at any time an alien
described in section 212(a)(3) or 237(a)(4), which
determination may be based upon any relevant information or
evidence, including classified, sensitive, or national security
information;'';
(2) in paragraph (8), by inserting ``, regardless whether
the crime was classified as an aggravated felony at the time of
conviction, except that the Secretary of Homeland Security or
Attorney General may, in the unreviewable discretion of the
Secretary or Attorney General, determine that this paragraph
shall not apply in the case of a single aggravated felony
conviction (other than murder, manslaughter, homicide, rape, or
any sex offense when the victim of such sex offense was a
minor) for which completion of the term of imprisonment or the
sentence (whichever is later) occurred 10 or more years prior
to the date of application'' after ``(as defined in subsection
(a)(43))''; and
(3) in the matter following paragraph (9), by striking the
first sentence and inserting the following: ``The fact that any
person is not within any of the foregoing classes shall not
preclude a discretionary finding for other reasons that such a
person is or was not of good moral character. The Secretary or
the Attorney General shall not be limited to the applicant's
conduct during the period for which good moral character is
required, but may take into consideration as a basis for
determination the applicant's conduct and acts at any time.''.
(b) Aggravated Felons.--Section 509(b) of the Immigration Act of
1990 (8 U.S.C. 1101 note) is amended to read as follows:
``(b) Effective Date.--The amendment made by subsection (a) shall
take effect on November 29, 1990, and shall apply to convictions
occurring before, on or after such date.''.
(c) Technical Correction to the Intelligence Reform Act.--Section
5504(2) of the Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458) is amended by striking ``adding at the end'' and
inserting ``inserting after paragraph (8)''.
(d) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect on the date of enactment of this Act, shall apply to
any act that occurred before, on, or after such date and shall apply to
any application for naturalization or any other benefit or relief, or
any other case or matter under the immigration laws pending on or filed
after such date. The amendments made by subsection (c) shall take
effect as if enacted in the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458).
SEC. 203. TERRORIST BAR TO NATURALIZATION.
(a) Naturalization of Persons Endangering the National Security.--
Section 316 of the Immigration and Nationality Act (8 U.S.C. 1426) is
amended by adding at the end the following:
``(g) Persons Endangering the National Security.--No person shall
be naturalized who the Secretary of Homeland Security determines to
have been at any time an alien described in section 212(a)(3) or
237(a)(4). Such determination may be based upon any relevant
information or evidence, including classified, sensitive, or national
security information.''.
(b) Concurrent Naturalization and Removal Proceedings.--Section 318
of the Immigration and Nationality Act (8 U.S.C. 1429) is amended by
striking ``other Act;'' and inserting ``other Act; and no application
for naturalization shall be considered by the Secretary of Homeland
Security or any court if there is pending against the applicant any
removal proceeding or other proceeding to determine the applicant's
inadmissibility or deportability, or to determine whether the
applicant's lawful permanent resident status should be rescinded,
regardless of when such proceeding was commenced: Provided, That the
findings of the Attorney General in terminating removal proceedings or
in canceling the removal of an alien pursuant to the provisions of this
Act, shall not be deemed binding in any way upon the Secretary of
Homeland Security with respect to the question of whether such person
has established his eligibility for naturalization as required by this
title;''.
(c) Pending Denaturalization or Removal Proceedings.--Section
204(b) of the Immigration and Nationality Act (8 U.S.C. 1154(b)) is
amended by adding at the end the following: ``No petition shall be
approved pursuant to this section if there is any administrative or
judicial proceeding (whether civil or criminal) pending against the
petitioner that could (whether directly or indirectly) result in the
petitioner's denaturalization or the loss of the petitioner's lawful
permanent resident status.''.
(d) Conditional Permanent Residents.--Sections 216(e) and section
216A(e) of the Immigration and Nationality Act (8 U.S.C. 1186a(e) and
1186b(e)) are each amended by striking the period at the end and
inserting ``, if the alien has had the conditional basis removed
pursuant to this section.''.
(e) District Court Jurisdiction.--Subsection 336(b) of the
Immigration and Nationality Act (8 U.S.C. 1447(b)) is amended to read
as follows:
``(b) If there is a failure to render a final administrative
decision under section 335 before the end of the 180-day period after
the date on which the Secretary of Homeland Security completes all
examinations and interviews conducted under such section, as such terms
are defined by the Secretary of Homeland Security pursuant to
regulations, the applicant may apply to the district court for the
district in which the applicant resides for a hearing on the matter.
Such court shall only have jurisdiction to review the basis for delay
and remand the matter to the Secretary of Homeland Security for the
Secretary's determination on the application.''.
(f) Conforming Amendment.--Section 310(c) of the Immigration and
Nationality Act (8 U.S.C. 1421(c)) is amended--
(1) by inserting ``, not later than the date that is 120
days after the Secretary of Homeland Security's final
determination,'' after ``seek''; and
(2) by striking the second sentence and inserting the
following: ``The burden shall be upon the petitioner to show
that the Secretary's denial of the application was not
supported by facially legitimate and bona fide reasons. Except
in a proceeding under section 340, notwithstanding any other
provision of law (statutory or nonstatutory), including section
2241 of title 28, United States Code, or any other habeas
corpus provision, and sections 1361 and 1651 of such title, no
court shall have jurisdiction to determine, or to review a
determination of the Secretary made at any time regarding,
whether, for purposes of an application for naturalization, an
alien is a person of good moral character, whether the alien
understands and is attached to the principles of the
Constitution of the United States, or whether an alien is well
disposed to the good order and happiness of the United
States.''.
(g) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act, shall apply to any act
that occurred before, on, or after such date, and shall apply to any
application for naturalization or any other case or matter under the
immigration laws pending on, or filed after, such date.
SEC. 204. DENATURALIZATION FOR TERRORISTS.
(a) In General.--Section 340 of the Immigration and Nationality Act
is amended--
(1) by redesignating subsections (f) through (h) as
subsections (g) through (i), respectively; and
(2) by inserting after subsection (e) the following:
``(f)(1) If a person who has been naturalized participates in any
act described in paragraph (2), the Attorney General is authorized to
find that, as of the date of such naturalization, such person was not
attached to the principles of the Constitution of the United States and
was not well disposed to the good order and happiness of the United
States at the time of naturalization, and upon such finding shall set
aside the order admitting such person to citizenship and cancel the
certificate of naturalization as having been obtained by concealment of
a material fact or by willful misrepresentation, and such revocation
and setting aside of the order admitting such person to citizenship and
such canceling of certificate of naturalization shall be effective as
of the original date of the order and certificate, respectively.
``(2) The acts described in this paragraph are the following:
``(A) Any activity a purpose of which is the opposition to,
or the control or overthrow of, the Government of the United
States by force, violence, or other unlawful means.
``(B) Engaging in a terrorist activity (as defined in
clauses (iii) and (iv) of section 212(a)(3)(B)).
``(C) Incitement of terrorist activity under circumstances
indicating an intention to cause death or serious bodily harm.
``(D) Receiving military-type training (as defined in
section 2339D(c)(1) of title 18, United States Code) from or on
behalf of any organization that, at the time the training was
received, was a terrorist organization (as defined in section
212(a)(3)(B)(vi)).''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
acts that occur on or after such date.
SEC. 205. USE OF 1986 IRCA LEGALIZATION INFORMATION FOR NATIONAL
SECURITY PURPOSES.
(a) Special Agricultural Workers.--Section 210(b)(6) of the
Immigration and Nationality Act (8 U.S.C. 1160(b)(6)) is amended--
(1) by striking ``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland Security'';
(2) in subparagraph (A), by striking ``Department of
Justice,'' and inserting ``Department of Homeland Security,'';
(3) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively;
(4) by inserting after subparagraph (B) the following:
``(C) Authorized disclosures.--
``(i) Census purpose.--The Secretary of
Homeland Security may provide, in his
discretion, for the furnishing of information
furnished under this section in the same manner
and circumstances as census information may be
disclosed under section 8 of title 13, United
States Code.
``(ii) National security purpose.--The
Secretary of Homeland Security may provide, in
his discretion, for the furnishing, use,
publication, or release of information
furnished under this section in any
investigation, case, or matter, or for any
purpose, relating to terrorism, national
intelligence or the national security.''; and
(5) in subparagraph (D), as redesignated, by striking
``Service'' and inserting ``Department of Homeland Security''.
(b) Adjustment of Status Under the Immigration Reform and Control
Act of 1986.--Section 245A(c)(5) of the Immigration and Nationality Act
(8 U.S.C. 1255a(c)(5)), is amended--
(1) by striking ``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland Security'';
(2) in subparagraph (A), by striking ``Department of
Justice,'' and inserting ``Department of Homeland Security,'';
(3) by amending subparagraph (C) to read as follows:
``(C) Authorized disclosures.--
``(i) Census purpose.--The Secretary of
Homeland Security may provide, in his
discretion, for the furnishing of information
furnished under this section in the same manner
and circumstances as census information may be
disclosed under section 8 of title 13, United
States Code.
``(ii) National security purpose.--The
Secretary of Homeland Security may provide, in
his discretion, for the furnishing, use,
publication, or release of information
furnished under this section in any
investigation, case, or matter, or for any
purpose, relating to terrorism, national
intelligence or the national security.''; and
(4) in subparagraph (D)(i), striking ``Service'' and
inserting ``Department of Homeland Security''.
SEC. 206. BACKGROUND AND SECURITY CHECKS.
(a) Requirement To Complete Background and Security Checks.--
Section 103 of the Immigration and Nationality Act (8 U.S.C. 1103) is
amended by adding at the end the following:
``(h) Notwithstanding any other provision of law (statutory or
nonstatutory), including but not limited to section 309 of Public Law
107-173, sections 1361 and 1651 of title 28, United States Code, and
section 706(1) of title 5, United States Code, neither the Secretary of
Homeland Security, the Attorney General, nor any court may--
``(1) grant, or order the grant of or adjudication of an
application for adjustment of status to that of an alien
lawfully admitted for permanent residence;
``(2) grant, or order the grant of or adjudication of an
application for United States citizenship or any other status,
relief, protection from removal, employment authorization, or
other benefit under the immigration laws;
``(3) grant, or order the grant of or adjudication of, any
immigrant or nonimmigrant petition; or
``(4) issue or order the issuance of any documentation
evidencing or related to any such grant, until such background
and security checks as the Secretary may in his discretion
require have been completed or updated to the satisfaction of
the Secretary.
``(i) Notwithstanding any other provision of law (statutory or
nonstatutory), including but not limited to section 309 of Public Law
107-173, sections 1361 and 1651 of title 28, United States Code, and
section 706(1) of title 5, United States Code, neither the Secretary of
Homeland Security nor the Attorney General may be required to--
``(1) grant, or order the grant of or adjudication of an
application for adjustment of status to that of an alien
lawfully admitted for permanent residence,
``(2) grant, or order the grant of or adjudication of an
application for United States citizenship or any other status,
relief, protection from removal, employment authorization, or
other benefit under the immigration laws,
``(3) grant, or order the grant of or adjudication of, any
immigrant or nonimmigrant petition, or
``(4) issue or order the issuance of any documentation
evidencing or related to any such grant, until any suspected or
alleged materially false information, material
misrepresentation or omission, concealment of a material fact,
fraud or forgery, counterfeiting, or alteration, or
falsification of a document, as determined by the Secretary,
relating to the adjudication of an application or petition for
any status (including the granting of adjustment of status),
relief, protection from removal, or other benefit under this
subsection has been investigated and resolved to the
Secretary's satisfaction.
``(j) Notwithstanding any other provision of law (statutory or
nonstatutory), including section 309 of the Enhanced Border Security
and Visa Entry Reform Act (8 U.S.C. 1738), sections 1361 and 1651 of
title 28, United States Code, and section 706(1) of title 5, United
States Code, no court shall have jurisdiction to require any of the
acts in subsection (h) or (i) to be completed by a certain time or
award any relief for failure to complete or delay in completing such
acts.''.
(b) Construction.--
(1) In general.--Chapter 4 of title III of the Immigration
and Nationality Act (8 U.S.C. 1501 et seq.) is amended by
adding at the end the following:
``construction
``Sec. 362. (a) In General.--Nothing in this Act or any other law,
except as provided in subsection (d), shall be construed to require the
Secretary of Homeland Security, the Attorney General, the Secretary of
State, the Secretary of Labor, or a consular officer to grant any
application, approve any petition, or grant or continue any relief,
protection from removal, employment authorization, or any other status
or benefit under the immigration laws by, to, or on behalf of--
``(1) any alien deemed by the Secretary to be described in
section 212(a)(3) or section 237(a)(4); or
``(2) any alien with respect to whom a criminal or other
proceeding or investigation is open or pending (including, but
not limited to, issuance of an arrest warrant, detainer, or
indictment), where such proceeding or investigation is deemed
by the official described in subsection (a) to be material to
the alien's eligibility for the status or benefit sought.
``(b) Denial or Withholding of Adjudication.--An official described
in subsection (a) may, in the discretion of the official, deny (with
respect to an alien described in paragraph (1) or (2) of subsection
(a)) or withhold adjudication of pending resolution of the
investigation or case (with respect to an alien described in subsection
(a)(2) of this section) any application, petition, relief, protection
from removal, employment authorization, status or benefit.
``(c) Jurisdiction.--Notwithstanding any other provision of law
(statutory or nonstatutory), including section 309 of the Enhanced
Border Security and Visa Entry Reform Act (8 U.S.C. 1738), sections
1361 and 1651 of title 28, United States Code, and section 706(1) of
title 5, United States Code, no court shall have jurisdiction to review
a decision to deny or withhold adjudication pursuant to subsection (b)
of this section.
``(d) Withholding of Removal and Torture Convention.--This section
does not limit or modify the applicability of section 241(b)(3) or the
United Nations Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, subject to any reservations,
understandings, declarations and provisos contained in the United
States Senate resolution of ratification of the Convention, as
implemented by section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (Public Law 105-277) with respect to an alien
otherwise eligible for protection under such provisions.''.
(2) Clerical amendment.--The table of contents for such Act
is amended by inserting after the item relating to section 361
the following:
``Sec. 362. Construction.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall apply to
applications for immigration benefits pending on or after such date.
SEC. 207. TECHNICAL AMENDMENTS RELATING TO THE INTELLIGENCE REFORM AND
TERRORISM PREVENTION ACT OF 2004.
(a) Transit Without Visa Program.--Section 7209(d) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1185
note) is amended by striking ``the Secretary, in conjunction with the
Secretary of Homeland Security,'' and inserting ``the Secretary of
Homeland Security, in consultation with the Secretary of State,''.
(b) Technology Acquisition and Dissemination Plan.--Section
7201(c)(1) of such Act is amended by inserting ``and the Department of
State'' after ``used by the Department of Homeland Security''.
TITLE III--REMOVAL OF CRIMINAL ALIENS
SEC. 301. DEFINITION OF AGGRAVATED FELONY.
(a) Definition of Aggravated Felony.--Section 101(a)(43) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is amended--
(1) by striking ``The term `aggravated felony' means--''
and inserting ``Notwithstanding any other provision of law, the
term `aggravated felony' applies to an offense described in
this paragraph, whether in violation of Federal or State law,
or in violation of the law of a foreign country for which the
term of imprisonment was completed within the previous 15
years, even if the length of the term of imprisonment for the
offense is based on recidivist or other enhancements and
regardless of whether the conviction was entered before, on, or
after September 30, 1996, and means--'';
(2) in subparagraph (A), by striking ``murder, rape, or
sexual abuse of a minor;'' and inserting ``murder,
manslaughter, homicide, rape (whether the victim was conscious
or unconscious), or any offense of a sexual nature involving a
victim under the age of 18 years;'';
(3) in subparagraph (I), by striking ``or 2252'' and
inserting ``2252, or 2252A'';
(4) in subparagraph (F), by striking ``at least one year;''
and inserting ``is at least one year, except that if the
conviction records do not conclusively establish whether a
crime constitutes a crime of violence, the Attorney General may
consider other evidence related to the conviction that clearly
establishes that the conduct for which the alien was engaged
constitutes a crime of violence;'';
(5) in subparagraph (N)--
(A) by striking ``paragraph (1)(A) or (2) of''; and
(B) by inserting a semicolon at the end;
(6) in subparagraph (O), by striking ``section 275(a) or
276 committed by an alien who was previously deported on the
basis of a conviction for an offense described in another
subparagraph of this paragraph'' and inserting ``section 275 or
276 for which the term of imprisonment is at least 1 year'';
(7) in subparagraph (U), by striking ``an attempt or
conspiracy to commit an offense described in this paragraph''
and inserting ``attempting or conspiring to commit an offense
described in this paragraph, or aiding, abetting, counseling,
procuring, commanding, inducing, or soliciting the commission
of such an offense''; and
(8) by striking the undesignated matter following
subparagraph (U).
(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. 302. PRECLUDING ADMISSIBILITY OF ALIENS CONVICTED OF AGGRAVATED
FELONIES OR OTHER SERIOUS OFFENSES.
(a) Inadmissibility on Criminal and Related Grounds; Waivers.--
Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is
amended--
(1) in subsection (a)(2)(A)(i)--
(A) in subclause (I), by striking ``or'' at the
end;
(B) in subclause (II), by adding ``or'' at the end;
and
(C) by inserting after subclause (II) the
following:
``(III) a violation of (or a
conspiracy or attempt to violate) an
offense described in section 408 of
title 42, United States Code (relating
to social security account numbers or
social security cards) or section 1028
of title 18, United States Code
(relating to fraud and related activity
in connection with identification
documents, authentication features, and
information),'';
(2) by adding at the end of subsection (a)(2) the
following:
``(J) Procurement of citizenship or naturalization
unlawfully.--Any alien convicted of, or who admits
having committed, or who admits committing acts which
constitute the essential elements of, a violation of,
or an attempt or a conspiracy to violate, subsection
(a) or (b) of section 1425 of title 18, United States
Code (relating to the procurement of citizenship or
naturalization unlawfully) is inadmissible.
``(K) Certain firearm offenses.--Any alien who at
any time has been convicted under any law of, or who
admits having committed or admits committing acts which
constitute the essential elements of, purchasing,
selling, offering for sale, exchanging, using, owning,
possessing, or carrying, or of attempting or conspiring
to purchase, sell, offer for sale, exchange, use, own,
possess, or carry, any weapon, part, or accessory which
is a firearm or destructive device (as defined in
section 921(a) of title 18, United States Code) in
violation of any law is inadmissible.
``(L) Aggravated felons.--Any alien who has been
convicted of an aggravated felony at any time is
inadmissible.
``(M) Crimes of domestic violence, stalking, or
violation of protection orders, crimes against
children.--
``(i) Domestic violence, stalking, and
child abuse.--Any alien who at any time is
convicted of, or who admits having committed or
admits committing acts which constitute the
essential elements of, a crime of domestic
violence, a crime of stalking, or a crime of
child abuse, child neglect, or child
abandonment is inadmissible. For purposes of
this clause, the term `crime of domestic
violence' means any crime of violence (as
defined in section 16 of title 18, United
States Code) against a person committed by a
current or former spouse of the person, by an
individual with whom the person shares a child
in common, by an individual who is cohabiting
with or has cohabited with the person as a
spouse, by an individual similarly situated to
a spouse of the person under the domestic or
family violence laws of the jurisdiction where
the offense occurs, or by any other individual
against a person who is protected from that
individual's acts under the domestic or family
violence laws of the United States or any
State, Indian tribal government, or unit of
local or foreign government.
``(ii) Violators of protection orders.--Any
alien who at any time is enjoined under a
protection order issued by a court and whom the
court determines has engaged in conduct that
violates the portion of a protection order that
involves protection against credible threats of
violence, repeated harassment, or bodily injury
to the person or persons for whom the
protection order was issued is inadmissible.
For purposes of this clause, the term
`protection order' means any injunction issued
for the purpose of preventing violent or
threatening acts of domestic violence,
including temporary or final orders issued by
civil or criminal courts (other than support or
child custody orders or provisions) whether
obtained by filing an independent action or as
a independent order in another proceeding.
``(iii) Waiver authorized.--The waiver
authority available under section 237(a)(7)
with respect to section 237(a)(2)(E)(i) shall
be available on a comparable basis with respect
to this subparagraph.
``(iv) Clarification.--If the conviction
records do not conclusively establish whether a
crime of domestic violence constitutes a crime
of violence (as defined in section 16 of title
18, United States Code), the Attorney General
may consider other evidence related to the
conviction that clearly establishes that the
conduct for which the alien was engaged
constitutes a crime of violence.''; and
(3) in subsection (h)--
(A) by striking ``The Attorney General may, in his
discretion, waive the application of subparagraphs
(A)(i)(I), (B), (D), and (E) of subsection (a)(2)'' and
inserting ``The Attorney General or the Secretary of
Homeland Security may, in the discretion of the
Attorney General or the Secretary, waive the
application of subparagraphs (A)(i)(I), (III), (B),
(D), (E), (K), and (M) of subsection (a)(2)'';
(B) by striking ``a criminal act involving
torture.'' and inserting ``a criminal act involving
torture, or has been convicted of an aggravated
felony.'';
(C) by striking ``if either since the date of such
admission the alien has been convicted of an aggravated
felony or the alien'' and inserting ``if since the date
of such admission the alien''; and
(D) by inserting ``or Secretary of Homeland
Security'' after ``the Attorney General'' each place it
appears.
(b) Deportability; Criminal Offenses.--Section 237(a)(3)(B) of the
Immigration and Nationality Act (8 U.S.C. 1227(a)(3)(B)) is amended--
(1) in clause (ii), by striking ``or'' at the end;
(2) in clause (iii), by inserting ``or'' at the end; and
(3) by inserting after clause (iii) the following:
``(iv) of a violation of, or an attempt or
a conspiracy to violate, section 1425(a) or (b)
of title 18 (relating to the procurement of
citizenship or naturalization unlawfully),''.
(c) Deportability; Other Criminal Offenses.--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:
``(G) Fraud and related activity associated with
social security act benefits and identification
documents.--Any alien who at any time after admission
has been convicted of a violation of (or a conspiracy
or attempt to violate) section 208 of the Social
Security Act (42 U.S.C. 408) (relating to social
security account numbers or social security cards) or
section 1028 of title 18, United States Code (relating
to fraud and related activity in connection with
identification) is deportable.''.
(d) Effective Date.--The amendments made by this section shall
apply--
(1) to any act that occurred before, on, or after the date
of the enactment of this Act; and
(2) to all aliens who are required to establish
admissibility on or after such date, and in all removal,
deportation, or exclusion proceedings that are filed, pending,
or reopened, on or after such date.
(e) Construction.--The amendments made by subsection (a) shall not
be construed to create eligibility for relief from removal under former
section 212(c) of the Immigration and Nationality Act where such
eligibility did not exist before these amendments became effective.
SEC. 303. ESPIONAGE CLARIFICATION.
Section 212(a)(3)(A) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(A)), is amended to read as follows:
``(A) In general.--Any alien who a consular
officer, the Attorney General, or the Secretary of
Homeland Security knows, or has reasonable ground to
believe, seeks to enter the United States to engage
solely, principally, or incidentally in, or who is
engaged in, or with respect to clauses (i) and (iii) of
this subparagraph has engaged in--
``(i) any activity--
``(I) to violate any law of the
United States relating to espionage or
sabotage; or
``(II) to violate or evade any law
prohibiting the export from the United
States of goods, technology, or
sensitive information;
``(ii) any other unlawful activity; or
``(iii) any activity a purpose of which is
the opposition to, or the control or overthrow
of, the Government of the United States by
force, violence, or other unlawful means;
is inadmissible.''.
SEC. 304. PROHIBITION OF THE SALE OF FIREARMS TO, OR THE POSSESSION OF
FIREARMS BY, CERTAIN ALIENS.
Section 922 of title 18, United States Code, is amended--
(1) in subsection (d)(5), in subparagraph (B), by striking
``(y)(2)'' and all that follows and inserting ``(y), is in the
United States not as an alien lawfully admitted for permanent
residence;'';
(2) in subsection (g)(5), in subparagraph (B), by striking
``(y)(2)'' and all that follows and inserting ``(y), is in the
United States not as an alien lawfully admitted for permanent
residence;''; and
(3) in subsection (y)--
(A) in the header, by striking ``Admitted Under
Nonimmigrant Visas.--'' and inserting ``Not Lawfully
Admitted for Permanent Residence.--'';
(B) in paragraph (1), by amending subparagraph (B)
to read as follows:
``(B) the term `lawfully admitted for permanent
residence' has the same meaning as in section
101(a)(20) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(20)).'';
(C) in paragraph (2), by striking ``under a
nonimmigrant visa'' and inserting ``but not lawfully
admitted for permanent residence''; and
(D) in paragraph (3)(A), by striking ``admitted to
the United States under a nonimmigrant visa'' and
inserting ``lawfully admitted to the United States but
not as an alien lawfully admitted for permanent
residence''.
SEC. 305. UNIFORM STATUTE OF LIMITATIONS FOR CERTAIN IMMIGRATION,
NATURALIZATION, AND PEONAGE OFFENSES.
Section 3291 of title 18, United States Code, is amended by
striking ``No person'' and all that follows through the period at the
end and inserting the following: ``No person shall be prosecuted,
tried, or punished for a violation of any section of chapters 69
(relating to nationality and citizenship offenses) and 75 (relating to
passport, visa, and immigration offenses), or for a violation of any
criminal provision of sections 243, 266, 274, 275, 276, 277, or 278 of
the Immigration and Nationality Act, or for an attempt or conspiracy to
violate any such section, unless the indictment is returned or the
information is filed within ten years after the commission of the
offense.''.
SEC. 306. CONFORMING AMENDMENT TO THE DEFINITION OF RACKETEERING
ACTIVITY.
Section 1961(1) of title 18, United States Code, is amended by
striking ``section 1542'' through ``section 1546 (relating to fraud and
misuse of visas, permits, and other documents)'' and inserting
``sections 1541-1548 (relating to passports and visas)''.
SEC. 307. CONFORMING AMENDMENTS FOR THE AGGRAVATED FELONY DEFINITION.
(a) In General.--Subparagraph (P) of section 101(a)(43) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is amended--
(1) by striking ``(i) which either is falsely making,
forging, counterfeiting, mutilating, or altering a passport or
instrument in violation of section 1543 of title 18, United
States Code, or is described in section 1546(a) of such title
(relating to document fraud) and (ii)'' and inserting ``which
is described in any section of chapter 75 of title 18, United
States Code,''; and
(2) by inserting after ``first offense'' the following:
``(i) that is not described in section 1548 of such title
(relating to increased penalties), and (ii)''.
(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
acts that occur before, on, or after the date of the enactment of this
Act.
SEC. 308. PRECLUDING REFUGEE OR ASYLEE ADJUSTMENT OF STATUS FOR
AGGRAVATED FELONS.
(a) In General.--Section 209(c) of the Immigration and Nationality
Act (8 U.S.C. 1159(c)) is amended by adding at the end thereof the
following: ``However, an alien who is convicted of an aggravated felony
is not eligible for a waiver or for adjustment of status under this
section.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply--
(1) to any act that occurred before, on, or after the date
of the enactment of this Act; and
(2) to all aliens who are required to establish
admissibility on or after such date, and in all removal,
deportation, or exclusion proceedings that are filed, pending,
or reopened, on or after such date.
SEC. 309. PRECLUDING WITHHOLDING OF REMOVAL FOR AGGRAVATED FELONS.
(a) In General.--Section 241(b)(3)(B) (8 U.S.C. 1231(b)(3)(B)), as
amended by section 201, is further amended by inserting after clause
(v), as inserted by section 201, the following:
``(vi) the alien is convicted of an
aggravated felony.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply--
(1) to any act that occurred before, on, or after the date
of the enactment of this Act; and
(2) to all aliens who are required to establish
admissibility on or after such date, and in all removal,
deportation, or exclusion proceedings that are filed, pending,
or reopened on or after such date.
SEC. 310. INADMISSIBILITY, DEPORTABILITY, AND DETENTION OF DRUNK
DRIVERS.
(a) In General.--Section 101(a)(43) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(43)) (as amended by this Act) is
further amended--
(1) in subparagraph (T), by striking ``and'';
(2) in subparagraph (U), by striking the period at the end
and inserting ``; and''; and
(3) by inserting after subparagraph (U) the following:
``(V) a second or subsequent conviction for driving
while intoxicated (including a conviction for driving
while under the influence of or impaired by alcohol or
drugs) without regard to whether the conviction is
classified as a misdemeanor or felony under State
law.''.
(b) Detention.--Section 236(c)(1) of the Immigration and
Nationality Act (8 U.S.C. 1226(c)(1)) is amended--
(1) in subparagraph (C), by striking ``or'' at the end;
(2) in subparagraph (D), by adding ``or'' at the end; and
(3) by inserting after subparagraph (D) the following:
``(E) is unlawfully present in the United States
and has been convicted one or multiple times for
driving while intoxicated (including a conviction for
driving while under the influence or impaired by
alcohol or drugs) without regard to whether the
conviction is classified as a misdemeanor or felony
under State law,''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and apply to
convictions entered on or after such date.
SEC. 311. DETENTION OF DANGEROUS ALIENS.
(a) In General.--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 clause (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) the alien has been
convicted of one or more
aggravated felonies (as defined
in section 101(a)(43)(A)) or of
one or more crimes identified
by the Secretary of Homeland
Security by regulation, or of
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 crimes of
violence (as defined in section
16 of title 18, United States
Code, 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 Assistant Secretary for
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.''.
(b) Detention of Aliens During Removal Proceedings.--
(1) Clerical amendment.--(A) Section 236 of the Immigration
and Nationality Act (8 U.S.C. 1226) is amended by striking
``Attorney General'' each place it appears (except in the
second place that term appears in section 236(a)) and inserting
``Secretary of Homeland Security''.
(B) Section 236(a) of such Act (8 U.S.C. 1226(a)) is
amended by inserting ``the Secretary of Homeland Security or''
before ``the Attorney General--''.
(C) Section 236(e) of such Act (8 U.S.C. 1226(e)) is
amended by striking ``Attorney General's'' and inserting
``Secretary of Homeland Security's''.
(2) Length of detention.--Section 236 of such Act (8 U.S.C.
1226) is amended by adding at the end the following:
``(f) Length of Detention.--
``(1) In general.--Notwithstanding any other provision of
this section, an alien may be detained, and for an alien
described in subsection (c) shall be detained, under this
section without time limitation, except as provided in
subsection (h), during the pendency of removal proceedings.
``(2) Construction.--The length of detention under this
section shall not affect detention under section 241.''.
(3) Detention of criminal aliens.--Section 236(c)(1) of the
Immigration and Nationality Act (8 U.S.C. 1226(c)(1)) (as
amended by section 310(b)) is further amended, in the matter
following subparagraph (E) to read as follows:
``any time after the alien is released, without regard to
whether an alien is released related to any activity, offense,
or conviction described in this paragraph; to whether the alien
is released on parole, supervised release, or probation; or to
whether the alien may be arrested or imprisoned again for the
same offense. If the activity described in this paragraph does
not result in the alien being taken into custody by any person
other than the Secretary, then when the alien is brought to the
attention of the Secretary or when the Secretary determines it
is practical to take such alien into custody, the Secretary
shall take such alien into custody.''.
(4) Administrative review.--Section 236 of the Immigration
and Nationality Act (8 U.S.C. 1226), as amended by paragraph
(2), is further amended by adding at the end the following:
``(g) Administrative Review.--
``(1) In general.--The Attorney General's review of the
Secretary's custody determinations under subsection (a) for the
following classes of aliens shall be limited to whether the
alien may be detained, released on bond (of at least $1,500
with security approved by the Secretary), or released with no
bond:
``(A) Aliens in exclusion proceedings.
``(B) Aliens described in section 212(a)(3) or
237(a)(4).
``(C) Aliens described in subsection (c).
``(2) Special rule.--
``(h) Release on Bond.--
``(1) In general.--An alien detained under subsection (a)
may seek release on bond. No bond may be granted except to an
alien who establishes by clear and convincing evidence that the
alien is not a flight risk or a risk to another person or the
community.
``(2) Certain aliens ineligible.--No alien detained under
subsection (c) may seek release on bond.''.
(5) Clerical amendments.--(A) Section 236(a)(2)(B) of the
Immigration and Nationality Act (8 U.S.C. 1226(a)(2)(B)) is
amended by striking ``conditional parole'' and inserting
``recognizance''.
(B) Section 236(b) of such Act (8 U.S.C. 1226(b)) is
amended by striking ``parole'' and inserting ``recognizance''.
(c) Severability.--If any of the provisions of this section or any
amendment by this section, or the application of any such provision to
any person or circumstance, is held to be invalid for any reason, the
remainder of this section and of amendments made by this section, and
the application of the provisions and of the amendments made by this
section to any other person or circumstance shall not be affected by
such holding.
(d) Effective Dates.--
(1) The amendments made by subsection (a) shall take effect
upon the date of enactment of this Act, and section 241 of the
Immigration and Nationality Act, as so amended, shall in
addition apply to--
(A) all aliens subject to a final administrative
removal, deportation, or exclusion order that was
issued before, on, or after the date of the enactment
of this Act; and
(B) acts and conditions occurring or existing
before, on, or after such date.
(2) The amendments made by subsection (b) shall take effect
upon the date of the enactment of this Act, and section 236 of
the Immigration and Nationality Act, as so amended, shall in
addition apply to any alien in detention under provisions of
such section on or after such date.
SEC. 312. 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 adding at the end
the following:
``(53)(A) The term `criminal gang' means an ongoing group, club,
organization, or association of 5 or more persons that has as one of
its primary purposes the commission of 1 or more of the following
criminal offenses and the members of which engage, or have engaged
within the past 5 years, in a continuing series of such offenses, or
that has been designated as a criminal gang by the Secretary of
Homeland Security, in consultation with the Attorney General, as
meeting these criteria. 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) 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).
``(iii) A crime of violence (as defined in section 16 of
title 18, United States Code).
``(iv) A crime involving obstruction of justice, tampering
with or retaliating against a witness, victim, or informant, or
burglary.
``(v) Any conduct punishable under sections 1028 and 1029
of title 18, United States Code (relating to 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 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).
``(vi) A conspiracy to commit an offense described in
clauses (i) through (v).
``(B) Notwithstanding any other provision of law (including any
effective date), the term applies regardless of whether the conduct
occurred before, on, or after the date of the enactment of this
paragraph.''.
(b) Inadmissibility.--Section 212(a)(2) of such Act (8 U.S.C.
1182(a)(2)), as amended by section 302(a)(2) of this Act, is further
amended by adding at the end the following:
``(N) Aliens associated with criminal gangs.--Any
alien is inadmissible who a consular officer, the
Secretary of Homeland Security, or the Attorney General
knows or has reason to believe--
``(i) to be or to have been a member of a
criminal gang (as defined in section
101(a)(53)); or
``(ii) to have participated in the
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)), as amended by section 302(c) of
this Act, is further amended by adding at the end the following:
``(H) Aliens associated with criminal gangs.--Any
alien is deportable who the Secretary of Homeland
Security or the Attorney General knows or has reason to
believe--
``(i) is or has been a member of a criminal
gang (as defined in section 101(a)(53)); or
``(ii) has participated in the activities
of a criminal gang (as so defined), knowing or
having reason to know that such activities will
promote, further, aid, or support 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
``Sec. 220. (a) In General.--The Secretary of Homeland Security,
in consultation with the Attorney General, and the Secretary of State
may designate a group or association as a criminal street gang if their
conduct is described in section 101(a)(53) or if the group or
association conduct poses a significant risk that threatens the
security and the public safety of United States nationals or the
national security, homeland security, foreign policy, or economy of the
United States.
``(b) Effective Date.--Designations under subsection (a) shall
remain in effect until the designation is revoked after consultation
between the Secretary of Homeland Security, the Attorney General, and
the Secretary of State or is terminated in accordance with Federal
law.''.
(2) Clerical amendment.--The table of contents for such Act
is amended by inserting after the item relating to section 219
the following:
``220. Designation.''.
(e) Mandatory Detention of Criminal Street Gang Members.--
(1) In general.--Section 236(c)(1)(D) of the Immigration
and Nationality Act (8 U.S.C. 1226(c)(1)(D)) is amended--
(A) by inserting ``or 212(a)(2)(N)'' after
``212(a)(3)(B)''; and
(B) by inserting ``237(a)(2)(H) or'' before
``237(a)(4)(B)''.
(2) Annual report.--Not later than March 1 of each year
(beginning 1 year after the date of the enactment of this Act),
the Secretary of Homeland Security, after consultation with the
appropriate Federal agencies, shall submit a report to the
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)) (as amended by this Act) is
further 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)
(relating to participation in criminal street
gangs); or''.
(g) Temporary Protected Status.--Section 244 of such Act (8 U.S.C.
1254a) is amended--
(1) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland 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 after
admission has been, a member of a criminal gang
(as defined in section 101(a)(53)).''; and
(3) in subsection (d)--
(A) by striking paragraph (3); and
(B) in paragraph (4), by adding at the end the
following: ``The Secretary of Homeland Security may
detain an alien provided temporary protected status
under this section whenever appropriate under any other
provision of law.''.
(h) 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. 313. EXTENSION OF IDENTITY THEFT OFFENSES.
Section 1028A of title 18, United States Code, is amended by adding
at the end the following:
``(d) State of Mind Proof Requirement.--In a prosecution for a
violation of subsection (a)(1) predicated on a violation described in
subsection (c)(2), (6), (7), (9), or (10) of this section, the
Government need not prove that the defendant knew the means of
identification was of another person.''.
SEC. 314. LAUNDERING OF MONETARY INSTRUMENTS.
(a) Additional Predicate Offenses.--Section 1956(c)(7)(D) of title
18, United States Code, is amended--
(1) by inserting ``section 1590 (relating to trafficking
with respect to peonage, slavery, involuntary servitude, or
forced labor),'' after ``section 1363 (relating to destruction
of property within the special maritime and territorial
jurisdiction),''; and
(2) by inserting ``section 274(a) of the Immigration and
Nationality Act (8 U.S.C.1324(a)) (relating to bringing in and
harboring certain aliens),'' after ``section 590 of the Tariff
Act of 1930 (19 U.S.C. 1590) (relating to aviation
smuggling),''.
(b) Intent To Conceal or Disguise.--Section 1956(a) of title 18,
United States Code, is amended--
(1) in paragraph (1) so that subparagraph (B) reads as
follows:
``(B) knowing that the transaction--
``(i) conceals or disguises, or is intended to
conceal or disguise, the nature, source, location,
ownership, or control of the proceeds of some form of
unlawful activity; or
``(ii) avoids, or is intended to avoid, a
transaction reporting requirement under State or
Federal law,''; and
(2) in paragraph (2) so that subparagraph (B) reads as
follows:
``(B) knowing that the monetary instrument or funds
involved in the transportation, transmission, or transfer
represent the proceeds of some form of unlawful activity, and
knowing that such transportation, transmission, or transfer--
``(i) conceals or disguises, or is intended to
conceal or disguise, the nature, source, location,
ownership, or control of the proceeds of some form of
unlawful activity; or
``(ii) avoids, or is intended to avoid, a
transaction reporting requirement under State or
Federal law,''.
SEC. 315. PENALTIES FOR ILLEGAL ENTRY OR PRESENCE.
(a) In General.--Section 275 of the Immigration and Nationality Act
(8 U.S.C. 1325) is amended to read as follows:
``Sec. 275. (a) In General.--
``(1) Illegal entry or presence.--An alien shall be subject
to the penalties set forth in paragraph (2) if the alien--
``(A) knowingly enters or crosses the border into
the United States at any time or place other than as
designated by the Secretary of Homeland Security;
``(B) knowingly eludes, at any time or place,
examination or inspection by an authorized immigration,
customs, or agriculture officer (including by failing
to stop at the command of such officer);
``(C) knowingly enters or crosses the border to the
United States and, upon examination or inspection,
knowingly makes a false or misleading representation or
the knowing concealment of a material fact (including
such representation or concealment in the context of
arrival, reporting, entry, or clearance requirements of
the customs laws, immigration laws, agriculture laws,
or shipping laws);
``(D) knowingly violates the terms or conditions of
the alien's admission or parole into the United States;
or
``(E) knowingly is unlawfully present in the United
States (as defined in section 212(a)(9)(B)(ii) subject
to the exceptions set for in section
212(a)(9)(B)(iii)).
``(2) Criminal penalties.--Any alien who violates any
provision under paragraph (1)--
``(A) shall, for the first violation, be fined
under title 18, United States Code, imprisoned not more
than 6 months, or both;
``(B) shall, for a second or subsequent violation,
or following an order of voluntary departure, be fined
under such title, imprisoned not more than 2 years (or
not more than 6 months in the case of a second or
subsequent violation of paragraph (1)(E)), or both;
``(C) if the violation occurred after the alien had
been convicted of 3 or more misdemeanors or for a
felony, shall be fined under such title, imprisoned not
more than 10 years, or both;
``(D) if the violation occurred after the alien had
been convicted of a felony for which the alien received
a term of imprisonment of not less than 30 months,
shall be fined under such title, imprisoned not more
than 15 years, or both; and
``(E) if the violation occurred after the alien had
been convicted of a felony for which the alien received
a term of imprisonment of not less than 60 months, such
alien shall be fined under such title, imprisoned not
more than 20 years, or both.
``(3) Prior convictions.--The prior convictions described
in subparagraphs (C) through (E) of paragraph (2) are elements
of the offenses described and the penalties in such
subparagraphs shall apply only in cases in which the conviction
or convictions that form the basis for the additional penalty
are--
``(A) alleged in the indictment or information; and
``(B) proven beyond a reasonable doubt at trial or
admitted by the defendant.
``(4) Duration of offense.--An offense under this
subsection continues until the alien is discovered within the
United States by an immigration, customs, or agriculture
officer.
``(5) Attempt.--Whoever attempts to commit any offense
under this section shall be punished in the same manner as for
a completion of such offense.
``(b) Improper Time or Place; Civil Penalties.--Any alien who is
apprehended while entering, attempting to enter, or knowingly crossing
or attempting to cross the border to the United States at a time or
place other than as designated by immigration officers shall be subject
to a civil penalty, in addition to any criminal or other civil
penalties that may be imposed under any other provision of law, in an
amount equal to--
``(1) not less than $50 or more than $250 for each such
entry, crossing, attempted entry, or attempted crossing; or
``(2) twice the amount specified in paragraph (1) if the
alien had previously been subject to a civil penalty under this
subsection.''.
(b) Clerical Amendment.--The table of contents for the Immigration
and Nationality Act is amended by striking the item relating to section
275 and inserting the following:
``Sec. 275. Illegal entry or presence.''.
SEC. 316. ILLEGAL REENTRY.
Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326)
is amended to read as follows:
``reentry of removed alien
``Sec. 276. (a) Reentry After Removal.--Any alien who has been
denied admission, excluded, deported, or removed, or who has departed
the United States while an order of exclusion, deportation, or removal
is outstanding, and subsequently enters, attempts to enter, crosses the
border to, attempts to cross the border to, or is at any time found in
the United States, shall be fined under title 18, United States Code,
imprisoned not more than 2 years, or both.
``(b) Reentry of Criminal Offenders.--Notwithstanding the penalty
provided in subsection (a), if an alien described in that subsection
was convicted before such removal or departure--
``(1) for 3 or more misdemeanors or for a felony, the alien
shall be fined under title 18, United States Code, imprisoned
not more than 10 years, or both;
``(2) for a felony for which the alien was sentenced to a
term of imprisonment of not less than 30 months, the alien
shall be fined under such title, imprisoned not less than 2
years and not more than 15 years, or both;
``(3) for a felony for which the alien was sentenced to a
term of imprisonment of not less than 60 months, the alien
shall be fined under such title, imprisoned not less than 4
years and not more than 20 years, or both; or
``(4) for murder, rape, kidnapping, or a felony offense
described in chapter 77 (relating to peonage and slavery) or
113B (relating to terrorism) of such title, or for 3 or more
felonies of any kind, the alien shall be fined under such
title, imprisoned not less than 5 years and not more than 25
years, or both.
``(c) Reentry After Repeated Removal.--Any alien who has been
denied admission, excluded, deported, or removed 3 or more times and
thereafter enters, attempts to enter, crosses the border to, attempts
to cross the border to, or is at any time found in the United States,
shall be fined under title 18, United States Code, imprisoned not more
than 10 years, or both.
``(d) Proof of Prior Convictions.--The prior convictions described
in subsection (b) are elements of the crimes described, and the
penalties in that subsection shall apply only in cases in which the
conviction or convictions that form the basis for the additional
penalty are--
``(1) alleged in the indictment or information; and
``(2) proven beyond a reasonable doubt at trial or admitted
by the defendant.
``(e) Affirmative Defenses.--It shall be an affirmative defense to
a violation of this section that--
``(1) prior to the alleged violation, the alien had sought
and received the express consent of the Secretary of Homeland
Security to reapply for admission into the United States; or
``(2) with respect to an alien previously denied admission
and removed, the alien--
``(A) was not required to obtain such advance
consent under the Immigration and Nationality Act or
any prior Act; and
``(B) had complied with all other laws and
regulations governing the alien's admission into the
United States.
``(f) Limitation on Collateral Attack on Underlying Removal
Order.--In a criminal proceeding under this section, an alien may not
challenge the validity of any prior removal order concerning the alien.
``(g) Reentry of Alien Removed Prior to Completion of Term of
Imprisonment.--Any alien removed pursuant to section 241(a)(4) who
enters, attempts to enter, crosses the border to, attempts to cross the
border to, or is at any time found in, the United States shall be
incarcerated for the remainder of the sentence of imprisonment which
was pending at the time of deportation without any reduction for parole
or supervised release unless the alien affirmatively demonstrates that
the Secretary of Homeland Security has expressly consented to the
alien's reentry. Such alien shall be subject to such other penalties
relating to the reentry of removed aliens as may be available under
this section or any other provision of law.
``(h) Definitions.--For purposes of this section and section 275,
the following definitions shall apply:
``(1) Crosses the border to the united states.--The term
`crosses the border' refers to the physical act of crossing the
border, regardless of whether the alien is free from official
restraint.
``(2) Felony.--The term `felony' means any criminal offense
punishable by a term of imprisonment of more than 1 year under
the laws of the United States, any State, or a foreign
government.
``(3) Misdemeanor.--The term `misdemeanor' means any
criminal offense punishable by a term of imprisonment of not
more than 1 year under the applicable laws of the United
States, any State, or a foreign government.
``(4) Removal.--The term `removal' includes any denial of
admission, exclusion, deportation, or removal, or any agreement
by which an alien stipulates or agrees to exclusion,
deportation, or removal.
``(5) State.--The term `State' means a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.''.
SEC. 317. REFORM OF PASSPORT, VISA, AND IMMIGRATION FRAUD OFFENSES.
Chapter 75 of title 18, United States Code, is amended to read as
follows:
``CHAPTER 75--PASSPORTS AND VISAS
``1541. Issuance without authority.
``1542. False statement in application and use of passport.
``1543. Forgery or false use of passport.
``1544. Misuse of a passport.
``1545. Schemes to defraud aliens.
``1546. Immigration and visa fraud.
``1547. Attempts and conspiracies.
``1548. Alternative penalties for certain offenses.
``1549. Definitions.
``Sec. 1541. Issuance without authority
``(a) In General.--Whoever--
``(1) acting or claiming to act in any office or capacity
under the United States, or a State, without lawful authority
grants, issues, or verifies any passport or other instrument in
the nature of a passport to or for any person; or
``(2) being a consular officer authorized to grant, issue,
or verify passports, knowingly grants, issues, or verifies any
such passport to or for any person not owing allegiance, to the
United States, whether a citizen or not;
shall be fined under this title or imprisoned not more than 15 years,
or both.
``(b) Definition.--In this section, the term `State' means a State
of the United States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
``Sec. 1542. False statement in application and use of passport
``Whoever knowingly--
``(1) makes any false statement in an application for
passport with intent to induce or secure the issuance of a
passport under the authority of the United States, either for
his own use or the use of another, contrary to the laws
regulating the issuance of passports or the rules prescribed
pursuant to such laws; or
``(2) uses or attempts to use, or furnishes to another for
use any passport the issue of which was secured in any way by
reason of any false statement;
shall be fined under this title or imprisoned not more than 15 years,
or both.
``Sec. 1543. Forgery or false use of passport
``Whoever--
``(1) falsely makes, forges, counterfeits, mutilates, or
alters any passport or instrument purporting to be a passport,
with intent that the same may be used; or
``(2) knowingly uses, or attempts to use, or furnishes to
another for use any such false, forged, counterfeited,
mutilated, or altered passport or instrument purporting to be a
passport, or any passport validly issued which has become void
by the occurrence of any condition therein prescribed
invalidating the same;
shall be fined under this title or imprisoned not more than 15 years,
or both.
``Sec. 1544. Misuse of a passport
``Whoever knowingly--
``(1) uses any passport issued or designed for the use of
another;
``(2) uses any passport in violation of the conditions or
restrictions therein contained, or in violation of the laws,
regulations, or rules governing the issuance and use of the
passport;
``(3) secures, possesses, uses, receives, buys, sells, or
distributes any passport knowing it to be forged,
counterfeited, altered, falsely made, procured by fraud,
stolen, or produced or issued without lawful authority; or
``(4) violates the terms and conditions of any safe conduct
duly obtained and issued under the authority of the United
States;
shall be fined under this title, imprisoned not more than 15 years, or
both.
``Sec. 1545. Schemes to defraud aliens
``Whoever inside the United States, or in or affecting interstate
or foreign commerce, in connection with any matter that is authorized
by or arises under the immigration laws of the United States or any
matter the offender claims or represents is authorized by or arises
under the immigration laws of the United States, knowingly executes a
scheme or artifice--
``(1) to defraud any person, or
``(2) to obtain or receive money or anything else of value
from any person by means of false or fraudulent pretenses,
representations, or promises;
shall be fined under this title, imprisoned not more than 15 years, or
both.
``Sec. 1546. Immigration and visa fraud
``Whoever knowingly--
``(1) uses any immigration document issued or designed for
the use of another;
``(2) forges, counterfeits, alters, or falsely makes any
immigration document;
``(3) mails, prepares, presents, or signs any immigration
document knowing it to contain any materially false statement
or representation;
``(4) secures, possesses, uses, transfers, receives, buys,
sells, or distributes any immigration document knowing it to be
forged, counterfeited, altered, falsely made, stolen, procured
by fraud, or produced or issued without lawful authority;
``(5) adopts or uses a false or fictitious name to evade or
to attempt to evade the immigration laws;
``(6) transfers or furnishes, without lawful authority, an
immigration document to another person for use by a person
other than the person for whom the immigration document was
issued or designed; or
``(7) produces, issues, authorizes, or verifies, without
lawful authority, an immigration document;
shall be fined under this title, imprisoned not more than 15 years, or
both.
``Sec. 1547. Attempts and conspiracies
``Whoever attempts or conspires to violate this chapter shall be
punished in the same manner as a person who completes that violation.
``Sec. 1548. Alternative penalties for certain offenses
``(a) Terrorism.--Whoever violates any section in this chapter to
facilitate an act of international terrorism or domestic terrorism (as
such terms are defined in section 2331), shall be fined under this
title or imprisoned not more than 25 years, or both.
``(b) Drug Trafficking Offenses.--Whoever violates any section in
this chapter to facilitate a drug trafficking crime (as defined in
section 929(a)) shall be fined under this title or imprisoned not more
than 20 years, or both.
``Sec. 1549. Definitions
``In this chapter:
``(1) An `application for a United States passport'
includes any document, photograph, or other piece of evidence
attached to or submitted in support of the application.
``(2) The term `immigration document' means any instrument
on which is recorded, by means of letters, figures, or marks,
matters which may be used to fulfill any requirement of the
Immigration and Nationality Act.''.
SEC. 318. FORFEITURE.
Section 981(a)(1) of title 18, United States Code, is amended by
adding at the end the following:
``(I) Any property, real or personal, that has been used to
commit or facilitate the commission of a violation of chapter
75, the gross proceeds of such violation, and any property
traceable to any such property or proceeds.''.
SEC. 319. EXPEDITED REMOVAL FOR ALIENS INADMISSIBLE ON CRIMINAL OR
SECURITY GROUNDS.
(a) In General.--Section 238(b) of the Immigration and Nationality
Act (8 U.S.C. 1228(b)) is amended-
(1) in paragraph (1)--
(A) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security in the exercise of
discretion''; and
(B) by striking ``set forth in this subsection or''
and inserting ``set forth in this subsection, in lieu
of removal proceedings under'';
(2) in paragraph (3), by striking ``paragraph (1) until 14
calendar days'' and inserting ``paragraph (1) or (3) until 7
calendar days'';
(3) by striking ``Attorney General'' each place it appears
in paragraphs (3) and (4) and inserting ``Secretary of Homeland
Security'';
(4) in paragraph (5)--
(A) by striking ``described in this section'' and
inserting ``described in paragraph (1) or (2)''; and
(B) by striking ``the Attorney General may grant in
the Attorney General's discretion'' and inserting ``the
Secretary of Homeland Security or the Attorney General
may grant, in the discretion of the Secretary or
Attorney General, in any proceeding'';
(5) by redesignating paragraphs (3), (4), and (5) as
paragraphs (4), (5), and (6), respectively; and
(6) by inserting after paragraph (2) the following new
paragraph:
``(3) The Secretary of Homeland Security in the exercise of
discretion may determine inadmissibility under section
212(a)(2) (relating to criminal offenses) or section
212(a)(3)(related to security grounds) and issue an order of
removal pursuant to the procedures set forth in this
subsection, in lieu of removal proceedings under section 240,
with respect to an alien who--
``(A) has not been admitted or paroled;
``(B) has not been found to have a credible fear of
persecution pursuant to the procedures set forth in
section 235(b)(1)(B); and
``(C) is not eligible for a waiver of
inadmissibility or relief from removal.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act but shall not
apply to aliens who are in removal proceedings under section 240 of the
Immigration and Nationality Act as of such date.
SEC. 320. INCREASED PENALTIES BARRING THE ADMISSION OF CONVICTED SEX
OFFENDERS FAILING TO REGISTER AND REQUIRING DEPORTATION
OF SEX OFFENDERS FAILING TO REGISTER.
(a) Inadmissibility.--Section 212(a)(2)(A)(i) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(2)(A)(i)), as amended by section
302(a) of this Act, is further amended--
(1) in subclause (II), by striking ``or'' at the end;
(2) in subclause (III), by adding ``or'' at the end; and
(3) by inserting after subclause (III) the following:
``(IV) a violation of section 2250
of title 18, United States Code
(relating to failure to register as a
sex offender),''.
(b) Deportability.--Section 237(a)(2) of such Act (8 U.S.C.
1227(a)(2)), as amended by sections 302(c) and 311(c) of this Act, is
further amended--
(1) in subparagraph (A), by striking clause (v); and
(2) by adding at the end the following:
``(I) Failure to register as a sex offender.--Any
alien convicted of, or who admits having committed, or
who admits committing acts which constitute the
essential elements of a violation of section 2250 of
title 18, United States Code (relating to failure to
register as a sex offender) is deportable.''.
(c) 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. 321. PROTECTING IMMIGRANTS FROM CONVICTED SEX OFFENDERS.
(a) Immigrants.--Section 204(a)(1) of the Immigration and
Nationality Act (8 U.S.C. 1154(a)(1)), is amended--
(1) in subparagraph (A), by amending clause (viii) to read
as follows:
``(viii) Clause (i) shall not apply to a citizen of the United
States who has been convicted of an offense described in subparagraph
(A), (I), or (K) of section 101(a)(43), unless the Secretary of
Homeland Security, in the Secretary's sole and unreviewable discretion,
determines that the citizen poses no risk to the alien with respect to
whom a petition described in clause (i) is filed.''; and
(2) in subparagraph (B)(i)--
(A) by redesignating the second subclause (I) as
subclause (II); and
(B) by amending such subclause (II) to read as
follows:
``(II) Subclause (I) shall not apply in the case of an alien
admitted for permanent residence who has been convicted of an offense
described in subparagraph (A), (I), or (K) of section 101(a)(43),
unless the Secretary of Homeland Security, in the Secretary's sole and
unreviewable discretion, determines that the alien lawfully admitted
for permanent residence poses no risk to the alien with respect to whom
a petition described in subclause (I) is filed.''.
(b) Nonimmigrants.--Section 101(a)(15)(K) of such Act (8 U.S.C.
1101(a)(15)(K)), is amended by striking ``204(a)(1)(A)(viii)(I))'' each
place such term appears and inserting ``204(a)(1)(A)(viii))''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall apply to
petitions filed on or after such date.
SEC. 322. CLARIFICATION TO CRIMES OF VIOLENCE AND CRIMES INVOLVING
MORAL TURPITUDE.
(a) Inadmissible Aliens.--Section 212(a)(2)(A) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(2)(A)) is amended by adding at
the end the following:
``(iii) Clarification.--If the conviction
records do not conclusively establish whether a
crime constitutes a crime involving moral
turpitude, the Attorney General may consider
other evidence related to the conviction that
clearly establishes that the conduct for which
the alien was engaged constitutes a crime
involving moral turpitude.''.
(b) Deportable Aliens.--
(1) General crimes.--Section 237(a)(2)(A) of such Act (8
U.S.C. 1227(a)(2)(A)), as amended by section 320(b) of this
Act, is further amended by inserting after clause (iv) the
following:
``(v) Crimes involving moral turpitude.--If
the conviction records do not conclusively
establish whether a crime constitutes a crime
involving moral turpitude, the Attorney General
may consider other evidence related to the
conviction that clearly establishes that the
conduct for which the alien was engaged
constitutes a crime involving moral
turpitude.''.
(2) Domestic violence.--Section 237(a)(2)(E) of such Act (8
U.S.C. 1227(a)(2)(E)) is amended by adding at the end the
following:
``(iii) Crimes of violence.--If the
conviction records do not conclusively
establish whether a crime of domestic violence
constitutes a crime of violence (as defined in
section 16 of title 18, United States Code),
the Attorney General may consider other
evidence related to the conviction that clearly
establishes that the conduct for which the
alien was engaged constitutes a crime of
violence.''.
(c) 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. 323. PENALTIES FOR FAILURE TO OBEY REMOVAL ORDERS.
(a) In General.--Section 243(a) of the Immigration and Nationality
Act (8 U.S.C. 1253(a)) is amended--
(1) in the matter preceding subparagraph (A) of paragraph
(1), by inserting ``212(a) or'' before ``237(a),''; and
(2) by striking paragraph (3).
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
acts that are described in subparagraphs (A) through (D) of section
243(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1253(a)(1))
that occur on or after the date of the enactment of this Act.
SEC. 324. PARDONS.
(a) Definition.--Section 101(a) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)), as amended by section 312(a) of this Act, is
further amended by adding at the end the following:
``(54) The term `pardon' means a full and unconditional pardon
granted by the President of the United States, Governor of any of the
several States or constitutionally recognized body.''.
(b) Deportability.--Section 237(a) of such Act (8 U.S.C. 1227(a))
is amended--
(1) in paragraph (2)(A), by striking clause (vi); and
(2) by adding at the end the following:
``(8) Pardons.--In the case of an alien who has been
convicted of a crime and is subject to removal due to that
conviction, if the alien, subsequent to receiving the criminal
conviction, is granted a pardon, the alien shall not be
deportable by reason of that criminal conviction.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall apply to a
pardon granted before, on, or after such date.
SEC. 325. CONVICTIONS.
(a) Section 212(a)(2) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(2)) is amended by adding at the end the following
subparagraph:
``(J) Convictions.--
``(i) In general.--For purposes of
determining whether an underlying criminal
offense constitutes a ground of inadmissibility
under this subsection, all statutes or common
law offenses are divisible so long as any of
the conduct encompassed by the statute
constitutes an offense that is a ground of
inadmissibility.
``(ii) Other evidence.--If the conviction
records do not conclusively establish whether a
crime constitutes a ground of inadmissibility,
the Attorney General or the Secretary of
Homeland Security may consider other evidence
related to the conviction that clearly
establishes that the conduct for which the
alien was engaged constitutes a ground of
inadmissibility.''.
(b) 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
subparagraph:
``(G) Criminal offenses.--
``(i) In general.--For purposes of
determining whether an underlying criminal
offense constitutes a ground of deportability
under this subsection, all statutes or common
law offenses are divisible so long as any of
the conduct encompassed by the statute
constitutes an offense that is a ground of
deportability.
``(ii) Other evidence.--If the conviction
records do not conclusively establish whether a
crime constitutes a ground of deportability,
the Attorney General or the Secretary of
Homeland Security may consider other evidence
related to the conviction that clearly
establishes that the conduct for which the
alien was engaged constitutes a ground of
deportability.''.
TITLE IV--VISA SECURITY
SEC. 401. CANCELLATION OF ADDITIONAL VISAS.
(a) In General.--Section 222(g) of the Immigration and Nationality
Act (8 U.S.C. 1202(g)) is amended--
(1) in paragraph (1)--
(A) by striking ``Attorney General'' and inserting
``Secretary''; and
(B) by inserting ``and any other nonimmigrant visa
issued by the United States that is in the possession
of the alien'' after ``such visa''; and
(2) in paragraph (2)(A), by striking ``(other than the visa
described in paragraph (1)) issued in a consular office located
in the country of the alien's nationality'' and inserting
``(other than a visa described in paragraph (1)) issued in a
consular office located in the country of the alien's
nationality or foreign residence''.
(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
a visa issued before, on, or after such date.
SEC. 402. VISA INFORMATION SHARING.
(a) In General.--Section 222(f) of the Immigration and Nationality
Act (8 U.S.C. 1202(f)(2)) is amended--
(1) by striking ``issuance or refusal'' and inserting
``issuance, refusal, or revocation'';
(2) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``and on the basis of reciprocity'';
(3) in paragraph (2)(A)--
(A) by inserting ``(i)'' after ``for the purpose
of''; and
(B) by striking ``illicit weapons; or'' and
inserting ``illicit weapons, or (ii) determining a
person's deportability or eligibility for a visa,
admission, or other immigration benefit;'';
(4) in paragraph (2)(B)--
(A) by striking ``for the purposes'' and inserting
``for one of the purposes''; and
(B) by striking ``or to deny visas to persons who
would be inadmissible to the United States.'' and
inserting ``; or''; and
(5) in paragraph (2), by adding at the end the following:
``(C) with regard to any or all aliens in the
database specified data elements from each record, if
the Secretary of State determines that it is in the
national interest to provide such information to a
foreign government.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect 60 days after the date of the enactment of the Act.
SEC. 403. RESTRICTING WAIVER OF VISA INTERVIEWS.
Section 222(h) of the Immigration and Nationality Act (8 U.S.C.
1202(h)(1)(B)) is amended--
(1) in paragraph (1)(C), by inserting ``, in consultation
with the Secretary of Homeland Security,'' after ``if the
Secretary'';
(2) in paragraph (1)(C)(i), by inserting ``, where such
national interest shall not include facilitation of travel of
foreign nationals to the United States, reduction of visa
application processing times, or the allocation of consular
resources'' before the semicolon at the end; and
(3) in paragraph (2)--
(A) by striking ``or'' at the end of subparagraph
(E);
(B) by striking the period at the end of
subparagraph (F) and inserting ``; or''; and
(C) by adding at the end the following:
``(G) is an individual--
``(i) determined to be in a class of aliens
determined by the Secretary of Homeland
Security to be threats to national security;
``(ii) identified by the Secretary of
Homeland Security as a person of concern; or
``(iii) applying for a visa in a visa
category with respect to which the Secretary of
Homeland Security has determined that a waiver
of the visa interview would create a high risk
of degradation of visa program integrity.''.
SEC. 404. AUTHORIZING THE DEPARTMENT OF STATE TO NOT INTERVIEW CERTAIN
INELIGIBLE VISA APPLICANTS.
(a) In General.--Section 222(h)(1) of the Immigration and
Nationality Act (8 U.S.C. 1202(h)(1)) is amended by inserting ``the
alien is determined by the Secretary of State to be ineligible for a
visa based upon review of the application or'' after ``unless''.
(b) Guidance.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall issue guidance to
consular officers on the standards and processes for implementing the
authority to deny visa applications without interview in cases where
the alien is determined by the Secretary of State to be ineligible for
a visa based upon review of the application.
(c) Reports.--Not less frequently than once each quarter, the
Secretary of State shall submit to the Congress a report on the denial
of visa applications without interview, including--
(1) the number of such denials; and
(2) a post-by-post breakdown of such denials.
SEC. 405. VISA REFUSAL AND REVOCATION.
(a) Authority of the Secretary of Homeland Security and the
Secretary of State.--
(1) In general.--Section 428 of the Homeland Security Act
of 2002 (6 U.S.C. 236) is amended by striking subsections (b)
and (c) and inserting the following:
``(b) Authority of the Secretary of Homeland Security.--
``(1) In general.--Notwithstanding section 104(a) of the
Immigration and Nationality Act (8 U.S.C. 1104(a)) or any other
provision of law, and except as provided in subsection (c) and
except for the authority of the Secretary of State under
subparagraphs (A) and (G) of section 101(a)(15) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)), the
Secretary--
``(A) shall have exclusive authority to issue
regulations, establish policy, and administer and
enforce the provisions of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) and all other
immigration or nationality laws relating to the
functions of consular officers of the United States in
connection with the granting and refusal of a visa; and
``(B) may refuse or revoke any visa to any alien or
class of aliens if the Secretary, or designee,
determines that such refusal or revocation is necessary
or advisable in the security or foreign policy
interests of the United States.
``(2) Effect of revocation.--The revocation of any visa
under paragraph (1)(B)--
``(A) shall take effect immediately; and
``(B) shall automatically cancel any other valid
visa that is in the alien's possession.
``(3) Judicial review.--Notwithstanding any other provision
of law, including section 2241 of title 28, United States Code,
or any other habeas corpus provision, and sections 1361 and
1651 of such title, no court shall have jurisdiction to review
a decision by the Secretary of Homeland Security to refuse or
revoke a visa, and no court shall have jurisdiction to hear any
claim arising from, or any challenge to, such a refusal or
revocation.
``(c) Authority of the Secretary of State.--
``(1) In general.--The Secretary of State may direct a
consular officer to refuse a visa requested by an alien if the
Secretary of State determines such refusal to be necessary or
advisable in the security or foreign policy interests of the
United States.
``(2) Limitation.--No decision by the Secretary of State to
approve a visa may override a decision by the Secretary of
Homeland Security under subsection (b).''.
(2) Conforming amendment.--Section 237(a)(1)(B) of the
Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(B)) is
amended by striking ``under section 221(i)''.
(3) Effective date.--The amendment made by paragraph (1)
shall take effect on the date of the enactment of this Act and
shall apply to visa refusals and revocations occurring before,
on, or after such date.
(b) Technical Corrections to the Homeland Security Act.--Section
428(a) of the Homeland Security Act of 2002 (6 U.S.C. 236(a)) is
amended by--
(1) striking ``subsection'' and inserting ``section''; and
(2) striking ``consular office'' and inserting ``consular
officer''.
SEC. 406. FUNDING FOR THE VISA SECURITY PROGRAM.
(a) In General.--The Department of State and Related Agency
Appropriations Act, 2005 (title IV of division B of Public Law 108-447)
is amended, in the fourth paragraph under the heading ``Diplomatic and
Consular Programs'', by striking ``Beginning'' and all that follows
through the period at the end and inserting the following: ``Beginning
in fiscal year 2005 and thereafter, the Secretary of State is
authorized to charge surcharges related to consular services in support
of enhanced border security that are in addition to the immigrant visa
fees in effect on January 1, 2004: Provided, That funds collected
pursuant to this authority shall be credited to the appropriation for
U.S. Immigration and Customs Enforcement for the fiscal year in which
the fees were collected, and shall be available until expended for the
funding of the Visa Security Program established by the Secretary of
Homeland Security under section 428(e) of the Homeland Security Act of
2002 (Public Law 107-296): Provided further, That such surcharges shall
be 10 percent of the fee assessed on immigrant visa applications.''.
(b) Repayment of Appropriated Funds.--Twenty percent of the funds
collected each fiscal year under the heading ``Diplomatic and Consular
Programs'' in the Department of State and Related Agency Appropriations
Act, 2005 (title IV of division B of Public Law 108-447), as amended by
subsection (a), shall be deposited into the general fund of the
Treasury as repayment of funds appropriated pursuant to section 407(c)
of this Act until the entire appropriated sum has been repaid.
SEC. 407. EXPEDITIOUS EXPANSION OF VISA SECURITY PROGRAM TO HIGH-RISK
POSTS.
(a) In General.--Section 428(i) of the Homeland Security Act of
2002 (6 U.S.C. 236(i)) is amended to read as follows:
``(i) Visa Issuance at Designated High-Risk Posts.--Notwithstanding
any other provision of law, the Secretary of Homeland Security shall
conduct an on-site review of all visa applications and supporting
documentation before adjudication at the top 30 visa-issuing posts
designated jointly by the Secretaries of State and Homeland Security as
high-risk posts.''.
(b) Assignment of Personnel.--Not later than one year after the
date of enactment of this section, the Secretary of Homeland Security
shall assign personnel to the visa-issuing posts referenced in section
428(i) of the Homeland Security Act of 2002 (6 U.S.C. 236(i)), as
amended by this section, and communicate such assignments to the
Secretary of State.
(c) Appropriations.--There is authorized to be appropriated
$60,000,000 for each of the fiscal years 2014 and 2015, which shall be
used to expedite the implementation of section 428(i) of the Homeland
Security Act, as amended by this section.
SEC. 408. EXPEDITED CLEARANCE AND PLACEMENT OF DEPARTMENT OF HOMELAND
SECURITY PERSONNEL AT OVERSEAS EMBASSIES AND CONSULAR
POSTS.
Section 428 of the Homeland Security Act of 2002 (6 U.S.C. 236) is
amended by adding at the end the following:
``(j) Expedited Clearance and Placement of Department of Homeland
Security Personnel at Overseas Embassies and Consular Posts.--
Notwithstanding any other provision of law, and the processes set forth
in National Security Defense Directive 38 (dated June 2, 1982) or any
successor Directive, the Chief of Mission of a post to which the
Secretary of Homeland Security has assigned personnel under subsection
(e) or (i) shall ensure, not later than one year after the date on
which the Secretary of Homeland Security communicates such assignment
to the Secretary of State, that such personnel have been stationed and
accommodated at post and are able to carry out their duties.''.
SEC. 409. ACCREDITATION REQUIREMENTS.
(a) Colleges, Universities, and Language Training Programs.--
Section 101(a) of the Immigration and Nationality Act (8 U.S.C.
1101(a)) is amended--
(1) in paragraph (15)(F)(i)--
(A) by striking ``section 214(l) at an established
college, university, seminary, conservatory, academic
high school, elementary school, or other academic
institution or in an accredited language training
program in the United States'' and inserting ``section
214(m) at an accredited college, university, or
language training program, or at an established
seminary, conservatory, academic high school,
elementary school, or other academic institution in the
United States'';
(B) by striking ``Attorney General'' each place
such term appears and inserting ``Secretary of Homeland
Security''; and
(C) by striking ``and if any such institution of
learning or place of study fails to make reports
promptly the approval shall be withdrawn,'' and
inserting ``and if any such institution of learning of
place of study fails to make reports promptly or fails
to comply with any accreditation requirement (including
deadlines for submitting accreditation applications or
obtaining accreditation) the approval shall be
withdrawn,''; and
(2) by amending paragraph (52) to read as follows:
``(52) Except as provided in section 214(m)(4), the term
`accredited college, university, or language training program' means a
college, university, or language training program that is accredited by
an accrediting agency recognized by the Secretary of Education.''.
(b) Other Academic Institutions.--Section 214(m) of the Immigration
and Nationality Act (8 U.S.C. 1184(m)) is amended by adding at the end
the following:
``(3) The Secretary of Homeland Security shall require
accreditation of an academic institution (except for seminaries or
other religious institutions) for purposes of section 101(a)(15)(F)
if--
``(A) that institution is not already required to be
accredited under section 101(a)(15)(F)(i); and
``(B) an appropriate accrediting agency recognized by the
Secretary of Education is able to provide such accreditation.
``(4) The Secretary of Homeland Security, in the Secretary's
discretion, may waive the accreditation requirement in paragraph (3) or
section 101(a)(15)(F)(i) with respect to an institution if such
institution--
``(A) is otherwise in compliance with the requirements of
section 101(a)(15)(F)(i); and
``(B) has been a candidate for accreditation for at least 1
year and continues to progress toward accreditation by an
accrediting agency recognized by the Secretary of Education.''.
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall--
(A) take effect on the date that is 180 days after
the date of enactment of this Act; and
(B) apply with respect to applications for
nonimmigrant visas that are filed on or after the
effective date described in subparagraph (A).
(2) Temporary exception.--During the 3-year period
beginning on the effective date described in paragraph (1)(A),
an institution that is newly required to be accredited under
this section may continue to participate in the Student and
Exchange Visitor Program notwithstanding the institution's lack
of accreditation if the institution--
(A) was certified under the Student and Exchange
Visitor Program on such date;
(B) submitted an application for accreditation to
an accrediting agency recognized by the Secretary of
Education during the 6-month period ending on such
date; and
(C) continues to progress toward accreditation by
such accrediting agency.
SEC. 410. VISA FRAUD.
(a) Temporary Suspension of SEVIS Access.--Section 641(d) of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1372(d)) is amended--
(1) in paragraph (1)(A), by striking ``institution,,'' and
inserting ``institution,''; and
(2) by adding at the end the following:
``(3) Effect of reasonable suspicion of fraud.--If the
Secretary of Homeland Security has reasonable suspicion that an
owner of, or a designated school official at, an approved
institution of higher education, an other approved educational
institution, or a designated exchange visitor program has
committed fraud or attempted to commit fraud relating to any
aspect of the Student and Exchange Visitor Program, the
Secretary may immediately suspend, without notice, such
official's or such school's access to the Student and Exchange
Visitor Information System (SEVIS), including the ability to
issue Form I-20s, pending a final determination by the
Secretary with respect to the institution's certification under
the Student and Exchange Visitor Program.''.
(b) Effect of Conviction for Visa Fraud.--Such section 641(d), as
amended by subsection (a)(2), is further amended by adding at the end
the following:
``(4) Permanent disqualification for fraud.--A designated
school official at, or an owner of, an approved institution of
higher education, an other approved educational institution, or
a designated exchange visitor program who is convicted for
fraud relating to any aspect of the Student and Exchange
Visitor Program shall be permanently disqualified from filing
future petitions and from having an ownership interest or a
management role, including serving as a principal, owner,
officer, board member, general partner, designated school
official, or any other position of substantive authority for
the operations or management of the institution, in any United
States educational institution that enrolls nonimmigrant alien
students described in subparagraph (F) or (M) of section
101(a)(15) the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)).''.
SEC. 411. BACKGROUND CHECKS.
(a) In General.--Section 641(d) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(d)), as amended
by section 411(b) of this Act, is further amended by adding at the end
the following:
``(5) Background check requirement.--
``(A) In general.--An individual may not serve as a
designated school official or be granted access to
SEVIS unless the individual is a national of the United
States or an alien lawfully admitted for permanent
residence and during the most recent 3-year period--
``(i) the Secretary of Homeland Security
has--
``(I) conducted a thorough
background check on the individual,
including a review of the individual's
criminal and sex offender history and
the verification of the individual's
immigration status; and
``(II) determined that the
individual has not been convicted of
any violation of United States
immigration law and is not a risk to
national security of the United States;
and
``(ii) the individual has successfully
completed an on-line training course on SEVP
and SEVIS, which has been developed by the
Secretary.
``(B) Interim designated school official.--
``(i) In general.--An individual may serve
as an interim designated school official during
the period that the Secretary is conducting the
background check required by subparagraph
(A)(i)(I).
``(ii) Reviews by the secretary.--If an
individual serving as an interim designated
school official under clause (i) does not
successfully complete the background check
required by subparagraph (A)(i)(I), the
Secretary shall review each Form I-20 issued by
such interim designated school official.
``(6) Fee.--The Secretary is authorized to collect a fee
from an approved school for each background check conducted
under paragraph (6)(A)(i). The amount of such fee shall be
equal to the average amount expended by the Secretary to
conduct such background checks.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is 1 year after the date of the enactment
of this Act.
SEC. 412. NUMBER OF DESIGNATED SCHOOL OFFICIALS.
Section 641(d) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1372(d)), as amended by section
412(a) of this Act, is further amended by adding at the end the
following:
``(7) Number of designated school officials.--School
officials may nominate as many Designated School Officials
(DSOs) in addition to the school's Principal Designated School
Official (PDSO) as they determine necessary to adequately
provide recommendations to students enrolled at the school
regarding maintenance of nonimmigrant status under subparagraph
(F) or (M) of section 101(a)(15) and to support timely and
complete recordkeeping and reporting to the Secretary of
Homeland Security, as required by this section, except that a
school may not have less than one DSO per every 200 students
who have nonimmigrant status pursuant to subparagraph (F), (J),
or (M) of such section. School officials shall not permit a DSO
or PDSO nominee access to SEVIS until the Secretary approves
the nomination.''.
SEC. 413. REPORTING REQUIREMENT.
Section 442(a) of the Homeland Security Act of 2002 (6 U.S.C.
252(a)) is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following:
``(5) Student and exchange visitor program.--In
administering the program under paragraph (4), the Secretary
shall, not later than one year after the date of the enactment
of this paragraph, prescribe regulations to require an
institution or exchange visitor program sponsor participating
in the Student Exchange Visitor Program to ensure that each
student or exchange visitor who has nonimmigrant status
pursuant to subparagraph (F), (J), or (M) of section 101(a)(15)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15))
enrolled at the institution or attending the exchange visitor
program is reported to the Department within 10 days of--
``(A) transferring to another institution or
program;
``(B) changing academic majors; or
``(C) any other changes to information required to
be maintained in the system described in paragraph
(4).''.
SEC. 414. FLIGHT SCHOOLS NOT CERTIFIED BY FAA.
(a) In General.--Except as provided in subsection (b), the
Secretary of Homeland Security shall prohibit any flight school in the
United States from accessing SEVIS or issuing a Form I-20 to an alien
seeking a student visa pursuant to subparagraph (F)(i) or (M)(i) of
section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)) if the flight school has not been certified to the
satisfaction of the Secretary and by the Federal Aviation
Administration pursuant to part 141 or part 142 of title 14, Code of
Federal Regulations (or similar successor regulations).
(b) Temporary Exception.--During the 5-year period beginning on the
date of the enactment of this Act, the Secretary may waive the
requirement under subsection (a) that a flight school be certified by
the Federal Aviation Administration if such flight school--
(1) was certified under the Student and Exchange Visitor
Program on the date of the enactment of this Act;
(2) submitted an application for certification with the
Federal Aviation Administration during the 1-year period
beginning on such date; and
(3) continues to progress toward certification by the
Federal Aviation Administration.
SEC. 415. REVOCATION OF ACCREDITATION.
At the time an accrediting agency or association is required to
notify the Secretary of Education and the appropriate State licensing
or authorizing agency of the final denial, withdrawal, suspension, or
termination of accreditation of an institution pursuant to section 496
of the Higher Education Act of 1965 (20 U.S.C. 1099b), such accrediting
agency or association shall notify the Secretary of Homeland Security
of such determination and the Secretary of Homeland Security shall
immediately withdraw the school from the SEVP and prohibit the school
from accessing SEVIS.
SEC. 416. REPORT ON RISK ASSESSMENT.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Homeland Security shall submit to the Committee
on the Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives a report that contains the risk assessment
strategy that will be employed by the Secretary to identify,
investigate, and take appropriate action against schools and school
officials that are facilitating the issuance of Form I-20 and the
maintenance of student visa status in violation of the immigration laws
of the United States.
SEC. 417. IMPLEMENTATION OF GAO RECOMMENDATIONS.
Not later than 180 days after the date of the enactment of this
act, the Secretary of Homeland Security shall submit to the Committee
on the Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives a report that describes--
(1) the process in place to identify and assess risks in
the SEVP;
(2) a risk assessment process to allocate SEVP's resources
based on risk;
(3) the procedures in place for consistently ensuring a
school's eligibility, including consistently verifying in lieu
of letters;
(4) how SEVP identified and addressed missing school case
files;
(5) a plan to develop and implement a process to monitor
State licensing and accreditation status of all SEVP-certified
schools;
(6) whether all flight schools that have not been certified
to the satisfaction of the Secretary and by the Federal
Aviation Administration have been removed from the program and
have been restricted from accessing SEVIS;
(7) the standard operating procedures that govern
coordination among SEVP, Counterterrorism and Criminal
Exploitation Unit, and U.S. Immigration and Customs Enforcement
field offices; and
(8) the established criteria for referring cases of a
potentially criminal nature from SEVP to the counterterrorism
and intelligence community.
SEC. 418. IMPLEMENTATION OF SEVIS II.
Not later than 2 years after the date of the enactment of this Act,
the Secretary of Homeland Security shall complete the deployment of
both phases of the 2nd generation Student and Exchange Visitor
Information System (commonly known as ``SEVIS II'').
SEC. 419. DEFINITIONS.
(a) Definitions.--For purposes of this title:
(1) SEVIS.--The term ``SEVIS'' means the Student and
Exchange Visitor Information System of the Department of
Homeland Security.
(2) SEVP.--The term ``SEVP'' means the Student and Exchange
Visitor Program of the Department of Homeland Security.
TITLE V--AID TO U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT OFFICERS
SEC. 501. ICE IMMIGRATION ENFORCEMENT AGENTS.
(a) In General.--The Secretary of Homeland Security shall authorize
all immigration enforcement agents and deportation officers of the
Department of Homeland Security who have successfully completed basic
immigration law enforcement training to exercise the powers conferred
by--
(1) section 287(a)(5)(A) of the Immigration and Nationality
Act to arrest for any offense against the United States;
(2) section 287(a)(5)(B) of such Act to arrest for any
felony;
(3) section 274(a) of such Act to arrest for bringing in,
transporting, or harboring certain aliens, or inducing them to
enter;
(4) section 287(a) of such Act to execute warrants of
arrest for administrative immigration violations issued under
section 236 of the Act or to execute warrants of criminal
arrest issued under the authority of the United States; and
(5) section 287(a) of such Act to carry firearms, provided
that they are individually qualified by training and experience
to handle and safely operate the firearms they are permitted to
carry, maintain proficiency in the use of such firearms, and
adhere to the provisions of the enforcement standard governing
the use of force.
(b) Arrest Powers.--Section 287(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1357(a)(2)) is amended by striking
``regulation and is likely to escape before a warrant can be obtained
for his arrest,'' and inserting ``regulation,''.
(c) Pay.--Immigration enforcement agents shall be paid on the same
scale as Immigration and Customs Enforcement deportation officers and
shall receive the same benefits.
SEC. 502. ICE DETENTION ENFORCEMENT OFFICERS.
(a) Authorization.--The Secretary of Homeland Security is
authorized to hire 2,500 Immigration and Customs Enforcement detention
enforcement officers.
(b) Duties.--Immigration and Customs Enforcement detention
enforcement officers who have successfully completed detention
enforcement officers' basic training shall be responsible for--
(1) taking and maintaining custody of any person who has
been arrested by an immigration officer;
(2) transporting and guarding immigration detainees;
(3) securing Department of Homeland Security detention
facilities; and
(4) assisting in the processing of detainees.
SEC. 503. ENSURING THE SAFETY OF ICE OFFICERS AND AGENTS.
(a) Body Armor.--The Secretary of Homeland Security shall ensure
that every Immigration and Customs Enforcement deportation officer and
immigration enforcement agent on duty is issued high-quality body armor
that is appropriate for the climate and risks faced by the agent.
Enough body armor must be purchased to cover every agent in the field.
(b) Weapons.--Such Secretary shall ensure that Immigration and
Customs Enforcement deportation officers and immigration enforcement
agents are equipped with weapons that are reliable and effective to
protect themselves, their fellow agents, and innocent third parties
from the threats posed by armed criminals. Such weapons shall include,
at a minimum, standard-issue handguns, M-4 (or equivalent) rifles, and
Tasers.
(c) Effective Date.--This section shall take effect 90 days after
the date of the enactment of this Act.
SEC. 504. ICE ADVISORY COUNCIL.
(a) Establishment.--An ICE Advisory Council shall be established
not later than 3 months after the date of the enactment of this Act.
(b) Membership.--The ICE Advisor Council shall be comprised of 7
members.
(c) Appointment.--Members shall to be appointed in the following
manner:
(1) One member shall be appointed by the President.
(2) One member shall be appointed by the Chairman of the
Judiciary Committee of the House of Representatives.
(3) One member shall be appointed by the Chairman of the
Judiciary Committee of the Senate.
(4) One member shall be appointed by the Local 511, the ICE
prosecutor's union.
(5) Three members shall be appointed by the National
Immigration and Customs Enforcement Council.
(d) Term.--Members shall serve renewable, 2-year terms.
(e) Voluntary.--Membership shall be voluntary and non-remunerated,
except that members will receive reimbursement from the Secretary of
Homeland Security for travel and other related expenses.
(f) Retaliation Protection.--Members who are employed by the
Secretary of Homeland Security shall be protected from retaliation by
their supervisors, managers, and other Department of Homeland Security
employees for their participation on the Council.
(g) Purpose.--The purpose of the Council is to advise the Congress
and the Secretary of Homeland Security on issues including the
following:
(1) The current status of immigration enforcement efforts,
including prosecutions and removals, the effectiveness of such
efforts, and how enforcement could be improved.
(2) The effectiveness of cooperative efforts between the
Secretary of Homeland Security and other law enforcement
agencies, including additional types of enforcement activities
that the Secretary should be engaged in, such as State and
local criminal task forces.
(3) Personnel, equipment, and other resource needs of field
personnel.
(4) Improvements that should be made to the organizational
structure of the Department of Homeland Security, including
whether the position of immigration enforcement agent should be
merged into the deportation officer position.
(5) The effectiveness of specific enforcement policies and
regulations promulgated by the Secretary of Homeland Security,
and whether other enforcement priorities should be considered.
(h) Reports.--The Council shall provide quarterly reports to the
Chairmen and Ranking Members of the Judiciary Committees of the Senate
and the House of Representatives and to the Secretary of Homeland
Security. The Council members shall meet directly with the Chairmen and
Ranking Members (or their designated representatives) and with the
Secretary to discuss their reports every 6 months.
SEC. 505. PILOT PROGRAM FOR ELECTRONIC FIELD PROCESSING.
(a) In General.--The Secretary of Homeland Security shall establish
a pilot program in at least five of the ten Immigration and Customs
Enforcement field offices with the largest removal caseloads to allow
Immigration and Customs deportation officers and immigration
enforcement agents to--
(1) electronically process and serve charging documents,
including Notices to Appear, while in the field; and
(2) electronically process and place detainers while in the
field.
(b) Duties.--The pilot program described in subsection (a) shall be
designed to allow deportation officers and immigration enforcement
agents to use handheld or vehicle-mounted computers to--
(1) enter any required data, including personal information
about the alien subject and the reason for issuing the
document;
(2) apply the electronic signature of the issuing officer
or agent;
(3) set the date the alien is required to appear before an
immigration judge, in the case of Notices to Appear;
(4) print any documents the alien subject may be required
to sign, along with additional copies of documents to be served
on the alien; and
(5) interface with the ENFORCE database so that all data is
stored and retrievable.
(c) Construction.--The pilot program described in subsection (a)
shall be designed to replace, to the extent possible, the current
paperwork and data-entry process used for issuing such charging
documents and detainers.
(d) Deadline.--The Secretary shall initiate the pilot program
described in subsection (a) within 6 months of the date of enactment of
this Act.
(e) Report.--The Government Accountability Office shall report to
the Judiciary Committee of the Senate and the House of Representatives
no later than 18 months after the date of enactment of this Act on the
effectiveness of the pilot program and provide recommendations for
improving it.
(f) Advisory Council.--The ICE Advisory Council established by
section 504 shall include recommendations on how the pilot program
should work in the first quarterly report of the Council, and shall
include assessments of the program and recommendations for improvement
in each subsequent report.
(g) Effective Date.--This section shall take effect 180 days after
the date of the enactment of this Act.
SEC. 506. ADDITIONAL ICE DEPORTATION OFFICERS AND SUPPORT STAFF.
(a) In General.--The Secretary of Homeland Security shall, subject
to the availability of appropriations for such purpose, increase the
number of positions for full-time active-duty Immigration and Customs
Enforcement deportation officers by 5,000 above the number of full-time
positions for which funds were appropriated for fiscal year 2013. The
Secretary will determine the rate at which the additional officers will
be added with due regard to filling the positions as expeditiously as
possible without making any compromises in the selection or the
training of the additional officers.
(b) Support Staff.--The Secretary shall, subject to the
availability of appropriations for such purpose, increase the number of
positions for full-time support staff for Immigration and Customs
Enforcement deportation officers by 700 above the number of full-time
positions for which funds were appropriated for fiscal year 2013.
SEC. 507. ADDITIONAL ICE PROSECUTORS.
The Secretary of Homeland Security shall increase by 60 the number
of full-time trial attorneys working for the Immigration and Customs
Enforcement Office of the Principal Legal Advisor.
TITLE VI--MISCELLANEOUS ENFORCEMENT PROVISIONS
SEC. 601. TIMELY REPATRIATION.
(a) Listing of Countries.--Beginning on the date that is 6 months
after the date of enactment of this Act, and every 6 months thereafter,
the Secretary of Homeland Security shall publish a report including the
following:
(1) A list of the following:
(A) Countries that have refused or unreasonably
delayed repatriation of an alien who is a national of
that country since the date of enactment of this Act
and the total number of such aliens, disaggregated by
nationality.
(B) Countries that have an excessive repatriation
failure rate.
(2) A list of each country that was included under
subparagraph (B) or (C) of paragraph (1) in both the report
preceding the current report and the current report.
(b) Sanctions.--Beginning on the date that a country is included in
a list under subsection (a)(2) and ending on the date that that country
is not included in such list, that country shall be subject to the
following:
(1) The Secretary of State may not issue visas under
section 101(a)(15)(A)(iii) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(A)(iii)) to attendants, servants,
personal employees, and members of their immediate families, of
the officials and employees of that country who receive
nonimmigrant status under clause (i) or (ii) of section
101(a)(15)(A) of such Act.
(2) Each 6 months thereafter that the country is included
in that list, the Secretary of State shall reduce the number of
visas available under clause (i) or (ii) of section
101(a)(15)(A) of the Immigration and Nationality Act in a
fiscal year to nationals of that country by an amount equal to
10 percent of the baseline visa number for that country. Except
as provided under section 243(d) of the Immigration and
Nationality Act (8 U.S.C. 1253), the Secretary may not reduce
the number to a level below 20 percent of the baseline visa
number.
(c) Waivers.--
(1) National security waiver.--If the Secretary of State
submits to Congress a written determination that significant
national security interests of the United States require a
waiver of the sanctions under subsection (b), the Secretary may
waive any reduction below 80 percent of the baseline visa
number. The Secretary of Homeland Security may not delegate the
authority under this subsection.
(2) Temporary exigent circumstances.--If the Secretary of
State submits to Congress a written determination that
temporary exigent circumstances require a waiver of the
sanctions under subsection (b), the Secretary may waive any
reduction below 80 percent of the baseline visa number during
6-month renewable periods. The Secretary of Homeland Security
may not delegate the authority under this subsection.
(d) Exemption.--The Secretary of Homeland Security, in consultation
with the Secretary of State, may exempt a country from inclusion in a
list under subsection (a)(2) if the total number of nonrepatriations
outstanding is less than 10 for the preceding 3-year period.
(e) Unauthorized Visa Issuance.--Any visa issued in violation of
this section shall be void.
(f) Notice.--If an alien who has been convicted of a criminal
offense before a Federal or State court whose repatriation was refused
or unreasonably delayed is to be released from detention by the
Secretary of Homeland Security, the Secretary shall provide notice to
the State and local law enforcement agency for the jurisdictions in
which the alien is required to report or is to be released. When
possible, and particularly in the case of violent crime, the Secretary
shall make a reasonable effort to provide notice of such release to any
crime victims and their immediate family members.
(g) Definitions.--For purposes of this section:
(1) Refused or unreasonably delayed.--A country is deemed
to have refused or unreasonably delayed the acceptance of an
alien who is a citizen, subject, national, or resident of that
country if, not later than 90 days after receiving a request to
repatriate such alien from an official of the United States who
is authorized to make such a request, the country does not
accept the alien or issue valid travel documents.
(2) Failure rate.--The term ``failure rate'' for a period
means the percentage determined by dividing the total number of
repatriation requests for aliens who are citizens, subjects,
nationals, or residents of a country that that country refused
or unreasonably delayed during that period by the total number
of such requests during that period.
(3) Excessive repatriation failure rate.--The term
``excessive repatriation failure rate'' means, with respect to
a report under subsection (a), a failure rate greater than 10
percent for any of the following:
(A) The period of the 3 full fiscal years preceding
the date of publication of the report.
(B) The period of 1 year preceding the date of
publication of the report.
(4) Number of non-repatriations outstanding.--The term
``number of non-repatriations outstanding'' means, for a
period, the number of unique aliens whose repatriation a
country has refused or unreasonably delayed and whose
repatriation has not occurred during that period.
(5) Baseline visa number.--The term ``baseline visa
number'' means, with respect to a country, the average number
of visas issued each fiscal year to nationals of that country
under clauses (i) and (ii) of section 101(a)(15)(A) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(A)) for
the 3 full fiscal years immediately preceding the first report
under subsection (a) in which that country is included in the
list under subsection (a)(2).
(h) GAO Report.--On the date that is 1 day after the date that the
President submits a budget under section 1105(a) of title 31, United
States Code, for fiscal year 2016, the Comptroller General of the
United States shall submit a report to Congress regarding the progress
of the Secretary of Homeland Security and the Secretary of State in
implementation of this section and in making requests to repatriate
aliens as appropriate.
SEC. 602. ENCOURAGING ALIENS TO DEPART VOLUNTARILY.
(a) In General.--Section 240B of the Immigration and Nationality
Act (8 U.S.C. 1229c) is amended--
(1) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) Instead of removal proceedings.--If an alien is not
described in paragraph (2)(A)(iii) or (4) of section 237(a),
the Secretary of Homeland Security may permit the alien to
voluntarily depart the United States at the alien's own expense
under this subsection instead of being subject to proceedings
under section 240.'';
(B) by striking paragraph (3);
(C) by redesignating paragraph (2) as paragraph
(3);
(D) by adding after paragraph (1) the following:
``(2) Before the conclusion of removal proceedings.--If an
alien is not described in paragraph (2)(A)(iii) or (4) of
section 237(a), the Attorney General may permit the alien to
voluntarily depart the United States at the alien's own expense
under this subsection after the initiation of removal
proceedings under section 240 and before the conclusion of such
proceedings before an immigration judge.'';
(E) in paragraph (3), as redesignated--
(i) by amending subparagraph (A) to read as
follows:
``(A) Instead of removal.--Subject to subparagraph
(C), permission to voluntarily depart under paragraph
(1) shall not be valid for any period in excess of 120
days. The Secretary may require an alien permitted to
voluntarily depart under paragraph (1) to post a
voluntary departure bond, to be surrendered upon proof
that the alien has departed the United States within
the time specified.'';
(ii) by redesignating subparagraphs (B),
(C), and (D) as subparagraphs (C), (D), and
(E), respectively;
(iii) by adding after subparagraph (A) the
following:
``(B) Before the conclusion of removal
proceedings.--Permission to voluntarily depart under
paragraph (2) shall not be valid for any period in
excess of 60 days, and may be granted only after a
finding that the alien has the means to depart the
United States and intends to do so. An alien permitted
to voluntarily depart under paragraph (2) shall post a
voluntary departure bond, in an amount necessary to
ensure that the alien will depart, to be surrendered
upon proof that the alien has departed the United
States within the time specified. An immigration judge
may waive the requirement to post a voluntary departure
bond in individual cases upon a finding that the alien
has presented compelling evidence that the posting of a
bond will pose a serious financial hardship and the
alien has presented credible evidence that such a bond
is unnecessary to guarantee timely departure.'';
(iv) in subparagraph (C), as redesignated,
by striking ``subparagraphs (C) and (D)(ii)''
and inserting ``subparagraphs (D) and
(E)(ii)'';
(v) in subparagraph (D), as redesignated,
by striking ``subparagraph (B)'' each place
that term appears and inserting ``subparagraph
(C)''; and
(vi) in subparagraph (E), as redesignated,
by striking ``subparagraph (B)'' each place
that term appears and inserting ``subparagraph
(C)''; and
(F) in paragraph (4), by striking ``paragraph (1)''
and inserting ``paragraphs (1) and (2)'';
(2) in subsection (b)(2), by striking ``a period exceeding
60 days'' and inserting ``any period in excess of 45 days'';
(3) by amending subsection (c) to read as follows:
``(c) Conditions on Voluntary Departure.--
``(1) Voluntary departure agreement.--Voluntary departure
may only be granted as part of an affirmative agreement by the
alien. A voluntary departure agreement under subsection (b)
shall include a waiver of the right to any further motion,
appeal, application, petition, or petition for review relating
to removal or relief or protection from removal.
``(2) Concessions by the secretary.--In connection with the
alien's agreement to depart voluntarily under paragraph (1),
the Secretary of Homeland Security may agree to a reduction in
the period of inadmissibility under subparagraph (A) or (B)(i)
of section 212(a)(9).
``(3) Advisals.--Agreements relating to voluntary departure
granted during removal proceedings under section 240, or at the
conclusion of such proceedings, shall be presented on the
record before the immigration judge. The immigration judge
shall advise the alien of the consequences of a voluntary
departure agreement before accepting such agreement.
``(4) Failure to comply with agreement.--
``(A) In general.--If an alien agrees to voluntary
departure under this section and fails to depart the
United States within the time allowed for voluntary
departure or fails to comply with any other terms of
the agreement (including failure to timely post any
required bond), the alien is--
``(i) ineligible for the benefits of the
agreement;
``(ii) subject to the penalties described
in subsection (d); and
``(iii) subject to an alternate order of
removal if voluntary departure was granted
under subsection (a)(2) or (b).
``(B) Effect of filing timely appeal.--If, after
agreeing to voluntary departure, the alien files a
timely appeal of the immigration judge's decision
granting voluntary departure, the alien may pursue the
appeal instead of the voluntary departure agreement.
Such appeal operates to void the alien's voluntary
departure agreement and the consequences of such
agreement, but precludes the alien from another grant
of voluntary departure while the alien remains in the
United States.
``(5) Voluntary departure period not affected.--Except as
expressly agreed to by the Secretary in writing in the exercise
of the Secretary's discretion before the expiration of the
period allowed for voluntary departure, no motion, appeal,
application, petition, or petition for review shall affect,
reinstate, enjoin, delay, stay, or toll the alien's obligation
to depart from the United States during the period agreed to by
the alien and the Secretary.'';
(4) by amending subsection (d) to read as follows:
``(d) Penalties for Failure To Depart.--If an alien is permitted to
voluntarily depart under this section and fails to voluntarily depart
from the United States within the time period specified or otherwise
violates the terms of a voluntary departure agreement, the alien will
be subject to the following penalties:
``(1) Civil penalty.--The alien shall be liable for a civil
penalty of $3,000. The order allowing voluntary departure shall
specify this amount, which shall be acknowledged by the alien
on the record. If the Secretary thereafter establishes that the
alien failed to depart voluntarily within the time allowed, no
further procedure will be necessary to establish the amount of
the penalty, and the Secretary may collect the civil penalty at
any time thereafter and by whatever means provided by law. An
alien will be ineligible for any benefits under this chapter
until this civil penalty is paid.
``(2) Ineligibility for relief.--The alien shall be
ineligible during the time the alien remains in the United
States and for a period of 10 years after the alien's departure
for any further relief under this section and sections 240A,
245, 248, and 249. The order permitting the alien to depart
voluntarily shall inform the alien of the penalties under this
subsection.
``(3) Reopening.--The alien shall be ineligible to reopen
the final order of removal that took effect upon the alien's
failure to depart, or upon the alien's other violations of the
conditions for voluntary departure, during the period described
in paragraph (2). This paragraph does not preclude a motion to
reopen to seek withholding of removal under section 241(b)(3)
or protection against torture, if the motion--
``(A) presents material evidence of changed country
conditions arising after the date of the order granting
voluntary departure in the country to which the alien
would be removed; and
``(B) makes a sufficient showing to the
satisfaction of the Attorney General that the alien is
otherwise eligible for such protection.'';
(5) by amending subsection (e) to read as follows:
``(e) Eligibility.--
``(1) Prior grant of voluntary departure.--An alien shall
not be permitted to voluntarily depart under this section if
the Secretary of Homeland Security or the Attorney General
previously permitted the alien to depart voluntarily.
``(2) Rulemaking.--The Secretary may promulgate regulations
to limit eligibility or impose additional conditions for
voluntary departure under subsection (a)(1) for any class of
aliens. The Secretary or Attorney General may by regulation
limit eligibility or impose additional conditions for voluntary
departure under subsections (a)(2) or (b) of this section for
any class or classes of aliens.''; and
(6) in subsection (f), by adding at the end the following:
``Notwithstanding section 242(a)(2)(D) of this Act, sections
1361, 1651, and 2241 of title 28, United States Code, any other
habeas corpus provision, and any other provision of law
(statutory or nonstatutory), no court shall have jurisdiction
to affect, reinstate, enjoin, delay, stay, or toll the period
allowed for voluntary departure under this section.''.
(b) Rulemaking.--The Secretary shall within one year of the date of
enactment of this Act promulgate regulations to provide for the
imposition and collection of penalties for failure to depart under
section 240B(d) of the Immigration and Nationality Act (8 U.S.C.
1229c(d)).
(c) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply with respect to all
orders granting voluntary departure under section 240B of the
Immigration and Nationality Act (8 U.S.C. 1229c) made on or
after the date that is 180 days after the enactment of this
Act.
(2) Exception.--The amendment made by subsection (a)(6)
shall take effect on the date of the enactment of this Act and
shall apply with respect to any petition for review which is
filed on or after such date.
SEC. 603. DETERRING ALIENS ORDERED REMOVED FROM REMAINING IN THE UNITED
STATES UNLAWFULLY.
(a) Inadmissible Aliens.--Section 212(a)(9)(A) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(9)(A)) is amended--
(1) in clause (i), by striking ``seeks admission within 5
years of the date of such removal (or within 20 years'' and
inserting ``seeks admission not later than 5 years after the
date of the alien's removal (or not later than 20 years after
the alien's removal''; and
(2) in clause (ii), by striking ``seeks admission within 10
years of the date of such alien's departure or removal (or
within 20 years of'' and inserting ``seeks admission not later
than 10 years after the date of the alien's departure or
removal (or not later than 20 years after''.
(b) Bar on Discretionary Relief.--Section 274D of such Act (8
U.S.C. 324d) is amended--
(1) in subsection (a), by striking ``Commissioner'' and
inserting ``Secretary of Homeland Security''; and
(2) by adding at the end the following:
``(c) Ineligibility for Relief.--
``(1) In general.--Unless a timely motion to reopen is
granted under section 240(c)(6), an alien described in
subsection (a) shall be ineligible for any discretionary relief
from removal (including cancellation of removal and adjustment
of status) during the time the alien remains in the United
States and for a period of 10 years after the alien's departure
from the United States.
``(2) Savings provision.--Nothing in paragraph (1) shall
preclude a motion to reopen to seek withholding of removal
under section 241(b)(3) or protection against torture, if the
motion--
``(A) presents material evidence of changed country
conditions arising after the date of the final order of
removal in the country to which the alien would be
removed; and
``(B) makes a sufficient showing to the
satisfaction of the Attorney General that the alien is
otherwise eligible for such protection.''.
(c) Effective Dates.--The amendments made by this section shall
take effect on the date of the enactment of this Act with respect to
aliens who are subject to a final order of removal entered before, on,
or after such date.
SEC. 604. REINSTATEMENT OF REMOVAL ORDERS.
(a) In General.--Section 241(a)(5) of the Immigration and
Nationality Act (8 U.S.C. 1231(a)(5)) is amended to read as follows:
``(5) Reinstatement of removal orders against aliens
illegally reentering.--If the Secretary of Homeland Security
finds that an alien has entered the United States illegally
after having been removed, deported, or excluded or having
departed voluntarily, under an order of removal, deportation,
or exclusion, regardless of the date of the original order or
the date of the illegal entry--
``(A) the order of removal, deportation, or
exclusion is reinstated from its original date and is
not subject to being reopened or reviewed
notwithstanding section 242(a)(2)(D);
``(B) the alien is not eligible and may not apply
for any relief under this Act, regardless of the date
that an application or request for such relief may have
been filed or made; and
``(C) the alien shall be removed under the order of
removal, deportation, or exclusion at any time after
the illegal entry.
Reinstatement under this paragraph shall not require
proceedings under section 240 or other proceedings before an
immigration judge.''.
(b) Judicial Review.--Section 242 of the Immigration and
Nationality Act (8 U.S.C. 1252) is amended by adding at the end the
following:
``(h) Judicial Review of Reinstatement Under Section 241(a)(5).--
``(1) Review of reinstatement.--Judicial review of
determinations under section 241(a)(5) is available in an
action under subsection (a).
``(2) No review of original order.--Notwithstanding any
other provision of law (statutory or nonstatutory), including
section 2241 of title 28, United States Code, any other habeas
corpus provision, or sections 1361 and 1651 of such title, no
court shall have jurisdiction to review any cause or claim,
arising from, or relating to, any challenge to the original
order.''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect as if enacted on April 1, 1997, and shall apply to
all orders reinstated or after that date by the Secretary of Homeland
Security (or by the Attorney General prior to March 1, 2003),
regardless of the date of the original order.
SEC. 605. CLARIFICATION WITH RESPECT TO DEFINITION OF ADMISSION.
Section 101(a)(13)(A) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(13)(A)) is amended by adding at the end the following:
``An alien's adjustment of status to that of lawful permanent resident
status under any provision of this Act, or under any other provision of
law, shall be considered an `admission' for any purpose under this Act,
even if the adjustment of status occurred while the alien was present
in the United States.''.
SEC. 606. REPORTS TO CONGRESS ON THE EXERCISE AND ABUSE OF
PROSECUTORIAL DISCRETION.
(a) In General.--Not later than 180 days after the end of each
fiscal year, the Secretary of Homeland Security and the Attorney
General shall each provide to the Committees on the Judiciary of the
House of Representatives and of the Senate a report on the following:
(1) Aliens apprehended or arrested by State or local law
enforcement agencies who were identified by the Department of
Homeland Security in the previous fiscal year and for whom the
Department of Homeland Security did not issue detainers and did
not take into custody despite the Department of Homeland
Security's findings that the aliens were inadmissible or
deportable.
(2) Aliens who were applicants for admission in the
previous fiscal year but not clearly and beyond a doubt
entitled to be admitted by an immigration officer and who were
not detained as required pursuant to section 235(b)(2)(A) of
the Immigration and Nationality Act (8 U.S.C. 1225(b)(2)(A)).
(3) Aliens who in the previous fiscal year were found by
Department of Homeland Security officials performing duties
related to the adjudication of applications for immigration
benefits or the enforcement of the immigration laws to be
inadmissible or deportable who were not issued notices to
appear pursuant to section 239 of such Act (8 U.S.C. 1229) or
placed into removal proceedings pursuant to section 240 (8
U.S.C. 1229a), unless the aliens were placed into expedited
removal proceedings pursuant to section 235(b)(1)(A)(i) (8
U.S.C. 1225(b)(1)(A)(5)) or section 238 (8 U.S.C. 1228), were
granted voluntary departure pursuant to section 240B, were
granted relief from removal pursuant to statute, were granted
legal nonimmigrant or immigrant status pursuant to statute, or
were determined not to be inadmissible or deportable.
(4) Aliens issued notices to appear that were cancelled in
the previous fiscal year despite the Department of Homeland
Security's findings that the aliens were inadmissible or
deportable, unless the aliens were granted relief from removal
pursuant to statute, were granted voluntary departure pursuant
to section 240B of such Act (8 U.S.C. 1229c), or were granted
legal nonimmigrant or immigrant status pursuant to statute.
(5) Aliens who were placed into removal proceedings, whose
removal proceedings were terminated in the previous fiscal year
prior to their conclusion, unless the aliens were granted
relief from removal pursuant to statute, were granted voluntary
departure pursuant to section 240B, were granted legal
nonimmigrant or immigrant status pursuant to statute, or were
determined not to be inadmissible or deportable.
(6) Aliens granted parole pursuant to section 212(d)(5)(A)
of such Act (8 U.S.C. 1182(d)(5)(A)).
(7) Aliens granted deferred action, extended voluntary
departure or any other type of relief from removal not
specified in the Immigration and Nationality Act or where
determined not to be inadmissible or deportable.
(b) Contents of Report.--The report shall include a listing of each
alien described in each paragraph of subsection (a), including when in
the possession of the Department of Homeland Security their names,
fingerprint identification numbers, alien registration numbers, and
reason why each was granted the type of prosecutorial discretion
received. The report shall also include current criminal histories on
each alien from the Federal Bureau of Investigation.
SEC. 607. CERTAIN ACTIVITIES RESTRICTED.
(a) In General.--
(1) No funds, resources, or fees made available to the
Secretary of Homeland Security, or to any other official of a
Federal agency, by this Act or any other Act for any fiscal
year, including any deposits into the ``Immigration
Examinations Fee Account'' established under section 286(m) of
the Immigration and Nationality Act (8 U.S.C. 1356(m)), may be
used to implement, administer, enforce, or carry out (including
through the issuance of any regulations) any of the policy
changes set forth in the following memoranda (or any
substantially similar policy changes issued or taken on or
after January 9, 2015, whether set forth in memorandum,
Executive order, regulation, directive, or by other action):
(A) The memorandum from the Director of United
States Immigration and Customs Enforcement entitled
``Civil Immigration Enforcement: Priorities for the
Apprehension, Detention, and Removal of Aliens'' dated
March 2, 2011.
(B) The memorandum from the Director of United
States Immigration and Customs Enforcement entitled
``Exercising Prosecutorial Discretion Consistent with
the Civil Immigration Enforcement Priorities of the
Agency for the Apprehension, Detention, and Removal of
Aliens'' dated June 17, 2011.
(C) The memorandum from the Principal Legal Advisor
of United States Immigration and Customs Enforcement
entitled ``Case-by-Case Review of Incoming and Certain
Pending Cases'' dated November 17, 2011.
(D) The memorandum from the Director of United
States Immigration and Customs Enforcement entitled
``Civil Immigration Enforcement: Guidance on the Use of
Detainers in the Federal, State, Local, and Tribal
Criminal Justice Systems'' dated December 21, 2012.
(E) The memorandum from the Secretary of Homeland
Security entitled ``Southern Border and Approaches
Campaign'' dated November 20, 2014.
(F) The memorandum from the Secretary of Homeland
Security entitled ``Policies for the Apprehension,
Detention and Removal of Undocumented Immigrants''
dated November 20, 2014.
(G) The memorandum from the Secretary of Homeland
Security entitled ``Secure Communities'' dated November
20, 2014.
(H) The memorandum from the Secretary of Homeland
Security entitled ``Exercising Prosecutorial Discretion
with Respect to Individuals Who Came to the United
States as Children and with Respect to Certain
Individuals Who Are the Parents of U.S. Citizens or
Permanent Residents'' dated November 20, 2014.
(I) The memorandum from the Secretary of Homeland
Security entitled ``Expansion of the Provisional Waiver
Program'' dated November 20, 2014.
(J) The memorandum from the Secretary of Homeland
Security entitled ``Policies Supporting U.S. High-
Skilled Businesses and Workers'' dated November 20,
2014.
(K) The memorandum from the Secretary of Homeland
Security entitled ``Families of U.S. Armed Forces
Members and Enlistees'' dated November 20, 2014.
(L) The memorandum from the Secretary of Homeland
Security entitled ``Directive to Provide Consistency
Regarding Advance Parole'' dated November 20, 2014.
(M) The memorandum from the Secretary of Homeland
Security entitled ``Policies to Promote and Increase
Access to U.S. Citizenship'' dated November 20, 2014.
(N) The memorandum from the President entitled
``Modernizing and Streamlining the U.S. Immigrant Visa
System for the 21st Century'' dated November 21, 2014.
(O) The memorandum from the President entitled
``Creating Welcoming Communities and Fully Integrating
Immigrants and Refugees'' dated November 21, 2014.
(2) The memoranda referred to in subsection (a) (or any
substantially similar policy changes issued or taken on or
after January 9, 2015, whether set forth in memorandum,
Executive order, regulation, directive, or by other action)
have no statutory or constitutional basis and therefore have no
legal effect.
(3) No funds or fees made available to the Secretary of
Homeland Security, or to any other official of a Federal
agency, by this Act or any other Act for any fiscal year,
including any deposits into the ``Immigration Examinations Fee
Account'' established under section 286(m) of the Immigration
and Nationality Act (8 U.S.C. 1356(m)), may be used to grant
any Federal benefit to any alien pursuant to any of the policy
changes set forth in the memoranda referred to in subsection
(a) (or any substantially similar policy changes issued or
taken on or after January 9, 2015, whether set forth in
memorandum, Executive order, regulation, directive, or by other
action).
(b) Deferred Action for Childhood Arrivals.--No funds, resources or
fees made available to the Secretary of Homeland Security, or to any
other official of a Federal agency, by this Act or any other Act for
any fiscal year, including any deposits into the ``Immigration
Examinations Fee Account'' established under section 286(m) of the
Immigration and Nationality Act (8 U.S.C. 1356(m)), may be used to
consider or adjudicate any new, renewal or previously denied
application for any alien requesting consideration of deferred action
for childhood arrivals, as authorized by the Executive memorandum dated
June 15, 2012, and effective on August 15, 2012 (or any substantially
similar policy changes issued or taken on or after January 9, 2015,
whether set forth in memorandum, Executive order, regulation,
directive, or by other action).
SEC. 608. GAO STUDY ON DEATHS IN CUSTODY.
The Comptroller General of the United States shall submit to
Congress within 6 months after the date of the enactment of this Act, a
report on the deaths in custody of detainees held by the Department of
Homeland Security. The report shall include the following information
with respect to any such deaths and in connection therewith:
(1) Whether any such deaths could have been prevented by
the delivery of medical treatment administered while the
detainee is in the custody of the Department of Homeland
Security.
(2) Whether Department practice and procedures were
properly followed and obeyed.
(3) Whether such practice and procedures are sufficient to
protect the health and safety of such detainees.
(4) Whether reports of such deaths were made to the Deaths
in Custody Reporting Program.
SEC. 609. REMOVAL PROCEEDINGS.
Subsection (b) of section 240 of the Immigration and Nationality
Act (8 U.S.C. 1229a) is amended by adding at the end the following new
paragraph (8):
``(8) Order of consideration of proceedings.--Whenever
possible, proceedings shall take place in the order in which
aliens are placed in proceedings.''.
<all>