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113th Congress                                            Rept. 113-678
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1

======================================================================



 
                STRENGTHEN AND FORTIFY ENFORCEMENT ACT
                                _______
                                

 December 16, 2014.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

   Mr. Goodlatte, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 2278]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 2278) to amend the Immigration and Nationality Act 
to improve immigration law enforcement within the interior of 
the United States, and for other purposes, having considered 
the same, reports favorably thereon with an amendment and 
recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page

The Amendment....................................................     2
Purpose and Summary..............................................    48
Background and Need for the Legislation..........................    48
Hearings.........................................................   103
Committee Consideration..........................................   103
Committee Votes..................................................   103
Committee Oversight Findings.....................................   115
New Budget Authority and Tax Expenditures........................   116
Congressional Budget Office Cost Estimate........................   116
Duplication of Federal Programs..................................   123
Disclosure of Directed Rule Makings..............................   123
Performance Goals and Objectives.................................   123
Advisory on Earmarks.............................................   123
Section-by-Section Analysis......................................   123
Changes in Existing Law Made by the Bill, as Reported............   139
Dissenting Views.................................................   229

                             The Amendment

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Strengthen and Fortify Enforcement 
Act'' or the ``SAFE 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. Inadmissibility, deportability, an detention of drunk 
drivers.
Sec. 310. Detention of dangerous aliens.
Sec. 311. Grounds of inadmissibility and deportability for alien gang 
members.
Sec. 312. Extension of identity theft offenses.
Sec. 313. Laundering of monetary instruments.
Sec. 314. Increased criminal penalties relating to alien smuggling and 
related offenses.
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.

                        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. Encouraging aliens to depart voluntarily.
Sec. 602. Deterring aliens ordered removed from remaining in the United 
States unlawfully.
Sec. 603. Reinstatement of removal orders.
Sec. 604. Clarification with respect to definition of admission.
Sec. 605. Reports to Congress on the exercise and abuse of 
prosecutorial discretion.
Sec. 606. Waiver of Federal laws with respect to border security 
actions on Department of the Interior and Department of Agriculture 
lands.
Sec. 607. Biometric entry and exit data system.
Sec. 608. Certain activities restricted.
Sec. 609. Border Patrol mobile and rapid response teams.
Sec. 610. GAO study on deaths in custody.

     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.--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 remove aliens 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) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.
  (f) 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.
  (g) 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) Funding.--There is authorized to be appropriated for grants under 
this section such sums as may be necessary for fiscal year 2014 and 
each subsequent fiscal year.
  (d) 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) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.
  (c) 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 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 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 14 days 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'';
          (3) in paragraph (3)(A), by inserting ``charged with or'' 
        before ``convicted''; and
          (4) by amending paragraph (5) to read as follows:
          ``(5) There are authorized to be appropriated to carry out 
        this subsection such sums as may be necessary for fiscal year 
        2014 and each subsequent fiscal year.''.

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) Complying with detainers issued by the Department of 
        Homeland Security.
          ``(4) 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.

  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.

                      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) 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 ``; or'';
          (4) 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.''; and
          (5) by striking the final sentence.
  (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; 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. 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. 310. 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 under this section for 
        any period, without limitation, except as provided in 
        subsection (h), until the alien is subject to a final order of 
        removal.
          ``(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 added 
        by section 309(b)(3)) 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.--The Attorney General's review of the 
        Secretary's custody determinations under subsection (a) for 
        aliens in deportation proceedings subject to section 242(a)(2) 
        of the Act (as in effect prior to April 1, 1997, and as amended 
        by section 440(c) of Public Law 104-132) shall be limited to a 
        determination of whether the alien is properly included in such 
        category.
  ``(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. 311. 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. 312. EXTENSION OF IDENTITY THEFT OFFENSES.

  (a) Fraud and Related Activities Relating to Identification 
Documents.--Section 1028 of title 18, United States Code, is amended in 
subsection (a)(7), by striking ``of another person'' and inserting 
``that is not his or her own''.
  (b) Aggravated Identity Theft.--Section 1028A(a) of title 18, United 
States Code, is amended by striking ``of another person'' both places 
it appears and inserting ``that is not his or her own''.

SEC. 313. 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. 314. INCREASED CRIMINAL PENALTIES RELATING TO ALIEN SMUGGLING AND 
                    RELATED OFFENSES.

  (a) In General.--Section 274 of the Immigration and Nationality Act 
(8 U.S.C. 1324), is amended to read as follows:

``SEC. 274. ALIEN SMUGGLING AND RELATED OFFENSES.

  ``(a) Criminal Offenses and Penalties.--
          ``(1) Prohibited activities.--Except as provided in paragraph 
        (3), a person shall be punished as provided under paragraph 
        (2), if the person--
                  ``(A) facilitates, encourages, directs, or induces a 
                person to come to or enter the United States, or to 
                cross the border to the United States, knowing or in 
                reckless disregard of the fact that such person is an 
                alien who lacks lawful authority to come to, enter, or 
                cross the border to the United States;
                  ``(B) facilitates, encourages, directs, or induces a 
                person to come to or enter the United States, or to 
                cross the border to the United States, at a place other 
                than a designated port of entry or place other than as 
                designated by the Secretary of Homeland Security, 
                knowing or in reckless disregard of the fact that such 
                person is an alien and regardless of whether such alien 
                has official permission or lawful authority to be in 
                the United States;
                  ``(C) transports, moves, harbors, conceals, or 
                shields from detection a person outside of the United 
                States knowing or in reckless disregard of the fact 
                that such person is an alien in unlawful transit from 
                one country to another or on the high seas, under 
                circumstances in which the alien is seeking to enter 
                the United States without official permission or lawful 
                authority;
                  ``(D) encourages or induces a person to reside in the 
                United States, knowing or in reckless disregard of the 
                fact that such person is an alien who lacks lawful 
                authority to reside in the United States;
                  ``(E) transports or moves a person in the United 
                States, knowing or in reckless disregard of the fact 
                that such person is an alien who lacks lawful authority 
                to enter or be in the United States, if the 
                transportation or movement will further the alien's 
                illegal entry into or illegal presence in the United 
                States;
                  ``(F) harbors, conceals, or shields from detection a 
                person in the United States, knowing or in reckless 
                disregard of the fact that such person is an alien who 
                lacks lawful authority to be in the United States; or
                  ``(G) conspires or attempts to commit any of the acts 
                described in subparagraphs (A) through (F).
          ``(2) Criminal penalties.--A person who violates any 
        provision under paragraph (1) shall, for each alien in respect 
        to whom a violation of paragraph (1) occurs--
                  ``(A) except as provided in subparagraphs (C) through 
                (G), if the violation was not committed for commercial 
                advantage, profit, or private financial gain, be fined 
                under title 18, United States Code, imprisoned for not 
                more than 5 years, or both;
                  ``(B) except as provided in subparagraphs (C) through 
                (G), if the violation was committed for commercial 
                advantage, profit, or private financial gain--
                          ``(i) be fined under such title, imprisoned 
                        for not more than 20 years, or both, if the 
                        violation is the offender's first violation 
                        under this subparagraph; or
                          ``(ii) be fined under such title, imprisoned 
                        for not less than 3 years or more than 20 
                        years, or both, if the violation is the 
                        offender's second or subsequent violation of 
                        this subparagraph;
                  ``(C) if the violation furthered or aided the 
                commission of any other offense against the United 
                States or any State that is punishable by imprisonment 
                for more than 1 year, be fined under such title, 
                imprisoned for not less than 5 years or more than 20 
                years, or both;
                  ``(D) be fined under such title, imprisoned not less 
                than 5 years or more than 20 years, or both, if the 
                violation created a substantial and foreseeable risk of 
                death, a substantial and foreseeable risk of serious 
                bodily injury (as defined in section 2119(2) of title 
                18, United States Code), or inhumane conditions to 
                another person, including--
                          ``(i) transporting the person in an engine 
                        compartment, storage compartment, or other 
                        confined space;
                          ``(ii) transporting the person at an 
                        excessive speed or in excess of the rated 
                        capacity of the means of transportation; or
                          ``(iii) transporting the person in, harboring 
                        the person in, or otherwise subjecting the 
                        person to crowded or dangerous conditions;
                  ``(E) if the violation caused serious bodily injury 
                (as defined in section 2119(2) of title 18, United 
                States Code) to any person, be fined under such title, 
                imprisoned for not less than 7 years or more than 30 
                years, or both;
                  ``(F) be fined under such title and imprisoned for 
                not less than 10 years or more than 30 years if the 
                violation involved an alien who the offender knew or 
                had reason to believe was--
                          ``(i) engaged in terrorist activity (as 
                        defined in section 212(a)(3)(B)); or
                          ``(ii) intending to engage in terrorist 
                        activity; or
                  ``(G) if the violation caused or resulted in the 
                death of any person, be punished by death or imprisoned 
                for a term of years not less than 10 years and up to 
                life, and fined under title 18, United States Code.
          ``(3) Limitation.--It is not a violation of subparagraph (D), 
        (E), or (F) of paragraph (1) for a religious denomination 
        having a bona fide nonprofit, religious organization in the 
        United States, or the agents or officers of such denomination 
        or organization, to encourage, invite, call, allow, or enable 
        an alien who is present in the United States to perform the 
        vocation of a minister or missionary for the denomination or 
        organization in the United States as a volunteer who is not 
        compensated as an employee, notwithstanding the provision of 
        room, board, travel, medical assistance, and other basic living 
        expenses, provided the minister or missionary has been a member 
        of the denomination for at least 1 year.
          ``(4) Extraterritorial jurisdiction.--There is 
        extraterritorial Federal jurisdiction over the offenses 
        described in this subsection.
  ``(b) Seizure and Forfeiture.--
          ``(1) In general.--Any real or personal property used to 
        commit or facilitate the commission of a violation of this 
        section, the gross proceeds of such violation, and any property 
        traceable to such property or proceeds, shall be subject to 
        forfeiture.
          ``(2) Applicable procedures.--Seizures and forfeitures under 
        this subsection shall be governed by the provisions of chapter 
        46 of title 18, United States Code, relating to civil 
        forfeitures, except that such duties as are imposed upon the 
        Secretary of the Treasury under the customs laws described in 
        section 981(d) shall be performed by such officers, agents, and 
        other persons as may be designated for that purpose by the 
        Secretary of Homeland Security.
          ``(3) Prima facie evidence in determinations of violations.--
        In determining whether a violation of subsection (a) has 
        occurred, prima facie evidence that an alien involved in the 
        alleged violation lacks lawful authority to come to, enter, 
        reside in, remain in, or be in the United States or that such 
        alien had come to, entered, resided in, remained in, or been 
        present in the United States in violation of law may include:
                  ``(A) any order, finding, or determination concerning 
                the alien's status or lack of status made by a Federal 
                judge or administrative adjudicator (including an 
                immigration judge or immigration officer) during any 
                judicial or administrative proceeding authorized under 
                Federal immigration law;
                  ``(B) official records of the Department of Homeland 
                Security, the Department of Justice, or the Department 
                of State concerning the alien's status or lack of 
                status; and
                  ``(C) testimony by an immigration officer having 
                personal knowledge of the facts concerning the alien's 
                status or lack of status.
  ``(c) Authority To Arrest.--No officer or person shall have authority 
to make any arrests for a violation of any provision of this section 
except:
          ``(1) officers and employees designated by the Secretary of 
        Homeland Security, either individually or as a member of a 
        class; and
          ``(2) other officers responsible for the enforcement of 
        Federal criminal laws.
  ``(d) Admissibility of Videotaped Witness Testimony.--Notwithstanding 
any provision of the Federal Rules of Evidence, the videotaped or 
otherwise audiovisually preserved deposition of a witness to a 
violation of subsection (a) who has been deported or otherwise expelled 
from the United States, or is otherwise unavailable to testify, may be 
admitted into evidence in an action brought for that violation if:
          ``(1) the witness was available for cross examination at the 
        deposition by the party, if any, opposing admission of the 
        testimony; and
          ``(2) the deposition otherwise complies with the Federal 
        Rules of Evidence.
  ``(e) Definitions.--In this section:
          ``(1) Cross the border to the united states.--The term `cross 
        the border' refers to the physical act of crossing the border, 
        regardless of whether the alien is free from official 
        restraint.
          ``(2) Lawful authority.--The term `lawful authority' means 
        permission, authorization, or license that is expressly 
        provided for in the immigration laws of the United States or 
        accompanying regulations. The term does not include any such 
        authority secured by fraud or otherwise obtained in violation 
        of law or authority sought, but not approved. No alien shall be 
        deemed to have lawful authority to come to, enter, reside in, 
        remain in, or be in the United States if such coming to, entry, 
        residence, remaining, or presence was, is, or would be in 
        violation of law.
          ``(3) Proceeds.--The term `proceeds' includes any property or 
        interest in property obtained or retained as a consequence of 
        an act or omission in violation of this section.
          ``(4) Unlawful transit.--The term `unlawful transit' means 
        travel, movement, or temporary presence that violates the laws 
        of any country in which the alien is present or any country 
        from which or to which the alien is traveling or moving.''.
  (b) Clerical Amendment.--The table of contents for the Immigration 
and Nationality Act is amended by striking the item relating to section 
274 and inserting the following:

``Sec. 274. Alien smuggling and related offenses.''.

  (c) Prohibiting Carrying or Using a Firearm During and in Relation to 
an Alien Smuggling Crime.--Section 924(c) of title 18, United States 
Code, is amended--
          (1) in paragraph (1)--
                  (A) in subparagraph (A)----
                          (i) by inserting ``, alien smuggling crime,'' 
                        after ``any crime of violence''; and
                          (ii) by inserting ``, alien smuggling 
                        crime,'' after ``such crime of violence''; and
                  (B) in subparagraph (D)(ii), by inserting ``, alien 
                smuggling crime,'' after ``crime of violence''; and
          (2) by adding at the end the following:
  ``(6) For purposes of this subsection, the term `alien smuggling 
crime' means any felony punishable under section 274(a), 277, or 278 of 
the Immigration and Nationality Act (8 U.S.C. 1324(a), 1327, and 
1328).''.

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:
                      ``illegal entry or presence
  ``Sec. 275.  (a) In General.--
          ``(1) Illegal entry.--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

``Sec.
``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) 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 311(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.

                        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;
          (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 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 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; and
          (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; and
          (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 10 Immigration and Customs 
Enforcement field offices with the largest removal caseloads to allow 
Immigration and Customs deportation officers and immigration 
enforcement agents to--
          (1) electronically process and serve charging 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 an 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. 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. 602. 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. 603. 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. 604. 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. 605. REPORTS TO CONGRESS ON THE EXERCISE AND ABUSE OF 
                    PROSECUTORIAL DISCRETION.

  (a) In General.--Not later than 180 days after the end of each fiscal 
year, the Secretary of Homeland Security and the Attorney General shall 
each provide to the 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. 606. WAIVER OF FEDERAL LAWS WITH RESPECT TO BORDER SECURITY 
                    ACTIONS ON DEPARTMENT OF THE INTERIOR AND 
                    DEPARTMENT OF AGRICULTURE LANDS.

  (a) Prohibition on Secretaries of the Interior and Agriculture.--The 
Secretary of the Interior or the Secretary of Agriculture shall not 
impede, prohibit, or restrict activities of U.S. Customs and Border 
Protection on Federal land located within 100 miles of an international 
land border that is under the jurisdiction of the Secretary of the 
Interior or the Secretary of Agriculture, to execute search and rescue 
operations and to prevent all unlawful entries into the United States, 
including entries by terrorists, other unlawful aliens, instruments of 
terrorism, narcotics, and other contraband through the international 
land borders of the United States.
  (b) Authorized Activities of U.S. Customs and Border Protection.--
U.S. Customs and Border Protection shall have immediate access to 
Federal land within 100 miles of the international land border under 
the jurisdiction of the Secretary of the Interior or the Secretary of 
Agriculture for purposes of conducting the following activities on such 
land that prevent all unlawful entries into the United States, 
including entries by terrorists, other unlawful aliens, instruments of 
terrorism, narcotics, and other contraband through the international 
land borders of the United States:
          (1) Construction and maintenance of roads.
          (2) Construction and maintenance of barriers.
          (3) Use of vehicles to patrol, apprehend, or rescue.
          (4) Installation, maintenance, and operation of 
        communications and surveillance equipment and sensors.
          (5) Deployment of temporary tactical infrastructure.
  (c) Clarification Relating to Waiver Authority.--
          (1) In general.--Notwithstanding any other provision of law 
        (including any termination date relating to the waiver referred 
        to in this subsection), the waiver by the Secretary of Homeland 
        Security on April 1, 2008, under section 102(c)(1) of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 (8 U.S.C. 1103 note; Public Law 104-208) of the laws 
        described in paragraph (2) with respect to certain sections of 
        the international border between the United States and Mexico 
        and between the United States and Canada shall be considered to 
        apply to all Federal land under the jurisdiction of the 
        Secretary of the Interior or the Secretary of Agriculture 
        within 100 miles of the international land borders of the 
        United States for the activities of U.S. Customs and Border 
        Protection described in subsection (c).
          (2) Description of laws waived.--The laws referred to in 
        paragraph (1) are limited to the Wilderness Act (16 U.S.C. 1131 
        et seq.), the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 
        U.S.C. 1531 et seq.), the National Historic Preservation Act 
        (16 U.S.C. 470 et seq.), Public Law 86-523 (16 U.S.C. 469 et 
        seq.), the Act of June 8, 1906 (commonly known as the 
        ``Antiquities Act of 1906''; 16 U.S.C. 431 et seq.), the Wild 
        and Scenic Rivers Act (16 U.S.C. 1271 et seq.), the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1701 et 
        seq.), the National Wildlife Refuge System Administration Act 
        of 1966 (16 U.S.C. 668dd et seq.), the Fish and Wildlife Act of 
        1956 (16 U.S.C. 742a et seq.), the Fish and Wildlife 
        Coordination Act (16 U.S.C. 661 et seq.), subchapter II of 
        chapter 5, and chapter 7, of title 5, United States Code 
        (commonly known as the ``Administrative Procedure Act''), the 
        National Park Service Organic Act (16 U.S.C. 1 et seq.), the 
        General Authorities Act of 1970 (Public Law 91-383) (16 U.S.C. 
        1a-1 et seq.), sections 401(7), 403, and 404 of the National 
        Parks and Recreation Act of 1978 (Public Law 95-625, 92 Stat. 
        3467), and the Arizona Desert Wilderness Act of 1990 (16 U.S.C. 
        1132 note; Public Law 101-628).
  (d) Protection of Legal Uses.--This section shall not be construed to 
provide--
          (1) authority to restrict legal uses, such as grazing, 
        hunting, mining, or public-use recreational and backcountry 
        airstrips on land under the jurisdiction of the Secretary of 
        the Interior or the Secretary of Agriculture; or
          (2) any additional authority to restrict legal access to such 
        land.
  (e) Effect on State and Private Land.--This Act shall--
          (1) have no force or effect on State or private lands; and
          (2) not provide authority on or access to State or private 
        lands.
  (f) Tribal Sovereignty.--Nothing in this section supersedes, 
replaces, negates, or diminishes treaties or other agreements between 
the United States and Indian tribes.
  (g) Report.--Not later than 1 year after the date of the enactment of 
this Act, and annually thereafter, the Secretary of Homeland Security 
shall submit to the appropriate committees of Congress a report 
describing the extent to which implementation of this section has 
affected the operations of U.S. Customs and Border Protection in the 
year preceding the report.

SEC. 607. BIOMETRIC ENTRY AND EXIT DATA SYSTEM.

  (a) In General.--Not later than two years after the date of the 
enactment of this Act, the Secretary of Homeland Security shall 
establish the biometric entry and exit data system required by section 
7208 of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 
U.S.C. 1365b).
  (b) Requirements.--In addition to the features required by such 
section 7208, the Secretary shall ensure that the biometric entry and 
exit data system is established and in operation at each port of entry 
to the United States.

SEC. 608. CERTAIN ACTIVITIES RESTRICTED.

  (a) In General.--The Secretary of Homeland Security may not finalize, 
implement, administer, or enforce the documents described in subsection 
(b).
  (b) Documents Described.--For purposes of this section, the documents 
described in this subsection are the following:
          (1) Policy Number 10072.1, published on March 2, 2011.
          (2) Policy Number 10075.1, published on June 17, 2011.
          (3) Policy Number 10076,1, published on June 17, 2011.
          (4) The Memorandum of November 17, 2011, from the Principal 
        Legal Advisor of United States Immigration and Customs 
        Enforcement pertaining to ``Case-by-Case Review of Incoming and 
        Certain Pending Cases''.
          (5) The Memorandum of June 15, 2012, from the Secretary of 
        Homeland Security pertaining to ``Exercising Prosecutorial 
        Discretion with Respect to Individuals Who Came to the United 
        States as Children''.
          (6) The Memorandum of December 21, 2012, from the Director of 
        United States Immigration and Customs Enforcement pertaining to 
        ``Civil Immigration Enforcement: Guidance on the Use of 
        Detainers in the Federal, State, Local, and Tribal Criminal 
        Justice Systems''.
          (7) The Memorandum of June 15, 2012, from the Director of 
        United States Immigration and Customs Enforcement pertaining to 
        ``Secretary Napolitano's Memorandum Concerning the Exercise of 
        Prosecutorial Discretion for Certain Removable Individuals Who 
        Entered the United States as a Child''.

SEC. 609. BORDER PATROL MOBILE AND RAPID RESPONSE TEAMS.

  (a) Findings.--The Congress finds as follows:
          (1) It is possible for agents of U.S. Immigration and Customs 
        Enforcement to use mobile rapid response teams.
          (2) If such agents are in the field near the border and 
        encounter trouble, they should be able to call a mobile 
        response team if they cannot get help quickly enough by other 
        means.
  (b) Plan.--Not later than 90 days after the date of the enactment of 
this Act, the Secretary of Homeland Security shall submit to the 
appropriate congressional committees a plan for developing and 
deploying mobile rapid response teams to achieve the following 
objectives, and submit progress reports on the program every 90 days 
after it has been implemented:
          (1) Expand the Border Control Tactical Team program to make 
        emergency assistance available to law enforcement officers in 
        border areas along the Mexican border that are not designated 
        as high traffic locations, including officers who operate on 
        Tribal land.
          (2) Provide helicopters and other military transports to 
        ensure that the teams can deploy quickly to where they are 
        needed.
          (3) Maintain airborne patrols of these units to facilitate 
        quick deployment when they are called.
          (4) Provide a similar airborne force of regular border patrol 
        officers who will provide the same emergency response service 
        for ranchers, farmers, and other people who live or work in 
        these border areas.
  (c) Implementation.--The Secretary of Homeland Security shall 
implement the plan described in subsection (a) not later than 120 days 
after the date on which the plan is submitted.

SEC. 610. 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.

                          Purpose and Summary

    To improve and ensure enforcement of U.S. immigration laws 
within the interior of the United States.

                Background and Need for the Legislation

       THE STRENGTHEN AND FORTIFY ENFORCEMENT ACT (THE SAFE ACT)

    On June 6, 2013, Immigration and Border Security 
Subcommittee Chairman Trey Gowdy introduced a bill to improve 
the interior enforcement of our immigration laws and strengthen 
national security. The Strengthen and Fortify Enforcement Act 
(H.R. 2278), also known as the SAFE Act, grants states and 
localities the authority to enforce Federal immigration laws 
and their own immigration laws, makes it more difficult for 
foreign nationals who pose a national security risk to enter 
and remain in the U.S., improves visa security, protects 
American communities from dangerous criminal aliens, 
strengthens border security, and equips our immigration 
enforcement officers to better do their jobs. H.R. 2278 is 
designed to end the current state of affairs in which the 
nation's immigration laws go largely unenforced because the 
President has directed his administration to simply not enforce 
them. The bill responds to the Supreme Court's decision in 
Arizona v. U.S.\1\ by granting States and localities specific 
Congressional authorization to enact and enforce criminal and 
civil penalties that penalize conduct prohibited by criminal 
and civil provisions of Federal immigration law, as long as the 
criminal penalties do not exceed the relevant Federal penalties 
and Federal law does not otherwise prohibit such laws.\2\ In 
addition, law enforcement personnel of states and localities 
may investigate, identify, apprehend, detain, or transfer to 
Federal custody aliens in the United States for the purposes of 
enforcing the immigration laws of the United States.\3\ The 
bill includes provisions to facilitate assistance of State and 
local enforcement of immigration laws while penalizing 
sanctuary jurisdictions that are already acting in violation of 
Federal law.\4\
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    \1\132 S. Ct. 2492 (2012).
    \2\See H.R. 2278, sec. 102.
    \3\See id.
    \4\See id. at Title I.
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    Second, the bill makes it more difficult for foreign 
terrorists and other foreign nationals who pose national 
security concerns to enter and remain in the United States.\5\ 
Of note, the bill bars foreign terrorists and other immigrants 
who threaten national security from receiving immigration 
benefits, such as naturalization and discretionary relief from 
removal.\6\ The bill also requires that no immigration benefits 
can be provided to immigrants until all required background and 
security checks are completed.\7\
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    \5\See id. at Title II.
    \6\See id.
    \7\See id.
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    Next, the bill protects American communities from dangerous 
aliens.\8\ The bill facilitates and expedites the removal of 
criminal aliens and the removal of sex offenders, drunk drivers 
and alien members of criminal gangs.\9\ When a dangerous 
criminal alien cannot be removed from the U.S., the bill allows 
the Department of Homeland Security (DHS) to detain them. The 
bill strengthens Federal criminal provisions regarding those 
who defraud aliens seeking immigration benefits, and regarding 
immigration and visa fraud, alien smuggling and illegal 
entry.\10\ The bill clarifies existing law so persons who use 
false identification documents can be prosecuted under identity 
theft statutes, regardless of whether they knew the documents 
belonged to another person. The bill also clarifies the Federal 
money laundering provisions.\11\
---------------------------------------------------------------------------
    \8\See id. at Title III.
    \9\See id.
    \10\See id.
    \11\See id.
---------------------------------------------------------------------------
    Under current law, illegal entry into the United States is 
a misdemeanor, while no criminal violations attach to an alien 
who is illegally present, i.e. enters legally but violates the 
terms of their visa and overstays. This bill makes illegal 
presence in the U.S. a Federal misdemeanor, just as is illegal 
entry.\12\
---------------------------------------------------------------------------
    \12\See id.
---------------------------------------------------------------------------
    The bill improves visa security by strengthening our 
nation's first line of defense, the visa issuance process. The 
bill expands the Visa Security Program to additional high risk 
posts, strengthens the integrity of the student visa program, 
and authorizes the Department of Homeland Security and State 
Department to revoke visas to foreign nationals if in the 
security or foreign policy interests of the U.S.\13\
---------------------------------------------------------------------------
    \13\See id. at Title IV.
---------------------------------------------------------------------------
    The bill helps U.S. Immigration and Customs Enforcement 
(ICE) officers to better accomplish their jobs of enforcing 
Federal immigration laws by ensuring they have the tools needed 
to do so. The bill also ensures the safety of these agents by 
allowing them to carry firearms and provides them body 
armor.\14\
---------------------------------------------------------------------------
    \14\See id. at Title V.
---------------------------------------------------------------------------
    Finally, the bill strengthens border security by 
prohibiting the Departments of Interior and Agriculture from 
denying Border Patrol agents access to Federal lands within 100 
miles of the border. This will better enable Border Patrol 
agents to secure our border and prevent illegal activity, such 
as illegal immigration, smuggling, and drug trafficking. It 
also prohibits these agencies from interfering with Border 
Patrol activities such as construction and maintenance of roads 
and barriers, use of patrol vehicles and deployment of tactical 
infrastructure.\15\
---------------------------------------------------------------------------
    \15\See id. at Title VI.
---------------------------------------------------------------------------

       THE NEED FOR STRENGTHENED INTERIOR IMMIGRATION ENFORCEMENT

Administrative Legalization
            A. Prosecutorial Discretion
    Under the current administration, ICE, whose job it is to 
enforce Federal immigration laws in the interior of the 
country, focuses its resources for removals on those removable 
aliens who are considered ``high priority.'' To advise agents, 
attorneys, and field personnel on which removals are high 
priority, ICE and the former U.S. Immigration and 
Naturalization Service (INS) have issued a series of internal 
memoranda. These memoranda explain the ICE view of 
``prosecutorial discretion,'' which is the inherent authority 
of an agency charged with enforcing a law to decide whether to 
devote resources to enforce the law in particular instances.
    In 2000, Clinton Administration INS Commissioner Doris 
Meissner issued a memo on exercising prosecutorial discretion 
in which she wrote that:

        ``Prosecutorial discretion'' is the authority of an 
        agency charged with enforcing a law to decide whether 
        to enforce, or not to enforce, the law against someone. 
        The INS, like other law enforcement agencies, has 
        prosecutorial discretion and exercises it every day. In 
        the immigration context, the term applies not only to 
        the decision to issue, serve, or file a Notice to 
        Appear (NTA), but also to a broad range of other 
        discretionary enforcement decisions, including among 
        others: focusing investigative resources on particular 
        offenses or conduct; deciding whom to stop, question, 
        and arrest; maintaining an alien in custody; seeking 
        expedited removal or other forms of removal by means 
        other than a removal proceeding; settling or dismissing 
        a proceeding; granting deferred action or staying a 
        final order; agreeing to voluntary departure, 
        withdrawal of an application for admission, or other 
        action in lieu of removing the alien; pursuing an 
        appeal; and executing a removal order. . . . The 
        ``favorable exercise of prosecutorial discretion'' 
        means a discretionary decision not to assert the full 
        scope of the INS's enforcement authority as permitted 
        under the law.\16\
---------------------------------------------------------------------------
    \16\Memo from Doris Meissner to Regional Directors, District 
Directors, Chief Patrol Agents, and Regional and District Counsel at 2 
(Nov. 7, 2000).

    However, Commissioner Meissner was careful to point out 
that prosecutorial discretion ``is a powerful tool that must be 
used responsibly'' and that ``exercising prosecutorial 
discretion does not lessen the INS's commitment to enforce the 
immigration laws to the best of our ability. It is not an 
invitation to violate or ignore the law.''\17\ Former 
Commissioner Meissner has reiterated that ``[p]rosecutorial 
discretion should be exercised on a case-by-case basis, and 
should not be used to immunize entire categories of noncitizens 
from immigration enforcement.''\18\
---------------------------------------------------------------------------
    \17\Id. at 3-4.
    \18\Donald Kerwin, Doris Meissner & Margie McHugh, Executive Action 
on Immigration: Six Ways to Make the System Work Better, 2011 Migration 
Policy Institute at 15.
---------------------------------------------------------------------------
    In 2010, top U.S. Citizenship and Immigration Services 
(USCIS) political and career agency officials wrote a draft 
memo to the Director of USCIS.\19\ The memo suggested that DHS 
take steps to legalize millions of illegal immigrants through 
its administrative powers. For instance, the memo indicated 
that DHS could ``grant deferred action to an unrestricted 
number of unlawfully present individuals'' and suggested that 
it grant deferred action to illegal immigrants ``who would be 
eligible for relief under the DREAM Act'' (those aliens brought 
to the U.S. illegally by their parents while they were minors) 
or those who have lived in the U.S. since some particular date.
---------------------------------------------------------------------------
    \19\See Memo from Denise Vanison, Policy and Strategy, Roxana 
Bacon, Office of the Chief Counsel, Debra Rogers, Field Operations, and 
Donald Neufeld, Service Center Operations, to Alejandro Mayorkas, 
Director (undated).
---------------------------------------------------------------------------
    According to ICE, ``deferred action'' is ``not a specific 
form of relief but rather a term used to describe the decision-
making authority of ICE to allocate resources in the best 
possible manner to focus on high priority cases, potentially 
deferring action on [removal] cases with a lower priority,'' 
``such as [by] not placing an individual in removal 
proceedings.''\20\
---------------------------------------------------------------------------
    \20\ICE, DHS, Toolkit for Prosecutors at 4 (2011) and ICE, DHS, 
Continued Presence: Temporary Immigration Status for Victims of Human 
Trafficking (2010).
---------------------------------------------------------------------------
    However, USCIS can grant work authorization to unlawful and 
removable aliens who have received deferred action--making it 
in essence a grant of administrative legalization.\21\ In 
addition, DHS has determined that aliens do not accrue 
``unlawful presence'' (which can result in their becoming 
inadmissible in the future) beginning on the date they are 
granted deferred action and ending when it is terminated.\22\ 
Deferred action is not based on any specific statutory 
authority.\23\
---------------------------------------------------------------------------
    \21\See 8 C.F.R. sec. 274a.12(c)(14).
    \22\See memo from Donald Neufeld, Acting Associate Director, 
Domestic Operations Directorate, USCIS, Lori Scialabba, Associate 
Director, Refugee, Asylum and International Operations Directorate, 
USCIS & Pearl Chang, Acing Chief, Office of Policy and Strategy, USCIS, 
DHS, at 42 (May 6, 2009).
    \23\See Toolkit for Prosecutors at 4.
---------------------------------------------------------------------------
    The 2010 USCIS memo also suggested that parole (which 
allows aliens to enter the U.S. without being formally admitted 
or subject to grounds of inadmissibility, or, if already in the 
U.S., to be ``paroled-in-place'') be used to legalize unlawful 
aliens ``who entered the U.S. as minors without inspection'' or 
who have ``lived for many years in the U.S.'' But in the 
Illegal Immigration Reform and Immigrant Responsibility Act of 
1996, Congress limited the administration's parole authority to 
use ``only on a case-by-case basis for urgent humanitarian 
reasons or significant public benefit.''\24\ The House Report 
stated that this limitation was ``intended to end the use of 
parole authority to create an ad hoc immigration policy or to 
supplement current immigration categories without Congressional 
approval.''\25\
---------------------------------------------------------------------------
    \24\See sec. 602 of division C of title IV of Pub. L. No. 104-208 
(sec. 212(d)(5)(A) of the INA).
    \25\See H. Rept. No. 104-469, part 1, at 175 (1996).
---------------------------------------------------------------------------
    In 2010, USCIS told Committee staff that it had rejected 
many of the suggestions in the memo. Subsequently, however, a 
seemingly authentic draft DHS memo was disseminated. It 
proposed the grant of deferred action to ``the entire potential 
legalization population''--and if that was not possible, then 
to DREAM Act-eligible aliens or to unlawful aliens who claim to 
have worked in agriculture. In addition, the memo proposed to 
use parole authority to allow the over three million immigrants 
on extended family immigrant visa waiting lists to enter the 
United States.
    These memos were drafted in the context of great political 
pressure on the Obama Administration to legalize illegal 
immigrants through administrative action.\26\
---------------------------------------------------------------------------
    \26\See, e.g., letter from Senator Harry Reid and 21 other senators 
to President Obama (April 13, 2011) (The letter asked that DHS grant 
deferred action to all unlawful aliens who would qualify for amnesty 
under the DREAM Act.).
---------------------------------------------------------------------------
    On June 30, 2010, ICE Director John Morton issued a memo 
entitled ``Civil Immigration Enforcement: Priorities for the 
Apprehension, Detention, and Removal of Aliens,'' which set 
forth new enforcement prioritization objectives. The memo 
outlines civil immigration enforcement priorities as they 
relate to the apprehension, detention, and removal of 
immigrants. The memo sets forth a three-tiered priority system:

    Priority 1: Non-citizens who pose a danger to national 
security or a risk to public safety, including those suspected 
of terrorism, convicted of violent crimes, and gang members. 
Within Priority 1, these crimes are further ranked as Level 1, 
2, or 3, with Level 1 being the most serious crimes. Level 1 
and 2 offenders are of the greatest priority:

         LLevel 1 offenders: aliens convicted of 
        ``aggravated felonies,'' as defined in section 
        101(a)(43) of the Immigration and Nationality Act, or 
        two or more crimes each punishable by more than 1 
        year's incarceration, commonly referred to as 
        ``felonies.'' (ICE notes that the definition of 
        aggravated felony includes serious, violent offenses as 
        well as less serious, non-violent offenses, and that 
        ICE personnel should prioritize the former within Level 
        1 offenses.)

         LLevel 2 offenders: aliens convicted of any 
        felony or three or more crimes each punishable by less 
        than 1 year's incarceration, commonly referred to as 
        ``misdemeanors;'' and

         LLevel 3 offenders: aliens convicted of crimes 
        punishable by less than 1 year's incarceration.

    A footnote states that ``some misdemeanors are relatively 
minor and do not warrant the same degree of focus as others. 
ICE agents and officers should exercise particular discretion 
when dealing with minor traffic offenses such as driving 
without a license.''

    Priority 2: Non-citizens who recently crossed the border or 
a port of entry illegally, or through the knowing abuse of a 
visa or the visa waiver program.

    Priority 3: Noncitizens who are subject to a final order of 
removal and abscond, fail to depart, or intentionally obstruct 
immigration controls.
    On June 17, 2011, Director Morton issued two memos laying 
out the scope of DHS's prosecutorial discretion. These memos 
were explicit expressions of DHS policy.
    Director Morton's memo entitled ``Exercising Prosecutorial 
Discretion Consistent with the Civil Immigration Enforcement 
Priorities of the Agency for the Apprehension, Detention, and 
Removal of Aliens'' gives instructions to ICE agents in the 
field, telling agency officials how to exercise prosecutorial 
discretion by actions such as granting deferred action, 
``deciding whom to stop, question, or arrest'', deciding ``whom 
to detain'', and ``dismissing'' a removal proceeding.\27\ 
According to the memo, ``[w]hen weighing whether an exercise of 
prosecutorial discretion may be warranted for a given alien, 
ICE officers, agents and attorneys should consider all relevant 
factors,'' such as:
---------------------------------------------------------------------------
    \27\See memo from John Morton, Director, ICE, DHS, to all Field 
Office Directors, all Special Agents in Charge, and all Chief Counsels, 
Exercising Prosecutorial Discretion Consistent with the Civil 
Immigration Enforcement Priorities of the Agency for the Apprehension, 
Detention, and Removal of Aliens at 2-3 (June 17, 2011).

         LICE's ``immigration enforcement priorities'' 
        (ICE has expressed little interest in deporting 
        unlawful aliens who have not yet been convicted of 
        ``serious'' crimes.\28\);
---------------------------------------------------------------------------
    \28\See memo from John Morton, Director, ICE, DHS, to all ICE 
employees (March 2, 2011).

         Lthe person's ``pursuit of education in the 
---------------------------------------------------------------------------
        United States;''

         L``[w]hether the person has a U.S. citizen or 
        permanent resident spouse, child or parent. . . . ;''

         L``[w]hether the person or the person's spouse 
        is pregnant . . . ;''

         Lthe person's length of presence in the U.S.;

         Lwhether the person is a long-time lawful 
        permanent resident; and

         Lwhether the person has a serious health 
        condition.\29\
---------------------------------------------------------------------------
    \29\See Exercising Prosecutorial Discretion Consistent with the 
Civil Immigration Enforcement Priorities of the Agency for the 
Apprehension, Detention, and Removal of Aliens at 4-5.

    The second memo issued by Director Morton that day, 
``Prosecutorial Discretion: Certain Victims, Witnesses, and 
Plaintiffs,'' urges the exercise of prosecutorial discretion in 
the case of unlawful aliens who are plaintiffs in civil rights 
lawsuits or who have disputes ``with an employer, landlord, or 
contractor.''
    Following the release of these memos, DHS announced it 
would initiate a ``case-by-case review'' of about 300,000 cases 
of aliens already in removal proceedings and ensure that 
``appropriate discretionary consideration'' be given to 
``compelling cases with final orders of removal.''\30\ 
According to information provided by DHS to the Judiciary 
Committee, the purpose of these changes was to limit cases 
initiated for removal in the future. Specifically, DHS 
indicated to the Committee that one of its main reasons for the 
new procedures is to ``tweak who we are putting in the removal 
process in the first place.''
---------------------------------------------------------------------------
    \30\Letter from DHS Secretary Janet Napolitano to Senator Harry 
Reid (August 19, 2011).
---------------------------------------------------------------------------
    The memo allows for administrative closure for cases in 
proceedings. Like deferred action, administrative closure was 
never meant to be used for the mass abandonment of viable 
cases. Specifically, the Board of Immigration Appeals (BIA) has 
encouraged DHS to administratively close cases in appropriate 
circumstances where there is a pending visa petition that is 
prima facie approvable--when an alien is eligible for statutory 
immigration relief.\31\ For instance, DHS previously utilized 
administrative closure where the respondent was prima facie 
eligible for temporary protected status.\32\ This new policy 
fails to take into account the large appellate body that is 
available to determine whether an alien is correctly in removal 
proceedings. The BIA has nationwide jurisdiction to review 
decisions of Immigration Judges.\33\ Furthermore, pursuant to 
section 242 of the Immigration and Nationality Act, aliens can 
appeal adverse decisions to a Federal appeals court. From 
October 1, 2011 to September 30, 2012, ICE attorneys reviewed 
for prosecutorial discretion a total of 407,329 cases which 
were pending before Immigration Judges and the BIA.\34\ As of 
October 1, 2012, ICE had filed motions to administratively 
close or dismiss 10,082 cases, and declined to file 568 Notices 
to Appear.\35\
---------------------------------------------------------------------------
    \31\See Matter of Rajah, 25 I&N; Dec. 127 (BIA 2009).
    \32\See Memo, Carpenter, Deputy Gen. Co. HQCOU 120/12.2 (Feb. 7, 
2002), reported in 79 Interpreter Releases 524, 530-38.
    \33\See 8 C.F.R. sec. 1003.1.
    \34\Information provided by ICE.
    \35\See id.
---------------------------------------------------------------------------
    Unfortunately, ICE stopped tracking prosecutorial 
discretion statistics on October 1, 2012, although, ``ICE 
attorneys continue to exercise prosecutorial discretion with 
each and every case.''\36\ Countless others may have received 
prosecutorial discretion and not been placed in removal 
proceedings from the onset.\37\
---------------------------------------------------------------------------
    \36\Id.
    \37\See id.
---------------------------------------------------------------------------
            B. Deferred Action for Childhood Arrivals
    On June 15, 2012, Secretary Napolitano issued a memo 
providing, and the President announced, that beginning on 
August 15, 2012, DHS would grant deferred action to unlawful 
aliens who:\38\
---------------------------------------------------------------------------
    \38\See Exercising Prosecutorial Discretion with Respect to 
Individuals Who Came to the United States as Children (2012).

         Lcame to the United States under the age of 
---------------------------------------------------------------------------
        sixteen;

         Lhave continuously resided in the United 
        States for a least 5 years preceding June 15, 2012, and 
        were present in the United States on that date;

         Lare currently in school, have graduated from 
        high school, have obtained a general education 
        development certificate, or are honorably discharged 
        veterans of the Coast Guard or Armed Forces of the 
        United States;

         Lhave not been convicted of a felony offense, 
        a significant misdemeanor offense, multiple misdemeanor 
        offenses, or otherwise do not pose a threat to national 
        security or public safety; and

         Lare not above the age of thirty.

    USCIS first granted DACA benefits in September 2012. Since 
the DACA term is 2 years, the first grants began expiring in 
September 2014. In May 2014, USCIS announced renewal procedures 
for initial DACA recipients.
    The policy, which became known as Deferred Action for 
Childhood Arrivals (DACA), was put in place despite the prior 
assurances that the USCIS memos outlining such a policy had 
been rejected, and despite President Obama's own March 28, 
2011, admission that:

        With respect to the notion that I can just suspend 
        deportations through executive order, that's just not 
        the case, because there are laws on the books that 
        Congress has passed. . . . The executive branch's job 
        is to enforce and implement those laws. . . . There are 
        enough laws on the books by Congress that are very 
        clear in terms of how we have to enforce our 
        immigration system that for me to simply through 
        executive order ignore those congressional mandates 
        would not conform with my appropriate role as 
        President.

    DHS officials told Committee staff that DHS received a 
legal opinion from the U.S. Department of Justice affirming the 
legality of DACA.\39\ Committee staff requested a copy of that 
opinion, but DHS refused to provide it. In any event, at a 
hearing of the Subcommittee on Immigration Policy and 
Enforcement in October 2011, former Justice Department official 
David Rivkin testified that:
---------------------------------------------------------------------------
    \39\Briefing for House Judiciary Committee Staff by John Sandweg, 
Counselor to the Secretary of DHS, July 13, 2012.

        [When] the President has, in effect, suspended 
        operation of [immigration] laws with regard to a very 
        large identifiable class of offenders. . . . it clearly 
        exceeds his constitutional authority and sets an 
---------------------------------------------------------------------------
        extremely unfortunate record.

        Now we have heard a lot about enforcement priorities; 
        and, of course, we all recognize that Federal agencies 
        do . . . exercise prosecutorial discretion and the 
        President can properly inform the exercise of such 
        discretion. But that authority is not boundless.

        .  .  .  .

        The President is entitled to establish enforcement 
        priorities, but his ultimate goal must be the 
        implementation of a law enacted by Congress. If a 
        President disagrees with this law, his sole recourse is 
        to convince Congress to change it.\40\
---------------------------------------------------------------------------
    \40\U.S. Immigration and Customs Enforcement: Priorities and the 
Rule of Law: Hearing Before the Subcomm. on Immigration Policy and 
Enforcement of the House Comm. on the Judiciary, 112th Cong. 58-59 
(2011).

    In his testimony, Mr. Rivkin referenced the 1838 decision 
in Kendall v. U.S., in which the Supreme Court stated that 
``[t]o contend that the obligation imposed on the President to 
see the laws faithfully executed, implies a power to forbid 
their execution, is a novel construction of the Constitution, 
and entirely inadmissible.''\41\
---------------------------------------------------------------------------
    \41\37 U.S. 524, 613 (1838). See U.S. Const. art. II, sec. 3 & H.R 
Rep. No. 113-377, at 3-7 (2014).
---------------------------------------------------------------------------
    After the Napolitano announcement, it became clear that 
there was little if any planning in place regarding the actual 
implementation of DACA and processing of DACA applications. On 
the morning of June 15, 2012, DHS released Secretary 
Napolitano's memo regarding the administrative order. Later 
that morning, President Obama announced the new policy. The 
following Monday, USCIS Director Ali Mayorkas, ICE Director 
John Morton and U.S. Customs and Border Protection (CBP) 
Commissioner David Aguilar held a ``stakeholder'' conference 
call which Mayorkas began by stating that the three of them 
were ``not in the position to answer many questions about the 
process.''
    And even a month later at a July 13, 2012, briefing by John 
Sandweg, Counselor to the Secretary of DHS, Sandweg told 
Committee staff that there were ``a lot of questions for which 
we are not going to be able to give detailed answers today.'' 
Sandweg indicated that the Committee would be informed of the 
specifics of the implementation plan well in advance of August 
15 (the date on which USCIS was supposed to start accepting 
applications)--which did not turn out to be the case.
    To apply for DACA, an unlawful alien must complete three 
USCIS forms--the I-821D (DACA consideration), the I-765 
(application for employment authorization) and the I-765WS 
(worksheet to determine DACA applicants' economic need for 
employment authorization). The alien must submit the completed 
forms along with a fee of $465 ($380 for the work authorization 
and $85 for the fingerprint submission fee), and evidence of 
the following: 1) identity, 2) entry to the U.S. prior to age 
16, 3) immigration status (if ever possessed), 4) presence in 
the U.S. prior to June 15, 2012, 5) continuous presence in the 
U.S. since June 15, 2007, 6) student status (if applicable), 
and 7) honorable discharge from the U.S. military (if 
applicable).\42\
---------------------------------------------------------------------------
    \42\See USCIS website, ``Consideration of Deferred Action for 
Childhood Arrivals Process,'' http://www.uscis.gov/portal/site/uscis/
menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid
=f2ef2f19470f7310VgnVCM100000082ca60aRCRD&vgnextchannel;=f2ef2f19470f7310
VgnVCM10
0000082ca60aRCRD.
---------------------------------------------------------------------------
    As of July 31, 2014, USCIS had approved 591,555 DACA 
applications. As of August 31, 2014, USCIS had rejected 42,906 
DACA applications (A rejection does not represent a denial. An 
application is rejected because it was not properly completed 
by the applicant). As of July 31, 2014, USCIS had denied 26,130 
DACA applications.\43\
---------------------------------------------------------------------------
    \43\Information provided by USCIS.
---------------------------------------------------------------------------
    Strong fraud concerns exist regarding DACA. USCIS lists the 
types of documents that will be accepted as proof of each of 
the requirements a DACA applicant must meet. For instance, as 
proof of identity, USCIS will accept (among other things) a 
passport, national identity document from the applicant's home 
country, birth certificate with photo identification, school or 
military ID with photo or any U.S. government immigration 
document with a name and photo. And as evidence that a DACA 
applicant came to the U.S. prior to their 16th birthday, USCIS 
will accept (among other things) a school record from a U.S. 
school, travel records or medical records.\44\
---------------------------------------------------------------------------
    \44\See USCIS website, ``Consideration of Deferred Action for 
Childhood Arrivals Process,'' http://www.uscis.gov/portal/site/uscis/
menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid
=f2ef2f19470f7310VgnVCM100000082ca60aRCRD&vgnextchannel;=f2ef2f19470f7310
VgnVCM10
0000082ca60aRCRD.
---------------------------------------------------------------------------
    Unfortunately, many of the accepted documents can be easily 
forged. In addition, DHS does not have the resources to check 
with foreign countries to determine whether a ``national 
identity document for the country of origin'' is authentic.
    Fraud in legalization processing is nothing new. Professor 
Philip Martin of the University of California at Davis 
estimated that up to two-thirds of the applications for amnesty 
for unlawful alien farmworkers under the 1986 Special 
Agricultural Worker (SAW) legalization program were 
fraudulent.\45\ The Commission on Agricultural Workers found 
that ``[w]ith some luck, eventual U.S. permanent resident 
status could be gained through the purchase of a single 
fraudulent affidavit and the ability to maintain one's 
composure in an interview.''\46\ The Commission noted that 
``the Government was sorely taxed by its burden of disproving 
the evidence presented in each application.''\47\ Two 
commentators have also noted that:
---------------------------------------------------------------------------
    \45\See Philip Martin, Harvest of Confusion: Immigration Reform and 
California Agriculture, 24 Inter. Migration Rev. 69, 83 (1990).
    \46\Commission on Agricultural Workers, Report of the Commission on 
Agricultural Workers 63 (1992).
    \47\Id. at 64.

        [T]he documentation required in the application process 
        for SAWs was substantially less rigorous than it was 
        for general legalization applicants. . . . The 
        extremely large number of SAW applicants surprised 
        Congress, the INS (who processed the applications), and 
        almost all observers of farm labor in the United 
        States. To explain the large number, most persons 
        involved in the legalization process assume high rates 
        of fraud in the SAW program.\48\
---------------------------------------------------------------------------
    \48\Monica Heppel & Sandra Amendola, Immigration Reform and 
Perishable Crop Agriculture: Compliance or Circumvention? 20-24 (1992).

    The type of adjudicatory steps that USCIS indicates it 
takes for DACA application processing include many of the same 
adjudicatory steps that were required to process applications 
for SAW. For instance, DHS must determine continuous presence 
as of a certain date, lack of criminal convictions and proof of 
a certain activity (for SAW it was farmwork and for deferred 
action it is school attendance).
    DHS has indicated that no in-person interviews of DACA 
applicants will be conducted. In addition, according to DHS, 
the documents required as evidence of eligibility for 
immigration relief must be ``independently verifiable.'' 
However, this process must be ``cost neutral'', so fraud 
prevention and detection actions that are expensive or time 
consuming, or that ``unduly'' impact USCIS's other 
responsibilities, may not be utilized.\49\
---------------------------------------------------------------------------
    \49\Briefing for House Judiciary Committee Staff by John Sandweg, 
Counselor to the Secretary of DHS, July 13, 2012.
---------------------------------------------------------------------------
    If individuals are caught committing fraud in the 
application process, DHS retains the ``flexibility'' to decide 
whether or not to prosecute them for fraud. Requests to DHS for 
statistics about the fraud found in DACA applications have gone 
unanswered.
    Perhaps most concerning, however, is that with its updated 
DACA Frequently Asked Questions (``FAQs''), issued on May 15, 
2014, USCIS essentially broadcast its intention not to check 
the validity of documents submitted in support of a DACA 
application. Specifically the question and answer to FAQ 21 
states:\50\
---------------------------------------------------------------------------
    \50\USCIS Frequently Asked Questions, updated June 5, 2014, http://
www.uscis.gov/humani
tarian/consideration-deferred-action-childhood-arrivals-process/
frequently-asked-questions#
DACA%20process.

        Q21: Will USCIS verify documents or statements that I 
---------------------------------------------------------------------------
        provide in support of a request for DACA?

        A21: USCIS has the authority to verify documents, 
        facts, and statements that are provided in support of 
        requests for DACA. USCIS may contact education 
        institutions, other government agencies, employers, or 
        other entities in order to verify information.

    Another concern is that the DACA application fee of $465 is 
not enough to cover the cost of DACA processing. It is no more 
than what USCIS already charges to adjudicate an application 
for work authorization and a biometric submission (both of 
which are done for DACA applicants). Thus, it is clear that 
there is no fee charged to actually cover the cost of 
adjudicating the DACA application itself.
    USCIS continues to process SAW applications with the form 
I-687. And the current required fee to file an I-687 is $1,130. 
Clearly, USCIS charges nothing to process a deferred action 
application that has substantially the same adjudicatory 
requirements as a SAW application.
    Historically, the refusal of USCIS to charge enough in 
application/processing fees to cover the actual costs of 
processing those applications resulted in an enormous backlog 
of legal immigration benefits applications and in very long 
processing wait times for legal immigrants and aspiring U.S. 
citizens. Per USICS request, Congress provided funds to USCIS 
specifically to hire personnel to reduce that backlog. USCIS's 
decision not to charge a fee for form I-821D processing did in 
fact result in enormous backlogs for processing of immediate 
relatives petition for lawful permanent residence. In fact, the 
New York Times has reported that:

        Many thousands of Americans seeking green cards for 
        foreign spouses or other immediate relatives have been 
        separated from them for a year or more because of 
        swelling bureaucratic delays at a Federal immigration 
        agency in recent months. The long waits came when 
        [USCIS] shifted attention and resources to a program 
        President Obama started in 2012 to give deportation 
        deferrals to young undocumented immigrants, according 
        to administration officials and official data.\51\
---------------------------------------------------------------------------
    \51\Julie Preston, Program Benefiting Some Immigrants Extends Visa 
Waits for Others, New York Times, Feb. 8, 2014.

    The issue of a ``fee exemption'' is also a concern. In July 
2012, Secretary Napolitano testified that fee waivers would 
only be granted for ``very deserving cases.''\52\ USCIS 
materials note that ``fee exemptions are available in very 
limited circumstances.''\53\ Unfortunately, USCIS declines to 
tell Committee staff how many fee exemptions have been granted.
---------------------------------------------------------------------------
    \52\Oversight of the Department of Homeland Security: Hearing 
Before the House Comm. on the Judiciary, 112th Cong. 69 (2012).
    \53\USCIS website, ``Consideration of Deferred Action for Childhood 
Arrivals Process,'' http://www.uscis.gov/portal/site/uscis/
menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=f2ef2f
19470f7310VgnVCM100000082ca60aRCRD&vgnextchannel;=f2ef2f19470f7310VgnVCM1
0000008
2ca60aRCRD.
---------------------------------------------------------------------------
    The Administration claims that DACA provides no path to 
citizenship. However, Secretary Napolitano testified that there 
may be cases in which advance parole is granted.\54\ Advance 
parole is permission to foreign nationals to allow them to re-
enter the United States after temporarily traveling abroad. 
Once granted advance parole, a DACA recipient can adjust 
immigration status to lawful permanent residence status (if 
otherwise eligible) either through a family or employment-based 
petition, and would not be subject to the 3- and 10-year bars 
to admissibility for unlawful presence.\55\
---------------------------------------------------------------------------
    \54\See Oversight of the Department of Homeland Security: Hearing 
Before the House Comm. on the Judiciary at 25.
    \55\See INA sec. 212(a)(9)(B)(i).
---------------------------------------------------------------------------
    ICE agents and prosecutors and CBP officers have been 
forced to modify the carrying out of their enforcement duties 
under the DACA program. In most cases, when CBP officers 
encounter an unlawful alien who claims to qualify for DACA at a 
CBP checkpoint, the CBP officer cannot take the individual into 
custody and must give them a letter outlining DACA and stating 
that the individual should contact USCIS to apply for relief. 
In most cases, if an ICE agent in the field encounters an 
unlawful alien who claims to qualify for DACA, the ICE agent is 
prohibited from taking the individual into custody and must 
notify the individual either verbally or in writing that the 
individual should contact USCIS to apply for relief. And ICE 
prosecutors have been required to comb their pending case files 
for unlawful aliens who could qualify for DACA. If they find 
someone who may be eligible, they must notify the unlawful 
alien that they are DACA eligible.
    Also of concern is the weakening of standards for DACA 
eligibility. One way an individual can satisfy the education-
related DACA requirement is by being ``currently in school. . . 
.''\56\ FAQ33 addresses what is considered ``currently in 
school'' and the updated procedures STATE that the individual 
can be ``enrolled in'' an ``alternative program.''\57\ There is 
no definition of what ``alternative program'' means and 
internal USCIS sources indicate that this was discussed as a 
way to specifically ensure that more individuals would meet the 
education requirement. Committee staff repeatedly requested the 
definition of ``alternative program'' and was told that a 
definition existed and that it would be provided to the 
Committee, but USCIS has not as of yet provided it.
---------------------------------------------------------------------------
    \56\USCIS Frequently Asked Questions, updated June 5, 2014.
    \57\Id. at FAQ 33.
---------------------------------------------------------------------------
    Finally, unlawful aliens found to be ineligible for DACA 
will not be placed in removal proceedings unless they meet 
ICE's enforcement priorities.
            C. Parole-in-Place
    Section 212(d)(5)(A) of the Immigration and Nationality Act 
allows the Secretary of DHS in his or her discretion to 
``parole into the United States temporarily under such 
conditions as he may prescribe only on a case-by-case basis for 
urgent humanitarian reasons or significant public benefit any 
alien applying for admission to the United States. . . .'' 
However, the section makes clear that the parole is temporary, 
stating ``such parole of such alien shall not be regarded as an 
admission of the alien and when the purposes of such parole 
shall, in the opinion of the Secretary, have been served the 
alien shall forthwith return or be returned to the custody from 
which he was paroled. . . .'' This limitation on use only on a 
case-by-case basis for urgent humanitarian reasons or 
significant public benefit was added by the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996.\58\ The House 
Report stated that this limitation was ``intended to end the 
use of parole authority to create an ad hoc immigration policy 
or to supplement current immigration categories without 
Congressional approval.''\59\
---------------------------------------------------------------------------
    \58\See sec. 602 of division C of title IV of Pub. L. No. 104-208.
    \59\See H.R. Rep. No. 104-469, part 1, at 175 (1996).
---------------------------------------------------------------------------
    On November 15, 2013, then USCIS Director Ali Mayorkas 
issued a memo regarding the grant of parole to unlawful alien 
spouses, children and parents of active duty and former Armed 
Services and Ready Reserve service members.\60\ Specifically, 
the memo provided that these relatives of anyone who has ever 
served in the U.S. Armed Forces for any period of time (and 
without regard to whether discharge was honorable or 
dishonorable) are eligible to receive parole on a categorical 
basis.\61\
---------------------------------------------------------------------------
    \60\See USCIS Policy Memorandum, PM-602-009, Nov. 15, 2013.
    \61\See id.
---------------------------------------------------------------------------
    The memo also provides that despite entering the United 
States without inspection, these relatives of individuals who 
have served in the Armed Forces or Ready Reserve are allowed to 
adjust status to that of lawful permanent residence should they 
otherwise qualify for an immigrant visa. These individuals 
would not have to follow the normal statutory procedures for 
such adjustment of traveling abroad for consular processing, 
and would not be subject to the 3- and 10-year bars to 
admissibility for unlawful presence.\62\
---------------------------------------------------------------------------
    \62\See INA sec. 212(a)(9)(B)(i).
---------------------------------------------------------------------------
            D. ICE Agents in the Field
    Following the release of the first round of ICE 
prosecutorial discretion memos in 2010, the ICE union issued a 
press release stating that:

        On June 11, 2010, ICE Union leaders around the nation 
        issued a unanimous no confidence vote in ICE Director 
        John Morton on behalf of ICE officers, agents and 
        employees nationwide citing gross mismanagement within 
        the Agency as well as efforts within ICE to create 
        backdoor amnesty through agency policy. ICE Union 
        leaders say that since the no confidence vote was 
        released problems within the Agency have increased, 
        citing the Director's latest Discretionary Memo as just 
        one example.

    On July 26, 2011, ICE Union head Chris Crane testified 
before the Immigration Policy and Enforcement Subcommittee.\63\ 
Mr. Crane not only represents ICE agents, but is also an ICE 
immigration enforcement agent and has worked as part of the 
Criminal Alien Program and the fugitive operations team. He 
reiterated the union's no-confidence vote in Director Morton, 
based upon membership's beliefs that ``ICE is broken'' and that 
``politics are the priority at ICE'' under the current 
Director's leadership. Mr. Crane went on to describe a culture 
where ICE agents and officers are excluded from pre-decisional 
policy development while immigrant advocacy groups are 
routinely brought in to help write security and law enforcement 
protocols.
---------------------------------------------------------------------------
    \63\See Hinder the Administration's Legalization Temptation Act: 
Hearing Before the Immigration Policy and Enforcement Subcomm. of the 
House Judiciary Comm., 111th Congress 17 (2011).
---------------------------------------------------------------------------
    Furthermore, Mr. Crane stated that ``[t]he prosecutorial 
discretion memorandum issued by ICE Director John Morton on 
June 17th, 2011 cannot be effectively applied in the field and 
has the potential to either completely overwhelm ICE's limited 
manpower resources or result in the indiscriminate and large 
scale release of aliens encountered in all ICE law enforcement 
operations, not just the ICE Secure Communities Program.''
    According to Mr. Crane and other agents who communicated 
with Committee staff, ICE Headquarters (HQ) refused to put many 
directives in writing to supervisors, agents, and officers in 
the field in order to prevent them from becoming known to the 
general public. In conversations with agents, they have been 
able to provide three emails that can be summarized as such:

    Email 1:

    This is an email from a local manager to his officers 
describing comments by ICE HQ Leadership during a 
teleconference regarding Operation Crosscheck. One Deputy 
Associate Director (DAD) is reported to have said ``[t]his is 
not a fugitive operation. This is an operation targeting 
criminal aliens. If the aliens you encounter are not criminal, 
they will not be arrested. . . . Am I telling you to walk away 
from a non-criminal fugitive or a non-criminal reinstate? 
Yes!'' Another DAD is reported to have said ``Only targets will 
be arrested. There will be no collateral arrests of any kind 
with this op. . . . no enforcement activities, including 
surveillance will take place near sensitive locations. . . .''

    Email 2:

    This email is from local managers to their subordinate 
managers and emphasizes only criminal arrests. ``[A]s of right 
now, they only want targets arrested unless you come across a 
collateral that is a confirmed convicted criminal alien. . . . 
[I]f you see your target, you should arrest your target and 
leave the scene w/o anyone else being interviewed. . . . I will 
not be able to enter any information in the database if it 
relates to a non-convicted, non-criminal alien.''

    Email 3:

    This email string begins with a manager giving officers 
direction on a related matter, but one officer begins to 
question other orders not to arrest aliens subject to 
reinstatements of removal orders. The officer is told that only 
reinstatements with other criminal convictions may be arrested. 
The officer is told that officers in the field are to ``walk 
away . . . with no one'' if the target is not located.

    A number of ICE deportation officers and immigration 
enforcement agents and the state of Mississippi filed a Federal 
lawsuit challenging the constitutional and statutory validity 
of the memo issued by ICE Director Morton on June 17, 2011, on 
prosecutorial discretion and the directive issued by DHS 
Secretary Napolitano on June 15, 2012 as to DACA.\64\ They 
``challenge the portions of the Directive and Morton Memorandum 
that require ICE officers to exercise prosecutorial discretion 
and defer action against aliens who satisfy the Directive's 
critieria'' and ``the portion of the Directive that permits 
USCIS to issue employment authorization to Directive-eligible 
aliens during the period of deferred action.''\65\ Allegedly, 
the ICE agent plaintiffs' ``supervisors have instructed them 
that an alien only needs to claim he is covered by the 
Directive to be released and offered the benefits of the 
Directive'' and they are ``prohibited from demanding proof that 
an alien meets the Directive's criteria.''\66\
---------------------------------------------------------------------------
    \64\See Crane v. Napolitano, 920 F. Supp.2d 724, 731 (N.D. Texas 
2013) (memorandum opinion and order).
    \65\Id.
    \66\Id.
---------------------------------------------------------------------------
    The basis of the lawsuit is the ICE agent plaintiffs' 
contention ``that the Directive commands ICE officers to 
violate Federal law and to violate their oaths to uphold and 
support Federal law'' and that ``they believe they will be 
disciplined or suffer other adverse employment consequences if 
they arrest or issue a Notice to Appear in removal proceedings 
. . . to an alien who satisfies the factors for deferred action 
set out in the Directive.''\67\ As the court stated:
---------------------------------------------------------------------------
    \67\Id. (footnotes omitted).

        The ICE Agent Plaintiffs allege that compliance with 
        the Directive and Morton Memorandum would require them 
        to violate their statutory obligations under the 
        Immigration and Nationality Act. . . . The [Act] 
        provides that ``[a]n alien present in the United States 
        who has not been admitted . . . shall be deemed for 
        purposes of this chapter an applicant for admission.'' 
        . . . All applicants for admission ``shall be inspected 
        by immigration officers.'' . . . ``[I]f the examining 
        immigration officer determines that an alien seeking 
        admission is not clearly and beyond a doubt entitled to 
        be admitted, the alien shall be detained for a 
        proceeding. . . .'' The ICE Agent Plaintiffs assert 
        that these statutory provisions require them to arrest 
        or issue a[ Notice to Appear] to illegal aliens 
        whenever those aliens ``are not clearly and beyond a 
        doubt entitled to be admitted'' to the United States. . 
        . . Because Directive-eligible aliens may not be 
        ``clearly and beyond a doubt entitled to be admitted,'' 
        Plaintiffs allege that Federal law requires them to 
        arrest those aliens or issue a [Notice to Appear].\68\
---------------------------------------------------------------------------
    \68\Id. at 738 (citations omitted).

    DHS asked the court to dismiss the lawsuit on a number of 
bases, including that the plaintiffs did not have standing to 
sue. The court ruled that the ICE agents, though not the state 
of Mississippi, did have standing to sue on a number of their 
causes of action.\69\ On April 23, 2013, the judge denied the 
Government's motion for summary judgment but deferred ruling on 
Plaintiffs' Application for Preliminary Injunction until the 
parties have provided the Court with additional briefing on 
certain legal issues.\70\ Importantly, the court ruled that the 
Immigration and Nationality Act ``imposes a mandatory duty on 
immigration officers to initiate removal proceedings'' in the 
circumstances set forth above and that ``DHS does not have 
discretion to refuse to initiate removal proceedings when the 
requirements [of the INA set forth above] are satisfied.''\71\ 
On July 31, 2013, the lawsuit was dismissed, but only because 
the court had no subject matter jurisdiction because the judge 
found that the agents' only remedy was pursuant to the scheme 
provided by the Civil Service Reform Act.\72\ The judge still 
believed that the agents were ``likely to succeed on the merits 
of their claim challenging the Directive and Morton Memorandum 
as contrary to the provisions of the Immigration and 
Nationality Act. . . .''\73\
---------------------------------------------------------------------------
    \69\See id. at 741.
    \70\See Crane v. Napolitano, Civil Action No. 3:12-cv-03247-O, 2013 
WL 1744422 (N.D. Texas April 23, 2013).
    \71\Id. at 11, 13.
    \72\See Crane v. Napolitano, Civil Action No. 3:12-cv-03247-O (N.D. 
Texas July 31, 2013) (order).
    \73\Id., slip op. at 6.
---------------------------------------------------------------------------
            E. ICE Removal Numbers
    Over the past few years, ICE had been claiming to have 
removed record numbers of unlawful or otherwise removable 
aliens from the United States--389,834 in fiscal year 2009, 
392,862 in fiscal year 2010, 396,906 in fiscal year 2011, and 
409,849 in fiscal year 2012. However, ICE has since admitted to 
a 10% drop in removals in fiscal year 2013 (to 368,644), and 
the Center for Immigration Studies (CIS) has reported that 
internal ICE documents indicate that the number will fall to 
little more than 300,000 in fiscal year 2014.\74\
---------------------------------------------------------------------------
    \74\See Jessica Vaughan, ICE Enforcement Collapses Further in 2014, 
2014 Center for Immigration Studies at 1.
---------------------------------------------------------------------------
    Of course, to the extent these numbers are reflective of 
actual removals, they indicate the vast increase in enforcement 
resources provided by Congress in recent years. ICE's budget 
has increased from approximately $3 billion in fiscal year 2005 
to over $5.6 billion in fiscal year 2014.\75\ However, in 
reality, ICE's supposed removal numbers are not reflective of 
actual removals.
---------------------------------------------------------------------------
    \75\See DHS and ICE budget documents.
---------------------------------------------------------------------------
    The Judiciary Committee learned that beginning in fiscal 
year 2011, ICE started to include the Alien Transfer Exit 
Program (ATEP) in its removal numbers. ATEP is a joint effort 
by ICE and CBP that transfers unlawful aliens apprehended at 
the U.S.-Mexico border to another point along the Southwest 
border for removal.\76\ It is not appropriate to count aliens 
apprehended by the Border Patrol along the border as ICE 
removals. These are not removals of aliens who were actually 
residing in the U.S. (the primary responsibility of ICE, as 
opposed to CBP), and removal orders are not always placed 
against the aliens. In such cases, there are no penalties or 
bars attached when they are sent back across the border. They 
can simply attempt reentry without being subject to the 
criminal penalties that apply to aliens who reenter after being 
officially removed. If the ATEP removals of 36,587 in 2011 and 
85,550 in 2012 are removed from the ICE removal totals, ICE 
removals for 2011 fall to 360,319 and removals for 2012 fall to 
324,299.\77\ This represents a drop in ICE removals of 17% from 
2010.
---------------------------------------------------------------------------
    \76\In May 2013, ICE suspended operation of ATEP due to the high 
costs of the program. However, in June 2013, the Administration 
reinstated limited routes via busing. The ATEP program had involved 
detaining aliens encountered at one port of entry and flying them to 
another port of entry in order to remove them. Both the detention and 
flights were costly to maintain, particularly where similarly situated 
aliens were previously bused back across the border.
    \77\Information obtained by the Judiciary Committee.
---------------------------------------------------------------------------
    However, it has become apparent that ICE's counting of 
aliens apprehended by the Border Patrol along the border as ICE 
removals has been far more extensive than even indicated above. 
CIS obtained ICE data contained in two editions of the ``Weekly 
Departures and Detention Report'' prepared by ICE's Enforcement 
and Removal Operations and data that was made available as part 
of the discovery process in the lawsuit against DHS by ICE 
deportation officers and immigration enforcement agents and the 
state of Mississippi.\78\ The data reveals that more than half 
of the removals claimed by ICE originate as aliens apprehended 
by the Border Patrol along the border or by CBP at ports-of-
entry--in fiscal year 2012, of 409,849 claimed ICE removals, 
228,879 (or 56%) originated along the border while the number 
of true ICE removals from the interior was only 180,970.\79\ 
Following the release of this data by CIS, ICE itself began to 
report the relevant information.\80\ ICE's report indicates 
that the situation deteriorated even further in 2013, when 
almost two-thirds of all removals claimed by ICE (235,093 out 
of 368,644) involved aliens apprehended by the Border Patrol 
along the border or intercepted by inspectors at ports-of-
entry.\81\ These aliens were not actually residing in the 
U.S.--unlawfully working or committing crimes--and cannot be 
legitimately counted as ICE removals. As mentioned above, 
removal orders have not been placed against all these aliens. 
The number of true ICE removals of aliens apprehended in the 
interior has fallen 43% from fiscal year 2008 to fiscal year 
2013--from 234,770 to 133,551.\82\ CIS has reported that 
internal ICE documents indicate that the number will fall to 
little more than 100,000 in fiscal year 2014.\83\
---------------------------------------------------------------------------
    \78\See Jessica Vaughan, Deportation Numbers Unwrapped: Raw 
Statistics Reveal the Real Story of ICE Enforcement in Decline, 2013 
Center for Immigration Studies.
    \79\See id. at 6 (table 3).
    \80\See ICE, DHS, FY 2013 ICE Immigration Removals.
    \81\See id. at 1, 3.
    \82\See id. at 3; and information provided by ICE.
    \83\See ICE Enforcement Collapses Further in 2014 at 7 (figure 5).
---------------------------------------------------------------------------
    Even worse, the number of removals attributable to ICE's 
Homeland Security Investigations fell from 41,494 in 2009 to 
7,584 in 2012; the Center for Immigration Studies notes that 
``this is the division of ICE that is responsible for work site 
enforcement, combatting transnational gangs, overstay 
enforcement, anti-smuggling and trafficking activities, and 
busting document and identity theft rings. . . .''\84\
---------------------------------------------------------------------------
    \84\Deportation Numbers Unwrapped at 6.
---------------------------------------------------------------------------
    President Obama may have been referring to these 
manipulations when he stated that ICE's removal numbers were 
``deceptive'':

        President Obama said statistics that show his 
        administration is on track to deport more illegal 
        immigrants than the Bush administration are misleading. 
        ``The statistics are a little deceptive,'' he said 
        Wednesday. . . . Obama explained that enhanced border 
        security has led to Border Patrol agents arresting more 
        people as they cross into the country illegally. Those 
        people are quickly sent back to their countries, but 
        are counted as deported illegal immigrants.\85\
---------------------------------------------------------------------------
    \85\Brendan Sasso, Obama: Deportation Statistics ``Deceptive,'' the 
Hill, Sept. 28, 2011.

    Furthermore, according to a study conducted by 
Transactional Records Access Clearinghouse (TRAC) at Syracuse 
University, data obtained under the Freedom of Information Act 
from ICE shows that the immigration ``detainers'' issued by the 
agency are declining.\86\ Detainers are notices issued by ICE 
and other DHS units that ask local, State and Federal law 
enforcement agencies not to release suspected removable aliens 
held at their facilities in order to give ICE an opportunity to 
take them into its custody. Detainers, often called 
``immigration holds,'' are a primary tool that ICE uses to 
apprehend the suspects it is seeking.
---------------------------------------------------------------------------
    \86\See Transactional Records Access Clearinghouse, Number of ICE 
Detainers Drops by 19 Percent, July 25, 2013.
---------------------------------------------------------------------------
    The ICE data covering the first 4 months of fiscal year 
2013 indicate that the agency issued an average of 18,427 
detainers each month in this recent period--down 19% from the 
average monthly number of 22,832 during 2012.\87\ Corroborating 
TRAC, ICE data uncovered by CIS indicates the agency issued 
176,901 detainers during the first 10 months of fiscal year 
2013--down 25% from the same period in fiscal year 2012 (about 
236,087).\88\ CIS later indicated that internal ICE reports 
project that the number of detainer issued will fall by an 
additional 24% from fiscal year 2013 to 2014.\89\ This shows 
that ICE is attempting to remove fewer and fewer of the 
removable aliens that it encounters. Additionally, according to 
agency sources, ICE officers are simply not issuing detainers 
to aliens who they know will subsequently be released under 
ICE's new enforcement ``priorities.''
---------------------------------------------------------------------------
    \87\See id.
    \88\See Deportation Numbers Unwrapped at 8 (table 4).
    \89\See ICE Enforcement Collapses Further in 2014 at 3.
---------------------------------------------------------------------------
    Additionally, the data uncovered by CIS indicates that the 
number of charging documents issued by ICE to removable aliens 
declined from 208,728 in the first 10 months of fiscal year 
2012 to 162,610 in the same time period in 2013--a drop of 
22%.\90\ In this period in 2013, ICE issued charging documents 
to only 27% of the removable aliens it encountered--down from 
35% in the same period in 2012.\91\ CIS later indicated that 
internal ICE reports project that the number of charging 
documents issued will decline by 25% from fiscal year 2013 to 
2014.\92\
---------------------------------------------------------------------------
    \90\See id.
    \91\See id. at 8.
    \92\See ICE Enforcement Collapses Further in 2014 at 3.
---------------------------------------------------------------------------
            F. Conclusion
    President Obama has sought to rewrite immigration laws 
passed by Congress by taking administrative action via policy 
memoranda. And he plans to go much further. In the spring of 
2014, he asked Secretary of Homeland Security Jeh Johnson to 
perform an ``inventory'' of the Department of Homeland 
Security's current immigration enforcement practices ``to see 
how it can conduct enforcement more humanely within the 
confines of the law.'' The Administration has since announced 
administrative amnesty and work authorization for millions of 
unlawful aliens in the U.S.
    In our constitutional system, however, it is Congress that 
has plenary constitutional authority to establish U.S. 
immigration policy.\93\ Fundamental reform requires legislative 
action. The President cannot simply change immigration laws on 
his own, and the Administration's effort to do so, by 
announcing that it will essentially seek deportation only for 
unlawful aliens who have committed ``serious'' crimes in the 
United States, violates the rule of law.
---------------------------------------------------------------------------
    \93\See U.S. Const. art. I, sec. 8, cl. 4 (Congress shall have 
power to ``establish an uniform Rule of Naturalization.''). The Supreme 
Court has long found that this provision of the Constitution grants 
Congress plenary power over immigration policy. As the Court found in 
Galvan v. Press, 347 U.S. 522, 531 (1954), ``that the formulation of 
policies [pertaining to the entry of aliens and their right to remain 
here] is entrusted exclusively to Congress has become about as firmly 
imbedded in the legislative and judicial tissues of our body politic as 
any aspect of our government.'' And, as the Court found in Kleindienst 
v. Mandel, 408 U.S. 753, 766 (1972) (quoting Boutilier v. INS, 387 U.S. 
118, 123 (1967)), ``[t]he Court without exception has sustained 
Congress' `plenary power to make rules for the admission of aliens and 
to exclude those who possess those characteristics which Congress has 
forbidden.'''
---------------------------------------------------------------------------
    It is unlikely that any President could expel each and 
every unlawful alien in the United States--perhaps more than 11 
million individuals. Resources to identify, apprehend, process, 
and promptly deport millions of unlawful aliens have been 
lacking for years and, arguably, so has been the political will 
to do so. But President Obama's current policy is fundamentally 
different from the flawed immigration enforcement records of 
previous presidents. The Administration has stated that 
deportation efforts will be focused almost solely on aliens 
with ``serious'' criminal records and enforcement action will 
rarely be taken on other types of cases. Aliens who have 
avoided apprehension at the border and not been convicted of a 
serious enough offense since arriving to the United States will 
no longer face any prospect of deportation, the most basic 
means of immigration enforcement.
    Far from simply prioritizing the use of limited resources, 
the administration's policy effectively rewrites the law. It 
means that the vast majority of illegal immigrants and ``low-
level'' criminal aliens need no longer fear any immigration law 
enforcement. Limiting the possibility of deportation in this 
manner eliminates entirely any deterrent effect the immigration 
laws have, and also states plainly that those laws can be 
ignored with impunity. The President has, in effect, suspended 
operation of those laws with respect to a very large and 
identifiable class of offenders. This clearly exceeds his 
authority.
    As the Committee has recently stated:

        Although the President can, for example, legitimately 
        decide that, in the post-9/11 environment, most of the 
        Federal Bureau of Investigation's resources should be 
        dedicated to the investigation and prosecution of 
        terrorism cases, he cannot decree that no enforcement 
        assets whatsoever will be allocated to securities fraud 
        or counterfeiting cases. Because the Constitution gives 
        the Executive Branch the exclusive power to enforce 
        Federal laws, this would effectively decriminalize 
        securities fraud and counterfeiting, derogating from 
        the Federal statutes that prescribed such 
        activities.\94\
---------------------------------------------------------------------------
    \94\See H.R. Rep. 113-377 at 8.

    Removals are down so dramatically because the Obama 
Administration is twisting the concept of ``prosecutorial 
discretion'' beyond all recognition--all in an unprecedented 
effort to create immigration enforcement-free zones. Removal is 
discouraged, if not outright prohibited, for millions of 
unlawful and criminal aliens not considered ``priorities.''
    As George Washington University Law School Professor 
Jonathan Turley has told the House Judiciary Committee, in so 
abusing the concept of prosecutorial discretion:

        President Obama [is] nullifying part of a law that he 
        simply disagree[s] with. . . . It is difficult to 
        discern any definition of the faithful execution of the 
        laws that would include the blanket suspension or 
        nullification of key provisions. . . . If a president 
        can claim sweeping discretion to suspend key Federal 
        laws, the entire legislative process becomes little 
        more than a pretense.\95\
---------------------------------------------------------------------------
    \95\The President's Constitutional Duty to Faithfully Execute the 
Laws: Hearing Before the House Comm. on the Judiciary, 113th Cong. 
(2013).

The Identification of Immigrant Criminals
    Enforcement and Removal Operations (ERO) within ICE 
identifies and apprehends removable aliens, detains these 
individuals when necessary and removes aliens ordered removed 
from the U.S.
            A. The Criminal Alien Program (CAP)
    ICE's criminal alien program within ERO identifies, 
processes and removes immigrant criminals serving their 
criminal sentences in federal, State and local prisons and 
jails throughout the U.S. The program was created to prevent 
immigrant criminals from being released after serving their 
sentences. The goal of the program is to secure a final removal 
order prior to the termination of immigrant criminals' 
sentences whenever possible.\96\ ERO officers and agents 
assigned to the CAP program in federal, State and local prisons 
and jails screen inmates and place detainers on immigrant 
criminals to process them for removal before they are released 
to the general public. After the screening process and 
interviews, ERO initiates proceedings to remove the immigrant 
criminals from the United States.\97\
---------------------------------------------------------------------------
    \96\See ICE Website, http://www.ice.gov/criminal-alien-program.
    \97\See id.
---------------------------------------------------------------------------
            B. Secure Communities
    Through the Secure Communities strategy, ICE leverages an 
existing information sharing capability between DHS and the 
Department of Justice (DOJ) to quickly and accurately identify 
aliens who are arrested for a crime and booked into local law 
enforcement custody. With this capability, the fingerprints of 
everyone arrested and booked are checked against FBI criminal 
history records and are also checked against DHS immigration 
records. If fingerprints match DHS records, ICE determines if 
immigration enforcement action is appropriate.\98\
---------------------------------------------------------------------------
    \98\See ICE website, http://www.ice.gov/secure_communities.
---------------------------------------------------------------------------
    Congress created Secure Communities in 2008 as a pilot 
program to establish the capability to identify all immigrant 
criminals or potential immigrant criminals at the time of 
arrest. Since the program was activated, it has led to the 
removal of more than 135,000 convicted criminals.\99\ 
Unfortunately, the Administration has since announced that it 
is ending the Secure Communities program.
---------------------------------------------------------------------------
    \99\ICE Website (accessed March 8, 2013).
---------------------------------------------------------------------------
    Once an alien is brought to the attention of DHS by Secure 
Communities, ICE may issue a ``detainer'' to a local jail or 
correctional facility when it seeks to take custody of an 
individual in that facility.\100\ Generally, an immigration 
detainer is a request to a local law enforcement agency to 
detain a named individual for up to 48 hours after that person 
would otherwise be released (excluding Saturdays, Sundays, and 
holidays), in order to provide ICE an opportunity to assume 
custody of that individual. The 48-hour period begins to run 
when the named individual is no longer subject to detention by 
the local law enforcement agency--that is, after the individual 
has posted bond or completed a jail or prison sentence.\101\
---------------------------------------------------------------------------
    \100\See ICE website, available at http://www.ice.gov/
secure_communities/.
    \101\See id.
---------------------------------------------------------------------------
    If a detainer is placed pretrial against an individual and 
they post bail, ICE must assume custody of him or her within 48 
hours.\102\ If ICE fails to assume custody of the individual 
during the 48-hour period, the individual may be released. The 
local jail or correctional facility no longer has the authority 
to detain an individual once the detainer has expired.
---------------------------------------------------------------------------
    \102\See id.
---------------------------------------------------------------------------
    Despite the ramping up of Secure Communities in 2013, the 
data uncovered by the Center for Immigration Studies reveals 
that the number of removals originating with Secure Communities 
has fallen from 83,815 in fiscal year 2012 to a projected 
69,189 in 2013--a decrease of 17%--and that the overall number 
of alien convicted criminals arrested by ICE declined from 
143,598 in the first 10 months of 2012 to 128,441 in the same 
period in 2013.\103\
---------------------------------------------------------------------------
    \103\See Deportation Numbers Unwrapped: Raw Statistics Reveal the 
Real Story of ICE Enforcement in Decline at 10-11 (tables 6 and 7).
---------------------------------------------------------------------------
    Secure Communities has sparked controversy amongst 
immigrants' rights advocates. In 2011, advocates persuaded the 
governors of Massachusetts, Illinois and New York, along with 
municipal leaders in Los Angeles, San Francisco, and Boston, to 
``opt out.'' Boston Mayor Thomas Menino declared that contrary 
to its stated goal, Secure Communities ``is negatively 
impacting public safety'' complaining that numerous immigrants 
have been deported after committing only minor traffic 
violations. Furthermore, he has claimed that the program is 
hurting community policing efforts.\104\
---------------------------------------------------------------------------
    \104\Julia Preston, Resistance Widens to Obama Initiative on 
Criminal Immigrants, The New York Times, August 13, 2011.
---------------------------------------------------------------------------
    In June 2011, in response to criticisms regarding the 
enforcement actions taken under Secure Communities, the 
administration established a Task Force on Secure Communities. 
The task force was comprised of leaders from State and local 
government, first responder agencies, the private sector, and 
academia.\105\ The task force was specifically charged with 
making recommendations on how ICE could improve the Secure 
Communities program and address concerns about its impact on 
community policing and unlawful aliens arrested or convicted of 
``minor crimes.'' The task force membership was more heavily 
made up of advocacy groups rather than law enforcement 
officials and had no advocates for immigration law enforcement. 
It issued a report making several recommendations. The ICE 
union was originally a part of the task force but removed 
itself after deciding that its views were being ignored. The 
report, which was submitted to ICE for review, was not 
unanimously agreed to by its members. Some refused to sign the 
report because it failed to urge suspension or termination of 
the program, while others objected because it recommended major 
changes that would weaken the program's enforcement value.
---------------------------------------------------------------------------
    \105\See Task Force on Secure Communities Findings and 
Recommendations (2011), http://www.dhs.gov/xlibrary/assets/hsac-task-
force-on-secure-communities-findings-and-recommendations-report.pdf.
---------------------------------------------------------------------------
    The task force report included many recommendations. 
Specifically, it asked for ICE to clarify the goals and 
objectives of the Secure Communities program, as well as the 
parameters and functioning of the program, and accurately relay 
this information to participating jurisdictions, future 
participating jurisdictions, and the communities they serve. 
The report also recommended improving the transparency of the 
program and implementing systematic mechanisms to ensure that 
Secure Communities adheres to its stated enforcement objective 
of prioritizing those who pose a risk to public safety or 
national security.\106\
---------------------------------------------------------------------------
    \106\Id.
---------------------------------------------------------------------------
    On April 27, 2011, ICE Director John Morton issued a 
response to the task force recommendations. He commended the 
task force for its work and indicated that ICE had already 
begun to implement changes in response to the findings and 
recommendations included in the report. ICE agreed with all of 
the recommendation made by the task force save one. ICE 
disagreed with the need to establishing a pilot initiative in a 
selected jurisdiction, where an independent, multi-disciplinary 
panel would review specific cases.\107\
---------------------------------------------------------------------------
    \107\See ICE, DHS, ICE Response to the Task Force on Secure 
Communities Findings and 
Recommendations (April 27, 2011), http://www.ice.gov/doclib/secure-
communities/pdf/hsac-sc-taskforce-report.pdf.
---------------------------------------------------------------------------
    Prior to the task force's issuance of recommendations, on 
August 5, 2011, ICE Director John Morton announced that ICE had 
decided to terminate all existing Memoranda of Agreement (MOA) 
that it had entered into with the states regarding the 
operation of Secure Communities. In his letter to Governors, 
Director Morton stated that the MOAs had resulted in 
``substantial confusion'' regarding whether a State was 
required to enter into such an agreement in order for Secure 
Communities to operate in that state. In his letter, Morton 
revealed that ICE had determined that an MOA is not required to 
activate or operate Secure Communities in any jurisdiction. 
Once a State or local law enforcement agency voluntarily 
submits fingerprint data to the Federal Government (normally to 
the FBI for a criminal history record check), no agreement with 
the state is legally necessary for one part of the Federal 
Government to share it with another part.\108\
---------------------------------------------------------------------------
    \108\See letter from John Morton, Director, ICE, DHS, to State 
governors (August 5, 2011).
---------------------------------------------------------------------------
    A number of local law enforcement agencies have refused to 
recognize ICE detainers.\109\ Commissioners in Cook County, 
Illinois, adopted a law that orders the sheriff to decline all 
Federal requests to detain immigrants after they complete their 
sentences or post bail unless there is a written agreement with 
the Federal Government that all of Cook County's costs were to 
be reimbursed.\110\ Other jurisdictions have taken similar 
steps, but Cook County's ordinance was the first to forbid a 
sheriff from holding suspected felons as well as those accused 
of misdemeanors.\111\
---------------------------------------------------------------------------
    \109\Federal courts have come to different conclusions as to 
whether the current detainer regulation is a mandatory demand or simply 
a request to keep an alien in custody. The Third Circuit Court of 
Appeals has construed the detainer regulation as a request, arguing 
that if a detainer was ``a command to detain an individual on behalf of 
the Federal Government, [this] would violate the anti-commandeering 
doctrine of the Tenth Amendment. Galarza v. Szalczyk, 745 F.3d 634, 644 
(3rd Cir. 2014). However, the dissent noted that ``the United States 
has not been heard on [this] seminal issue in this appeal, an issue 
that goes to the heart of the enforcement of our nation's immigration 
laws.'' Id. at 645-46 (dissenting opinion).
    \110\See Don Babwin, Cook County Defies Government On Immigration 
Detainers, Huffington Post, October 4, 2011, http://
www.huffingtonpost.com/2011/10/05/cook-county-defies-govern
_0_n_995869.html.
    \111\Id.
---------------------------------------------------------------------------
    Also in October 2011, it was announced that District of 
Columbia police would not enforce ICE detainers or warrant 
issued against aliens who has not committed another crime.\112\ 
In addition, for ``less-serious'' crimes, such as violating the 
city's open alcohol container law, the District will no longer 
collects fingerprints, inhibiting the Federal Government's 
ability to determine immigration status.\113\
---------------------------------------------------------------------------
    \112\See Tim Craig, D.C. Won't Cooperate with Federal Immigration 
Enforcement, Washington Post, October 19, 2011.
    \113\See id.
---------------------------------------------------------------------------
    Last year, California Governor Jerry Brown signed the TRUST 
Act into law. ``Under the so-called Trust Act, immigrants in 
this country illegally would have to be charged with or 
convicted of a serious offense to be eligible for a 48-hour 
hold and transfer to U.S. immigration authorities for possible 
deportation.''\114\
---------------------------------------------------------------------------
    \114\See Patrick McGreevy, Signing TRUST Act is another illegal-
immigration milestone for Brown, Los Angeles Times, Oct. 5, 2013.
---------------------------------------------------------------------------
    A Federal district court has ruled that if an ICE detainer 
does not demonstrate probable cause to hold an alien, the 
jurisdiction honoring the detainer, deemed by the court to be 
merely a request, is liable for damages for an unreasonable 
seizure under the Fourth Amendment.\115\ This was based on the 
fact that the detainer stated only ``that an investigation `has 
been initiated' to determine whether [the alien] was subject to 
removal from the United States.''\116\ Detainers no longer 
include such a statement. They now state that DHS has 
``[d]etermined that there is reason to believe the individual 
is an alien subject to removal from the United States.'' The 
threat of lawsuits has convinced some jurisdictions to no 
longer honor ICE detainers.\117\
---------------------------------------------------------------------------
    \115\See Miranda-Olivares v. Clackamas County, No. 3:12-cv-02317-
ST, slip op. at 11 (D. Or., April 11, 2014).
    \116\Id. See also Morales v. Chadbourne, 996 F.Supp.2d 19 (D. R.I. 
2014).
    \117\See, e.g., Lee Hermiston, The Immigrant Experience: Debate on 
ICE Holds Continues, the Gazette, Sept. 21, 2014 (Twenty-five Iowa 
county sheriffs will no longer honor detainers after the American Civil 
Liberties Union sent them a letter saying ``complying with [detainers] 
could set up the counties for additional lawsuits.'' Id.).
---------------------------------------------------------------------------
    In June 2011, Dennis McCann of Chicago was killed in a hit-
and-run incident by an unlawful alien and habitual drunk driver 
who was driving without a license.\118\ Mr. McCann was hit as 
he was crossing the street but the driver of the vehicle 
refused to stop. Instead, he sped up, dragging Mr. McCann's 
body down the road. Saul Chavez, the driver, had been 
previously convicted of an aggravated drunk driving offense and 
had just finished a sentence of 2 years' probation. He also had 
five prior drunk driving arrests.
---------------------------------------------------------------------------
    \118\See The Scott Gardner Act, HR, 3808, Hearing Before the 
Subcomm. on Immigration Policy and Enforcement of the House Judiciary 
Committee 112th Cong. (testimony of Brian McCann).
---------------------------------------------------------------------------
    Chavez was arrested at the scene of the crime and ICE 
issued a detainer. However, Cook County, a sanctuary 
jurisdiction, ignored the detainer because of the County's law 
requiring the police to ignore detainers, barring ICE from 
using County facilities for immigration enforcement, and 
banning County personnel from responding to inquiries from ICE. 
Chavez was released on bail before he could be tried for Dennis 
McCann's death and was never tried.
    Chavez had a prior criminal record, which rendered him 
deportable even under current law. Under the SAFE Act, he would 
have been detained after his first offense because section 309 
the bill provides for mandatory detention of unlawful aliens 
convicted of DUI.
    At a House Committee on Homeland Security, Subcommittee on 
Border and Maritime Security hearing on July 10, 2012, ICE 
Director John Morton testified that:

          With regard to Illinois, as you note, it is a little 
        more of a difficult situation there. Cook County, which 
        is the largest county and has one of the largest 
        detention systems in the country, has adopted an 
        ordinance that essentially prohibits all cooperation 
        with ICE, even with regard to very serious and violent 
        offenders. I have written a number of public letters to 
        the county. I am very much opposed to their approach. I 
        think it is the wrong way to approach public safety in 
        Cook County. I am quite confident that their approach 
        is ultimately going to lead to additional crimes in 
        Cook County that would have been prevented had we been 
        able to enforce the law as the law is presently 
        written.
          Just to give you some sense of it, in very large 
        jurisdictions in the United States, the rate of 
        recidivism for criminal offenders can be as high as 50 
        percent or more. When ICE can come in and remove 
        offenders from a given community so that they can't re-
        offend, well, guess what, we take that recidivism rate 
        to zero. So, for example, if you have 100 criminal 
        offenders and we are able to root them, that is 50 
        crimes that will not happen over the next 3 years as a 
        result of our enforcement efforts. That is ultimately 
        the power of Secure Communities. It is a direct way to 
        support public safety in a very thoughtful manner.
          What are we trying to do to resolve the situation in 
        Illinois? We have been working with the county to see 
        if there isn't some solution. I won't sugarcoat it. I 
        don't think that that approach is going to work in 
        full. We are going to need the help of others. We have 
        been exploring, as the Secretary has said, our options 
        under Federal law with the Department of Justice. We 
        will see where that goes. Then with regard to the 
        annual request by Cook County to be reimbursed for the 
        costs of detaining individuals who are here unlawfully 
        and have committed crimes, obviously I find that 
        position to be completely inconsistent with [them] not 
        allowing us access to and removing those very same 
        individuals, and we will be taking a very hard look at 
        their SCAAP request. That is the part of the law that 
        allows the Federal Government to reimburse for those 
        costs this year. My own position is going to be that if 
        we do not have access to those individuals, we will not 
        be able to verify their request for the year. . . .

        .  .  .  .

          I would say that we are going to give it a very good 
        effort to try to resolve the situation directly with 
        Cook County and with Illinois and with the Department 
        of Justice. If we can't do that, I think we would be 
        happy to come back and explore further options with the 
        committee. From our perspective, Federal law is very 
        clear on the question of cooperation with Federal 
        authorities in immigration. We do think that the 
        ordinance is inconsistent with the terms of Federal 
        law. Ultimately, I think we share the same aims, I 
        would assume, with the authorities in Cook County, and 
        that is public safety for the people that live there. 
        It just does not make sense to release to the streets 
        serious criminal offenders who shouldn't be in the 
        country in the first place given the rate of 
        recidivism. . . .

        .  .  .  .

          So we are in discussions with the Department of 
        Justice to see what we can do on many fronts to come to 
        a better resolution in Secure Communities in Cook 
        County, because I think we all agree that the present 
        approach is not a good one. I don't know if you heard 
        my answer before, but that both the question of can we 
        work with the Department of Justice to look at any 
        legal options we may have to get to a better place with 
        the county, but also to look at the county's annual 
        request for reimbursement under the Federal SCAAP 
        program for the individuals that they detain that are 
        there unlawfully. . . .\119\
---------------------------------------------------------------------------
    \119\Building A Secure Community: How Can DHS Better Leverage State 
and Local Partnerships? Hearing Before the Subcomm. on Border and 
Maritime Security of the House Comm. on Homeland Security, 112th Cong. 
14, 15, 22 (2012) (testimony of John Morton).

    In an effort to appease the opponents of Secure 
Communities, on December 21, 2012, ICE Director John Morton 
issued a new detainer policy.\120\ Under the new policy, where 
ICE has been notified that an unlawful alien has been 
encountered by local law enforcement and there is a hit on the 
Secure Communities database, detainers may only be issued when:
---------------------------------------------------------------------------
    \120\See memo re: Civil Immigration Enforcement: Guidance on the 
use of detainers in the Federal, State, Local, and Tribal Criminal 
Justice Systems (December 21, 2012), https://www.ice.gov/doclib/
detention-reform/pdf/detainer-policy.pdf.

         LThe individual has a prior felony conviction 
---------------------------------------------------------------------------
        or had been charged with a felony offense;

         LThe individual has three or more prior 
        misdemeanors;

         LThe individual has a prior misdemeanor 
        conviction or has been charged with a misdemeanor 
        offense if the misdemeanor conviction or pending charge 
        involves--

           Lviolence, threats, or assault;

           Lsexual abuse or exploitation;

           Ldriving under the influence of alcohol or a 
        controlled substance;

           Lunlawful flight from the scene of an 
        accident;

           Lunlawful possession or use of a firearm or 
        other deadly weapon;

           Lthe distribution or trafficking of a 
        controlled substance; or other significant threat to 
        public safety;

         LThe individual has been convicted of illegal 
        entry pursuant to 8 U.S.C. Sec. 1325;

         LThe individual has illegally re-entered the 
        country after a previous removal or return;

         LThe individual has an outstanding order of 
        removal;

         LThe individual has been found by an 
        immigration officer or an immigration judge to have 
        knowingly committed immigration fraud; or

         LThe individual otherwise poses a significant 
        risk to national security, border security, or public 
        safety.\121\
---------------------------------------------------------------------------
    \121\See id.

    The memo states the goal of the guidance is to ensure that 
the issuance of detainers is consistent with the 
Administration's enforcement priorities.\122\
---------------------------------------------------------------------------
    \122\See id.
---------------------------------------------------------------------------
            C. Committee Subpoena Relating to Secure Communities
    On August 22, 2011, Chairman Lamar Smith made a formal 
request of DHS for information about removable immigrants and 
immigrant criminals who were brought to the attention of ICE 
via Secure Communities or other means but whom ICE did not take 
custody of and declined to remove. It was necessary for the 
Immigration Policy and Enforcement Subcommittee to issue a 
subpoena on November 4, 2011, for the Committee to receive the 
information.
    In December 2011, DHS produced documents to the Committee 
that were in compliance with the Immigration Subcommittee's 
subpoena. The Congressional Research Service (CRS) then 
crosschecked the subpoenaed data to determine if the unlawful 
and criminal aliens released by ICE had gone on to commit more 
crimes. Of note, CRS found the following facts in its research:

         LThe data provided to the House Judiciary 
        Committee by DHS includes 276,412 records of charges 
        against unlawful and criminal aliens identified by 
        Secure Communities between October 27, 2008 and July 
        31, 2011. There were 159,286 unique individuals in the 
        database and 205,101 unique arrest incidents.

         LOf those released, CRS found that about 17% 
        of unlawful and criminal aliens, or 26,412, were 
        rearrested on criminal charges within 3 years of 
        release. These recidivists accounted for a total of 
        42,827 arrests and 57,763 alleged violations.

         LThe categories of crimes charged include 
        nearly 8,500 DUI (14.6%), over 6,000 drug violations 
        (10.9%), more than 4,000 major criminal offenses 
        (7.1%), which includes murder, assault, battery, rape, 
        and kidnapping, nearly 3,000 thefts (4.9%), and over 
        1,000 other violent crimes (2.1%), which includes 
        carjacking, child cruelty, child molestation, domestic 
        abuse, lynching, stalking, and torture.

         LThe crimes committed by both unlawful and 
        legal aliens include 59 murders, 21 attempted murders, 
        and 542 sex crimes.

         LOf those rearrested, nearly 30%, or 7,283, 
        were unlawful aliens. Since 46,734 unlawful aliens were 
        released, indicating a recidivism rate of 16%.

         LThe crimes charged against unlawful aliens 
        included nearly 2,000 DUIs (11.9%), over 1,400 drug 
        violations (8.8%), and more than 1,000 major criminal 
        offenses and violent crimes (6.9%), including murder, 
        assault, battery, rape, kidnapping, child molestation, 
        domestic abuse, lynching, stalking, and torture.

         LThe crimes committed by unlawful aliens 
        included 19 murders, 3 attempted murders, and 142 sex 
        crimes.

         LIn researching one of the identified murder 
        cases, the Judiciary Committee found one case where an 
        unlawful alien was flagged by Secure Communities under 
        the Obama Administration's watch--for vehicle theft in 
        June 2010--and was arrested again for an attempt to 
        commit grand theft just 5 months later. After this 
        unlawful alien was released by DHS, he and another 
        unlawful alien were arrested on suspicion of killing a 
        man who was chasing individuals who had robbed his 68-
        year-old grandfather.
            D. Release of Detainees
    DHS under the Obama Administration has opposed the 
inclusion of statutory language mandating ICE to maintain a 
level of not less than 34,000 detention beds. DHS claimed that 
this language obstructs ICE' s ability to satisfy its stated 
enforcement priorities and accomplish detention reform.\123\
---------------------------------------------------------------------------
    \123\See H.R. Rep. No. 112-091 (2011), H.R. Rep. No. 112-492 
(2012).
---------------------------------------------------------------------------
    According to the Administration, mandating a pre-set number 
of detention beds is contrary to the government's interest in 
reforming the detention system and targeting its use for only 
those individuals who it deems to require detention.\124\ The 
Administration says that in an environment of fiscal restraint, 
Congress should not be telling a Federal agency that it is not 
permitted to spend less than a certain amount if the same 
objective can be achieved at a savings to the taxpayer.\125\ 
Current DHS Secretary Jeh Johnson shares these views, stating 
that a level of 34,000 beds is too high and ``not the best and 
highest use of our resources, given our current estimates of 
who we need to detain, who we regard as public safety, national 
security, border security threats.''\126\
---------------------------------------------------------------------------
    \124\See id.
    \125\See id.
    \126\Department of Homeland Security Budget for Fiscal Year 2015: 
Hearing Before the Subcomm. on Homeland Security of the House 
Appropriations Comm., 113th Cong (2014).
---------------------------------------------------------------------------
    However, the Center for Immigration Studies has found, 
based on ICE data, that there are now 882,943 non-detained 
aliens with final orders of removal who have not been 
removed.\127\ ``The vast majority of [these aliens] have simply 
absconded. . . .''\128\ In 2003, the Department of Justice 
Inspector General issued a report that found that the former 
INS had successfully carried out removal orders with respect to 
only 13 percent of non-detained aliens who were subject to 
final removal orders--and was able to remove only 3 percent of 
non-detained aliens who had unsuccessfully sought asylum.\129\
---------------------------------------------------------------------------
    \127\See ICE Enforcement Collapses Further in 2014 at 3.
    \128\See Deportation Numbers Unwrapped at 12-13 (table 8).
    \129\See U.S. Department of Justice Office of the Inspector 
General, Evaluation and Inspections Division, The Immigration and 
Naturalization Services Removal of Aliens Issued Final Orders (I-2003-
004) at i, ii (2003).
---------------------------------------------------------------------------
    On March 14, 2013, ICE Director Morton testified before the 
House Appropriations Committee, Homeland Security 
Subcommittee.\130\ Director Morton stated that:
---------------------------------------------------------------------------
    \130\Hearing on Immigration Enforcement.

          As the Committee knows, we are coming to the end of a 
        Continuing Resolution (CR). This CR funded ICE to 
        maintain a yearly average daily population of 
        approximately 34,000 individuals. In early February, 
        ICE was maintaining an average daily population in 
        excess of 35,000 individuals, including many who did 
        not require detention by law.
          These detention levels exceeded Congressional 
        appropriations, and with the strong possibility of 
        sequestration, ICE officials managed the detention 
        population in order to ensure that ICE could operate 
        within the appropriations provided by Congress. 
        Notably, these budget constraints are now further 
        compounded by the reductions required by sequestration, 
        which represents a nearly $300 million cut to our 
        budget that we must absorb over the remaining 7 months 
        of the fiscal year.
          In reducing detention levels, we took careful steps 
        to ensure that national security and public safety were 
        not compromised by the releases. All release decisions 
        were made by career law enforcement officials following 
        a careful examination of the individual's criminal and 
        immigration history ensuring that the focus remains on 
        detaining serious criminal offenders and others who 
        pose a threat to the national security or public 
        safety. Every individual released was placed on an 
        alternative form of ICE's supervision, and all released 
        individuals remain in removal proceedings.

    During oral testimony, Director Morton disclosed that the 
agency had released 2,228 detainees from detention. Of these, 
629 were convicted criminals and 1,599 had been charged with 
crimes.
    Director Morton testified before House Judiciary Committee 
on March 19, 2013.\131\ The hearing reflected the concerns the 
Committee had with the release of criminal aliens by DHS, and 
the impact of the release on public safety. Some of the 
information provided to the Committee during testimony was 
inconsistent with statements made by the Director during the 
House Appropriations Committee's Subcommittee on Homeland 
Security's hearing just a few days earlier. At that hearing, 
Director Morton testified that out of 2,228 released unlawful 
and criminal alien detainees, ten Level 1 offenders (the most 
serious criminals as defined in a March 2, 2011, memo on ICE 
priorities) had been released. However, during the Committee's 
hearing less than 1 week later on March 19, Director Morton 
testified, under oath, that only eight Level 1 offenders had 
been released after a ``review'' of the cases. Director Morton 
also stated some of these offenders had been ``reclassified.'' 
Additionally, a transmittal from ICE to the Judiciary Committee 
on March 14, 2013, entitled ``Detention Releases Solely for 
Budget Reasons by Field Office'' states that ten level 1 
offenders were released.
---------------------------------------------------------------------------
    \131\The Release of Criminal Detainees by U.S. Immigrations and 
Customs Enforcement: Policy or Politics?
---------------------------------------------------------------------------
    On May 6, 2013, Senators Levin and McCain were provided 
with information contrary to what information provided the 
Judiciary Committee and the Appropriations Committee.\132\ ICE 
informed the Senators that there were 32 level 1 offenders, not 
ten or eight. The Committee was also told that there were 629 
criminal aliens released, but the Senators were informed that 
there were 622 criminal aliens released. Additionally, ICE 
indicated that there were 159 Level 2 detainees. In the letter 
ICE provided to the Senators, it indicated that there were 80 
Level 2 offenders. Furthermore, ICE informed the Senators it 
had to re-apprehend 58 released detainees. At the time of the 
Judiciary Committee hearing, there were barely a handful of re-
apprehensions.
---------------------------------------------------------------------------
    \132\See Senators McCain And Levin: New Information Regarding Ice 
Detainee Release (May 16, 2013), available at http://
www.mccain.senate.gov/public/index.cfm?FuseAction=PressOffice.
PressReleases&ContentRecord;_id=ade7dd17-dd54-d5e7-aa20-270a8c91410d.
---------------------------------------------------------------------------
    The Senators were informed that among the 32 detainees, 
ICE's Phoenix District Office released a detainee who had a 
felony second degree robbery prior conviction and countless 
convictions for prostitution and solicitation for lewd conduct. 
The Phoenix office releases also included an individual who had 
been convicted of DUI and harassment and having caused criminal 
damage to property, as well as a detainee who had prior 
convictions for carrying a loaded firearm, DUI with a 
controlled substance, felony possession of drugs, second degree 
burglary, vandalism, and trespassing. The San Francisco Field 
Office released an alien with a prior felony conviction for 
manufacturing fake identification documents as well as an alien 
with two DUIs and two stalking convictions. The Houston office 
deemed a person convicted of felony possession of marijuana of 
up to 2,000 pounds acceptable for release.
Sanctuary Cities
    On December 19, 2002, a 42-year-old mother of two was 
abducted and forced by her assailants into a hideout near some 
railroad tracks in Queens, New York. She was brutally assaulted 
before being rescued by a New York Police Department unit. The 
NYPD arrested five immigrants in connection with that assault. 
According to records that the Judiciary Committee received from 
the INS, four of those immigrants entered the United States 
illegally. Three of them had extensive arrest histories in New 
York City. The fifth immigrant, a lawful permanent resident, 
also had a criminal history prior to the December 2002 attack. 
Despite the criminal histories of the four immigrants, however, 
it did not appear from the records that the Committee received 
that the NYPD told the INS about these immigrants until after 
the December attack.
    These crimes prompted extensive public discussion of 
whether New York City police were barred from disclosing 
immigration information to the INS, a policy that may have 
prevented the removal of these aliens prior to the December 19 
attack. Some suggested that the only reason that the three 
illegal immigrants were in the United States, despite their 
extensive arrest histories, was because the NYPD officers who 
arrested these aliens previously were barred by a ''sanctuary'' 
policy from contacting the INS. That policy prevented NYPD 
officers from contacting the INS when they arrested an unlawful 
alien. New York City's Executive Order 124 barred line officers 
from communicating directly with the INS about criminal aliens. 
That executive order was issued by Mayor Ed Koch in 1989.
    In June 2008, Tony Bologna and his two sons were murdered 
by an unlawful alien who had previously committed felony 
attempted robbery and assault, but who was not deported because 
of San Francisco's sanctuary policy.
    Sanctuary policies are in direct violation of Federal law. 
Section 642 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (IIRIRA) provides that no federal, 
State, or local government entity or official may prohibit, or 
in any way restrict, any government entity or official from 
sending to, or receiving from, DHS information regarding the 
citizenship or immigration status, lawful or unlawful, of any 
individual.
    By some estimates, there are over 100 U.S. states and 
localities that have sanctuary policies in place. In some 
cases, victims of crimes committed by unlawful aliens have 
filed claims against the cities. For instance, in 2008, Tony 
Bologna's widow filed a claim against San Francisco, asserting 
that the city's sanctuary policy was a ``substantial factor'' 
in the death of her husband and two sons since the policy kept 
the unlawful alien from being deported. She later filed a 
wrongful death lawsuit against the city (which was later 
dismissed).\133\ Margaret Rains and Haley Tepe sued the city 
Denver after they were injured by an unlawful alien who drove 
his car into an ice cream shop in September 2008 (and who had a 
long history of arrests but was never reported, or turned over, 
to ICE).\134\
---------------------------------------------------------------------------
    \133\See Jaxon Van Derbeken, Family Blames Sanctuary Policy in 3 
Slayings, San Francisco Chronicle, Aug. 23, 2008.
    \134\See Valerie Richardson, Lawsuits Challenge, Sanctuary 
Policies, The Washington Times, Feb. 25, 2009.
---------------------------------------------------------------------------
    In order to deal with the problems created by sanctuary 
cities, the SAFE Act requires information sharing between 
States and localities and the Federal Government regarding 
removable aliens, provides grants to local law enforcement 
agencies that assist in immigration law enforcement, requires 
that State and local law enforcement agencies honor Federal 
detainers for removable aliens so that Federal agents can 
assume custody of the aliens and withholds State Criminal Alien 
Assistance Program grants, law enforcement grants, and DHS 
grants from States and localities that violate Federal 
immigration law by being sanctuary jurisdictions.\135\
---------------------------------------------------------------------------
    \135\See HR. 2278, secs. 105, 106, 113, 114, and 115.
---------------------------------------------------------------------------
Illegal Immigrant Drunk Drivers
    There have been many other tragic incidents involving drunk 
drivers in addition to the death of Dennis McCann. On November 
24, 2010, ICE issued a report on Carlos Martinelly 
Montano.\136\ This report provided the results of the inquiry 
into the case of Montano, an unlawful alien, who was charged in 
Prince William County, Virginia, with involuntary manslaughter 
after the death of a nun in a drunk driving accident.
---------------------------------------------------------------------------
    \136\See ICE, DHS, Carlos Martnelly Montano Inquiry (2010).
---------------------------------------------------------------------------
    According to the report, Montano was first arrested on 
December 7, 2007, by Prince William police and convicted of 
drunk driving. He was sentenced to serve 30 days. A judge 
suspended his sentence. Law enforcement officials did not check 
his immigration status at that time. Thereafter, Montano was 
charged in October 4, 2008, with another DUI in Prince William 
County. This time local authorities determined that Montano was 
in the country illegally and ICE lodged an immigration detainer 
against him and placed him in removal proceedings. ICE later 
decided that Montano was a candidate for alternatives to 
detention. He was released and his whereabouts were monitored 
with a GPS system. In March 2009, while he was in deportation 
proceedings, Montano was charged in Fairfax County with 
misdemeanor failure to appear related to driving without a 
license. Local officials dismissed those charges. On April 
2010, Montano was cited in Manassas Park with misdemeanor 
reckless driving. There is no record that Manassas Park police 
contacted ICE or booked and fingerprinted Montano, the report 
showed.
    The report found that Montano's youth, family ties, letters 
from family and others and the fact that he had completed an 
alcohol rehabilitation program contributed to his release by 
ICE. The report claims that Montano would have been detained 
under subsequent ICE guidelines because he was a repeat 
offender and he demonstrated himself to be a danger to public 
safety.
    On June 16, 2013, Father's Day, an illegal alien driving 
drunk crashed into a car driven by Jorge DeLeon with his two 
small children.\137\ Jorge was killed instantly, while his two 
children were seriously injured. His 4-year-old daughter 
subsequently died of her injuries.\138\
---------------------------------------------------------------------------
    \137\See Illegal alien charged with killing man and his 4-year-old 
daughter in NJ, Examiner, http://www.examiner.com/article/illegal-
alien-charged-with-killing-man-and-his-4-year-old-daughter-nj (June 22, 
2013).
    \138\Id.
---------------------------------------------------------------------------
    The driver of the other car, Manuel Vazquez, was in the 
country illegally and has never possessed a U.S. driver's 
license. He was arrested for drunk driving in Texas just a few 
weeks earlier. When he hit Jorge and his children, Vasquez was 
driving on the wrong side of the road and collided with them 
head on.
    On May 19, 2013, police in Houston arrested Andres Munos-
Munos, age 23, after he ran a red light, crashing into a pickup 
truck driven by Harris County Deputy Sheriff Dwayne Polk.\139\ 
Deputy Polk died at the scene. Polk had been with the Sheriff's 
office for 16 years, reaching the rank of sergeant.
---------------------------------------------------------------------------
    \139\See Houston-area sheriff's deputy killed in crash with DWI 
suspect, KENS Channel 5 San Antonio, May 20, 2013.
---------------------------------------------------------------------------
    The unlawful alien charged with his death has a serious 
criminal record. He was arrested on June 10, 2012, for driving 
while intoxicated. He also was charged with the unlawful 
carrying of a weapon.
    On the same day that Deputy Polk was killed, Officer Daryl 
Raetz was struck at sobriety check point in Phoenix, AZ. The 
driver of the vehicle fled the scene. Later, police officers 
stopped an SUV matching the description of the vehicle that 
struck the officer. Phoenix filed manslaughter charges against 
Jesus Cabrera Molina, who was already in custody on drug and 
immigration violations.\140\
---------------------------------------------------------------------------
    \140\See Phoenix Cop Daryl Raetz's Alleged Killer Admits Being 
Drunk, High on Cocaine on Night of Crash, the Phoenix New Times (June 
4, 2013).
---------------------------------------------------------------------------
    Molina, who was 24, has admitted he was drunk and high on 
cocaine the night his SUV struck and killed Officer Daryl 
Raetz, but he denies he was behind the wheel. When he was 
arrested, Cabrera Molina had a small bag of cocaine in his 
pocket. Federal immigration officials also issued a detainer to 
take custody of Cabrera Molina because he was in the country 
illegally. He absconded after being released when he posted a 
$5,000 bond.
    In IIRIRA, Congress mandated that the Federal Government 
detain aliens who are deportable on the basis of having 
committed aggravated felonies.\141\ The INA provides that a 
crime of violence for which the term of imprisonment is at 
least 1 year is considered an aggravated felony.\142\ However, 
the Supreme Court ruled in 2004 that a criminal conviction for 
driving under the influence of alcohol absent a malicious 
mental state is not a crime of violence for immigration 
purposes.\143\ Thus, current law does not require ICE to detain 
unlawful aliens who have committed drunk driving offenses. 
However, there is nothing preventing ICE from detaining such 
unlawful aliens in its discretionary authority.
---------------------------------------------------------------------------
    \141\See section 236(c)(1)(B) of the INA.
    \142\See section 101(a)(43)(F) of the INA.
    \143\See Leocal v. Ashcroft, 543 U.S. 1 (2004).
---------------------------------------------------------------------------
    The National Highway Traffic Safety Administration has 
found that on average someone dies in the U.S. in a motor 
vehicle crash involving an alcohol-impaired driver every 45 
minutes--amounting to 11,773 deaths in 2008.\144\ The annual 
cost to the nation of alcohol-related crashes totals more than 
$51 billion.\145\ As the BIA realized, there is 
``incontrovertible evidence that drunk driving is an inherently 
reckless act, which exacts a high societal toll in the forms of 
death, injury, and property damage.''\146\ In addition, drunk 
driving involves a high degree of recidivism.
---------------------------------------------------------------------------
    \144\See National Highway Traffic Safety Administration, Traffic 
Safety Facts 2008 Data: Alcohol-Impaired Driving 1.
    \145\See Centers for Disease Control and Prevention Impaired 
Driving Fact Sheet.
    \146\In re Carlos Istalin Magallanes-Garcia, 22 I. & N. Dec. 1 (BIA 
1998).
---------------------------------------------------------------------------
    Chairman Smith wrote a letter to Secretary Napolitano 
urging that ``ICE launch removal proceedings against all 
illegal immigrants it comes in contact with who have had prior 
convictions for drunk driving--and that ICE detain all such 
aliens during their removal proceedings.''\147\ DHS did not 
honor his request.\148\
---------------------------------------------------------------------------
    \147\Letter from Lamar Smith to Janet Napolitano, Secretary, DHS 
(August 9, 2010).
    \148\See letter from John Morton, Director, ICE, DHS, to Lamar 
Smith (September 10, 2010).
---------------------------------------------------------------------------
    In order to deal with the problem of immigrant drunk 
drivers and ensure deportation of the those who violate our 
immigration laws, H.R. 2278 makes two or more convictions of 
driving drunk an aggravated felony and requires the detention 
of unlawful aliens who have been convicted for driving while 
intoxicated.\149\
---------------------------------------------------------------------------
    \149\See H.R. 2278, sec. 309.
---------------------------------------------------------------------------
Immigrant Gangs
    The threat posed by immigrant criminal gangs is becoming 
more and more severe. ICE has stated that ``[i]n the last 
decade, the United States has experienced a dramatic increase 
in the number and size of transnational street gangs''\150\ and 
that these gangs ``have grown to become a serious threat in 
American communities across the nation--not only in cities, but 
increasingly in suburban and even rural areas.''\151\
---------------------------------------------------------------------------
    \150\MS-13 and Counting: Gang Activity in Northern Virginia: 
Hearing Before the Comm. on Government Reform, 109th Cong. (2006) 
(statement of James Spero, Acting Assistant Special Agent in Charge, 
Washington, D.C., ICE).
    \151\ICE, DHS, ICE Fiscal Year 2008 Annual Report 18 (2009).
---------------------------------------------------------------------------
    As ICE has found, ``[e]ntire neighborhoods and sometimes 
whole communities are held hostage by and subjected to the 
violence of street gangs.''\152\ An example is Mara 
Salvatrucha-13, which was formed by Salvadorans who entered the 
U.S. during the civil war in El Salvador in the 1980's. ICE 
believes that MS-13 is ``one of the most violent and rapidly 
growing transnational street gangs.''\153\ The National Gang 
Intelligence Center estimates that there are about 8-10,000 
members of MS-13 in the United States (and 30-50,000 
worldwide).\154\ The Center for Immigration Studies reports 
that members have been convicted of such crimes as ``murder, 
murder for hire, assault, extortion, kidnapping, theft, retail 
drug dealing, prostitution, rape, home invasion, robbery, 
burglary, and numerous other crimes.''\155\
---------------------------------------------------------------------------
    \152\MS-13 and Counting (statement of James Spero).
    \153\DHS, Office of Investigations, Operation Community Shield Fact 
Sheet (2008).
    \154\See National Gang Intelligence Center, National Gang Threat 
Assessment 2009 26 (2009).
    \155\Jon Feere & Jessica Vaughan, Taking Back the Streets: ICE and 
Local Law Enforcement Target Immigrant Gangs, 2008 Center for 
Immigration Studies.
---------------------------------------------------------------------------
    ICE has found that ``membership of these violent 
transnational gangs [is] comprised largely of foreign-born 
nationals.''\156\ The most effective mechanism to protect 
Americans from these gangs is to deport their members. ICE can 
currently deport alien gang members who are unlawful aliens 
without having to wait for them to be convicted of crimes. 
However, it cannot do so for legally present gang members. In 
addition, those unlawful aliens who have received asylum or 
temporary protected status cannot be deported until conviction. 
Unfortunately, many members of transnational gangs in the U.S. 
have received temporary protected status. ICE revealed in an 
Immigration Subcommittee hearing in 2005 that of 5,000 gang 
members in an ICE database, 291 El Salvadoran nationals, 43 
Hondurans, and one Nicaraguan had been granted TPS.\157\ This 
is problematic for two reasons. First, prosecution of alien 
gang members is difficult because witnesses and victims of gang 
crime have proven reluctant to testify for fear of retaliation. 
Thus, many gang members have never been convicted of the crimes 
they have committed. Second, this presupposes waiting until an 
alien gang member has committed a deportable crime. Why not 
deport them before they have had a chance to victimize innocent 
Americans?
---------------------------------------------------------------------------
    \156\ICE, DHS, ICE Fiscal Year 2007 Annual Report 18 (2008).
    \157\See Immigration and the Alien Gang Epidemic: Problems and 
Solutions: Hearing Before the Subcomm. On Immigration, Border Security, 
and Claims of the House Comm. on the Judiciary, 109th Cong. 29 (2005) 
(statement of Michael Garcia, Assistant Secretary for Immigration and 
Customs Enforcement, DHS).
---------------------------------------------------------------------------
    In order to deal with this problem, the SAFE Act contains 
provisions designed to make alien criminal gang members 
deportable and inadmissible.\158\
---------------------------------------------------------------------------
    \158\See H.R. 2278, sec. 311.
---------------------------------------------------------------------------
The Enforcement of Immigration Laws by States and Localities
    About 5,000 ICE agents have the duty of enforcing our 
nation's immigration laws. These agents have to deal with at 
least 11 million unlawful aliens in the United States and many 
thousands of aliens, both legal and illegal, who have committed 
deportable crimes. This number is clearly insufficient if we 
ever hope to enforce our immigration laws. It pales in 
comparison to the New York City police department, which has 
over 34,000 officers.
    There are over 730,000 State and local law enforcement 
officers in the United States. If State and local law 
enforcement agencies could assist ICE in enforcing immigration 
laws--on a totally voluntary basis--this would represent a 
significant force multiplier for ICE.
    Consider the case of the 9/11 hijackers. Four of them were 
pulled over for traffic infractions during the months before 
September 2001. Unfortunately, police officers did not check 
their immigration status. They all had violated Federal 
immigration laws and could have been detained by State or local 
officers.\159\ Tragedy on a massive scale could have been 
averted if local law enforcement in these instances had 
cooperated in the enforcement of Federal immigration laws.
---------------------------------------------------------------------------
    \159\See Kris Kobach, The Quintessential Force Multiplier: The 
Inherent Authority of Local Police to Make Immigration Arrests, 69 
Albany Law Review at 183 (2006).
---------------------------------------------------------------------------
    If we can trust local law enforcement to enforce laws 
against homicide, drugs, and robbery, we can trust them to 
enforce immigration laws.
            A. The Section 287(g) Program
    Section 287(g) of the INA provides express statutory 
authority for DHS to enter into agreements with States and 
localities under which State and local law enforcement officers 
who have been trained by DHS can assist in the investigation, 
apprehension and detention of removable aliens.
    At one point ICE had 68 working agreements. It trained more 
than 1,474 State and local officers to help enforce immigration 
law, and more than 309,283 unlawful aliens have been identified 
for possible deportation since 2006.\160\
---------------------------------------------------------------------------
    \160\Information provided by ICE.
---------------------------------------------------------------------------
    The statute grants significant discretion to ICE in setting 
up and managing the program. ICE had organized the program in 
two primary formats, a jail model and a task force model:

         LJail Model: This option allows for 
        correctional officers to screen those arrested or 
        convicted of crimes by accessing Federal databases to 
        determine a person's immigration status. When a 
        removable alien is detected, officers have the 
        authority to issue an immigration detainer and notify 
        ICE to arrange transportation to a Federal detention 
        facility prior to deportation.

         LTask Force Model: This option allows law 
        enforcement officers participating in criminal task 
        forces, such as drug or gang task forces, to screen 
        arrested individuals using Federal databases to assess 
        their immigration status. Most jurisdictions applying 
        this model allow 287(g)-designated officers to check 
        immigration status when they encounter someone through 
        their normal duties and they have reasonable suspicion 
        that person may be a removable alien.

    ICE officials have recognized the value of the 287(g) 
program with statements such as, ``each law enforcement agency 
that signs on to the 287(g) program represents a force 
multiplier to help combat crime in local communities,''\161\ 
Until recently, ICE touted the success of 287(g) on their 
website with figures showing the number of unlawful aliens who 
have been identified for possible removal through the program, 
and it even had a web page entitled ``287(g) Success 
Stories.''\162\
---------------------------------------------------------------------------
    \161\ICE News Release, 26 Law Enforcement Officers Trained by ICE 
to Enforce Immigration Law (2012), http://www.ice.gov/news/releases/
1007/100723charleston.htm.
    \162\ICE Website, 287(g) Success Stories, http://www.ice.gov/287g/
success-stories.htm.
---------------------------------------------------------------------------
    Also, according to ICE, ``since January 2006, the 287(g) 
program is credited with identifying more than 185,000 
individuals . . . who are suspected of being in the country 
illegally.''\163\ A Human Events article by Jessica Vaughan and 
Jim Edwards stated, ``[a]ccording to ICE documents we obtained 
through the Freedom of Information Act . . . 287(g) arrests 
represented about one-fifth of all ICE criminal alien arrests 
in 2008. All of the removable aliens were identified by trained 
officers in the regular course of their duties in corrections, 
highway patrol, or criminal investigations. They include 
murderers, rapists, gangsters, drunk drivers, and even a few 
suspected terrorists.''\164\
---------------------------------------------------------------------------
    \163\Id.
    \164\Enforcement Pays, Human Events, March 19, 2009.
---------------------------------------------------------------------------
    Some argue that this program should only be used to detain 
and remove criminals who commit ``serious'' crimes. However the 
statute says nothing to this effect, and it is beneficial to 
remove immigrant criminals who commit ``minor'' offenses before 
they can commit more serious crimes.
    Opponents of 287(g) generally also argue that the program 
promotes ethnic profiling and abuses of power. However, 
Government Accountability Office official Rich Stana stated 
during a House Homeland Security Committee hearing on March 4, 
2009, that, ``[w]e didn't see any complaints in the files of 
any jurisdiction or in the OPR about any jurisdiction. . . . 
And I don't quite know how to reconcile that with media reports 
about problems with these programs in certain 
jurisdictions.''\165\
---------------------------------------------------------------------------
    \165\Examining 287(g): The Role of State and Local Law Enforcement 
in Immigration Law: Hearing Before the House Comm. on Homeland 
Security, 111th Cong. (2009).
---------------------------------------------------------------------------
    The Obama Administration decided to ``reform'' the 287(g) 
program in 2009, responding to criticism of the program from 
groups opposed to state and local law enforcement officials 
helping to enforce Federal immigration laws. The administration 
has virtually wiped out the task force model of 287(g). 
According to ICE, the reforms included:

         LImplementing comprehensive guidelines for ICE 
        field offices that supervise 287(g) partnerships, 
        prioritizing the arrest and detention of immigrant 
        criminals;

         LRequiring 287(g) officers to maintain 
        comprehensive alien arrest, detention, and removal data 
        in order to ensure operations focused on immigrant 
        criminals;

         LStrengthening the 287(g) basic training 
        course and creating a refresher training course, 
        providing detailed instruction on the terms of the new 
        MOA and the responsibilities of a 287(g) officer;

         LDeploying additional supervisors to the field 
        to ensure greater oversight over 287(g) operations; and

         LEstablishing an Internal Advisory Committee, 
        which includes DOJ's Office of Civil Rights and Civil 
        Liberties, to review and assess ICE field office 
        recommendations about pending 287(g) applications.

    And according to ICE, the revised 287(g) MOA:

         LRequires local law enforcement agencies to 
        pursue all criminal charges that originally caused the 
        offender to be taken into custody;

         LRequires all 287(g) officer candidates be 
        confirmed as eligible and qualified before gaining 
        access to ICE databases;

         LRequires participating agencies to inform ICE 
        of all complaints regarding their 287(g) officers, as 
        well as the outcome of those complaints; and

         LProvides flexibility to address issues of 
        local concern, such as state and local laws or other 
        specific needs of a particular agency.\166\
---------------------------------------------------------------------------
    \166\ICE, DHS, Updated Facts on ICE's 287(g) Program, http://
www.ice.gov/pi/news/factsheets/section287_g-reform.htm.

---------------------------------------------------------------------------
    According to the Center for Immigration Studies:

        In general, the new MOA tries to constrict local 
        officers' use of the immigration enforcement authority 
        for investigative purposes to situations that the ICE 
        supervisors can monitor more easily, a move clearly 
        intended to discourage use of the authority for 
        ``random street stops'' (which were non-existent 
        anyway). It asks jurisdictions to align their use of 
        287(g) authority with ICE's priorities for the removal 
        of illegal aliens, which give priority to the most 
        serious offenders. It spells out more specifically the 
        level of ICE supervision expected for each local 
        program. It requires local agencies to pick up some of 
        the technology and equipment costs for database access, 
        which could turn out to be a hardship for some 
        agencies, especially the smaller ones ICE would like to 
        discourage. It requires local agencies to track the 
        nature of the offenses committed by aliens arrested, 
        but forbids them from disclosing this information to 
        the public unless ICE approves. The release of all 
        information related to 287(g) programs will be 
        controlled by ICE. This last provision has been 
        particularly controversial, as some states have strict 
        open records laws, and many participating agencies have 
        invited public scrutiny of their programs to help 
        defuse criticism from opponents.\167\
---------------------------------------------------------------------------
    \167\Jessica Vaughn and Jim Edwards, The 287(g) Program: Protecting 
Home Towns and Homeland, 2009 Center for Immigration Studies.

    There have been no MOAs signed since August 2010, and that 
was the only one signed in 2010. There were only five signed in 
2009.
    Currently, ICE only has 287(g) agreements with 36 law 
enforcement agencies in 19 states.\168\ As discussed below, 
despite that success and the accolades from ICE officials, on 
June 25, 2012, ICE suspended the seven 287(g) agreements it had 
with Arizona law enforcement agencies.\169\ ICE stated that it 
did so ``in light of the Supreme Court's decision to uphold'' 
the provision of Arizona law that required State and local law 
enforcement officers to make a reasonable attempt to determine 
the immigration status of an individual encountered in certain 
circumstances. ICE went on to say, ``ICE has determined that 
287(g) Task Force agreements are not useful in States that have 
adopted immigration enforcement laws like SB1070.''\170\
---------------------------------------------------------------------------
    \168\Id.
    \169\See ICE Congressional Relations Notice, ICE 287(g) Task Force 
Agreements With Arizona State and Local Law Enforcement Agencies, Jun., 
25, 2012.
    \170\Id.
---------------------------------------------------------------------------
            B. Arizona Immigration Enforcement Law
                  Background
    On April 23, 2010, Arizona Governor Jan Brewer signed into 
law SB1070, the ``Support Our Law Enforcement and Safe 
Neighborhoods Act.'' On July 6, 2010, the Obama Administration 
filed a complaint in the U.S. District Court for the District 
of Arizona, challenging SB1070's constitutionality 
(specifically, that SB1070 violated the Supremacy Clause on the 
grounds that it was preempted by the INA and that it violated 
the Commerce Clause, and requesting that the court enjoin the 
State from enforcing the law until the court makes a final 
determination as to constitutionality).\171\ On July 28, 2011, 
the district court enjoined SB1070's provisions:\172\
---------------------------------------------------------------------------
    \171\See U.S. v. State of Arizona, 703 F. Supp. 2d 980, 986-987 (D. 
Ariz. 2010).
    \172\Id.

         Lrequiring that a State or local law 
        enforcement officer make a reasonable attempt to 
        determine the immigration status of a person stopped, 
        detained or arrested if there is a reasonable suspicion 
        that the person is unlawfully present in the United 
---------------------------------------------------------------------------
        States;

         Lrequiring verification of the immigration 
        status of any person arrested prior to releasing that 
        person;

         Lcreating a crime for the failure to apply for 
        or carry alien registration papers;

         Lcreating a crime for an unauthorized alien to 
        solicit, apply for, or perform work; and

         Lauthorizing the warrantless arrest of a 
        person where there is probable cause to believe the 
        person has committed an offense that makes the person 
        removable from the United States.

    Arizona appealed to the Ninth Circuit, arguing that the 
enjoined sections were not preempted by Federal law. On April 
11, 2011, the Ninth Circuit affirmed the District Court's 
ruling.\173\
---------------------------------------------------------------------------
    \173\See U.S. v. State of Arizona, 641 F.3d 339 (9th Cir. 2011).
---------------------------------------------------------------------------
                  The Supreme Court Decision
    In August 2011, the State of Arizona filed a writ of 
certiorari with the U.S. Supreme Court. The Supreme Court 
granted certiorari and issued its decision on June 25, 
2012.\174\ In its decision, the Supreme Court described the 
three ways in which Federal law may preempt state and local law 
pursuant to the Supremacy Clause of the U.S. Constitution. 
First, ``[t]here is no doubt that Congress may withdraw 
specified powers from the States by enacting a statute 
containing an express preemption provision.''\175\ In addition, 
``the States are precluded from regulating conduct in a field 
that Congress, acting within its proper authority, has 
determined must be regulated by its exclusive 
governance.''\176\ This is called ``field preemption.'' Lastly, 
``state laws are preempted when they conflict with Federal law. 
This includes cases where `compliance with both Federal and 
state regulations is a physical impossibility,' . . . and those 
instances where the challenged state law `stands as an obstacle 
to the accomplishment and execution of the full purposes and 
objectives of Congress[.]'''\177\ This is called ``conflict 
preemption.''
---------------------------------------------------------------------------
    \174\See Arizona v. United States, 132 S.Ct. at 2492.
    \175\Id. at 2500-01.
    \176\Id. at 2501.
    \177\Id. (internal citations omitted).
---------------------------------------------------------------------------
    The Supreme Court struck down three provisions of the 
Arizona law. The first was a state misdemeanor that forbid 
``willful failure to complete or carry an alien registration 
document . . . in violation of 8 United States Code section 
1304(e) or 1306(a).''\178\ As the Court found ``[i]n effect, 
[this provision] add[ed] a state-law penalty for conduct 
proscribed by Federal law.''\179\ The Court ruled that:
---------------------------------------------------------------------------
    \178\Ariz. Rev. Stat. Ann. Sec. 11-150(A) (West Supp. 2011).
    \179\Arizona v. United States, 132 S.Ct. at 2501.

        Where Congress occupies an entire field, as it has in 
        the field of alien registration, even complementary 
        state regulation is impermissible. Field preemption 
        reflects a congressional decision to foreclose any 
        state regulation in the area, even if it is parallel to 
        Federal standards. . . . [T]he Court now concludes 
        that, with respect to the subject of alien 
        registration, Congress intended to preclude States from 
        ``complement[ing] the Federal law, or enfor[cing] 
        additional or auxiliary regulations.''\180\
---------------------------------------------------------------------------
    \180\Id. at 2502-03 (citations omitted).

    H.R. 2278 provides the explicit Congressional authorization 
that the Supreme Court requires for State and local laws that 
penalize conduct proscribed by Federal immigration law. Section 
102 of the bill states that ``States, or political subdivisions 
of States, may enact, implement and enforce criminal [and 
civil] penalties that penalize the same conduct that is 
prohibited in the criminal [and civil] provisions of 
immigration laws . . . as long as the criminal [and civil] 
penalties do not exceed the relevant Federal criminal [and 
civil] penalties.'' In these instances, the bill clearly and 
without question indicates that Congress intends to allow 
States and localities to complement Federal immigration law 
with their own laws and enforce the provisions of their laws. 
Thus, under H.R. 2278, the registration provision of Arizona 
law would be a permissible and constitutional exercise of state 
power. The ruling by the Supreme Court that it is preempted by 
Federal law is no longer valid, because of the bill's provision 
of explicit congressional authorization.
    The second provision of Arizona law struck down by the 
Supreme Court made it a state misdemeanor for ``an unauthorized 
alien to knowingly apply for work, solicit work in a public 
place or perform work as an employee or independent 
contractor.''\181\ In this case, there is no similar Federal 
law. In fact, as the Supreme Court noted, Federal immigration 
law ``does not impose Federal criminal sanctions'' on 
unauthorized aliens who work--and ``Congress made a deliberate 
choice not to impose criminal penalties on aliens who . . . 
engage in . . . unauthorized employment.''\182\ The Supreme 
Court ruled that the Arizona law was preempted under the 
doctrine of conflict preemption. This Arizona law would still 
be preempted under H.R. 2278, as the Arizona law is not 
reflective of Federal law.
---------------------------------------------------------------------------
    \181\Ariz. Rev. Stat. Ann. Sec. 13-2928 (C) (West Supp. 2011).
    \182\Arizona v, United States, 132 S.Ct. at 2503-04.
---------------------------------------------------------------------------
    The third provision of Arizona law struck down by the 
Supreme Court provided that a state officer ``without a 
warrant, may arrest a person if the officer has probable cause 
to believe . . . [the person] has committed any public offense 
that makes [him] removable from the United States.''\183\ The 
Supreme Court ruled that the law was preempted under the 
doctrine of conflict preemption because:
---------------------------------------------------------------------------
    \183\Ariz. Rev. Stat. Ann. Sec. 13-3883 (A)(5) (West Supp. 2011).

        Congress has put in place a system in which state 
        officers may not make warrantless arrests of aliens 
        based on possible removability except in specific, 
        limited circumstances [such as pursuant to ``287(g)'' 
        agreements between their law enforcement agencies and 
        DHS]. By nonetheless authorizing state and local 
        officers to engage in these enforcement activities as a 
        general matter, [the provision] creates an obstacle to 
        the full purposes and objectives of Congress.\184\
---------------------------------------------------------------------------
    \184\Arizona v. United States, 132 S.Ct. at 2507.

    Section 102 of H.R. 2278 provides that ``[l]aw 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.'' The section 
clearly and without question indicates that Congress intends to 
allow State and local law enforcement to engage in these 
activities, and with absolutely no need for State and local law 
enforcement to have ``any input from the Federal Government 
about whether an arrest is warranted in a particular case'', 
which input the Supreme Court considered necessary under 
current law because of perceived congressional intent. The 
Supreme Court believed that such authorization would allow a 
State to ``achieve its own immigration policy.''\185\ To the 
contrary, such authorization--as provided by H.R. 2278--allows 
States to further the overarching congressional goal that the 
Federal immigration laws be enforced, regardless of the 
policies of immigration law non-enforcement of any particular 
administration. As Justice Scalia remarked in dissent, the 
government's complaint that state officials might not heed 
Federal ``priorities'' is a good thing:
---------------------------------------------------------------------------
    \185\Id. at 2506.

        Indeed they might not, particularly if those priorities 
        include willful blindness or deliberate inattention to 
        the presence of removable aliens in Arizona. . . . What 
        I do fear--and what Arizona and the States that support 
        it fear--is that ``federal policies'' of nonenforcement 
        will leave the States helpless before those evil 
        effects of illegal immigration that the Court's opinion 
        dutifully recites in its prologue.\186\
---------------------------------------------------------------------------
    \186\Id. at 2517-19 (Scalia, J., dissenting).

    H.R. 2278 would make the Arizona warrantless arrest 
provision as written a permissible and constitutional exercise 
of state power. The Supreme Court had noted that this provision 
``provide[d] state officers even greater authority to arrest 
aliens on the basis of possible removability than Congress has 
given to . . . Federal immigration officers.''\187\ It came to 
this conclusion because under Federal law, where no warrant has 
been issued, Federal officers ``may arrest an alien for being 
`in violation of any [immigration] law or regulation,' . . . 
only where the alien `is likely to escape before a warrant can 
be obtained.'''\188\ However, section 501 of H.R. 2278 allows 
Federal officers to make such arrests without the alien having 
to be likely to escape. The Arizona provision would be a 
permissible and constitutional exercise of state power pursuant 
to H.R. 2278, because state officers would have no more arrest 
authority than do Federal immigration officers.
---------------------------------------------------------------------------
    \187\Id. at 2506.
    \188\Id.
---------------------------------------------------------------------------
    The Supreme Court did not strike down a fourth provision of 
Arizona law that requires State officers to make a 
```reasonable attempt . . . to determine the immigration 
status' of any person they stop, detain, or arrest on some 
other legitimate basis if `reasonable suspicion exists that the 
person is an alien and is unlawfully present in the United 
States.'''\189\ The Supreme Court ruled that:
---------------------------------------------------------------------------
    \189\Id. at 2507.

        There is a basic uncertainty about what the law means 
        and how it will be enforced. At this stage, without the 
        benefit of a definitive interpretation from the state 
        courts, it would be inappropriate to assume [the 
        provision] will be construed in a way that creates a 
        conflict with Federal law. . . .\190\
---------------------------------------------------------------------------
    \190\Id. at 2510.

    The Court noted that while ``[d]etaining individuals solely 
to verify their immigration status would raise constitutional 
concerns . . . [, the provision] could be read to avoid those 
concerns.''\191\
---------------------------------------------------------------------------
    \191\Id. at 2509.
---------------------------------------------------------------------------
    The Court stated that:

        [I]t would disrupt the Federal framework to put state 
        officers in the position of holding aliens in custody 
        for possible unlawful presence without Federal 
        direction and supervision. . . . The program put in 
        place by Congress does not allow state or local 
        officers to adopt this enforcement mechanism. But [the 
        provision] could be read to avoid these concerns.

        .  .  .  .

        [If the provision] only requires state officers to 
        conduct a status check during the course of an 
        authorized, lawful detention or after a detainee has 
        been released, the provision likely would survive 
        preemption--at least absent some showing that it has 
        other consequences that are adverse to Federal law and 
        its objectives. There is no need in this case to 
        address whether reasonable suspicion of illegal entry 
        or another immigration crime would be a legitimate 
        basis for prolonging a detention, or whether this too 
        would be preempted by Federal law.

        .  .  .  .

        [I]t would be inappropriate to assume [that the 
        provision] will be construed in a way that creates a 
        conflict with Federal law. . . . As a result, the 
        United States cannot prevail in its current challenge. 
        . . . This opinion does not foreclose other preemption 
        and constitutional challenges to the law as interpreted 
        and applied after it goes into effect.\192\
---------------------------------------------------------------------------
    \192\Id. at 2509-10 (citations omitted).

    However, it is the clear congressional intent of H.R. 2278 
that it would most decidedly not disrupt the Federal framework 
to put state officers in the position of holding aliens in 
custody for possible unlawful presence without Federal 
direction and supervision. Thus, after enactment of H.R. 2278, 
the Arizona provision would be a permissible and constitutional 
exercise of state power if in practice it put state officers in 
the position of holding aliens in custody for possible unlawful 
presence without Federal direction and supervision. Again, the 
congressional intent embodied in H.R. 2278 is to allow States 
to further the overarching congressional goal that the Federal 
immigration laws be enforced, regardless of the policies of 
immigration law non-enforcement of any particular 
administration. Of course, after enactment of H.R. 2278, this 
provision of Arizona law would have to be implemented in a 
fashion that did not violate relevant constitutional 
provisions, such as the bar against unreasonable searches and 
seizures under the Fourth Amendment.
                  The Administration's Response
    As discussed in the prior section on 287(g) agreements, ICE 
responded to the Supreme Court's decision partially upholding 
Arizona's law by rescinding its 287(g) agreements with Arizona 
law enforcement agencies. ICE cited the Supreme Court's 
decision to uphold the provision of Arizona law that requires a 
reasonable attempt to be made when practicable to determine the 
immigration status of a person during any lawful stop, 
detention or arrest.
    Specifically, 287(g) Task Force agreements were rescinded 
with the Arizona Department of Public Safety, the City of Mesa 
Police Department, the Florence Police Department, the Pima 
County Sheriff's Office, the Pinal County Sheriff's Office, the 
Yavapai County Sheriff's Office and the Phoenix Police 
Department.\193\
---------------------------------------------------------------------------
    \193\Information provided by ICE.
---------------------------------------------------------------------------
    Section 112 of H.R. 2278 requires that DHS accept a request 
for 287(g) applications absent a compelling reason not to. No 
limit on the number of agreements can be imposed. The Secretary 
shall process requests for such agreements with all due haste, 
and in no case shall take more than 90 days from the date the 
request is made until the agreement is consummated. Any such 
agreement under this section shall accommodate a requesting 
State or political subdivision with respect to the enforcement 
model of their choosing. Furthermore, no agreement can be 
terminated absent a compelling reason to do so. DHS shall 
provide a State or political subdivision written notice of 
intent to terminate at least 180 days prior to date of intended 
termination.
            C. The SAFE Act
    President Reagan signed the Immigration Reform and Control 
Act, or IRCA, into law on November 6, 1986.\194\ The bill 
provided for three main reforms: legalizing many of the 
millions of unlawful aliens already in the country, increasing 
border enforcement, and instituting penalties for employers who 
hired unauthorized workers and requiring that they check the 
identity and work authorization documents of new hires in order 
to stop the flow of new unlawful aliens. These reforms were 
based on the realization that if Congress passed only a 
legalization program, it would simply be encouraging future 
illegal immigration. The Select Commission on Immigration had 
warned just a few years earlier that ``[w]ithout more effective 
enforcement than the United States has had in the past, 
legalization could serve as a stimulus to further illegal 
entry.''\195\ Unfortunately, IRCA's enforcement measures were 
never adequately enforced and the Commission's fears were 
realized. Border security barely improved. Employer penalties 
weren't enforced. Now, 28 years later, immigration reform 
efforts are haunted by the legacy of IRCA's failure.
---------------------------------------------------------------------------
    \194\Pub. L. No. 99-603.
    \195\Select Commission on Immigration and Refugee Policy, U.S. 
Immigration Policy and the National Interest 82 (1981).
---------------------------------------------------------------------------
    The primary reason why our immigration system is broken 
today is because the present and past administrations have 
largely ignored the enforcement of our immigration laws. Any 
enforcement provisions Congress passes are now subject to 
implementation by the Obama Administration, which fails to 
enforce the laws already on the books. DHS has released 
thousands of unlawful and criminal alien detainees. DHS is 
forbidding ICE officers from enforcing the laws they are bound 
to uphold. One Federal judge has already ruled DHS's actions 
are likely in violation of Federal law. DHS is placing whole 
classes of unlawful aliens in enforcement free zones. DHS has 
claimed to be removing more aliens than any other 
administration, but has to generate misleading numbers in order 
to do so. If we want to avoid the mistakes of the past, we 
cannot allow the President to continue shutting down Federal 
immigration enforcement efforts unilaterally. Real immigration 
reform needs to have mechanisms to ensure that the President 
cannot simply turn off the switch on immigration enforcement.
    The SAFE Act is designed to end the current state of 
affairs in which the nation's immigration laws go largely 
unenforced because the President has directed his 
administration to simply not enforce them. As indicated, it 
grants States and localities the specific congressional 
authorization the Supreme Court requires to enact and enforce 
their own immigration laws as long as they are consistent with 
Federal law and to play a role in the enforcement of Federal 
law.
    However, a decision by the U.S. District Court for the 
District of Arizona imperils the reforms contained in the bill. 
On May 24, 2013, the court enjoined Maricopa County, Arizona, 
from engaging in a number of immigration enforcement 
efforts.\196\ In its opinion, the court ruled that Maricopa 
County law enforcement officers can no longer detain persons 
who they believe to be unlawful aliens. The court noted that 
unlawful presence is not in itself a Federal crime, and ruled 
that the county policy's ``focus on removable alien as opposed 
to aliens who have committed criminal offenses violates the 
strictures against unreasonable seizures set forth in the 
Fourth Amendment.''\197\ Additionally, the court ruled that 
when Maricopa County ``detains a vehicle's occupant(s) because 
a deputy believes that the occupants are not legally present in 
the country, but has no probable cause to detain them for any 
other reason, the deputy violates the Fourth Amendment rights 
of the occupants.''\198\
---------------------------------------------------------------------------
    \196\See Melendres v. Arpaio, (D. Ariz.) (2013 WL 2297173).
    \197\Id. at 63 (footnote omitted).
    \198\Id.
---------------------------------------------------------------------------
    Courts that adopt this analysis will bar State and local 
law enforcement officers from detaining unlawful aliens even if 
the congressional authorization provisions become law. The 
courts will claim that the provisions are unconstitutional and 
therefore prevent the immigration laws from being enforced by 
States and localities that want to enforce them.
    There is a simple way to shut these courts down and to 
allow States and localities to assist in the enforcement of our 
immigration laws. Illegal entry to the U.S. is already a 
Federal misdemeanor offense for a first offense (with maximum 
imprisonment of 6 months) and a felony for a subsequent offence 
(with maximum imprisonment of 2 years).\199\ Section 315 of the 
bill simply provides that illegal presence in the U.S. will be 
a Federal misdemeanor, making State and local law enforcement 
actions against aliens who are unlawfully present consistent 
with the Fourth Amendment under the analysis of the U.S. 
District Court for the District of Arizona. The majority of 
unlawfully present aliens in the U.S. entered the U.S. 
illegally or have committed document fraud and therefore have 
already violated Federal criminal law. Aliens who have abused 
our hospitality and overstayed their visas in order to work 
illegally are just as culpable as aliens who enter the U.S. 
illegally.
---------------------------------------------------------------------------
    \199\See INA sec. 275. Former Secretary of Homeland Security Janet 
Napolitano testified before the Senate that ``Operation Streamline, a 
DHS partnership with the Department of Justice, is a geographically 
focused operation that aims to increase the consequences for illegally 
crossing the border by criminally prosecuting illegal border-crossers. 
In the twelve months from April 1, 2010 to March 31, 2011, there were 
more than 30,000 prosecutions under Operation Streamline. . . .'' 
Securing the Border: Progress at the Federal Level: Hearing Before the 
Senate Comm. On Homeland Security and Governmental Affairs, 112th Cong. 
(2011).
---------------------------------------------------------------------------
    Law professors Gabriel Chin and Marc Miller argue that 
States cannot constitutionally ``enact and enforce criminal 
immigration laws that are based on Federal statutes''--even if 
explicitly authorized by Congress.\200\ They posit that:
---------------------------------------------------------------------------
    \200\Gabriel Chin & Marc Miller, The Unconstitutionality of State 
Regulation of Immigration through Criminal Law, 61 Duke L.J. 251 
(2011).

        [S]tate enforcement would be unconstitutional even if 
        it were explicitly authorized by Congress. First, the 
        Federal immigration power is exclusive and 
        nondelegable. Second, criminal prosecution and 
        immigration enforcement are executive powers that 
        Congress cannot remove from the president and share 
        with non-executive-branch officials. Finally, the 
        Supreme Court has held that states cannot prosecute 
        crimes that affect only the sovereign interests of the 
        United States. Accordingly, state immigration 
---------------------------------------------------------------------------
        prosecutions are irremediably unconstitutional.

        .  .  .  .

        Congress has no power to delegate regulatory authority 
        in areas within its exclusive jurisdiction. Further, 
        Congress has no power to delegate the president's duty 
        to carry out the laws to state officers who are wholly 
        outside of presidential control. Accordingly, even if 
        Congress invited the states to legislate in the 
        immigration sphere, the resulting state laws would 
        still be unconstitutional.\201\
---------------------------------------------------------------------------
    \201\Id. at 252, 261.

    At the outset, it should be noted that States (and 
localities) cannot constitutionally take over the role of 
admitting, excluding, or removing aliens. Courts have made this 
clear over many decades. As the Supreme Court of Arizona has 
stated, ``[t]he Federal power over aliens is exclusive and 
supreme in matters of their deportation and entry into the 
United States.\202\ And the Supreme Court has found that:
---------------------------------------------------------------------------
    \202\State v. Camargo, 537 P.2d 920, 922 (Ariz. 1975).

        The Federal Government has broad constitutional powers 
        in determining what aliens shall be admitted to the 
        United States, the period they may remain, regulation 
        of their conduct before naturalization, and the terms 
        and conditions of their naturalization. . . . Under the 
        Constitution the states are granted no such powers; 
        they can neither add to nor take from the conditions 
        lawfully imposed by Congress upon admission, 
        naturalization and residence of aliens in the United 
        States or the several states. State laws which impose 
        discriminatory burdens upon the entrance or residence 
        of aliens lawfully within the United States conflict 
        with this constitutionally derived Federal power to 
        regulate immigration, and have accordingly been held 
        invalid.\203\
---------------------------------------------------------------------------
    \203\Takahashi v. Fish and Game Commission, 334 U.S. 410, 419 
(1948) (citation and footnote omitted).

    Chin and Miller thus argue that ``only Congress can create 
crimes involving the admission, exclusion, and removal of 
noncitizens.''\204\ However, the SAFE Act does no such thing. 
In fact, section 102(b) of the Act provides that ``[l]aw 
enforcement personnel of a State, or of a political subdivision 
of a State, may not remove aliens from the United States.''
---------------------------------------------------------------------------
    \204\The Unconstitutionality of State Regulation of Immigration 
through Criminal Law at 305.
---------------------------------------------------------------------------
    However, the professors' main argument seems entirely at 
odds with the district court and Supreme Court decisions in 
Arizona v. U.S. The Arizona statute at issue instituted a 
number of new State crimes based on Federal crimes in the 
immigration sphere. The United States District Court for the 
District of Arizona ruled constitutional that portion of the 
Arizona law:

        which makes it illegal for a person who is in violation 
        of a criminal offense to: (1) transport or move or 
        attempt to transport or move an alien in Arizona in 
        furtherance of the alien's unlawful presence in the 
        United States; (2) conceal, harbor, or shield or 
        attempt to conceal, harbor, or shield an alien from 
        detection in Arizona; and (3) encourage or induce an 
        alien to come to or live in Arizona.\205\
---------------------------------------------------------------------------
    \205\U.S. v. Arizona, 703 F. Supp.2d 980, 1002 (D. Ariz. 2010).

    This language is derived from Federal criminal law.\206\
---------------------------------------------------------------------------
    \206\See section 274 of the Immigration and Nationality Act.
---------------------------------------------------------------------------
    The district court found that the Arizona provision ``does 
not attempt to regulate who should or should not be admitted 
into the United States, and it does not regulate the conditions 
under which legal entrants may remain in the United States. . . 
. Therefore, the Court concludes that the United States is not 
likely to succeed on its claim that [the provision] is an 
impermissible regulation of immigration.''\207\ In fact, the 
court specifically stated that the provision ``does not attempt 
to prohibit entry into Arizona, but rather criminalizes 
specific conduct already prohibited by Federal law.''\208\ 
Thus, the district court found nothing unconstitutional in a 
State criminal law regarding immigration mirroring Federal 
criminal law. The United States chose not to even appeal this 
matter to the 9th Circuit.\209\ Professors Chin and Miller even 
admit that ``[t]o some extent . . . the district court's 
decision can be read as an affirmation of the mirror-image 
theory [that State criminal law can ``mirror'' Federal criminal 
immigration law] because of the parts of the Arizona law it did 
not enjoin.''\210\
---------------------------------------------------------------------------
    \207\703 F. Supp.2d at 1003.
    \208\Id. at 1003 n.19.
    \209\See U.S. v. Arizona, 641 F. 3d 339, 344 (9th Cir. 2011) 
(``[T]he United States did not cross-appeal the partial denial of 
injunctive relief.'').
    \210\The Unconstitutionality of State Regulation of Immigration 
through Criminal Law at 257.
---------------------------------------------------------------------------
    The 9th Circuit later ruled in the context of a request for 
a preliminary injunction against this statutory provision by 
private plaintiffs that the statute was likely 
unconstitutional--but on completely separate grounds (void for 
vagueness and preempted by Federal law).\211\ The court nowhere 
mentions Professor Chin and Miller's theory that Federal 
immigration power is ``exclusive and nondelegable.''
---------------------------------------------------------------------------
    \211\See Valle del Sol Inc. v. Whiting, 732 F.3d 1006, 1029 (9th 
Cir. 2013).
---------------------------------------------------------------------------
    The Supreme Court ruling found portions of the Arizona law 
constitutional and portions unconstitutional. Strikingly, the 
Court ruled solely on preemption grounds, even when considering 
the constitutionality of a provision of Arizona law mirroring a 
Federal criminal statute requiring aliens to carry registration 
documents.\212\
---------------------------------------------------------------------------
    \212\See U.S. v. Arizona, 132 S.Ct. at 2503.
---------------------------------------------------------------------------
    If Professor Chin and Miller's theory that Federal 
immigration power is ``exclusive and nondelegable'' were 
plausible, it would be exceedingly odd for the Supreme Court to 
not even mention it when declaring unconstitutional a provision 
of Arizona criminal law mirroring Federal criminal immigration 
law.
    The Supreme Court has of course acknowledged many times 
that ``[p]ower to regulate immigration is unquestionably 
exclusively a Federal power.''\213\ But, at the same time, in 
DeCanas v. Bica in 1976, the Court ruled in the case of a state 
statute criminalizing the knowing employment of an unlawful 
alien (if such employment would have an adverse effect on 
lawful resident workers)\214\ that:
---------------------------------------------------------------------------
    \213\DeCanas v. Bica, 96 S.Ct. 933, 936 (1976) (citations omitted).
    \214\See DeCanas v. Bica, 40 Cal.App.3d. 976, 978 (Cal. Ct. App. 
1974).

        [T]he Court has never held that every state enactment 
        which in any way deals with aliens is a regulation of 
        immigration and thus per se pre-empted by this 
        constitutional power, whether latent or exercised. . . 
        . [S]tanding alone, the fact that aliens are the 
        subject of a state statute does not render it a 
        regulation of immigration, which is essentially a 
        determination of who should or should not be admitted 
        into the country, and the conditions under which a 
        legal entrant may remain. Indeed, there would have been 
        no need, in cases such as Graham, Takahashi, or Hines 
        v. Davidowitz . . . , even to discuss the relevant 
        congressional enactments in finding pre-emption of 
        state regulation if all state regulation of aliens was 
        ipso facto regulation of immigration, for the existence 
        vel non of Federal regulation is wholly irrelevant if 
        the Constitution of its own force requires pre-emption 
        of such state regulation. In this case, California has 
        sought to strengthen its economy by adopting Federal 
        standards in imposing criminal sanctions against state 
        employers who knowingly employ aliens who have no 
        Federal right to employment within the country; even if 
        such local regulation has some purely speculative and 
        indirect impact on immigration, it does not thereby 
        become a constitutionally proscribed regulation of 
        immigration that Congress itself would be powerless to 
        authorize or approve. Thus, absent congressional 
        action, S 2805 would not be an invalid state incursion 
        on Federal power.\215\
---------------------------------------------------------------------------
    \215\DeCanas v. Bica, 96 S.Ct at 936.

    DeCanas v. Bica also seems quite inconsistent with the 
thrust of Chin and Miller's argument. The Supreme Court upheld 
as constitutional a State criminal statute explicitly dealing 
with illegal immigration (of course, not in the context of 
their deportation and entry into the United States).
    And, in Plyler v. Doe, in a case not dealing with a State 
criminal statute but with the ability of a State to deny public 
education to unlawful alien children, the Court stated that:

        As we recognized in DeCanas v. Bica. . . . the States 
        do have some authority to act with respect to illegal 
        aliens, at least where such action mirrors Federal 
        objectives and furthers a legitimate state goal. In 
        DeCanas, the State's program reflected Congress' 
        intention to bar from employment all aliens except 
        those possessing a grant of permission to work in this 
        country. . . .

        .  .  .  .

        Although the State has no direct interest in 
        controlling entry into this country, that interest 
        being one reserved by the Constitution to the Federal 
        Government, unchecked unlawful migration might impair 
        the State's economy generally, or the State's ability 
        to provide some important service. Despite the 
        exclusive Federal control of this Nation's borders, we 
        cannot conclude that the States are without any power 
        to deter the influx of persons entering the United 
        States against Federal law, and whose numbers might 
        have a discernible impact on traditional state 
        concerns.\216\
---------------------------------------------------------------------------
    \216\102 S.Ct. 2382, 2399, 2400 n.23 (1982) (citation omitted).

    In fact, the Court in Arizona v. U.S. actually emphasized 
the legitimate and traditional state interests and concerns 
---------------------------------------------------------------------------
implicated by illegal immigration:

          The pervasiveness of Federal regulation does not 
        diminish the importance of immigration policy to the 
        States. Arizona bears many of the consequences of 
        unlawful immigration. Hundreds of thousands of 
        deportable aliens are apprehended in Arizona each year. 
        . . . Unauthorized aliens who remain in the State 
        comprise, by one estimate, almost 6 percent of the 
        population. . . . And in the State's most populous 
        county, these aliens are reported to be responsible for 
        a disproportionate share of serious crime. . . . 
        [citing a report] (estimating that unauthorized aliens 
        comprise 8.9% of the population and are responsible for 
        21.8% of the felonies in Maricopa County, which 
        includes Phoenix).
          Statistics alone do not capture the full extent of 
        Arizona's concerns. Accounts in the record suggest 
        there is an ``epidemic of crime, safety risks, serious 
        property damage, and environmental problems'' 
        associated with the influx of illegal migration across 
        private land near the Mexican border. . . . Phoenix is 
        a major city of the United States, yet signs along an 
        interstate highway 30 miles to the south warn the 
        public to stay away. One reads, ``DANGER--PUBLIC 
        WARNING--TRAVEL NOT RECOMMENDED/Active Drug and Human 
        Smuggling Area/Visitors May Encounter Armed Criminals 
        and Smuggling Vehicles Traveling at High Rates of 
        Speed.'' . . . The problems posed to the State by 
        illegal immigration must not be underestimated.\217\
---------------------------------------------------------------------------
    \217\132 S.Ct. at 2500 (citations omitted).

    Thus, recent Supreme Court precedent is wholly consistent 
with section 102(a) of the SAFE Act. States have legitimate and 
traditional state interests and concerns implicated by illegal 
immigration, and thus can enact and enforce State criminal 
legislation mirroring Federal criminal immigration statutes (of 
course, not in the context of the entry into the U.S. or 
deportation of aliens).
            D. Community Policing
    Many advocacy groups claim that community policing would be 
undermined if local law enforcement authorities were permitted 
to enforce Federal immigration laws or their own immigration 
laws. Community policing is based on trust and collaborative 
partnerships between local law enforcement and the individuals 
and organizations they serve. The SAFE Act maintains standards 
of community policing by providing local law enforcement with 
the tools they need to implement consistent law enforcement and 
foster safe communities, as well as leaving communication 
channels open between law enforcement and those that they 
serve.
    As a general matter, local communities tend to trust local 
law enforcement more than they trust unknown Federal 
authorities. Hence, community policing would be enhanced under 
the SAFE Act. Community trust of law enforcement is eroded when 
police willfully ignore entire areas of law-breaking (such as 
unlicensed driving, identity theft, drunk driving, gang 
membership, ``low level'' crimes, immigration violations) or 
pick and choose which laws to enforce.
    Additionally, trust can be built by conveying the message 
that victims and witnesses are not targets for immigration law 
enforcement. In fact, they are eligible for immigration 
benefits such as T visas for trafficking victims and U visas 
for crime victims.\218\ Advocacy groups can work with immigrant 
communities and ethnic media to advance reliable information 
about Federal immigration policies and the resources that may 
be available to assist aliens, even those that are unlawful, 
with respect to law enforcement investigations. Sheriff Page 
has conveyed this message to immigrant communities in 
Rockingham, NC.\219\ He has engaged in frequent interviews with 
Spanish language media outlets as well as jail ministry 
programs.\220\ This has allowed him to forge connections with 
faith leaders who help him communicate with the immigrant 
community to explain his activities and how law enforcement 
protects law-abiding residents of the county.\221\ He has even 
gone so far as to meet with the Mexican consul. Creating 
relationships and effective communication with the immigrant 
community fosters trust in local and Federal law 
enforcement.\222\
---------------------------------------------------------------------------
    \218\See INA sec. 101(a)(15)(T), (U).
    \219\See Jessica Vaughan, Sheriffs Skeptical of ``Chilling Effect'' 
from Secure Communities, Center for Immigration Studies blog (July 11, 
2012).
    \220\Id.
    \221\Id.
    \222\Id.
---------------------------------------------------------------------------
    Members of immigrant communities are the primary victims of 
alien criminals and are equally as interested in getting 
criminals off the streets and creating safe communities as 
anyone else. The SAFE Act will provide for safer communities 
and could inspire increased collaboration between local law 
enforcement and immigrant populations.
    The idea of the ``chilling effect'' holds that if local 
agencies become involved in immigration enforcement, immigrants 
in their jurisdictions will be so intimidated and fearful of 
the local authorities that they will not report crimes or 
assist in investigations. The origins of this theory are 
unclear and hard evidence is non-existent.
    Data does not support that a chilling effect exists. 
National crime statistics show no pattern of difference in 
crime reporting rates by ethnicity, and the most reliable 
academic research available, based on surveys of immigrants, 
have found that when immigrants do not report crimes, they say 
it is because of language and cultural factors, not because of 
fear of immigration law enforcement.\223\ There is little 
evidence that cooperation between Federal and local law 
enforcement will cause immigrants, even unlawful aliens, to 
stop reporting crimes.\224\
---------------------------------------------------------------------------
    \223\See U.S. Department of Justice, Criminal Victimization 
Statistics, http://www.ojp.usdoj.gov/bjs/abstract/cv05.htm.
    \224\Robert Davis & Edna Erez, Immigrant Populations as Victims: 
Toward a Multicultural Criminal Justice System, National Institute of 
Justice: Research in Brief, May 1998, and Robert Davis, Edna Erez & 
Nancy Avitable, Access to Justice for Immigrants Who Are Victimized: 
The Perspective of Police and Prosecutors, Criminal Justice Policy 
Review 12:3, September 2001.
---------------------------------------------------------------------------
    According to the Bureau of Justice Statistics' Annual 
Criminal Victimization Study, only about 50% of all crimes are 
ever reported to police and these rates have remained unchanged 
over the last decade. Additionally, there are no significant 
differences in crime reporting rates by males across ethnic 
groups.\225\ For females, Hispanic females are slightly more 
likely than whites and blacks to report violent crime; and they 
are less likely to report property crime.\226\ The report is 
consistent with academic research findings that Hispanic 
females to be more trusting of police.
---------------------------------------------------------------------------
    \225\See Criminal Victimization Statistics.
    \226\Id.
---------------------------------------------------------------------------
    According to a survey on ``why immigrants don't report 
crime'', 47% cited language barrier, 22% cited cultural 
differences, 15% cited a lack of understanding of the US 
criminal justice system, and 3% cited a belief that the 
authorities would do nothing.\227\ Only 10% cited fear of 
authorities based on their home country experience or 
deportation, while only 3% cited fear of retaliation.\228\
---------------------------------------------------------------------------
    \227\Id.
    \228\Id.
---------------------------------------------------------------------------
    Academic studies on attitudes and trust among immigrants 
find that it is impossible to generalize because of differences 
according to nationality. Others find that the most important 
factor is socioeconomic status and feelings of empowerment 
within the community. Neither of which would be at all 
negatively affected by the SAFE Act.
    Two studies of local law enforcement agencies, one in 
Prince William County, Virginia, conducted by the University of 
Virginia and one in Collier County, Florida, are instructive. 
After Prince William County implemented mandatory screening and 
entered the 287(g) program, there was no significant change in 
calls for service among Hispanics. There was also no 
significant difference between Hispanics and non-Hispanic after 
the implementation of their immigration enforcement 
initiatives.\229\ In Collier County, again, no difference was 
found between immigrant and native communities after 287(g) was 
implemented.\230\ There were also no substantiated cases of 
crime victims being removed after reporting a crime, unless the 
victim was also a criminal. Even though Collier County consists 
of several diverse jurisdictions, some with largely native-born 
populations and some with largely immigrant populations, calls 
for service between immigrant and native communities showed no 
difference after the program was launched.
---------------------------------------------------------------------------
    \229\Thomas M. Guterbock et al., Evaluation Study of Prince William 
County Police Illegal Immigration Enforcement Policy: Interim Report 
2009, Center for Survey Research, University of Virginia and Police 
Executive Research Forum, August 2009, at 51-52, http://www.pwcgov.org/
docLibrary/PDF/10636.pdf.
    \230\See Michael J. Williams, Commander, Legal Affairs, Collier 
County, Florida Sheriff's Department, Local Enforcement of Federal 
Immigration Law and 287(g), Law Enforcement and Public Safety TV 
(LEAPS-TV) broadcast on July 28, 2009.
---------------------------------------------------------------------------
    Lt. Wes Lynch, of Whitfield County, Georgia, found that 
``[s]ince starting the 287(g) program at our jail, we have had 
more communication with the immigrant community, not 
less.''\231\ The Sheriff has included the Mexican consulate and 
advocates for the immigrant community in discussing the 
program.\232\ Lynch says that immigrants now approach officers 
at the jail much more regularly and have assisted in locating 
criminals.\233\
---------------------------------------------------------------------------
    \231\Id.
    \232\See id.
    \233\See id.
---------------------------------------------------------------------------
    For example, one individual suspected of being an unlawful 
alien came to the jail to report the return to the community of 
a drug dealer who had already been removed once before as an 
aggravated felon, enabling his prosecution for illegal re-
entry.\234\ Another community member, a naturalized citizen, 
came forward after the 287(g) program was launched to report a 
case of immigration-related marriage fraud. Through its 
partnership between Federal and local law enforcement, the SAFE 
Act is likely to have a similar outcome in the area of 
immigration enforcement.
---------------------------------------------------------------------------
    \234\See id.
---------------------------------------------------------------------------
    Immigrants coming forward to report crimes is one of the 
main ways local law enforcement agencies and ICE are able to 
launch investigations against criminal aliens. Victims and 
witnesses to crimes are not targets for immigration law 
enforcement, and this is repeatedly emphasized by ICE and local 
law enforcement in outreach to immigrant communities.
    Training by Federal authorities as mandated under the SAFE 
Act increases local officers' awareness of when they should 
consider the immigration status of crime victims--not for the 
purpose of removal, but to access the various special 
protections available to victims, witnesses, and informants 
under immigration law. For example, an illegal alien who is a 
victim of a crime might be needed to testify or otherwise 
assist in the prosecution of the perpetrator. The local agency 
can work with Federal authorities to arrange special status 
until the case is resolved.\235\ These tools have proven to be 
a much more powerful way to encourage cooperation from the 
immigrant community than non-cooperation or sanctuary policies.
---------------------------------------------------------------------------
    \235\See INA sec. 101(a)(15)(T), (U).
---------------------------------------------------------------------------
The Detention of Dangerous Aliens
    H.R. 2278 allows for the continued detention of dangerous 
aliens who cannot be removed and strengthens the Department of 
Homeland Security's ability to detain criminal aliens in 
removal proceedings.\236\ The Supreme Court's decisions in 
Zadvydas v. Davis\237\ and Clark v. Martinez\238\ have 
interpreted current immigration law to limit the length of 
detention of aliens who have received orders of removal but who 
cannot be removed. As a result of these decisions, each year 
the Department of Homeland Security must release thousands of 
criminal aliens into communities in the United States. The 
relevant provisions of H.R. 2278 are similar to the provisions 
contained in H.R. 1932, which was reported by the Judiciary 
Committee in the 112th Congress. For a full explanation of the 
Committee's rationale for these earlier provisions (and an 
explanation of the provisions in the SAFE Act to the extent 
they are similar), the Committee Report for H.R. 1932 should be 
considered incorporated into this report.\239\
---------------------------------------------------------------------------
    \236\See H.R. 2278, sec. 310.
    \237\See 533 U.S. 678 (2001).
    \238\See 543 U.S. 371 (2005).
    \239\See H.R. Rep. No 112-255 (2011).
---------------------------------------------------------------------------

                             VISA INTEGRITY

Background
    H.R. 2278 helps ensure security of the visa issuance 
process through the establishment of Visa Security Units (VSUs) 
at all high risk consular posts and ensures that national 
security threats are not able to enter and remain in the United 
States.
    The 9/11 hijackers demonstrated the relative ease of 
obtaining a U.S. visa and gaining admission to the United 
States.\240\ The 19 hijackers applied for 23 visas and obtained 
22. They began the process of obtaining visas almost two and 
half years before the attack. At the time, consular officers 
were unaware of the potential indications of a security threat 
posed by these visa applicants who were in reality terrorists, 
had no information about fraudulent travel stamps that are 
associated with Al Qaeda, and were not trained in terrorist 
travel tactics generally.\241\
---------------------------------------------------------------------------
    \240\See generally, 9/11 and Terrorist Travel, Staff Report on the 
National Commission on Terrorist Attacks upon the United States (2004).
    \241\Id. at 2.
---------------------------------------------------------------------------
    Most of the operatives selected were Saudis, who had little 
difficulty obtaining visas. The mastermind of the operation, 
Khalid Sheikh Mohammed, used a travel facilitator to acquire a 
visa on July 23, 2001, in Jeddah, Saudi Arabia, using an alias.
    Thereafter, other terrorists including the Christmas Day 
Bomber have attempted to enter this country by legal means.
    The State Department (DOS) receives applications for entry 
into the United States by aliens and issues visas for those 
approved to emigrate or visit. Before traveling to the United 
States, a citizen of a foreign country who seeks to enter the 
U.S. generally must first obtain a U.S. visa, which is placed 
in the traveler's passport. A citizen of a foreign country must 
generally obtain a nonimmigrant visa for temporary stay (unless 
the country participates in the visa waiver program) or an 
immigrant visa for permanent residence. The type of visa needed 
depends on the purpose of the travel.
    Having a U.S visa allows an alien to travel to a port of 
entry, airport or land border crossing, and request permission 
of a CBP inspector to enter the U.S. While having a visa does 
not guarantee entry to the U.S., it does indicate that a 
consular officer at a U.S. embassy or consulate abroad has 
determined that an alien is eligible to seek entry for a 
specific purpose. CBP inspectors, guardians of the nation's 
borders, are responsible for admission of travelers to the 
U.S., for a specified status and period of time.
    Following the 9/11 attacks, Congress gave serious 
consideration to removing the visa issuance function from DOS 
and placing it under the authority of the newly established 
DHS. Such an arrangement would have placed this immigration-
related function in the agency with primary authority over 
immigration matters, and it would have addressed the many 
serious concerns (which pre-dated 9/11) about DOS's penchant 
for treating the consular visa-issuance function more as a 
public diplomacy and foreign relations tool than as a function 
fundamentally about law enforcement and immigration compliance. 
As a result of a compromise reached in the 2002 Homeland 
Security Act, DOS retained its consular visa-issuance function, 
while Section 428 of the Act gave DHS authority to ``to issue 
regulations with respect to, administer, and enforce the 
provisions of such Act, and of all other immigration and 
nationality laws, relating to the functions of consular 
officers of the United States in connection with the granting 
or refusal of visas, and shall have the authority to refuse 
visas in accordance with law.''\242\
---------------------------------------------------------------------------
    \242\Pub. L. No. 107-296.
---------------------------------------------------------------------------
    The Visa Security Program (VSP) created by section 428 
authorizes DHS ``to assign employees of the Department to each 
diplomatic and consular post at which visas are issued, unless 
the Secretary determines that such an assignment at a 
particular post would not promote homeland security.''
    In practice, however, ICE must obtain the approval not only 
from DHS headquarters to establish new overseas presences, but 
also from the chief of mission at each diplomatic post and DOS 
headquarters. One of the major obstacles has often been the 
local embassy leadership, who may see ICE presence as an 
invasion of the jurisdiction that traditionally belonged to 
Consular Affairs or to DOS's Regional Security Officer who is 
tasked with reviewing visa applications and screening 
applicants to prevent fraud and to avoid issuance of visas to 
criminals or terrorists. For example, DHS wanted to expand the 
VSP to Turkey but DOS denied the request.
    With an average office size of two employees, VSP units, 
also known as Visa Security Units, screen all visa applicants 
submitted at the Consular Office through DHS databases and 
conduct targeted reviews of those applicants considered high-
risk. According to information provided by ICE, it costs 
approximately $2.2 million to open a new VSP unit, covering two 
to three employees, technology, and vehicles.
    To date, DHS has established VSP posts at only 19 locations 
with a presence in 15 countries. However, there is a list of 
over 50 designated ``high-risk'' posts. The opposition from DOS 
is particularly objectionable, since the Homeland Security Act 
does not give it any power to veto or resist DHS's choice of 
posts at which VSP officers would ``promote homeland 
security.''
    Opposition from DOS or from parochial interests in 
individual embassies has not been the only obstacle to 
implementation of VSP. In fact, DHS has left VSU requests 
pending for several months in the past. For instance, a request 
from ICE in September 2008 was sent to the Secretary of 
Homeland Security for approval to create a VSP office in Yemen, 
but that request was not approved by Secretary Napolitano until 
January 15, 2010, and finally on February 16, 2010, by the 
Secretary of State. And it was approved only when it came to 
light that the Christmas Day bomber had ties to Yemen.
    Additionally, on February 10, 2010, DOS notified ICE that 
its request for a VSU in Jerusalem was denied due to ``the 
principles of rightsizing,'' and explained that DOS believed 
its personnel onsite could perform the visa-screening 
function.\243\ Congress was notified of this decision on 
February 16, 2010, and 2 days later a revised cable from the 
American Consulate in Jerusalem was delivered reversing the 
decision and approving the conditional establishment of the 
VSU.
---------------------------------------------------------------------------
    \243\See American Consulate in Jerusalem unclassified cable to 
Secretary of State, February 10, 2010.
---------------------------------------------------------------------------
    The existing memorandum of understanding between DOS and 
DHS states that a consular officer will not issue a visa over 
the objection of the VSP unit until the objection has been 
resolved.\244\ Thus, the Secretary of Homeland Security does 
have the authority to prevent a Consular Office from issuing a 
visa if an objection cannot be resolved. According to ICE, the 
Secretary has only used this authority once--in 2005.
---------------------------------------------------------------------------
    \244\See Memorandum of Understanding Among U.S. Immigration and 
Customs Enforcement of the Department of Homeland Security and the 
Bureau of Consular Affairs and Diplomatic Security of the Department of 
State on Roles, Responsibilities, and Collaboration at Visa Security 
Units Abroad (January 11, 2011).
---------------------------------------------------------------------------
    Section 405 of the SAFE Act clarifies that both the 
Secretary of Homeland Security and the Secretary of State can 
refuse or revoke visas to aliens if in the security interests 
of the United States. Sections 406 and 407 of the SAFE Act also 
provide for funding and the expeditious expansion of visa 
security units.
Visa Revocation
    After a visa has been issued, a consular officer has the 
discretionary authority to revoke a visa at any time. In fact, 
in his January 20, 2010, testimony before the Senate Judiciary 
Committee, Department of State Undersecretary for Management 
Patrick Kennedy stated, ``since 2001 we have revoked over 
51,000 visas . . . including over 1,700 for suspected ties to 
terrorism.''\245\
---------------------------------------------------------------------------
    \245\Securing America's Safety: Improving the Effectiveness of 
Anti-Terrorism Tools and Inter-Agency Communication, Hearing Before the 
Senate Judiciary Comm. 111th Cong (2010) (statement of Patrick F. 
Kennedy).
---------------------------------------------------------------------------
    Under DOS procedures, when derogatory information about an 
individual comes to light after a visa is issued, consideration 
is given to whether it would be prudent to revoke the visa. DOS 
officials sometimes prudentially revoke visas, i.e., they 
revoke a visa as a safety precaution to ensure that all 
relevant or potentially relevant facts about the applicant are 
thoroughly explored. Prudential revocations are precautionary 
actions that can be taken when the alien's admissibility is 
deemed to raise national security concerns. Although DOS has 
previously testified to Congress about this being a ``low 
threshold,'' they have recently indicated they would not 
prudentially revoke a visa for security reasons unless there 
was an ``immediate threat.''\246\
---------------------------------------------------------------------------
    \246\Visa Issuance, Information Sharing and Enforcement in a Post-
9/11 Environment: Are We Ready Yet?: Hearing Before the Senate Comm. on 
the Judiciary's Subcomm. on Immigration, Border Security and 
Citizenship 103rd Cong (2003) (testimony of Janice L. Jacobs, Deputy 
Assistant Secretary of State for Visa Services).
---------------------------------------------------------------------------
    While DHS has clear authority over the policies to grant or 
deny visas, its statutory role in the visa revocation process 
is unclear. The law specifically provides that after a visa has 
been issued, a consular officer has the discretionary authority 
to revoke a visa at any time.\247\ The statute makes no mention 
of DHS, and there is no explicit grant of authority DHS in 
section 428 of the Homeland Security Act to revoke a visa.
---------------------------------------------------------------------------
    \247\See INA sec. 221(i)
---------------------------------------------------------------------------
    Nonetheless, it could be argued that DHS, through the broad 
language of section 428, is granted the ability to revoke as it 
is a matter ``relating to the functions of consular officers of 
the United States in connection with the granting or refusal of 
visas.'' Furthermore, the MOU between DOS and DHS on the 
implementation of section 428 provides that ``if the Secretary 
of Homeland Security decides to exercise the authority to 
refuse a visa in accordance with law, or to revoke a visa, the 
Secretary of Homeland Security shall request the Secretary of 
State to instruct the relevant consular officer to refuse or 
revoke the visa.''\248\ This language appears to acknowledge 
the authority of the Secretary of Homeland Security to revoke a 
visa; however, it also seems to indicate that the Secretary of 
State has final say over the revocation.
---------------------------------------------------------------------------
    \248\Memorandum of Understanding Between the Secretaries of State 
and Homeland Security Concerning Implementation of Section 428 of the 
Homeland Security Act of 2002, Sept. 26, 2003, at 8 (emphasis added).
---------------------------------------------------------------------------
    The MOU also bars the Secretary of Homeland Security from 
delegating the visa refusal or revocation decision outside DHS 
headquarters, effectively making it impossible for the 
Secretary to pass this responsibility to the Assistant 
Secretary for ICE, who has direct authority for the DHS program 
that monitors visa issuance and identifies security or fraud 
threats. Section 405 of the SAFE Act specifically authorizes 
the Secretary of Homeland Security or a designee to refuse or 
revoke visas to aliens if in the security or foreign policy 
interests of the United States.
Removal Predicated on Visa Revocation Decisions
    The then-Government Accounting Office (GAO) issued a report 
in 2003 finding that ``30 individuals whose visas were revoked 
on terrorism grounds entered the United States either before or 
after revocation and may still remain in the country'' and that 
``INS and the FBI were not routinely taking actions to 
investigate, locate, or resolve the cases of individuals who 
remained in the United States after their visas were 
revoked.''\249\ It found that this was because of the 
difficulty of removing such aliens. GAO expressed concern that 
``there is heightened risk that suspected terrorists could 
enter the country with revoked visas or be allowed to remain 
after their visas are revoked without undergoing investigation 
or monitoring.''\250\
---------------------------------------------------------------------------
    \249\U.S. General Accounting Office, Border Security: New Policies 
and Procedures Are Needed to Fill Gaps in the Visa Revocation Process 
(GAO-03-798) 4 (2003) (footnotes omitted).
    \250\Id. at 27.
---------------------------------------------------------------------------
    There were two underlying factors which contributed to this 
state of affairs. First, DOS revocation certificates state that 
in the case of aliens present in the United States, revocation 
are not effective until after the aliens' departure from the 
United States.\251\ Second, it is unclear as to whether the 
fact of revocation in and of itself is a ground for removing an 
alien who had been admitted to the U.S.--``A visa revocation by 
itself [was] not a stated grounds for removal under the 
Immigration and Nationality Act''\252\ and INS investigators 
``believed that under the INA, the visa revocation itself does 
not affect the alien's legal status in the United 
States.''\253\ The GAO found that ``[the] issue of whether a 
visa revocation, after an alien is admitted on that visa, has 
the effect of rendering the individual out-of-status is 
unresolved legally. . . .''\254\
---------------------------------------------------------------------------
    \251\Id. at 25.
    \252\Id. at 5 (footnote omitted)
    \253\Id. at 25.
    \254\Id.
---------------------------------------------------------------------------
    While the INS could have initiated deportation proceedings 
against an alien on the basis of other grounds of removal--such 
as terrorist activity, this was problematic. The burden of 
proof is on the government in deportation proceedings against 
admitted aliens. Compounding this fact:

        INS officials stated that the State Department provides 
        very little information or evidence relating to the 
        terrorist activities when it sends the revocation 
        notice to INS. Without sufficient evidence linking the 
        alien to any terrorist-related activities, INS cannot 
        institute removal proceedings on the basis of that 
        charge. [E]ven if there is evidence, INS officials 
        said, sometimes the agency that is the source of the 
        information will not authorize the release of that 
        information because it could jeopardize ongoing 
        investigations or reveal sources and methods. . . . INS 
        officials state that sometimes the evidence that is 
        used to support a discretionary revocation from the 
        Secretary of State is not sufficient to support a 
        charge of removing an alien in immigration proceedings 
        before an immigration judge. [State Department 
        officials] said that most of the time, the information 
        on which these revocations is based is classified.

        .  .  .  .

        At some point in the proceedings . . . in establishing 
        that the alien is removable . . . the government could 
        be called on to disclose any classified or law 
        enforcement sensitive information that serves as the 
        basis of the charges against the alien. According to 
        INS attorneys, this can be challenging since many times 
        the law enforcement or intelligence agencies that are 
        the source of the information may not authorize the 
        release of that information because it could jeopardize 
        ongoing investigations or reveal sources and 
        methods.\255\
---------------------------------------------------------------------------
    \255\Id. at 25, 35.

    After the GAO report was issued, DHS and DOS entered into 
an agreement whereby DOS agreed to revoke visas retroactive to 
the time of issuance on a case-by-case basis if requested by 
DHS.\256\ DOS, however, had concerns regarding ``the litigation 
risks involved in removing aliens based on visa revocations'', 
wanting to ``avoid steps that will weaken our ability to use 
revocations flexibly and aggressively to protect homeland 
security'' and to avoid ``a situation in which courts start 
second-guessing our revocation decisions.''\257\
---------------------------------------------------------------------------
    \256\See Hearing before the House Comm. on Government Reform's 
Subcomm. on National Security, Emerging Threats, and International 
Relations, 108th Cong. (2004) (statement of Tony Edson, Managing 
Director (Acting), Office of Visa Services, U.S. Department of State).
    \257\Id.
---------------------------------------------------------------------------
    The House of Representatives included in the legislation to 
implement the recommendations of the 9/11 Commission a 
provision explicitly making revocation of a nonimmigrant visa a 
grounds for removal. The only factor an immigration judge could 
consider in a deportation proceeding was whether in fact DOS 
had revoked the visa. In addition, the House provided that 
there would be no means of judicial review of a visa revocation 
or a deportation action based on the revocation.\258\
---------------------------------------------------------------------------
    \258\See section 3009 of S. 2845 (engrossed amendment as agreed to 
by House) (108th Congress, 2004).
---------------------------------------------------------------------------
    However, in the conference committee, the Senate inserted a 
modification providing that a removal based on visa revocation 
was judicially reviewable if revocation was the sole basis for 
the order of removal.\259\ The Senate language has made the use 
of the visa revocation section problematic. Judicial review 
could force the release to the alien and the public of the 
sensitive information that the revocation ground of removal was 
intended to protect. It could also undermine the consular non-
reviewability doctrine and open the door to judicial second-
guessing of all visa denial decisions.
---------------------------------------------------------------------------
    \259\``There shall be no means of judicial review . . . of a 
revocation [of a visa or other documentation] under this subsection, 
except in the context of a removal proceeding if such revocation 
provides the sole ground for removal under section 1227(a)(1)(B) of 
this title.'' See section 5304 of Pub. L. No. 108-458.
---------------------------------------------------------------------------
    Section 405 of the SAFE Act ensures that there shall be no 
judicial review of any visa revocation decision in order to 
safeguard national security. The SAFE Act ``will prevent an 
alien whose visa has been revoked [from being able] to 
challenge the underlying revocation in court, where the 
government might again be placed in a position of either 
exposing its sources or permitting potentially dangerous alien 
to remain in the U.S.''\260\
---------------------------------------------------------------------------
    \260\H.R. Rep. No. 108-724, part V, at 189 (2004).
---------------------------------------------------------------------------

                                Hearings

    The Committee on the Judiciary's Subcommittee on 
Immigration and Border Security held 1 day of hearings on H.R. 
2278 on June 13, 2013. Testimony was received from Sheriff Paul 
Babeu, Pinal County, AZ; Chris Crane, President of the National 
Immigration and Customs Enforcement Council 118; Sherriff Sam 
Page, Rockingham County, NC; Jamiel Shaw, The Committee to Pass 
Jamiel's Law; The Honorable Randy Krantz, Commonwealth's 
Attorney, Bedford County, VA; Sabine Durden, mother of Dominic 
Durden; Karen Tumlin, National Immigration Law Center; Clarissa 
Martinez De Castro, Director of Civic Engagement and 
Immigration, National Council of La Raza.

                        Committee Consideration

    On June 18, 2013, the Committee met in open session and 
ordered the bill H.R. 2278 favorably reported, with an 
amendment, by a vote of 20 to 15, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that the 
following rollcall votes occurred during the Committee's 
consideration of H.R. 2278.
    1) A second-degree amendment to the Manager's Amendment 
offered by Mr. Bachus that delayed the effective date of the 
illegal entry and unlawful presence penalties for 1 year. 
Defeated 10-24.

                             ROLLCALL NO. 1
------------------------------------------------------------------------
                                                  Ayes    Nays   Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman...................      X
Mr. Sensenbrenner, Jr. (WI)....................              X
Mr. Coble (NC).................................              X
Mr. Smith (TX).................................
Mr. Chabot (OH)................................              X
Mr. Bachus (AL)................................      X
Mr. Issa (CA)..................................
Mr. Forbes (VA)................................
Mr. King (IA)..................................              X
Mr. Franks (AZ)................................              X
Mr. Gohmert (TX)...............................
Mr. Jordan (OH)................................      X
Mr. Poe (TX)...................................      X
Mr. Chaffetz (UT)..............................      X
Mr. Marino (PA)................................      X
Mr. Gowdy (SC).................................      X
Mr. Amodei (NV)................................      X
Mr. Labrador (ID)..............................      X
Ms. Farenthold (TX)............................      X
Mr. Holding (NC)...............................              X
Mr. Collins (GA)...............................              X
Mr. DeSantis (FL)..............................              X
Mr. Smith (MO).................................              X
 
Mr. Conyers, Jr. (MI), Ranking Member..........              X
Mr. Nadler (NY)................................              X
Mr. Scott (VA).................................              X
Mr. Watt (NC)..................................
Ms. Lofgren (CA)...............................              X
Ms. Jackson Lee (TX)...........................              X
Mr. Cohen (TN).................................              X
Mr. Johnson (GA)...............................              X
Mr. Pierluisi (PR).............................              X
Ms. Chu (CA)...................................              X
Mr. Deutch (FL)................................              X
Mr. Gutierrez (IL).............................              X
Ms. Bass (CA)..................................              X
Mr. Richmond (LA)..............................              X
Ms. DelBene (WA)...............................
Mr. Garcia (FL)................................              X
Mr. Jeffries (NY)..............................              X
                                                ------------------------
    Total......................................     10      24
------------------------------------------------------------------------

    2) A Manager's amendment offered by Mr. Goodlatte to 
strengthen the enforcement of immigration laws by amending 
various provisions in the bill. Passed 21-16.

                             ROLLCALL NO. 2
------------------------------------------------------------------------
                                                  Ayes    Nays   Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman...................      X
Mr. Sensenbrenner, Jr. (WI)....................      X
Mr. Coble (NC).................................      X
Mr. Smith (TX).................................      X
Mr. Chabot (OH)................................      X
Mr. Bachus (AL)................................      X
Mr. Issa (CA)..................................
Mr. Forbes (VA)................................
Mr. King (IA)..................................      X
Mr. Franks (AZ)................................      X
Mr. Gohmert (TX)...............................      X
Mr. Jordan (OH)................................      X
Mr. Poe (TX)...................................      X
Mr. Chaffetz (UT)..............................      X
Mr. Marino (PA)................................      X
Mr. Gowdy (SC).................................      X
Mr. Amodei (NV)................................      X
Mr. Labrador (ID)..............................      X
Ms. Farenthold (TX)............................      X
Mr. Holding (NC)...............................      X
Mr. Collins (GA)...............................      X
Mr. DeSantis (FL)..............................      X
Mr. Smith (MO).................................      X
 
Mr. Conyers, Jr. (MI), Ranking Member..........              X
Mr. Nadler (NY)................................              X
Mr. Scott (VA).................................              X
Mr. Watt (NC)..................................
Ms. Lofgren (CA)...............................              X
Ms. Jackson Lee (TX)...........................              X
Mr. Cohen (TN).................................              X
Mr. Johnson (GA)...............................              X
Mr. Pierluisi (PR).............................              X
Ms. Chu (CA)...................................              X
Mr. Deutch (FL)................................              X
Mr. Gutierrez (IL).............................              X
Ms. Bass (CA)..................................              X
Mr. Richmond (LA)..............................              X
Ms. DelBene (WA)...............................              X
Mr. Garcia (FL)................................              X
Mr. Jeffries (NY)..............................              X
                                                ------------------------
    Total......................................     21      16
------------------------------------------------------------------------

    3) An amendment offered by Mr. Bachus to clarify that the 
bill does not modify DHS's existing authority not to pursue 
removal of an alien after a detainer is issued. Passed 17-7.

                             ROLLCALL NO. 3
------------------------------------------------------------------------
                                                  Ayes    Nays   Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman...................      X
Mr. Sensenbrenner, Jr. (WI)....................      X
Mr. Coble (NC).................................      X
Mr. Smith (TX).................................
Mr. Chabot (OH)................................      X
Mr. Bachus (AL)................................      X
Mr. Issa (CA)..................................      X
Mr. Forbes (VA)................................      X
Mr. King (IA)..................................      X
Mr. Franks (AZ)................................
Mr. Gohmert (TX)...............................
Mr. Jordan (OH)................................      X
Mr. Poe (TX)...................................
Mr. Chaffetz (UT)..............................      X
Mr. Marino (PA)................................      X
Mr. Gowdy (SC).................................      X
Mr. Amodei (NV)................................
Mr. Labrador (ID)..............................      X
Ms. Farenthold (TX)............................
Mr. Holding (NC)...............................      X
Mr. Collins (GA)...............................      X
Mr. DeSantis (FL)..............................      X
Mr. Smith (MO).................................      X
 
Mr. Conyers, Jr. (MI), Ranking Member..........              X
Mr. Nadler (NY)................................              X
Mr. Scott (VA).................................              X
Mr. Watt (NC)..................................
Ms. Lofgren (CA)...............................
Ms. Jackson Lee (TX)...........................
Mr. Cohen (TN).................................
Mr. Johnson (GA)...............................
Mr. Pierluisi (PR).............................              X
Ms. Chu (CA)...................................              X
Mr. Deutch (FL)................................              X
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................
Ms. DelBene (WA)...............................              X
Mr. Garcia (FL)................................
Mr. Jeffries (NY)..............................
                                                ------------------------
    Total......................................     17       7
------------------------------------------------------------------------

    4) An amendment offered by Mr. Conyers to strike Title I 
(allowing for immigration law enforcement by States and 
localities, among other things). Defeated 12-18.

                             ROLLCALL NO. 4
------------------------------------------------------------------------
                                                  Ayes    Nays   Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman...................              X
Mr. Sensenbrenner, Jr. (WI)....................              X
Mr. Coble (NC).................................              X
Mr. Smith (TX).................................
Mr. Chabot (OH)................................              X
Mr. Bachus (AL)................................              X
Mr. Issa (CA)..................................              X
Mr. Forbes (VA)................................              X
Mr. King (IA)..................................              X
Mr. Franks (AZ)................................
Mr. Gohmert (TX)...............................
Mr. Jordan (OH)................................              X
Mr. Poe (TX)...................................
Mr. Chaffetz (UT)..............................              X
Mr. Marino (PA)................................              X
Mr. Gowdy (SC).................................              X
Mr. Amodei (NV)................................              X
Mr. Labrador (ID)..............................              X
Ms. Farenthold (TX)............................
Mr. Holding (NC)...............................              X
Mr. Collins (GA)...............................              X
Mr. DeSantis (FL)..............................              X
Mr. Smith (MO).................................              X
 
Mr. Conyers, Jr. (MI), Ranking Member..........      X
Mr. Nadler (NY)................................      X
Mr. Scott (VA).................................      X
Mr. Watt (NC)..................................
Ms. Lofgren (CA)...............................      X
Ms. Jackson Lee (TX)...........................      X
Mr. Cohen (TN).................................
Mr. Johnson (GA)...............................      X
Mr. Pierluisi (PR).............................      X
Ms. Chu (CA)...................................      X
Mr. Deutch (FL)................................      X
Mr. Gutierrez (IL).............................      X
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................
Ms. DelBene (WA)...............................      X
Mr. Garcia (FL)................................      X
Mr. Jeffries (NY)..............................
                                                ------------------------
    Total......................................     12      18
------------------------------------------------------------------------

    5) An amendment offered by Mr. King to prohibit the 
implementation of certain DHS memos regarding DHS's 
prosecutorial discretion/administrative legalization policies 
including Deferred Action for Childhood Arrivals. Passed 19-17.

                             ROLLCALL NO. 5
------------------------------------------------------------------------
                                                  Ayes    Nays   Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman...................      X
Mr. Sensenbrenner, Jr. (WI)....................      X
Mr. Coble (NC).................................      X
Mr. Smith (TX).................................      X
Mr. Chabot (OH)................................      X
Mr. Bachus (AL)................................              X
Mr. Issa (CA)..................................      X
Mr. Forbes (VA)................................      X
Mr. King (IA)..................................      X
Mr. Franks (AZ)................................      X
Mr. Gohmert (TX)...............................      X
Mr. Jordan (OH)................................      X
Mr. Poe (TX)...................................
Mr. Chaffetz (UT)..............................      X
Mr. Marino (PA)................................
Mr. Gowdy (SC).................................      X
Mr. Amodei (NV)................................      X
Mr. Labrador (ID)..............................      X
Ms. Farenthold (TX)............................      X
Mr. Holding (NC)...............................
Mr. Collins (GA)...............................      X
Mr. DeSantis (FL)..............................      X
Mr. Smith (MO).................................      X
 
Mr. Conyers, Jr. (MI), Ranking Member..........              X
Mr. Nadler (NY)................................              X
Mr. Scott (VA).................................              X
Mr. Watt (NC)..................................
Ms. Lofgren (CA)...............................              X
Ms. Jackson Lee (TX)...........................              X
Mr. Cohen (TN).................................              X
Mr. Johnson (GA)...............................              X
Mr. Pierluisi (PR).............................              X
Ms. Chu (CA)...................................              X
Mr. Deutch (FL)................................              X
Mr. Gutierrez (IL).............................              X
Ms. Bass (CA)..................................              X
Mr. Richmond (LA)..............................              X
Ms. DelBene (WA)...............................              X
Mr. Garcia (FL)................................              X
Mr. Jeffries (NY)..............................              X
                                                ------------------------
    Total......................................     19      17
------------------------------------------------------------------------

    6) An amendment offered by Ms. Lofgren to strike section 
102 of the bill (allowing State and localities to enforce 
Federal, State and local immigration laws). Defeated 13-21.

                             ROLLCALL NO. 6
------------------------------------------------------------------------
                                                  Ayes    Nays   Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman...................              X
Mr. Sensenbrenner, Jr. (WI)....................              X
Mr. Coble (NC).................................              X
Mr. Smith (TX).................................
Mr. Chabot (OH)................................              X
Mr. Bachus (AL)................................              X
Mr. Issa (CA)..................................              X
Mr. Forbes (VA)................................              X
Mr. King (IA)..................................              X
Mr. Franks (AZ)................................              X
Mr. Gohmert (TX)...............................
Mr. Jordan (OH)................................              X
Mr. Poe (TX)...................................              X
Mr. Chaffetz (UT)..............................              X
Mr. Marino (PA)................................              X
Mr. Gowdy (SC).................................              X
Mr. Amodei (NV)................................              X
Mr. Labrador (ID)..............................              X
Ms. Farenthold (TX)............................              X
Mr. Holding (NC)...............................              X
Mr. Collins (GA)...............................              X
Mr. DeSantis (FL)..............................              X
Mr. Smith (MO).................................              X
 
Mr. Conyers, Jr. (MI), Ranking Member..........      X
Mr. Nadler (NY)................................      X
Mr. Scott (VA).................................      X
Mr. Watt (NC)..................................
Ms. Lofgren (CA)...............................      X
Ms. Jackson Lee (TX)...........................      X
Mr. Cohen (TN).................................
Mr. Johnson (GA)...............................      X
Mr. Pierluisi (PR).............................      X
Ms. Chu (CA)...................................      X
Mr. Deutch (FL)................................      X
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................      X
Mr. Richmond (LA)..............................
Ms. DelBene (WA)...............................      X
Mr. Garcia (FL)................................      X
Mr. Jeffries (NY)..............................      X
                                                ------------------------
    Total......................................     13      21
------------------------------------------------------------------------

    7) An amendment offered by Ms. Chu to eliminate the 287(g) 
program and bar racial profiling. Defeated 16-20.

                             ROLLCALL NO. 7
------------------------------------------------------------------------
                                                  Ayes    Nays   Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman...................              X
Mr. Sensenbrenner, Jr. (WI)....................              X
Mr. Coble (NC).................................
Mr. Smith (TX).................................              X
Mr. Chabot (OH)................................              X
Mr. Bachus (AL)................................              X
Mr. Issa (CA)..................................
Mr. Forbes (VA)................................              X
Mr. King (IA)..................................              X
Mr. Franks (AZ)................................
Mr. Gohmert (TX)...............................              X
Mr. Jordan (OH)................................              X
Mr. Poe (TX)...................................              X
Mr. Chaffetz (UT)..............................              X
Mr. Marino (PA)................................              X
Mr. Gowdy (SC).................................              X
Mr. Amodei (NV)................................              X
Mr. Labrador (ID)..............................              X
Ms. Farenthold (TX)............................              X
Mr. Holding (NC)...............................              X
Mr. Collins (GA)...............................              X
Mr. DeSantis (FL)..............................              X
Mr. Smith (MO).................................              X
 
Mr. Conyers, Jr. (MI), Ranking Member..........      X
Mr. Nadler (NY)................................      X
Mr. Scott (VA).................................      X
Mr. Watt (NC)..................................      X
Ms. Lofgren (CA)...............................      X
Ms. Jackson Lee (TX)...........................
Mr. Cohen (TN).................................      X
Mr. Johnson (GA)...............................      X
Mr. Pierluisi (PR).............................      X
Ms. Chu (CA)...................................      X
Mr. Deutch (FL)................................      X
Mr. Gutierrez (IL).............................      X
Ms. Bass (CA)..................................      X
Mr. Richmond (LA)..............................      X
Ms. DelBene (WA)...............................      X
Mr. Garcia (FL)................................      X
Mr. Jeffries (NY)..............................      X
                                                ------------------------
    Total......................................     16      20
------------------------------------------------------------------------

    8) An amendment offered by Mr. Watt to bar racial profiling 
in the 287(g) program. Defeated 16-19.

                             ROLLCALL NO. 8
------------------------------------------------------------------------
                                                  Ayes    Nays   Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman...................              X
Mr. Sensenbrenner, Jr. (WI)....................              X
Mr. Coble (NC).................................
Mr. Smith (TX).................................              X
Mr. Chabot (OH)................................              X
Mr. Bachus (AL)................................              X
Mr. Issa (CA)..................................
Mr. Forbes (VA)................................              X
Mr. King (IA)..................................              X
Mr. Franks (AZ)................................
Mr. Gohmert (TX)...............................              X
Mr. Jordan (OH)................................              X
Mr. Poe (TX)...................................              X
Mr. Chaffetz (UT)..............................              X
Mr. Marino (PA)................................              X
Mr. Gowdy (SC).................................              X
Mr. Amodei (NV)................................              X
Mr. Labrador (ID)..............................              X
Ms. Farenthold (TX)............................
Mr. Holding (NC)...............................              X
Mr. Collins (GA)...............................              X
Mr. DeSantis (FL)..............................              X
Mr. Smith (MO).................................              X
 
Mr. Conyers, Jr. (MI), Ranking Member..........      X
Mr. Nadler (NY)................................      X
Mr. Scott (VA).................................      X
Mr. Watt (NC)..................................      X
Ms. Lofgren (CA)...............................      X
Ms. Jackson Lee (TX)...........................
Mr. Cohen (TN).................................      X
Mr. Johnson (GA)...............................      X
Mr. Pierluisi (PR).............................      X
Ms. Chu (CA)...................................      X
Mr. Deutch (FL)................................      X
Mr. Gutierrez (IL).............................      X
Ms. Bass (CA)..................................      X
Mr. Richmond (LA)..............................      X
Ms. DelBene (WA)...............................      X
Mr. Garcia (FL)................................      X
Mr. Jeffries (NY)..............................      X
                                                ------------------------
    Total......................................     16      19
------------------------------------------------------------------------

    9) An amendment offered by Ms. Jackson Lee to strike 
section 307 (amending the aggravated felony definition). 
Defeated 16-20.

                             ROLLCALL NO. 9
------------------------------------------------------------------------
                                                  Ayes    Nays   Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman...................              X
Mr. Sensenbrenner, Jr. (WI)....................              X
Mr. Coble (NC).................................
Mr. Smith (TX).................................              X
Mr. Chabot (OH)................................              X
Mr. Bachus (AL)................................              X
Mr. Issa (CA)..................................
Mr. Forbes (VA)................................              X
Mr. King (IA)..................................              X
Mr. Franks (AZ)................................              X
Mr. Gohmert (TX)...............................              X
Mr. Jordan (OH)................................              X
Mr. Poe (TX)...................................              X
Mr. Chaffetz (UT)..............................              X
Mr. Marino (PA)................................              X
Mr. Gowdy (SC).................................              X
Mr. Amodei (NV)................................              X
Mr. Labrador (ID)..............................              X
Ms. Farenthold (TX)............................
Mr. Holding (NC)...............................              X
Mr. Collins (GA)...............................              X
Mr. DeSantis (FL)..............................              X
Mr. Smith (MO).................................              X
 
Mr. Conyers, Jr. (MI), Ranking Member..........      X
Mr. Nadler (NY)................................      X
Mr. Scott (VA).................................      X
Mr. Watt (NC)..................................
Ms. Lofgren (CA)...............................      X
Ms. Jackson Lee (TX)...........................      X
Mr. Cohen (TN).................................      X
Mr. Johnson (GA)...............................      X
Mr. Pierluisi (PR).............................      X
Ms. Chu (CA)...................................      X
Mr. Deutch (FL)................................      X
Mr. Gutierrez (IL).............................      X
Ms. Bass (CA)..................................      X
Mr. Richmond (LA)..............................      X
Ms. DelBene (WA)...............................      X
Mr. Garcia (FL)................................      X
Mr. Jeffries (NY)..............................      X
                                                ------------------------
    Total......................................     16      20
------------------------------------------------------------------------

    10) An amendment offered by Mr. Richmond to eliminate 
penalties for aliens smuggling not committed for profit. 
Defeated 16-20.

                             ROLLCALL NO. 10
------------------------------------------------------------------------
                                                  Ayes    Nays   Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman...................              X
Mr. Sensenbrenner, Jr. (WI)....................              X
Mr. Coble (NC).................................
Mr. Smith (TX).................................              X
Mr. Chabot (OH)................................              X
Mr. Bachus (AL)................................              X
Mr. Issa (CA)..................................
Mr. Forbes (VA)................................              X
Mr. King (IA)..................................              X
Mr. Franks (AZ)................................              X
Mr. Gohmert (TX)...............................              X
Mr. Jordan (OH)................................              X
Mr. Poe (TX)...................................              X
Mr. Chaffetz (UT)..............................              X
Mr. Marino (PA)................................              X
Mr. Gowdy (SC).................................              X
Mr. Amodei (NV)................................              X
Mr. Labrador (ID)..............................              X
Ms. Farenthold (TX)............................
Mr. Holding (NC)...............................              X
Mr. Collins (GA)...............................              X
Mr. DeSantis (FL)..............................              X
Mr. Smith (MO).................................              X
 
Mr. Conyers, Jr. (MI), Ranking Member..........      X
Mr. Nadler (NY)................................      X
Mr. Scott (VA).................................      X
Mr. Watt (NC)..................................
Ms. Lofgren (CA)...............................      X
Ms. Jackson Lee (TX)...........................      X
Mr. Cohen (TN).................................      X
Mr. Johnson (GA)...............................      X
Mr. Pierluisi (PR).............................      X
Ms. Chu (CA)...................................      X
Mr. Deutch (FL)................................      X
Mr. Gutierrez (IL).............................      X
Ms. Bass (CA)..................................      X
Mr. Richmond (LA)..............................      X
Ms. DelBene (WA)...............................      X
Mr. Garcia (FL)................................      X
Mr. Jeffries (NY)..............................      X
                                                ------------------------
    Total......................................     16      20
------------------------------------------------------------------------

    11) An amendment offered by Ms. Jackson Lee to strike 
section 601 (amending the voluntary return statute). Defeated 
15-19.

                             ROLLCALL NO. 11
------------------------------------------------------------------------
                                                  Ayes    Nays   Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman...................              X
Mr. Sensenbrenner, Jr. (WI)....................              X
Mr. Coble (NC).................................
Mr. Smith (TX).................................              X
Mr. Chabot (OH)................................              X
Mr. Bachus (AL)................................              X
Mr. Issa (CA)..................................
Mr. Forbes (VA)................................              X
Mr. King (IA)..................................              X
Mr. Franks (AZ)................................              X
Mr. Gohmert (TX)...............................              X
Mr. Jordan (OH)................................              X
Mr. Poe (TX)...................................
Mr. Chaffetz (UT)..............................              X
Mr. Marino (PA)................................              X
Mr. Gowdy (SC).................................              X
Mr. Amodei (NV)................................              X
Mr. Labrador (ID)..............................              X
Ms. Farenthold (TX)............................
Mr. Holding (NC)...............................              X
Mr. Collins (GA)...............................              X
Mr. DeSantis (FL)..............................              X
Mr. Smith (MO).................................              X
 
Mr. Conyers, Jr. (MI), Ranking Member..........      X
Mr. Nadler (NY)................................      X
Mr. Scott (VA).................................      X
Mr. Watt (NC)..................................
Ms. Lofgren (CA)...............................      X
Ms. Jackson Lee (TX)...........................      X
Mr. Cohen (TN).................................      X
Mr. Johnson (GA)...............................      X
Mr. Pierluisi (PR).............................      X
Ms. Chu (CA)...................................      X
Mr. Deutch (FL)................................      X
Mr. Gutierrez (IL).............................      X
Ms. Bass (CA)..................................      X
Mr. Richmond (LA)..............................
Ms. DelBene (WA)...............................      X
Mr. Garcia (FL)................................      X
Mr. Jeffries (NY)..............................      X
                                                ------------------------
    Total......................................     15      19
------------------------------------------------------------------------

    12) A vote on final passage of H.R. 2278. Reported 
favorably out of Committee 20-15.

                             ROLLCALL NO. 12
------------------------------------------------------------------------
                                                  Ayes    Nays   Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman...................      X
Mr. Sensenbrenner, Jr. (WI)....................      X
Mr. Coble (NC).................................
Mr. Smith (TX).................................      X
Mr. Chabot (OH)................................      X
Mr. Bachus (AL)................................      X
Mr. Issa (CA)..................................
Mr. Forbes (VA)................................      X
Mr. King (IA)..................................      X
Mr. Franks (AZ)................................      X
Mr. Gohmert (TX)...............................
Mr. Jordan (OH)................................      X
Mr. Poe (TX)...................................      X
Mr. Chaffetz (UT)..............................      X
Mr. Marino (PA)................................      X
Mr. Gowdy (SC).................................      X
Mr. Amodei (NV)................................      X
Mr. Labrador (ID)..............................      X
Ms. Farenthold (TX)............................      X
Mr. Holding (NC)...............................      X
Mr. Collins (GA)...............................      X
Mr. DeSantis (FL)..............................      X
Mr. Smith (MO).................................      X
 
Mr. Conyers, Jr. (MI), Ranking Member..........              X
Mr. Nadler (NY)................................              X
Mr. Scott (VA).................................              X
Mr. Watt (NC)..................................
Ms. Lofgren (CA)...............................              X
Ms. Jackson Lee (TX)...........................              X
Mr. Cohen (TN).................................              X
Mr. Johnson (GA)...............................              X
Mr. Pierluisi (PR).............................              X
Ms. Chu (CA)...................................              X
Mr. Deutch (FL)................................              X
Mr. Gutierrez (IL).............................              X
Ms. Bass (CA)..................................              X
Mr. Richmond (LA)..............................
Ms. DelBene (WA)...............................              X
Mr. Garcia (FL)................................              X
Mr. Jeffries (NY)..............................              X
                                                ------------------------
    Total......................................     20      15
------------------------------------------------------------------------

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 2278, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:
                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, December 5, 2013.
Hon. Bob Goodlatte, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2278, the 
Strengthen and Fortify Enforcement Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz, who can be reached at 226-2860.
            Sincerely,
                                      Douglas W. Elmendorf,
                                                  Director.

Enclosure

cc:
        Honorable John Conyers, Jr.
        Ranking Member




           H.R. 2278--Strengthen and Fortify Enforcement Act.

      As ordered reported by the House Committee on the Judiciary 
                           on June 18, 2013.




                                SUMMARY

    H.R. 2278 would authorize the appropriation of funds for: 
additional personnel and equipment for the Department of 
Homeland Security (DHS); grants to state and local governments 
to cover costs relating to inadmissible aliens; certain 
activities of the Department of State; and other programs to 
improve enforcement of U.S. immigration laws. The bill also 
would increase penalties and fines for certain violations of 
immigration law.
    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing H.R. 2278 would cost $22.9 billion 
over the 2014-2018 period. CBO estimates that enacting the bill 
would increase direct spending by $8 million and increase 
revenues by $17 million over the 2014-2023 period, thereby 
decreasing the deficit through those changes by $9 million. 
Because the legislation would affect direct spending and 
revenues, pay-as-you-go procedures apply.
    H.R. 2278 would impose intergovernmental and private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
on educational institutions by requiring background checks and 
training under some circumstances. In addition, the bill would 
impose intergovernmental mandates on state and local 
governments by requiring information sharing. The bill would 
impose other mandates on entities in the private sector that 
include flight schools, educational accrediting associations, 
foreign students, and other individuals. CBO estimates that the 
aggregate costs of the mandates would fall below the annual 
thresholds for intergovernmental and private-sector mandates 
established in UMRA ($75 million and $150 million in 2013, 
respectively, adjusted annually for inflation).

                ESTIMATED COST TO THE FEDERAL GOVERNMENT

    The estimated budgetary impact of H.R. 2278 is shown in the 
following table. The costs of this legislation fall within 
budget functions 150 (international affairs) and 750 
(administration of justice).


                           BASIS OF ESTIMATE

    For this estimate, CBO assumes that the bill will be 
enacted near the end of 2013, that the necessary amounts will 
be provided each year, and that spending will follow historical 
spending patterns for activities related to the enforcement of 
immigration laws.
Spending Subject to Appropriation
    Additional DHS Personnel, Equipment, and Compensation. H.R. 
2278 would direct Immigration and Customs Enforcement (ICE) in 
DHS to hire the following additional personnel:

         L5,000 deportation officers;

         L700 support staff; and

         L60 trial attorneys in the Office of the 
        Principal Legal Advisor.

    The legislation would require ICE to provide handguns, 
rifles, and tasers for its deportation officers and immigration 
enforcement agents. The bill also would increase salaries and 
benefits for immigration enforcement agents to match those paid 
to deportation officers. Based on information from DHS about 
the costs of equipment and additional personnel, including 
salaries, benefits, training, and support activities, CBO 
estimates that implementing those provisions would cost about 
$5.4 billion (primarily for salaries) over the 2014-2018 
period.

    Grants to State and Local Governments. CBO estimates that 
the grants to state and local governments authorized by H.R. 
2278 would require additional appropriations of about $3.6 
billion for the remainder of fiscal year 2014 and about $4.2 
billion annually thereafter. We estimate that spending of those 
appropriations would sum to $14.4 billion over the 2014-2018 
period.

    State Criminal Alien Assistance Program (SCAAP) Grants. 
H.R. 2278 would authorize the appropriation of the necessary 
amounts for fiscal year 2014 and subsequent years for the SCAAP 
program, which makes grants to state and local governments to 
cover the portion of salaries of state and local correctional 
officers related to the incarceration of undocumented aliens 
convicted of certain crimes. The legislation also would 
transfer the program from the Department of Justice (DOJ) to 
DHS and would expand it to cover costs of detaining aliens 
charged with certain crimes.
    In recent years, the amounts appropriated for SCAAP have 
fallen far short of the amounts requested by states. In fiscal 
year 2013, $250 million was appropriated for SCAAP although DOJ 
anticipates that state and local governments will request about 
$1.4 billion for costs incurred that year. Based on that 
expected request, CBO estimates that appropriations of $1.2 
billion would be needed for the remainder of fiscal year 2014 
and around $1.6 billion annually thereafter would be required 
to extend and expand the program as provided by H.R. 2278.
    Grants for Incarceration and Transportation Costs. The bill 
would permit states and localities to seek reimbursement from 
DHS for any costs relating to the incarceration and 
transportation of inadmissible or deportable aliens. The SCAAP 
program currently covers only the costs of state and local 
correctional officers, and we estimate that DHS would need 
additional appropriations of $1.9 billion for the remainder of 
fiscal year 2014 and $2.5 billion annually thereafter to 
reimburse state and local governments for all incarceration and 
transportation expenses. This estimate is based on a 2004 DOJ 
study on the costs of operating state detention facilities 
(including personnel, food, supplies, health care, and 
utilities) that indicates that expenses for correctional 
officers represent roughly 40 percent of total detention costs.
    Grants for Equipment, Technology, Facilities, and Other 
Costs. In addition, H.R. 2278 would authorize DHS to make 
grants to certain state and local governments to procure 
equipment, technology, facilities, and other items related to 
investigating, arresting, detaining, and transporting 
inadmissible or deportable aliens. Based on the costs of 
similar programs that award grants for multiple purposes to 
jurisdictions across the country (such as DOJ's Byrne program), 
we estimate that DHS would require funding of $500 million in 
2014 and $100 million annually thereafter to make grants to 
hundreds of state and local entities that would be eligible for 
such assistance under the bill's provisions. This estimate 
assumes that most procurement costs would be initiated in 2014.

    Department of State. H.R. 2278 would amend current law 
authorizing the Department of State to collect and retain 
surcharges on passports and immigrant visas to cover the costs 
of certain border security functions. Under the bill, the 
department would no longer have the authority to collect or 
retain surcharges on passports, and the surcharge on immigrant 
visas would instead be retained by ICE and spent on the Visa 
Security Program.
    Based on information from the Department of State, CBO 
estimates that the department would be unable to raise other 
consular fees to compensate for the lost collections under the 
bill and the department would require additional appropriations 
of $432 million in 2014. After adjusting for anticipated 
inflation, CBO estimates that the department would spend about 
$2.9 billion over the 2014-2018 period on border security 
functions that are currently offset by fee collections, 
assuming appropriation of the necessary amounts.

    Expand Visa Security Program. H.R. 2278 would specifically 
authorize the appropriation of $60 million for each of fiscal 
years 2014 and 2015 for DHS to review visa applications at 
designated overseas locations. We estimate that implementing 
this provision would cost $120 million over the 2014-2016 
period.

    Other Programs. H.R. 2278 would direct DHS to carry out 
several other activities, including a pilot program to test 
electronic processing of deportation documents and an effort to 
increase states' access to Federal program information to 
identify inadmissible aliens. Based on the cost of similar 
activities, CBO estimates that it would cost about $5 million 
over the 2014-2015 period to carry out those provisions.
Direct Spending
    H.R. 2278 would establish new criminal penalties for being 
unlawfully present in the United States. Any collections of 
criminal fines under this provision (which are recorded in the 
budget as revenues and discussed below) would later be spent 
from the Crime Victims Fund by DOJ. CBO estimates that spending 
from the fund would increase by $9 million over the 2014-2023 
period (about $1 million each year).
Revenues
    CBO estimates that enacting H.R. 2278 would increase 
collections of criminal and civil fines by $17 million over the 
2014-2023 period. About half of the additional revenue would 
result from changes made to the process for imposing civil 
penalties for violations of voluntary departure orders. The 
remainder would result from new criminal penalties imposed on 
individuals who knowingly are unlawfully present in the United 
States. Collections of criminal fines are recorded in the 
budget as revenues, deposited in the Crime Victims Fund, and 
subsequently spent without further appropriation (discussed 
above under Direct Spending).

                      PAY-AS-YOU-GO CONSIDERATIONS

    The Statutory Pay-As-You-Go Act of 2010 establishes budget-
reporting and enforcement procedures for legislation affecting 
direct spending or revenues. The net changes in outlays and 
revenues that are subject to those pay-as-you-go procedures are 
shown in the following table.


              INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT

    H.R. 2278 would impose intergovernmental and private-sector 
mandates as defined in UMRA. CBO estimates that the aggregate 
costs of the mandates would fall below the annual thresholds 
for intergovernmental and private-sector mandates established 
in UMRA ($75 million and $150 million in 2013, respectively, 
adjusted annually for inflation).
Mandates that Apply to Both Public and Private Entities
    The bill would require educational institutions that 
participate in the Student and Exchange Visitor Program (SEVP) 
to conduct background checks and training for individuals 
serving as designated school officials and others who have been 
granted access to the Student and Exchange Visitor Information 
System (SEVIS). Information from the Department of Homeland 
Security indicates that approximately 35,000 individuals would 
be required to complete background checks in the first year of 
implementation at a cost of $100 to $250 per background check. 
Based on that information, CBO estimates that the cost for both 
public and private entities to comply with this mandate would 
total between $3.5 million and $8.8 million in the first year. 
The cost in the following years would depend on the turnover of 
designated school officials. Based on information from DHS, CBO 
estimates that the cost for the online SEVP training would be 
small.
    In addition, educational institutions would be required to 
report any changes to specific information about those foreign 
students to SEVIS within 10 days and to have at least one 
designated school official for every 200 students who have 
nonimmigrant status. Currently, institutions have 21 days to 
report any such change or modification and most schools meet 
the requirement for the number of school officials. CBO 
estimates that the cost to comply with those mandates would be 
minimal.
Mandates that Apply to Public Entities Only
    The bill would require state and local governments to 
provide DHS information about apprehended individuals whom law 
enforcement officials believe are inadmissible or deportable. 
Governments would have to provide DHS the individual's name and 
address, a physical description, details of apprehension, 
identification documents and vehicle information (if 
applicable), and a photo and fingerprints (if readily 
available). Based on information from public entities, CBO 
expects that the number of individuals about whom information 
would need to be sent would be small. We also expect that 
states would collect the required information during the normal 
apprehension process and that the cost to transmit the data 
would be minimal. The bill would require DHS to reimburse state 
and local governments for the cost of providing the 
information.
Mandates that Apply to Private Entities Only
    Flight Schools. The bill would require flight schools in 
the United States to be certified by the Federal Aviation 
Administration (FAA) in order to participate in the SEVP 
program and enroll foreign students. Foreign students 
interested in studying in the United States must first be 
admitted to a school or university before applying for a visa 
at a U.S. embassy or consulate overseas. According to 
information from the FAA and DHS, most flight schools 
interested in participating in SEVP either already have an FAA 
certification or are in the process of obtaining one. 
Therefore, CBO expects that the cost to comply with this 
mandate would be minimal.

    Educational Accrediting Associations. In addition, the bill 
would require an agency or association that accredits certain 
higher-education institutions to notify DHS if an educational 
institution is denied accreditation or if accreditation is 
suspended, withdrawn, or terminated. CBO estimates that the 
cost to comply with this notification requirement would be 
small.

    Individuals. The bill would impose additional mandates on 
foreign students and other individuals in the private sector, 
including the following:

         LCertain students with F-visas who are 
        currently in the United States would be required to 
        attend accredited institutions;

         LForeign-born individuals in the United States 
        would be prohibited from seeking judicial review if 
        their visa is revoked, which would eliminate an 
        existing right of action;

         LIndividuals in the United States who have 
        been convicted of certain sex offenses would be 
        prohibited from petitioning for relatives to be granted 
        a U.S. visa.

    On the basis of information from DHS, the Department of 
State, and representatives of an education association about 
the limited costs of complying with each of those mandates, CBO 
expects that the total cost of compliance would be small.
Other Impacts
    Assuming appropriation of the authorized and estimated 
amounts, state and local governments would receive about $35 
billion over the 2014-2023 period for costs related to 
investigating, detaining, transporting, and incarcerating 
inadmissible or deportable aliens.

                         ESTIMATE PREPARED BY:

Federal Costs: Mark Grabowicz (DHS)
Sunita D'Monte (Department of State)
Mark Booth (Revenues)
Impact on State, Local, and Tribal Governments: Melissa Merrell
Impact on the Private Sector: Paige Piper/Bach

                         ESTIMATE APPROVED BY:

Theresa Gullo
Deputy Assistant Director for Budget Analysis

                    Duplication of Federal Programs

    No provision of H.R. 2278 establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 2278 specifically directs 
to be completed one specific rule making within the meaning of 
5 U.S.C. 551.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
2278 improves and ensures enforcement of U.S. immigration law 
enforcement within the interior of the United States.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 2278 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.

                      Section-by-Section Analysis

    The following discussion describes the bill as reported by 
the Committee.
    Sec. 1. Short title. Section 1 sets forth the short title 
of the bill as the ``Strengthen and Fortify Enforcement Act'' 
or the ``SAFE Act.''
    Sec. 2. Table of Contents. This section sets forth the 
table of contents of the bill.
Title 1. Immigration Law Enforcement by States and Localities
    Sec. 101. Definitions and Severability. Provides 
definitions and severability should any portion of this Act be 
held unconstitutional.
    Sec. 102. Immigration Law Enforcement by States and 
Localities. This section grants States and localities specific 
Congressional authorization to enact and enforce their own 
immigration laws as long as they are consistent with Federal 
law. This section grants States and localities specific 
Congressional authorization to assist in the enforcement of 
Federal immigration law.
    Sec. 103. Listing of Immigration Violators in the National 
Crime Information Center database. This section mandates 
inclusion of immigration status information in the NCIC 
database.
    Sec. 104. Technology Access. This section ensures that 
States have access to Federal programs or technology directed 
broadly at identifying inadmissible and deportable aliens.
    Sec. 105. State and Local Law Enforcement Provision of 
Information about Apprehended Aliens. This section mandates 
that States and localities provide DHS in a timely manner with 
information on each alien they apprehend who is believed to be 
in violation of the immigration laws of the United States. The 
section mandates an annual report by DHS on the information it 
received from States and includes a provision for reimbursement 
for reasonable costs States incur with respect to providing 
such information.
    Sec. 106. Financial Assistance to State and Local Police 
Agencies that Assist in the Enforcement of Immigration Laws. 
This section provides grants to States and local police 
agencies for procurement of equipment, technology, facilities, 
and other products that facilitate and are directly related to 
investigating, apprehending, arresting, detaining, or 
transporting aliens who have violated the immigration law of 
the United States. Within 3 years, GAO shall conduct audits of 
funds distributed to States and localities.
    Sec. 107. Increased Federal Detention Space. This section 
mandates the Federal Government to construct or acquire, in 
addition to existing detention facilities for aliens, new 
detention facilities for aliens detained pending removal or a 
decision regarding such removal.
    Sec. 108. Federal Custody of Inadmissible and Deportable 
Aliens in the United States Apprehended by State or Local Law 
Enforcement. Under this section, if a State or a locality 
requests the Secretary of Homeland Security to take an alien 
into Federal custody, the Secretary must take the alien in 
custody not later than 48 hours after the detainer has been 
issued following the conclusion of the State or locality 
charging process or dismissal process, or if no state or 
locality charging or dismissal process is required, the 
Secretary must issue a detainer and take the alien into custody 
not later than 48 hours after the alien is apprehended, to 
determine whether the alien should be detained, placed into 
removal proceedings, released, or removed (and also 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 and provide reimbursement 
accordingly).
    Sec. 109. Training of State and Local Law Enforcement 
Personnel Relating to the Enforcement of Immigration Laws. This 
section requires DHS to create training manuals and guides for 
the training of State and local officials in immigration laws 
and procedures. DHS would be responsible for any costs 
incurred.
    Sec. 110. Immunity. This section provides that a law 
enforcement officer of a State or local law enforcement agency 
that 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 
their assistance in the enforcement of the immigration laws.
    Sec. 111. Criminal Alien Identification Program. This 
section mandates DHS to continue to operate and implement a 
program which: 1) identifies removable criminal aliens in 
Federal and State correctional facilities; 2) ensures such 
aliens are not released into the community; and 3) removes such 
aliens from the United States after the completion of their 
sentences. Additionally, this program is extended to all States 
and requires participation by States that accept Federal funds 
for the incarceration of aliens.
    Section 111(b) allows detainers to be issued by State and 
local law enforcement after a convicted criminal alien has 
served their sentence. This provision simply allows State and 
local law enforcement to issue post-sentence detainers for 
criminal aliens and allows State and local law enforcement to 
hold criminal aliens for a limited amount of time (14 days) 
until they can be transferred to Federal law enforcement.
    Sec. 112. Clarification of Congressional Intent. This 
section amends section 287(g) of the Immigration and 
Nationality Act (which allows DHS to enter into cooperative 
agreements with States and localities to assist in the 
enforcement of the immigration laws). It requires DHS to accept 
a request from a State or locality to enter into a 287(g) 
agreement absent a compelling reason not to. No limit on the 
number of agreements under this subsection can be imposed. The 
Secretary shall process requests for such agreements with all 
due haste, and in no case shall take more than 90 days from the 
date the request is made until the agreement is consummated. 
Any such agreement under this section shall accommodate a 
requesting State or political subdivision with respect to the 
enforcement model of their choosing. This section clarifies 
that no Federal program or technology directed broadly at 
identifying unlawful and criminal aliens in jail substitutes 
for such agreements, including those establishing a jail model, 
and shall operate in addition to any agreement under this 
section.
    No agreement can be terminated absent a compelling reason 
to do so. DHS 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 and the 
State or locality shall have the right to a hearing before an 
administrative law judge. The agreement shall remain in full 
effect during the course of any and all legal proceedings. 
States may seek judicial relief if DHS terminates an agreement.
    Sec. 113. State Criminal Alien Assistance Program (SCAAP). 
This section provides reimbursements to states that house in 
their jails unlawful aliens who are charged with or convicted 
of criminal offenses. Additionally, this program moves the 
SCAAP program to DHS as that is the agency charged with 
identifying, detaining, and removing unlawful and criminal 
aliens.
    Sec. 114. State Violations of the Enforcement of 
Immigration Laws. This section bars sanctuary cities, States 
and localities from receiving SCAAP, law enforcement, and DHS 
grants.
    Sec. 115. Clarifying the Authority of ICE Detainers. This 
section clarifies that States and localities must honor Federal 
detainers. ICE detainers (requests to local law enforcement 
agencies to detain named individuals for up to 48 hours after 
they would otherwise be released in order to provide ICE an 
opportunity to assume custody) have sometimes been interpreted 
to not be binding on local authorities who receive the 
detainers.
Title II. National Security
    Sec. 201. Removal of, and Denial of Benefits to, Terrorist 
Aliens. This section expands the class of aliens ineligible for 
certain forms of relief (cancellation of removal, voluntary 
departure) if they are aliens described in the INA's security-
related and/or terrorist grounds of removal. This section 
extends the grounds that trigger a statutory bar to asylum and 
withholding of removal based on terrorist activities. The 
section also provides that a person convicted of an aggravated 
felony is ineligible for voluntary departure.
    As the Committee has previously found:

          Withholding of removal is a form of protection that, 
        while similar to asylum, differs in two important 
        respects: (1) it is nondiscretionary; and (2) to 
        receive this benefit, the alien must meet a higher 
        standard of proof than asylum. Although aliens who pose 
        a danger to the national security generally are barred 
        from withholding of removal, aliens deportable on 
        terrorist grounds are not expressly barred from such 
        relief. This section bars aliens deportable on 
        terrorist grounds from receiving withholding of 
        removal.
          As the 9/11 Commission's staff report on terrorist 
        travel makes clear, terrorist aliens have abused our 
        humanitarian benefits to remain in the United 
        States.\261\ First World Trade Center bomber Ramzi 
        Yousef, the Blind Sheikh, and Mir Kansi, who killed two 
        in front of the headquarters of the CIA, all made 
        claims to asylum to remain in the United States. 
        Congress has barred terrorist aliens from receiving 
        asylum, but the bars to terrorist aliens receiving 
        withholding of removal, are less clear. Under the INA, 
        aliens are currently only barred from withholding if 
        there are reasonable grounds to believe that they are a 
        danger to the security of the United States. While the 
        INA states that aliens, who are described in the 
        provision that renders aliens deportable who have 
        engaged in any terrorist activity, ``shall be 
        considered to be . . . alien[s] with respect to whom 
        there are reasonable grounds for regarding as a danger 
        to the security of the United States,'' aliens with 
        terrorist ties have made claims that they are not a 
        danger to the security of the U.S., and thus eligible 
        for withholding.\262\
---------------------------------------------------------------------------
    \261\See 9-11 and Terrorist Travel: Staff Report of the National 
Commission on Terrorist Attacks Upon the United States at 47, 99 
(2004).
    \262\H.R. Rep. No. 109-345, part I, at 67-68 (2005).

    Sec. 202. Terrorist Bar to Good Moral Character. Applicants 
for certain immigration benefits, including naturalization, 
voluntary departure, and cancellation of removal, must 
demonstrate ``good moral character,'' as defined in the 
Immigration and Nationality Act. At present, although the 
definition excludes (among others) ``habitual drunkards'' and 
gamblers, the definition does not expressly exclude aliens who 
are terrorists or aiders or supporters of terrorism. This 
section accordingly makes a number of changes to the good moral 
character provision to exclude any alien who has at the time 
been described in the terrorism and national security related 
grounds of removal. The bill also clarifies that the good moral 
character bar applies regardless of when a crime was classified 
as an aggravated felony; clarifies that a finding on good moral 
character is a discretionary finding and that an adverse 
finding can be applied even if an express statutory bar does 
not apply.
    Sec. 203. Terrorist Bar to Naturalization. This provision 
expressly bars the naturalization of terrorists and other 
aliens described in the national security grounds of removal, 
clarifies that a Federal district court nor the Secretary of 
Homeland Security may consider a naturalization application 
while any proceeding to determine inadmissibility, 
deportability, or eligibility for lawful permanent residence 
(i.e., revocation) is pending, clarifies that conditional 
lawful permanent residents must have the condition removed 
before applying for naturalization, establishes that review of 
denied applications for naturalization must reflect the 
required judicial deference to national security determinations 
of the Secretary and certain other determinations related to 
good moral character, and clarifies the availability of Federal 
district court review for pending naturalization applications.
    Sec. 204 Denaturalization for Terrorists. This provision 
authorizes the Secretary of Homeland Security to revoke the 
naturalization of terrorists.
    Sec. 205. Use of 1986 IRCA Legalization Information for 
National Security Purposes. This section amends the Immigration 
Reform and Control Act of 1986's IRCA's legalization provisions 
relating to the confidentiality of information provided by 
applicants for the Special Agricultural Worker SAW program, and 
applicants for adjustment of status. These provisions do not 
currently authorize the use of information provided in the 
legalization applications for terrorism or national security 
cases or investigations, even if relevant to such cases.
    Sec. 206 Background and Security Checks. This section 
ensures that all necessary background and security checks be 
completed before any benefit under the immigration laws is 
provided to any person, whether by DHS, the Executive Office 
for Immigration Review or judicially. The provision clarifies 
that courts may not order the grant of benefits to any person 
until the necessary checks have been completed. It also 
provides for the investigation of suspected fraud before any 
benefit is required to be granted.
    Sec. 207 Technical Amendments to the Intelligence Reform 
and Terrorism Prevention Act of 2004. Section 7209(d) of the 
Intelligence Reform and Terrorism Prevention Act of 2004 (P.L. 
108-454) assigns the Secretary of State responsibility for 
securing transit passage areas at ports of entry within the 
United States. This function more appropriately resides with 
the Secretary of Homeland Security, who is generally 
responsible for security at ports of entry within the United 
States. This section amends section 7209(d) to assign this 
function to the Secretary of Homeland Security. Additionally, 
the section provides that systems deployed pursuant to the plan 
to detect fraudulent documents must be compatible with those of 
both DHS and DOS.
Title III. Removal of Criminal Aliens
    Sec. 301. The Definition of Aggravated Felony. This section 
modifies the definition of the term ``aggravated felony'' to 
clarify that the term applies to offenses whether in violation 
of Federal or State law and to offenses in foreign countries if 
the term of imprisonment was completed within the last 15 
years.
    This section also adds manslaughter, certain harboring of 
aliens crimes, felony convictions for marriage fraud, and 
immigration-related entrepreneurship fraud, in addition to 
offenses for improper entry and reentry where the alien was 
sentenced to 1 year or more of incarceration, as aggravated 
felonies. Further, it includes the acts of soliciting, aiding, 
abetting, counseling, commanding, inducing, or procuring 
another to commit one of the crimes listed already in the 
definition, and clarifies that extrinsic evidence can be used 
to establish the minority of a victim in cases of sexual abuse 
of a minor.
    As the Committee has previously found:

        This change is needed to reverse a Ninth Circuit 
        precedent that has had the effect of requiring Federal 
        prosecutors in criminal cases seeking sentencing 
        enhancements to prove that prior convictions were not 
        based on aiding and abetting.\263\ This is often 
        impossible to prove, because in Federal court, and in 
        almost every State jurisdiction, a defendant can be 
        convicted of aiding and abetting a substantive offense, 
        even if aiding and abetting is not specifically charged 
        in the indictment.\264\
---------------------------------------------------------------------------
    \263\See U.S. v. Corona-Sanchez, 291 F. 3d 1208 (9th Cir. 2002) (en 
banc).

    \264\H.R. Rep. No. 109-345, part I, at 59.
---------------------------------------------------------------------------
    Sec. 302. Precluding Admissibility of Aliens Convicted of 
Aggravated Felonies or Other Serious Offenses. Aggravated 
felony conviction only renders an alien who was admitted to the 
United States deportable. Therefore, an aggravated felony 
conviction does not render an alien who entered without 
inspection inadmissible under the law unless the conviction 
also falls within one of the existing specified criminal 
grounds of inadmissibility, such as a crime involving moral 
turpitude, or a controlled substance or money laundering 
offense. Certain additional grounds of deportability, such as 
serious firearms offenses and crimes of domestic violence, are 
not currently grounds of inadmissibility. This section 
clarifies that conviction of an aggravated felony is an 
independent ground of inadmissibility for those who entered 
without inspection. It also adds inadmissibility grounds for 
certain offenses that are currently only grounds of 
deportability (e.g., certain firearms offenses and crimes of 
domestic violence), making both positions consistent. Further, 
this section amends the inadmissibility and deportability 
grounds to allow for the removal of aliens who have committed 
or been convicted of crimes relating to Social Security fraud 
or the unlawful procurement of citizenship. The section also 
clarifies that an alien convicted of an aggravated felony is 
ineligible for a discretionary waiver of certain criminal 
inadmissibility grounds.
    Section 303. Espionage Clarification. Currently, the 
inadmissibility provision governing espionage, sabotage, 
unlawful exportation of technology and sensitive information, 
and wishing to overthrow the United States Government, refers 
only to future activities, not past activities. This section 
modifies the provision to include both past and future 
espionage and related activities.
    Sec. 304. Prohibition of the Sale of Firearms to, or the 
Possession of Firearms By, Certain Aliens. This section 
clarifies existing criminal law provisions which bar sales and 
transfers of firearms and munitions to unlawful aliens and 
temporary visa holders so that there is consistency with 
provisions in the INA.
    Section 305. Uniform Statute of Limitations for Certain 
Immigration, Naturalization, and Peonage Offenses. This section 
provides a statute of limitations of 10 years for most 
immigration crimes under the INA and title 18.
    Sec. 306. Conforming Amendment to the Definition of 
Racketeering Activity. This section is a conforming amendment 
that makes all passport and visa fraud a racketeering activity 
for purposes of Federal criminal law.
    Sec. 307 Conforming Amendments for the Aggravated Felony 
Definition. This section amends the definition of ``aggravated 
felony'' so that it covers all penalties for passport, visa, 
and immigration fraud under chapter 75 of title 18.
    Sec. 308. Precluding Refugee or Asylee Adjustment of Status 
for Aggravated Felons.
    As the Committee has previously found:

        In various statutory enactments since 1988, Congress 
        has attached a series of stringent restrictions upon 
        the eligibility of aliens to obtain almost all forms of 
        discretionary immigration relief after they have been 
        convicted of an aggravated felony. In particular, under 
        the asylum provisions, an alien convicted of an 
        aggravated felony is conclusively barred from being 
        granted asylum, and a grant of asylum may be terminated 
        if it is determined that the alien has become subject 
        to one of the mandatory bars to asylum, including an 
        asylee being convicted of an aggravated felony. 
        However, the provision governing asylee and refugee 
        adjustment to permanent resident status does not 
        expressly bar an applicant from obtaining adjustment 
        where the alien has been convicted of an aggravated 
        felony after obtaining refugee or asylee status. Not 
        only is this inconsistent with statutory bars on almost 
        all discretionary immigration relief for aggravated 
        felons, it is also inconsistent with the treatment that 
        the asylee or refugee would be accorded after 
        adjustment. Specifically, an alien who has been granted 
        refugee or asylee adjustment is barred from obtaining 
        cancellation of removal, a waiver under section 212(h) 
        of the INA, or section 212(c) relief from removal if 
        the alien is convicted of an aggravated felony after 
        attaining such status.\265\
---------------------------------------------------------------------------
    \265\Id. at 70.

    Section 605 ends this discrepancy by barring asylees and 
refugees convicted of aggravated felonies from adjustming 
status to permanent residence.
    Sec. 309. Inadmissibility, Deportability and Detention of 
Drunk Drivers. This section makes a second or subsequent 
conviction for driving while intoxicated grounds an aggravated 
felony and requires the detention of unlaw aliens who have been 
convicted of driving while intoxicated.
    Sec. 310. Detention of Dangerous Aliens. This section 
provides a statutory basis for DHS to detain as long as 
necessary specified dangerous immigrants under orders of 
removal who cannot be removed. It authorizes DHS to detain non-
removable aliens beyond 6 months, if the alien will be removed 
in the reasonably foreseeable future; the alien would have been 
removed but for the alien's refusal to make all reasonable 
efforts to comply and cooperate with the Homeland Security 
Secretary's efforts to remove them; the alien has a highly 
contagious disease; release would have serious adverse foreign 
policy consequences; release would threaten national security; 
or release would threaten the safety of the community and the 
alien either is an aggravated felon or has committed certain 
other crimes. These aliens may be detained for periods of 6 
months at a time, and the period of detention may be renewed.
    Sec. 311. Grounds of Inadmissibility and Deportability for 
Alien Gang Members. This section is designed to make alien 
criminal gang members deportable from the United States and 
inadmissible to the United States. The section includes a 
definition of the term ``criminal gang''. An alien who is, or 
was, a member of a criminal gang is inadmissible and 
deportable. An alien who is, or was, a criminal gang member is 
ineligible for asylum and temporary protected status. 
Additionally, the relevant agencies can designate specified 
gangs, membership in which would render an alien inadmissable/
deportable.
    Sec. 312. Extension of Identity Theft Amendments. This 
section clarifies the existing identify theft statute so that a 
person who fraudulently uses identification documents can be 
prosecuted, as long as they knew the documents were not their 
own.
    Sec. 313. Laundering of Monetary Instruments. Pursuant to 
case law, current laundering statutes required proof that 
transportation of laundered funds was ``designed in whole or in 
part to conceal or disguise the nature, the location, the 
source, the ownership, or the control'' of the funds. This 
provision clarifies current law so the Government is not 
required to prove that a defendant knew the purpose and plan 
behind the transportation and closes the loophole allowing 
transport of ill-gotten gains with impunity. Additionally, this 
section adds 18 U.S.C. sec. 1590 (relating to trafficking with 
respect to peonage, slavery, involuntary servitude, or forced 
labor) and section 274(a) of the INA (relating to bringing in 
and harboring certain aliens) as specified unlawful activity 
under 18 U.S.C. sec. 1956(c)(7)(D).
    Sec. 314. Increased Criminal Penalties Relating to Alien 
Smuggling and Related Offenses. This section clarifies the 
definition of alien smuggling crimes and creates new charges 
for transporting or harboring aliens en route to illegally 
entering the United States. The proposal dispenses with the 
current penalty scheme for alien smuggling and provides 
increasing penalties depending on whether the offense was 
committed for profit and, if so, based upon the number of prior 
convictions for alien smuggling, and the level of risk or harm 
to victims. The section also provides for criminal penalties 
for possession of firearms during or in relation to an alien 
smuggling crime.
    Sec. 315. Penalties for Illegal Entry or Presence. The 
section makes illegal presence a Federal misdemeanor.
    Sec. 316. Illegal Re-entry. This section provides 
strengthened penalties for aliens convicted of illegal reentry 
who have a serious criminal record. In addition, this section 
makes a narrow affirmative defense available to aliens 
previously denied admission and removed who have nevertheless 
complied with the governing laws and regulations relating to 
admission.
    Sec. 317. Reform of Passport, Visa, and Immigration Fraud 
Offenses. This section revises chapter 75 of title 18 of the 
United States Code to clarify and improve the existing criminal 
provisions governing passport, visa, and immigration fraud.

         LIssuance without authority: The section 
        revises section 1541 of title 18 of the United States 
        Code to clarify the existing criminal provisions 
        governing passport issuance and related fraud. The 
        section sets a 15-year maximum penalty for any such 
        conviction.

         LFalse statement in an application for a 
        passport: The section revises section 1542 of title 18 
        of the United States Code to clarify the existing 
        criminal provisions governing false statements in 
        passport and related fraud. This section sets a 15-year 
        maximum penalty for any such conviction.

         LForgery and unlawful production of a 
        passport: The section revises section 1543 of title 18 
        of the United States Code to clarify the existing 
        criminal provisions governing false statements in 
        passport and related fraud. This section sets a 15-year 
        maximum penalty for any such conviction.

         LMisuse of a passport: The section revises 
        section 1544 of title 18 of the United States Code to 
        clarify the existing criminal provisions governing 
        false statements in passport and related fraud. This 
        section sets a 15-year maximum penalty for any such.

         LSchemes to defraud aliens: The section makes 
        it a Federal crime to pursue immigration schemes 
        designed to defraud aliens. Under existing law, it is 
        difficult for Federal prosecutors to bring charges 
        against those who defraud immigrants in connection with 
        Federal immigration benefits but who do not actually 
        file applications or petitions with Federal immigration 
        authorities. The provision rectifies this problem by 
        making it a Federal crime--punishable up to 15 years--
        to defraud an alien in connection with an immigration 
        benefit, regardless of whether any benefit is actually 
        sought or received.

         LImmigration and visa fraud: The section 
        simplifies and strengthens the existing penalties 
        governing immigration and visa fraud. The revised 
        provision (1) expands the kinds of immigration fraud 
        subject to prosecution, (2) raises the maximum sentence 
        for base offenses to 15 years, and (3) adds a new 
        offense prohibiting trafficking in immigration 
        documents that is punishable by a mandatory minimum 
        sentence of 2 years.

         LAttempts and conspiracies: The section 
        clarifies that any attempt or conspiracy to violate any 
        offense within chapter 75 (passport and visa offenses) 
        is also an offense subject to equal punishment.

         LAlternative penalties for certain offenses: 
        The section provides a sentencing enhancement for 
        offenses under chapter 75 that facilitate international 
        terrorism or the commission of other felonies and 
        heightens maximum penalties.

    Sec. 318. Forfeiture. The section provides for civil 
forfeiture regarding chapter 75 crimes.
    Sec. 319. Expedited Removal for Aliens Inadmissible on 
Criminal or Security Grounds.
    The section authorizes the Secretary to use expedited 
removal proceedings with respect to an alien inadmissible on 
criminal grounds who: (1) has not been admitted or paroled; (2) 
has not been found to have a credible fear of persecution; and 
(3) is not eligible for a waiver of inadmissibility or relief 
from removal.
    Sec. 320. Increased Penalties Barring the Admission of 
Convicted Sex Offenders Failing to Register and Requiring 
Deportation of Sex Offenders Failing to Register. The section 
renders an alien inadmissable or deportable where the alien is 
a convicted sex offender who has failed to register as required 
by law.
    Sec. 321. Protecting Immigrants from Convicted Sex 
Offenders. The section bars convicted sex offenders from 
petitioning for relatives for permanent residency status under 
Section 245(a) of the INA unless DHS determines the petitioner 
poses no risk to the alien with respect to whom a petition is 
filed. The provision also applies to fiancee visa applicants.
    Sec. 322. Clarification to Crimes of Violence and Crimes 
Involving Moral Turpitude. The section clarifies that 
Immigration Judges may consider extrinsic evidence in 
determining whether a crime is a crime or violence or a crime 
involving moral turpitude.
    Sec. 323. Penalties for Failure to Obey Removal Orders. The 
section extends to inadmissible aliens ordered removed the 
criminal penalties for deportable aliens ordered removed who 
fail to deport.
    Sec. 324 Pardons. Under the INA, when aliens are pardoned 
for some crimes, the immigration consequences are removed, but 
not for other crimes. This provision provides consistent 
treatment of all pardons, removing the immigration consequences 
of the crimes.
Title IV. Visa Security
    Sec. 401. Cancellation of Additional Visas. This section 
amends the INA to clarify that all visas held by an alien are 
void if that alien has overstayed any such visas by remaining 
in the U.S. beyond the period of authorized stay, or otherwise 
violated any of the terms of the nonimmigrant classification in 
which the alien was admitted.
    Sec. 402. Visa Information Sharing. This section amends the 
INA to provide the Federal Government with additional 
flexibility to release certain data in visa records, such as 
biographic information, to foreign governments. Current law 
provides that visa records relating to the issuance or refusal 
of visas to enter the United States must be considered 
confidential and may be used only for specified purposes--
namely, the formulation, amendment, administration or 
enforcement of the immigration, nationality, and other laws of 
the United States--with certain limited exceptions. The section 
would clarify that DOS may share visa records with a foreign 
government on a case-by-case basis for the purpose of 
determining removability or eligibility for a visa, admission, 
or other immigration benefits or when the sharing is in the 
U.S. national interest. In addition, the section ensures that 
visa revocation records can be disclosed pursuant to the same 
standards as records concerning visa issuance and refusal.
    Sec. 403. Restricting Waiver of Visa Interviews. The 
section ensures that the ``national interest'' waiver authority 
for required visa interviews (i) can be exercised only in 
consultation with the Secretary of Homeland Security; (2) 
cannot be used to waive interviews for persons of national 
security concern or where such waiver would create a high risk 
of degradation of visa program integrity; and (3) cannot be 
based on mere travel facilitation or reducing the workload of 
consular officers.
    Sec. 404. Authorizing the Department of State to Not 
Interview Certain Ineligible Visa Applicants. Currently, the 
State Department must conduct in-person interviews of 
nonimmigrant visa applicants even if it is evident to the 
consular officer, based solely on the content of the 
individual's application, that the applicant is ineligible for 
a visa. In order to avoid wasting limited consular resources 
and making a clearly ineligible visa applicant travel a 
potentially long distance to the consulate, this provisions 
clarifies that DOS does not have to conduct interviews of visa 
applicants in these instances.
    Sec. 405. Visa Refusal and Revocation. This section 
authorizes the Secretary of Homeland Security and the Secretary 
of State to refuse or revoke visas to aliens if in the security 
interests of the United States and provides that there is no 
judicial review of visa revocations (including of admitted 
aliens).
    Sec. 406. Funding for the Visa Security Program. This 
section requires DOS to impose surcharges on immigrant use fees 
to support enhanced border security through funding of the VSP 
and repay funds appropriated for this purpose.
    Sec. 407. Expeditious Expansion of Visa Security Program to 
High-Risk Posts. This section provides for the expansion of the 
VSP to the top 30 high-risk posts.
    Sec. 408. Expedited Clearance and Placement of the 
Department of Homeland Security Personnel at Overseas Embassies 
and Consular Posts. The section provides expedited clearance 
and placement of DOS personnel at overseas embassies and 
consular posts.
    Sec. 409. Accreditation Requirements. This section requires 
that colleges and universities be accredited in order to host 
foreign students seeking to study in the U.S. It also expands 
the current definition of ``accredited language training 
program,'' requiring that all such institutions be accredited 
by an accrediting agency recognized by the Secretary of 
Education. And it gives the Secretary of Homeland Security the 
discretion to require accreditation of other academic 
institutions (except for seminaries or other religious 
institutions) if 1) the institution is not already required to 
be accredited and 2) an appropriate accrediting agency 
recognized by the Secretary of Education is able to provide 
such accreditation. The Secretary of Homeland Security can 
waive the accreditation requirement if a college, university or 
language training program is otherwise in compliance with the 
requirements of the INA and is making a good faith effort to 
satisfy the accreditation requirement. It provides that during 
the 3-year period beginning on the date of enactment, foreign 
students can continue to receive student visas to attend an 
unaccredited college or university so long as such institution 
(1) is certified by the Student and Exchange Visitor Program 
(SEVP--the DHS program that manages schools and foreign 
students), (2) submits an application for accreditation within 
6 months after the date of enactment and (3) continues to 
comply with the applicable accrediting requirements of the 
accrediting agency.
    Sec. 410. Visa Fraud. This section allows the Secretary of 
Homeland Security to suspend SEVP access and participation if 
the Secretary has reasonable suspicion that the owner or SEVP 
designee at an educational institution has committed or 
attempted to commit fraud relating to SEVP. This section 
prohibits a person convicted of a fraud offense relating to 
SEVP from ever being able to have an ownership or managerial 
role in an educational institution that enrolls foreign 
students holding F or M visas.
    Sec. 411. Background Checks. This section requires that an 
educational institution's individuals designated to access 
SEVIS (the foreign student tracking system) to be U.S. citizens 
or lawful permanent residents and within 3 years have undergone 
a background check and successfully complete SEVIS training. 
This section also authorizes the Secretary of Homeland Security 
to collect a fee to cover the cost of the background check.
    Sec. 412. Number of Designated School Officials. This 
section allows a school the flexibility to permit as many 
Designated School Officials (DSO) to place information into the 
SEVIS system as necessary, in addition to the required 
Principal Designated School Official. However the school must 
not have fewer DSOs than one for every 200 student visa 
holders.
    Sec. 413. Reporting Requirement. This section requires 
schools to report in SEVIS any changes in required information 
regarding foreign students within 10 days. Currently, a school 
has 21 days to report any such change or modification.
    Sec. 414. Flight Schools Not Certified by FAA. This section 
requires that in order to sponsor students for F or M visas, 
flight schools in the U.S. must be certified by the Federal 
Aviation Administration. The section also allows a waiver of 
this requirement for 5 years in order to give flight schools 
time to become certified as long as a flight school is SEVP 
certified, submits a certification application within 1 year of 
enactment and continues to progress toward certification.
    Sec. 415. Revocation of Accreditation. This section 
requires that an accrediting agency or association notify the 
Secretary of Homeland Security if an educational institution is 
denied accreditation or if accreditation is suspended withdrawn 
or terminated. The Secretary shall immediately terminate SEVIS 
access.
    Sec. 416. Report on Risk Assessment. This section requires 
the Secretary of Homeland Security to submit to Congress a 
report on a risk assessment strategy to be deployed by the 
Secretary to identify, investigate and take action against 
schools and school officials committing or facilitating student 
visa fraud.
    Sec. 417. Implementation of GAO Recommendations. This 
section requires the Secretary of Homeland Security to submit 
to Congress a plan for implementation of several fraud and 
misuse-related recommendations by GAO.
    Sec. 418. Implementation of SEVIS II. This section requires 
the Secretary of Homeland Security to implement SEVIS II, the 
updated foreign student-tracking database, within 2 years of 
the date of enactment.
    Sec. 419. Definitions.
Title V. Aid to U.S. Immigration and Customs Enforcement Officers
    Sec. 501. ICE Immigration Enforcement Agents. The section 
authorizes all ICE immigration enforcement agents and 
deportation officers while they are enforcing Federal 
immigration laws to make arrests for immigration violations, 
Federal felonies, Federal criminal offenses for bringing in and 
harboring aliens, and offenses against the U.S., and to carry 
firearms.
    Sec. 502. ICE Detention Enforcement Officers. The section 
provides for additional ICE detention officers.
    Sec. 503. Ensuring Safety of ICE Officers and Agents. The 
section requires that ICE immigration enforcement agents and 
deportation officers be issued body armor and weapons.
    Sec. 504. ICE Advisory Council. The section establishes an 
ICE Advisory Council, including members appointed by the ICE 
officers' and prosecutors' unions, to advise Congress and ICE 
on improving immigration enforcement efforts, the resource 
needs of ICE personnel, and the effectiveness of ICE 
enforcement policies.
    Sec. 505. Pilot Program for Electronic Field Processing. 
This provision establishes a pilot program allowing ICE agents 
to electronically process and serve charging documents and 
detainers.
    Sec. 506. Additional ICE Deportation Officers and Support 
Staff. This provision authorizes the hiring of additional ICE 
agents.
    Sec. 507. Additional ICE Prosecutors. The provision 
authorizes the hiring of additional ICE prosecutors.
Title VI. Miscellaneous Enforcement Provisions
    Sec. 601. Encouraging Aliens to Depart Voluntarily.
    As the Committee has previously found:

        ``Voluntary departure'' is a benefit in removal 
        proceedings that allows deportable aliens to agree to 
        leave the United States within a specified time period 
        of their own volition rather than facing a formal order 
        of removal, while avoiding the adverse legal 
        consequences of a final order of removal. Ideally, the 
        Government should also benefit from this practice, as 
        it is spared the expense of initiating removal 
        proceedings, extensively litigating the aliens' cases, 
        and, ultimately, removing the aliens. The Government 
        may not realize such benefits in practice, however, 
        because few aliens granted voluntary departure actually 
        depart from the country expeditiously. In all too many 
        cases, a grant of voluntary departure is merely a 
        prelude to years of further litigation in which the 
        alien continues to benefit from delay of removal.\266\
---------------------------------------------------------------------------
    \266\Id. at 64.

    This section strengthens the requirements for voluntary 
departure in lieu of formal removal. It adds violators of 
security and related grounds of removal to the class of aliens 
ineligible for voluntary departure and clarifies the 
ineligibility category by including all those ``described in'' 
(rather than ``deportable under'') all prohibited categories. 
The section also allows for less time to complete departure 
following a grant of voluntary departure at the conclusion of 
removal proceedings. The section requires a bond to ensure 
departure. The current penalties for an alien's failure to 
timely depart after agreeing to voluntary departure are 
inadequate to ensure the alien's departure. This section 
strengthens the penalties an alien will be subject to for 
failing to timely depart the United States. This section 
restricts the ability of an alien to reopen their case or 
receive a future immigration benefit if the alien fails to 
timely depart.
    Sec. 602. Deterring Aliens Ordered Removed from Remaining 
in the United States Unlawfully.
    As the Committee has previously found:

        A major barrier to effective removal of alien 
        absconders is the fact that there are currently few 
        effective administrative sanctions available under the 
        law against absconders who have been apprehended beyond 
        the mere execution of the same removal order that they 
        had been successfully evaded for months or years. Even 
        if such absconding aliens are unsuccessful in obtaining 
        the reopening of their previous final order, they may 
        simply launch a new round of litigation before the 
        Board of Immigration Appeals (BIA) and the courts.\267\
---------------------------------------------------------------------------
    \267\Id. at 65.

    Section 602 ``provides more effective administrative tools 
to deter absconders from remaining in this country illegally 
and to prevent them from obtaining any further advantages after 
flouting their removal orders.''\268\ The section amends the 
bar on admissibility for aliens removed from the United States 
to ``not later than'' 5 years (or 10, or 20, depending on the 
circumstance) after the date of removal, in contrast to the 
current law which bars aliens seeking admission ``within'' 5 
years (or 10, or 20) of the date of removal. This closes a 
loophole allowing removed aliens to avoid the bar on reentry by 
unlawfully remaining in the United States. The language also 
renders any alien who absconds after receiving a final order of 
removal ineligible for future discretionary immigration relief 
until 10 years after the alien leaves the United States (except 
in narrow circumstances).
---------------------------------------------------------------------------
    \268\Id.
---------------------------------------------------------------------------
    603. Reinstatement of Removal Orders. As the Committee has 
previously found:

        [T]he Ninth Circuit has . . . held that aliens are 
        entitled to have their reinstatement cases adjudicated 
        by immigration judges.\269\ In fiscal year 2004, prior 
        to the Ninth Circuit's decision, DHS removed 42,886 
        aliens in that circuit through reinstatement. Under the 
        Ninth Circuit's decision, immigration judges now must 
        hear tens of thousands of additional cases annually 
        from aliens ineligible for relief. This is a waste of 
        extremely limited resources. . . .\270\
---------------------------------------------------------------------------
    \269\See Morales-Izquierdo v. Ashcroft, 388 F. 3d 1299 (9th Cir. 
2004).

    \270\H.R. Rep. No. 109-345, part I, at 77.
---------------------------------------------------------------------------
    This section ``is meant to preserve judicial resources, and 
to close the revolving door of illegal reentry by allowing DHS 
to summarily deport aliens who have reentered after removal, 
without having to obtain a new removal order from an 
immigration judge.''\271\ It provides that if aliens with a 
prior removal order against them have subsequently illegally 
reentered the United States, the prior removal order is 
reinstated without the need for proceedings before an 
Immigration Judge. Judicial review of the reinstatement is 
limited, and the court does not have jurisdiction to review the 
original order of removal.
---------------------------------------------------------------------------
    \271\Id.
---------------------------------------------------------------------------
    Sec. 604. Clarification with Respect to Definition of 
Admission. This provision clarifies that adjustment of status 
to legal permanent residency is an admission under the INA.
    Sec. 605. Reports to Congress on the Exercise and Abuse of 
Prosecutorial Discretion. The section requires that a report be 
made to Congress each year on the number of inadmissible and 
removable aliens encountered and not processed for removal or 
granted immigration benefits under ``prosecutorial 
discretion.'' Criminal histories of all such aliens must be 
provided.
    Sec. 606. Waiver of Federal Laws with Respect to Border 
Security Actions on Department of the Interior and Department 
of Agriculture Lands. This section prohibits the Department of 
Interior and Department of Agriculture from denying CBP agents 
access to certain Federal lands within 100 miles of an 
international land border, for purposes of search and rescue 
operations and preventing drug and human smuggling and illegal 
border crossings.
    Sec. 607. Biometric Entry and Exit Data System.
    Various laws requiring exit controls have been implemented 
by Congress since 1996. Section 110 of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 required the 
Attorney General (now the DHS Secretary) to create, within 2 
years of the date of enactment, an automated system to track 
the entry and exit of all travelers to and from the United 
States. In 2000, two separate laws were passed, one that 
reaffirmed an exit system and one that tied it to the Visa 
Waiver Program. In 2001, the USA Patriot Act again required an 
exit system, as did legislation in 2002. In 2003, DHS initiated 
the US-VISIT program to develop a comprehensive entry system to 
collect biometric data from aliens traveling through United 
States ports of entry. In 2004, US-VISIT initiated the first 
step of this program by collecting biometric data on aliens 
entering the United States at 115 airports and 14 
seaports.\272\ The Intelligence Reform and Terrorism Prevention 
Act of 2004 required the Secretary of Homeland Security to 
develop a plan to accelerate full implementation of an 
automated biometric entry and exit data system that matches 
available information provided by foreign nationals upon their 
arrival in and departure from the United States.\273\ Beginning 
in 2004, and until 2007, pilot programs for exit were 
undertaken at the demand of Congress.\274\ But to date, an exit 
system has never been implemented.
---------------------------------------------------------------------------
    \272\See Government Accountability Office, GAO-13-683, Additional 
Actions Needed to Assess DHS's Data and Improve Planning for a 
Biometric Air Exit Program at 10-11 (2013).
    \273\Id.
    \274\See Janice Kephart, Biometric Exit Tracking: A Feasible and 
Cost-Effective Solution for Foreign Visitors Traveling by Air and Sea, 
2013 Center for Immigration Studies at 4.
---------------------------------------------------------------------------
    While many people who are illegally present in the U.S. 
entered the country in violation of law, roughly 40 percent 
first arrived in the U.S. lawfully--with, say a tourist visa or 
a student visa, or in a situation where no visa was required--
and then overstayed their welcome. An effective exit tracking 
program would help identify all of those who arrived lawfully 
but remain in the U.S. in violation of the law.
    To compound matters, terrorist overstays are also a 
significant issue which under the current system can be tracked 
down only through difficult, tedious, and time-consuming 
investigations. Recent terrorist overstays include Hosan Smadi, 
a Jordanian national who plotted to blow up a Dallas skyscraper 
in 2009, and Amine El Khalifi, a Moroccan whose visa expired in 
1999, who was arrested in an attempt to bomb the U.S. Capitol 
in 2012.
    Little has changed on progress to implement an exit program 
since the 9/11 Commission's staff found in its ``9/11 and 
Terrorist Travel'' monograph:

        On August 23, 2001, the CIA provided biographical 
        identification information about two of the hijackers 
        to border and law enforcement authorities. The CIA and 
        FBI considered the case important, but there was no way 
        of knowing whether either hijacker was still in the 
        country, because a border exit system Congress 
        authorized in 1996 was never implemented.\275\
---------------------------------------------------------------------------
    \275\National Commission on Terrorist Attacks Upon the United 
States, 9/11 and Terrorist Travel 4 (2004).

    Not having an exit system in place led the 9/11 
commissioners to conclude in 2011 that our border system must 
include data about who is leaving and when, with the following 
---------------------------------------------------------------------------
recommendation:

        The Department of Homeland Security, properly supported 
        by the Congress, 0should complete, as quickly as 
        possible, a biometric entry-exit screening system. As 
        important as it is to know when foreign nationals 
        arrive, it is also important to know when they leave. 
        Full deployment of the biometric exit should be a high 
        priority. Such a capability would have assisted law 
        enforcement and intelligence officials in August and 
        September 2001 in conducting a search for two of the 9/
        11 hijackers that were in the United States on expired 
        visas.\276\
---------------------------------------------------------------------------
    \276\Lee Hamilton & Thomas Kean, Tenth Anniversary Report Card: The 
Status of the 9/11 Commission Recommendations, 2011 Bipartisan Policy 
Center.

    More recent experiences with terrorist threats and attempts 
reiterates the commissioners' point. In the wake of the 
Christmas Bomb Plot and the near-getaway by would-be Times 
Square bomber Faisal Shahzad (who had already boarded a flight 
to leave the United States when he was arrested), we are once 
again reminded that a biometric exit system would be useful to 
prevent a terrorist from fooling the system and getting away.
    Instant, verified overstay data would give CBP and DOS 
better information to determine who should be allowed to visit 
the United States again, and ICE better information about who 
has illegally overstayed. Exit data would also support all 
current customers of US-VISIT biometric data, and may even give 
Joint Terrorism Task Forces the ability to curtail terrorist 
absconders who slip out of the United States unnoticed based on 
verified watch list hits. For instance, the Times Square bomber 
was on the jetway when he was apprehended, having bypassed TSA 
security.
    There have been discussions, policy platforms, even pilot 
programs, but to this day, despite statutory mandates, we do 
not have a functioning exit system. There aren't even any 
operating pilot programs. Conversely, US-VISIT's entry program 
was able to get up and running within a few years after 9/11.
    Thirteen years after the attack on September 11, one of the 
few unfilled recommendations of the 9/11 Commission is the 
failure of DHS to establish a biometric exit system. This 
section requires that no later than 2 years after the date of 
enactment, DHS shall establish the biometric entry and exit 
system at each port of entry in the United States as required 
by the Intelligence Reform and Terrorism Prevention Act of 
2004.
    Sec. 608. Certain Activities Restricted. This section 
rescinds internal memoranda issued by DHS on prosecutorial 
discretion and Deferred Action for Childhood Arrivals.
    Sec. 609 Border Patrol Mobile and Rapid Response Teams. 
This section requires the deployment of ICE mobile rapid 
response teams to achieve the objectives of making emergency 
assistance available, ensuring and facilitating quick 
deployment as needed, and providing emergency assistance to 
those who reside and work close to the border.
    610. GAO Study on Deaths in Custody. This section requires 
a report on the causes of death of individuals who die while in 
ICE custody.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

              SECTION 534 OF TITLE 28, UNITED STATES CODE

Sec. 534. Acquisition, preservation, and exchange of identification 
                    records and information; appointment of officials

    (a) The Attorney General shall--
            (1) * * *

           *       *       *       *       *       *       *

            (3) acquire, collect, classify, and preserve any 
        information which would assist in the location of any 
        missing person (including an unemancipated person as 
        defined by the laws of the place of residence of such 
        person) and provide confirmation as to any entry for 
        such a person to the parent, legal guardian, or next of 
        kin of that person (and the Attorney General may 
        acquire, collect, classify, and preserve such 
        information from such parent, guardian, or next of 
        kin); [and]
            (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
            [(4)] (5) exchange such records and information 
        with, and for the official use of, authorized officials 
        of the Federal Government, including the United States 
        Sentencing Commission, the States, including State 
        sentencing commissions, Indian tribes, cities, and 
        penal and other institutions.
                              ----------                              


                    IMMIGRATION AND NATIONALITY ACT

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act, divided into titles, chapters, and sections according to 
the following table of contents, may be cited as the 
``Immigration and Nationality Act''.

                            TABLE OF CONTENTS

     * * * * * * *

                          Title II--Immigration

     * * * * * * *

  chapter 2--qualifications for admission of aliens; travel control of 
                           citizens and aliens

     * * * * * * *
220. Designation.
     * * * * * * *

chapter 4--inspection, apprehension, examination, exclusion, and removal

     * * * * * * *
Sec. 240D. Custody of inadmissible and deportable aliens present in the 
          United States.
     * * * * * * *

               chapter 5--adjustment and change of status

     * * * * * * *
[Sec. 249. Record of admission for permanent residence in the case of 
          certain aliens who entered prior to July 1, 1924, or January 
          1, 1972.]
Sec. 249. Record of admission for permanent residence in the case of 
          certain aliens who entered the United States prior to January 
          1, 1972.
     * * * * * * *

                  chapter 8--general penalty provisions

     * * * * * * *
[Sec. 274. Bringing in and harboring certain aliens.]
Sec. 274. Alien smuggling and related offenses.
     * * * * * * *
[Sec. 275. Entry of alien at improper time or place; misrepresentation 
          and concealment of facts.]
Sec. 275. Illegal entry or presence.
     * * * * * * *

                Title III--Nationality and Naturalization

     * * * * * * *

                        chapter 4--miscellaneous

     * * * * * * *
Sec. 362. Construction.

                            TITLE I--GENERAL

                              definitions

    Section 101. (a) As used in this Act--
    (1) * * *

           *       *       *       *       *       *       *

    (13)(A) The terms ``admission'' and ``admitted'' mean, with 
respect to an alien, the lawful entry of the alien into the 
United States after inspection and authorization by an 
immigration officer. 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.

           *       *       *       *       *       *       *

    (15) The term ``immigrant'' means every alien except an 
alien who is within one of the following classes of 
nonimmigrant aliens--
            (A) * * *

           *       *       *       *       *       *       *

            (F)(i) an alien having a residence in a foreign 
        country which he has no intention of abandoning, who is 
        a bona fide student qualified to pursue a full course 
        of study and who seeks to enter the United States 
        temporarily and solely for the purpose of pursuing such 
        a course of study consistent with [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] 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, particularly designated by him and 
        approved by the [Attorney General] Secretary of 
        Homeland Security after consultation with the Secretary 
        of Education, which institution or place of study shall 
        have agreed to report to the [Attorney General] 
        Secretary of Homeland Security the termination of 
        attendance of each nonimmigrant student, [and if any 
        such institution of learning or place of study fails to 
        make reports promptly the approval shall be withdrawn,] 
        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, (ii) 
        the alien spouse and minor children of any alien 
        described in clause (i) if accompanying or following to 
        join such an alien, and (iii) an alien who is a 
        national of Canada or Mexico, who maintains actual 
        residence and place of abode in the country of 
        nationality, who is described in clause (i) except that 
        the alien's qualifications for and actual course of 
        study may be full or part-time, and who commutes to the 
        United States institution or place of study from Canada 
        or Mexico;

           *       *       *       *       *       *       *

            (K) subject to subsections (d) and (p) of section 
        214, an alien who--
                    (i) is the fiancee or fiance of a citizen 
                of the United States (other than a citizen 
                described in section [204(a)(1)(A)(viii)(I))] 
                204(a)(1)(A)(viii)) and who seeks to enter the 
                United States solely to conclude a valid 
                marriage with the petitioner within ninety days 
                after admission;
                    (ii) has concluded a valid marriage with a 
                citizen of the United States (other than a 
                citizen described in section 
                [204(a)(1)(A)(viii)(I))] 204(a)(1)(A)(viii)) 
                who is the petitioner, is the beneficiary of a 
                petition to accord a status under section 
                201(b)(2)(A)(i) that was filed under section 
                204 by the petitioner, and seeks to enter the 
                United States to await the approval of such 
                petition and the availability to the alien of 
                an immigrant visa; or

           *       *       *       *       *       *       *

    (43) [The term ``aggravated felony'' means--] 
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--
            (A) [murder, rape, or sexual abuse of a minor;] 
        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;

           *       *       *       *       *       *       *

            (F) a crime of violence (as defined in section 16 
        of title 18, United States Code, but not including a 
        purely political offense) for which the term of 
        imprisonment [at least one year;] 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;

           *       *       *       *       *       *       *

            (I) an offense described in section 2251, 2251A, 
        [or 2252] 2252, or 2252A of title 18, United States 
        Code (relating to child pornography);

           *       *       *       *       *       *       *

            (N) an offense described in [paragraph (1)(A) or 
        (2) of] section 274(a) (relating to alien smuggling), 
        except in the case of a first offense for which the 
        alien has affirmatively shown that the alien committed 
        the offense for the purpose of assisting, abetting, or 
        aiding only the alien's spouse, child, or parent (and 
        no other individual) to violate a provision of this 
        Act;
            (O) an offense described in [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] section 275 or 
        276 for which the term of imprisonment is at least 1 
        year;
            (P) an offense [(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)] which is described in any section of 
        chapter 75 of title 18, United States Code, for which 
        the term of imprisonment imposed (regardless of any 
        suspension of such imprisonment) is at least 12 months, 
        except in the case of a first offense (i) that is not 
        described in section 1548 of such title (relating to 
        increased penalties), and (ii) for which the alien has 
        affirmatively shown that the alien committed the 
        offense for the purpose of assisting, abetting, or 
        aiding only the alien's spouse, child, or parent (and 
        no other individual) to violate a provision of this 
        Act;

           *       *       *       *       *       *       *

            (T) an offense relating to a failure to appear 
        before a court pursuant to a court order to answer to 
        or dispose of a charge of a felony for which a sentence 
        of 2 years' imprisonment or more may be imposed; [and]
            (U) [an attempt or conspiracy to commit an offense 
        described in this paragraph.] 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
            (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.
                [The term applies to an offense described in 
                this paragraph whether in violation of Federal 
                or State law and applies to such an offense in 
                violation of the law of a foreign country for 
                which the term of imprisonment was completed 
                within the previous 15 years. Notwithstanding 
                any other provision of law (including any 
                effective date), the term applies regardless of 
                whether the conviction was entered before, on, 
                or after the date of enactment of this 
                paragraph.]

           *       *       *       *       *       *       *

    [(52) The term ``accredited language training program'' 
means a language training program that is accredited by an 
accrediting agency recognized by the Secretary of Education.]
    (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.
    (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.
    (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.

           *       *       *       *       *       *       *

    (f) For the purposes of this Act--
    No person shall be regarded as, or found to be, a person of 
good moral character who, during the period for which good 
moral character is required to be established, is, or was--
            (1) * * *
            (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;

           *       *       *       *       *       *       *

            (8) one who at any time has been convicted of an 
        aggravated felony (as defined in subsection (a)(43)), 
        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; or
            (9) one who at any time has engaged in conduct 
        described in section 212(a)(3)(E) (relating to 
        assistance in Nazi persecution, participation in 
        genocide, or commission of acts of torture or 
        extrajudicial killings) or 212(a)(2)(G) (relating to 
        severe violations of religious freedom).
    [The fact that any person is not within any of the 
foregoing classes shall not preclude a finding that for other 
reasons such person is or was not of good moral character.] 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. In the case of an alien who makes a false statement or 
claim of citizenship, or who registers to vote or votes in a 
Federal, State, or local election (including an initiative, 
recall, or referendum) in violation of a lawful restriction of 
such registration or voting to citizens, if each natural parent 
of the alien (or, in the case of an adopted alien, each 
adoptive parent of the alien) is or was a citizen (whether by 
birth or naturalization), the alien permanently resided in the 
United States prior to attaining the age of 16, and the alien 
reasonably believed at the time of such statement, claim, or 
violation that he or she was a citizen, no finding that the 
alien is, or was, not of good moral character may be made based 
on it.

           *       *       *       *       *       *       *


   powers and duties of the secretary, the under secretary, and the 
                            attorney general

    Sec. 103. (a) * * *

           *       *       *       *       *       *       *

    (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.

           *       *       *       *       *       *       *


                         TITLE II--IMMIGRATION

Chapter 1--Selection System

           *       *       *       *       *       *       *


                procedure for granting immigrant status

    Sec. 204. (a)(1)(A)(i) * * *

           *       *       *       *       *       *       *

                            [(viii)(I) Clause (i) shall not 
                        apply to a citizen of the United States 
                        who has been convicted of a specified 
                        offense against a minor, 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.
                            [(II) For purposes of subclause 
                        (I), the term ``specified offense 
                        against a minor'' is defined as in 
                        section 111 of the Adam Walsh Child 
                        Protection and Safety Act of 2006.]
    (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.
    (B)(i)(I) * * *
                            [(I) Subclause (I) shall not apply 
                        in the case of an alien lawfully 
                        admitted for permanent residence who 
                        has been convicted of a specified 
                        offense against a minor (as defined in 
                        subparagraph (A)(viii)(II)), unless the 
                        Secretary of Homeland Security, in the 
                        Secretary's sole and unreviewable 
                        discretion, determines that such person 
                        poses no risk to the alien with respect 
                        to whom a petition described in 
                        subclause (I) is filed.]
    (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) After an investigation of the facts in each case, and 
after consultation with the Secretary of Labor with respect to 
petitions to accord a status under section 203(b)(2) or 
203(b)(3), the Attorney General shall, if he determines that 
the facts stated in the petition are true and that the alien in 
behalf of whom the petition is made is an immediate relative 
specified in section 201(b) or is eligible for preference under 
subsection (a) or (b) of section 203, approve the petition and 
forward one copy thereof to the Department of State. The 
Secretary of State shall then authorize the consular officer 
concerned to grant the preference status. 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.

           *       *       *       *       *       *       *


                                 asylum

    Sec. 208. (a) * * *
    (b) Conditions for Granting Asylum.--
            (1) * * *
            (2) Exceptions.--
                    (A) In general.--Paragraph (1) shall not 
                apply to an alien if the Attorney General or 
                the Secretary of Homeland Security determines 
                that--
                            (i) * * *

           *       *       *       *       *       *       *

                            [(v) the alien is described in 
                        subclause (I), (II), (III), (IV), or 
                        (VI) of section 212(a)(3)(B)(i) or 
                        section 237(a)(4)(B) (relating to 
                        terrorist activity), unless, in the 
                        case only of an alien inadmissible 
                        under subclause (IV) of section 
                        212(a)(3)(B)(i), the Attorney General 
                        determines, in the Attorney General's 
                        discretion, that there are not 
                        reasonable grounds for regarding the 
                        alien as a danger to the security of 
                        the United States; or]
                            (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;
                            (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
                            [(vi)] (vii) the alien was firmly 
                        resettled in another country prior to 
                        arriving in the United States.

           *       *       *       *       *       *       *


                    adjustment of status of refugees

    Sec. 209. (a) * * *

           *       *       *       *       *       *       *

    (c) The provisions of paragraphs (4), (5), and (7)(A) of 
section 212(a) shall not be applicable to any alien seeking 
adjustment of status under this section, and the Secretary of 
Homeland Security or the Attorney General may waive any other 
provision of such section (other than paragraph (2)(C) or 
subparagraph (A), (B), (C), or (E) of paragraph (3)) with 
respect to such an alien for humanitarian purposes, to assure 
family unity, or when it is otherwise in the public interest. 
However, an alien who is convicted of an aggravated felony is 
not eligible for a waiver or for adjustment of status under 
this section.

                      special agricultural workers

    Sec. 210. (a) * * *
    (b) Applications for Adjustment of Status.--
            (1) * * *

           *       *       *       *       *       *       *

            (6) Confidentiality of information.--
                    (A) In general.--Except as provided in this 
                paragraph, neither the [Attorney General] 
                Secretary of Homeland Security, nor any other 
                official or employee of the [Department of 
                Justice,] Department of Homeland Security, or 
                bureau or agency thereof, may--
                            (i) * * *

           *       *       *       *       *       *       *

                    (B) Required disclosures.--The [Attorney 
                General] Secretary of Homeland Security shall 
                provide information furnished under this 
                section, and any other information derived from 
                such furnished information, to a duly 
                recognized law enforcement entity in connection 
                with a criminal investigation or prosecution, 
                when such information is requested in writing 
                by such entity, or to an official coroner for 
                purposes of affirmatively identifying a 
                deceased individual (whether or not such 
                individual is deceased as a result of a crime).
                    (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.
                    [(C)] (D) Construction.--
                            (i) In general.--Nothing in this 
                        paragraph shall be construed to limit 
                        the use, or release, for immigration 
                        enforcement purposes or law enforcement 
                        purposes of information contained in 
                        files or records of the [Service] 
                        Department of Homeland Security 
                        pertaining to an application filed 
                        under this section, other than 
                        information furnished by an applicant 
                        pursuant to the application, or any 
                        other information derived from the 
                        application, that is not available from 
                        any other source.

           *       *       *       *       *       *       *

                    [(D)] (E) Crime.--Whoever knowingly uses, 
                publishes, or permits information to be 
                examined in violation of this paragraph shall 
                be fined not more than $10,000.

           *       *       *       *       *       *       *


 Chapter 2--Qualifications for Admission of Aliens; Travel Control of 
Citizens and Aliens

           *       *       *       *       *       *       *


 general classes of aliens ineligible to receive visas and ineligible 
               for admission; waivers of inadmissibility

    Sec. 212. (a) Classes of Aliens Ineligible for Visas or 
Admission.--Except as otherwise provided in this Act, aliens 
who are inadmissible under the following paragraphs are 
ineligible to receive visas and ineligible to be admitted to 
the United States:
            (1) * * *
            (2) Criminal and related grounds.--
                    (A) Conviction of certain crimes.--
                            (i) In general.--Except as provided 
                        in clause (ii), any alien convicted of, 
                        or who admits having committed, or who 
                        admits committing acts which constitute 
                        the essential elements of--
                                    (I) a crime involving moral 
                                turpitude (other than a purely 
                                political offense) or an 
                                attempt or conspiracy to commit 
                                such a crime, [or]
                                    (II) a violation of (or a 
                                conspiracy or attempt to 
                                violate) any law or regulation 
                                of a State, the United States, 
                                or a foreign country relating 
                                to a controlled substance (as 
                                defined in section 102 of the 
                                Controlled Substances Act (21 
                                U.S.C. 802)),
                                    (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), or
                                    (IV) a violation of section 
                                2250 of title 18, United States 
                                Code (relating to failure to 
                                register as a sex offender),
                        is inadmissible.

           *       *       *       *       *       *       *

                            (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.

           *       *       *       *       *       *       *

                    (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.
                    (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.
            (3) Security and related grounds.--
                    [(A) In general.--Any alien who a consular 
                officer or the Attorney General knows, or has 
                reasonable ground to believe, seeks to enter 
                the United States to engage solely, 
                principally, or incidentally 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.]
                    (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.

           *       *       *       *       *       *       *

            (9) Aliens previously removed.--
                    (A) Certain aliens previously removed.--
                            (i) Arriving aliens.--Any alien who 
                        has been ordered removed under section 
                        235(b)(1) or at the end of proceedings 
                        under section 240 initiated upon the 
                        alien's arrival in the United States 
                        and who again [seeks admission within 5 
                        years of the date of such removal (or 
                        within 20 years] 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 in 
                        the case of a second or subsequent 
                        removal or at any time in the case of 
                        an alien convicted of an aggravated 
                        felony) is inadmissible.
                            (ii) Other aliens.--Any alien not 
                        described in clause (i) who--
                                    (I) * * *

           *       *       *       *       *       *       *

                        and who [seeks admission within 10 
                        years of the date of such alien's 
                        departure or removal (or within 20 
                        years of] seeks admission not later 
                        than 10 years after the date of the 
                        alien's departure or removal (or not 
                        later than 20 years after such date in 
                        the case of a second or subsequent 
                        removal or at any time in the case of 
                        an alien convicted of an aggravated 
                        felony) is inadmissible.

           *       *       *       *       *       *       *

    (h) [The Attorney General may, in his discretion, waive the 
application of subparagraphs (A)(i)(I), (B), (D), and (E) of 
subsection (a)(2)] 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) and subparagraph (A)(i)(II) of such 
subsection insofar as it relates to a single offense of simple 
possession of 30 grams or less of marijuana if--
            (1)(A) in the case of any immigrant it is 
        established to the satisfaction of the Attorney General 
        or Secretary of Homeland Security that--
                    (i) the alien is inadmissible only under 
                subparagraph (D)(i) or (D)(ii) of such 
                subsection or the activities for which the 
                alien is inadmissible occurred more than 15 
                years before the date of the alien's 
                application for a visa, admission, or 
                adjustment of status,
                    (ii) the admission to the United States of 
                such alien would not be contrary to the 
                national welfare, safety, or security of the 
                United States, and
                    (iii) the alien has been rehabilitated; or
            (B) in the case of an immigrant who is the spouse, 
        parent, son, or daughter of a citizen of the United 
        States or an alien lawfully admitted for permanent 
        residence if it is established to the satisfaction of 
        the Attorney General or Secretary of Homeland Security 
        that the alien's denial of admission would result in 
        extreme hardship to the United States citizen or 
        lawfully resident spouse, parent, son, or daughter of 
        such alien; or
                    (C) the alien is a VAWA self-petitioner; 
                and
            (2) the Attorney General or Secretary of Homeland 
        Security, in his discretion, and pursuant to such 
        terms, conditions and procedures as he may by 
        regulations prescribe, has consented to the alien's 
        applying or reapplying for a visa, for admission to the 
        United States, or adjustment of status.
No waiver shall be provided under this subsection in the case 
of an alien who has been convicted of (or who has admitted 
committing acts that constitute) murder or criminal acts 
involving torture, or an attempt or conspiracy to commit murder 
or [a criminal act involving torture.] a criminal act involving 
torture, or has been convicted of an aggravated felony. No 
waiver shall be granted under this subsection in the case of an 
alien who has previously been admitted to the United States as 
an alien lawfully admitted for permanent residence [if either 
since the date of such admission the alien has been convicted 
of an aggravated felony or the alien] if since the date of such 
admission the alien has not lawfully resided continuously in 
the United States for a period of not less than 7 years 
immediately preceding the date of initiation of proceedings to 
remove the alien from the United States. No court shall have 
jurisdiction to review a decision of the Attorney General or 
Secretary of Homeland Security to grant or deny a waiver under 
this subsection.

           *       *       *       *       *       *       *


                       admission of nonimmigrants

    Sec. 214. (a) * * *

           *       *       *       *       *       *       *

    (m)(1) * * *

           *       *       *       *       *       *       *

    (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.

           *       *       *       *       *       *       *


  conditional permanent resident status for certain alien spouses and 
                           sons and daughters

    Sec. 216. (a) * * *

           *       *       *       *       *       *       *

    (e) Treatment of Period for Purposes of Naturalization.--
For purposes of title III, in the case of an alien who is in 
the United States as a lawful permanent resident on a 
conditional basis under this section, the alien shall be 
considered to have been admitted as an alien lawfully admitted 
for permanent residence and to be in the United States as an 
alien lawfully admitted to the United States for permanent 
residence[.], if the alien has had the conditional basis 
removed pursuant to this section.

           *       *       *       *       *       *       *


conditional permanent resident status for certain alien entrepreneurs, 
                         spouses, and children

    Sec. 216A. (a) * * *

           *       *       *       *       *       *       *

    (e) Treatment of Period for Purposes of Naturalization.--
For purposes of title III, in the case of an alien who is in 
the United States as a lawful permanent resident on a 
conditional basis under this section, the alien shall be 
considered to have been admitted as an alien lawfully admitted 
for permanent residence and to be in the United States as an 
alien lawfully admitted to the United States for permanent 
residence[.], if the alien has had the conditional basis 
removed pursuant to this section.

           *       *       *       *       *       *       *


                              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.

Chapter 3--Issuance of Entry Documents

           *       *       *       *       *       *       *


                         applications for visas

    Sec. 222. (a) * * *

           *       *       *       *       *       *       *

    (f) The records of the Department of State and of 
diplomatic and consular offices of the United States pertaining 
to the [issuance or refusal] issuance, refusal, or revocation 
of visas or permits to enter the United States shall be 
considered confidential and shall be used only for the 
formulation, amendment, administration, or enforcement of the 
immigration, nationality, and other laws of the United States, 
except that--
            (1) * * *
            (2) the Secretary of State, in the Secretary's 
        discretion [and on the basis of reciprocity], may 
        provide to a foreign government information in the 
        Department of State's computerized visa lookout 
        database and, when necessary and appropriate, other 
        records covered by this section related to information 
        in the database--
                    (A) with regard to individual aliens, at 
                any time on a case-by-case basis for the 
                purpose of (i) preventing, investigating, or 
                punishing acts that would constitute a crime in 
                the United States, including, but not limited 
                to, terrorism or trafficking in controlled 
                substances, persons, or [illicit weapons; or] 
                illicit weapons, or (ii) determining a person's 
                deportability or eligibility for a visa, 
                admission, or other immigration benefit;
                    (B) with regard to any or all aliens in the 
                database, pursuant to such conditions as the 
                Secretary of State shall establish in an 
                agreement with the foreign government in which 
                that government agrees to use such information 
                and records [for the purposes] for one of the 
                purposes described in subparagraph (A) [or to 
                deny visas to persons who would be inadmissible 
                to the United States.]; or
                    (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.
    (g)(1) In the case of an alien who has been admitted on the 
basis of a nonimmigrant visa and remained in the United States 
beyond the period of stay authorized by the [Attorney General] 
Secretary, such visa and any other nonimmigrant visa issued by 
the United States that is in the possession of the alien shall 
be void beginning after the conclusion of such period of stay.
    (2) An alien described in paragraph (1) shall be ineligible 
to be readmitted to the United States as a nonimmigrant, 
except--
            (A) on the basis of a visa [(other than the visa 
        described in paragraph (1)) issued in a consular office 
        located in the country of the alien's nationality] 
        (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 (or, if there 
        is no office in such country, in such other consular 
        office as the Secretary of State shall specify); or

           *       *       *       *       *       *       *

    (h) Notwithstanding any other provision of this Act, the 
Secretary of State shall require every alien applying for a 
nonimmigrant visa--
            (1) who is at least 14 years of age and not more 
        than 79 years of age to submit to an in person 
        interview with a consular officer unless the alien is 
        determined by the Secretary of State to be ineligible 
        for a visa based upon review of the application or the 
        requirement for such interview is waived--
                    (A) * * *

           *       *       *       *       *       *       *

                    (C) by the Secretary of State if the 
                Secretary, in consultation with the Secretary 
                of Homeland Security, determines that such 
                waiver is--
                            (i) in the national interest of the 
                        United States, 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; or

           *       *       *       *       *       *       *

            (2) notwithstanding paragraph (1), to submit to an 
        in person interview with a consular officer if such 
        alien--
                    (A) * * *

           *       *       *       *       *       *       *

                    (E) requires a security advisory opinion or 
                other Department of State clearance, unless 
                such alien is--
                            (i) * * *

           *       *       *       *       *       *       *

                            (iv) an alien who qualifies for a 
                        diplomatic or official visa, or its 
                        equivalent; [or]
                    (F) is identified as a member of a group or 
                sector that the Secretary of State determines--
                            (i) * * *

           *       *       *       *       *       *       *

                            (iii) poses a security threat to 
                        the United States[.]; or
                    (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.

           *       *       *       *       *       *       *


   Chapter 4--Inspection, Apprehension, Examination, Exclusion, and 
Removal

           *       *       *       *       *       *       *


                  apprehension and detention of aliens

    Sec. 236. (a) Arrest, Detention, and Release.--On a warrant 
issued by the [Attorney General] Secretary of Homeland 
Security, an alien may be arrested and detained pending a 
decision on whether the alien is to be removed from the United 
States. Except as provided in subsection (c) and pending such 
decision, the Secretary of Homeland Security or the Attorney 
General--
            (1) * * *
            (2) may release the alien on--
                    (A) bond of at least $1,500 with security 
                approved by, and containing conditions 
                prescribed by, the [Attorney General] Secretary 
                of Homeland Security; or
                    (B) [conditional parole] recognizance; but

           *       *       *       *       *       *       *

    (b) Revocation of Bond or Parole.--The [Attorney General] 
Secretary of Homeland Security at any time may revoke a bond or 
[parole] recognizance authorized under subsection (a), rearrest 
the alien under the original warrant, and detain the alien.
    (c) Detention of Criminal Aliens.--
            (1) Custody.--The [Attorney General] Secretary of 
        Homeland Security shall take into custody any alien 
        who--
                    (A) * * *

           *       *       *       *       *       *       *

                    (C) is deportable under section 
                237(a)(2)(A)(i) on the basis of an offense for 
                which the alien has been sentence to a term of 
                imprisonment of at least 1 year, [or]
                    (D) is inadmissible under section 
                212(a)(3)(B) or 212(a)(2)(N) or deportable 
                under section 237(a)(2)(H) or 237(a)(4)(B), or
                    (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,
        [when the alien is released, without regard to whether 
        the alien is released on parole, supervised release, or 
        probation, and without regard to whether the alien may 
        be arrested or imprisoned again for the same offense.]
        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.
            (2) Release.--The [Attorney General] Secretary of 
        Homeland Security may release an alien described in 
        paragraph (1) only if the [Attorney General] Secretary 
        of Homeland Security decides pursuant to section 3521 
        of title 18, United States Code, that release of the 
        alien from custody is necessary to provide protection 
        to a witness, a potential witness, a person cooperating 
        with an investigation into major criminal activity, or 
        an immediate family member or close associate of a 
        witness, potential witness, or person cooperating with 
        such an investigation, and the alien satisfies the 
        [Attorney General] Secretary of Homeland Security that 
        the alien will not pose a danger to the safety of other 
        persons or of property and is likely to appear for any 
        scheduled proceeding. A decision relating to such 
        release shall take place in accordance with a procedure 
        that considers the severity of the offense committed by 
        the alien.
    (d) Identification of Criminal Aliens.--(1) The [Attorney 
General] Secretary of Homeland Security shall devise and 
implement a system--
            (A) * * *

           *       *       *       *       *       *       *

    (e) Judicial Review.--The [Attorney General's] Secretary of 
Homeland Security's discretionary judgment regarding the 
application of this section shall not be subject to review. No 
court may set aside any action or decision by the [Attorney 
General] Secretary of Homeland Security under this section 
regarding the detention or release of any alien or the grant, 
revocation, or denial of bond or parole.
    (f) Length of Detention.--
            (1) In general.--Notwithstanding any other 
        provision of this section, an alien may be detained 
        under this section for any period, without limitation, 
        except as provided in subsection (h), until the alien 
        is subject to a final order of removal.
            (2) Construction.--The length of detention under 
        this section shall not affect detention under section 
        241.
    (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.--The Attorney General's review of 
        the Secretary's custody determinations under subsection 
        (a) for aliens in deportation proceedings subject to 
        section 242(a)(2) of the Act (as in effect prior to 
        April 1, 1997, and as amended by section 440(c) of 
        Public Law 104-132) shall be limited to a determination 
        of whether the alien is properly included in such 
        category.
    (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.

           *       *       *       *       *       *       *


                  general classes of deportable aliens

    Sec. 237. (a) Classes of Deportable Aliens.--Any alien 
(including an alien crewman) in and admitted to the United 
States shall, upon the order of the Attorney General, be 
removed if the alien is within one or more of the following 
classes of deportable aliens:
            (1) Inadmissible at time of entry or of adjustment 
        of status or violates status.--
                    (A) * * *
                    (B) Present in violation of law.--Any alien 
                who is present in the United States in 
                violation of this Act or any other law of the 
                United States, or whose nonimmigrant visa (or 
                other documentation authorizing admission into 
                the United States as a nonimmigrant) has been 
                revoked [under section 221(i)], is deportable.

           *       *       *       *       *       *       *

            (2) Criminal offenses.--
                    (A) General crimes.--
                            (i) * * *

           *       *       *       *       *       *       *

                            [(v) Failure to register as a sex 
                        offender.--Any alien who is convicted 
                        under section 2250 of title 18, United 
                        States Code, is deportable.
                            [(vi) Waiver authorized.--Clauses 
                        (i), (ii), and (iii) shall not apply in 
                        the case of an alien with respect to a 
                        criminal conviction if the alien 
                        subsequent to the criminal conviction 
                        has been granted a full and 
                        unconditional pardon by the President 
                        of the United States or by the Governor 
                        of any of the several States.]
                            (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.

           *       *       *       *       *       *       *

                    (E) Crimes of domestic violence, stalking, 
                or violation of protection order, crimes 
                against children and .--
                            (i) * * *

           *       *       *       *       *       *       *

                            (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.

           *       *       *       *       *       *       *

                    (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.
                    (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.
                    (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.
            (3) Failure to register and falsification of 
        documents.--
                    (A) * * *
                    (B) Failure to register or falsification of 
                documents.--Any alien who at any time has been 
                convicted--
                            (i) * * *
                            (ii) of a violation of, or an 
                        attempt or a conspiracy to violate, any 
                        provision of the Foreign Agents 
                        Registration Act of 1938 (22 U.S.C. 611 
                        et seq.), [or]
                            (iii) of a violation of, or an 
                        attempt or a conspiracy to violate, 
                        section 1546 of title 18, United States 
                        Code (relating to fraud and misuse of 
                        visas, permits, and other entry 
                        documents), or
                            (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),
                is deportable.

           *       *       *       *       *       *       *

            (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.

           *       *       *       *       *       *       *


expedited removal of aliens convicted of committing aggravated felonies

    Sec. 238. (a) * * *
    (b) Removal of Aliens Who Are Not Permanent Residents.--
            (1) The [Attorney General] Secretary of Homeland 
        Security in the exercise of discretion may, in the case 
        of an alien described in paragraph (2), determine the 
        deportability of such alien under section 
        237(a)(2)(A)(iii) (relating to conviction of an 
        aggravated felony) and issue an order of removal 
        pursuant to the procedures [set forth in this 
        subsection or] set forth in this subsection, in lieu of 
        removal proceedings under section 240.

           *       *       *       *       *       *       *

            (3) The Secretary of Homeland Security in the 
        exercise of discretion may determine inadmissibility 
        under section 212(a)(2) (relating to criminal offenses) 
        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.
            [(3)] (4) The [Attorney General] Secretary of 
        Homeland Security may not execute any order described 
        in [paragraph (1) until 14 calendar days] paragraph (1) 
        or (3) until 7 calendar days have passed from the date 
        that such order was issued, unless waived by the alien, 
        in order that the alien has an opportunity to apply for 
        judicial review under section 242.
            [(4)] (5) Proceedings before the [Attorney General] 
        Secretary of Homeland Security under this subsection 
        shall be in accordance with such regulations as the 
        [Attorney General] Secretary of Homeland Security shall 
        prescribe. The [Attorney General] Secretary of Homeland 
        Security shall provide that--
                    (A) * * *

           *       *       *       *       *       *       *

            [(5)] (6) No alien [described in this section] 
        described in paragraph (1) or (2) shall be eligible for 
        any relief from removal that [the Attorney General may 
        grant in the Attorney General's discretion] the 
        Secretary of Homeland Security or the Attorney General 
        may grant, in the discretion of the Secretary or 
        Attorney General, in any proceeding.

           *       *       *       *       *       *       *


             cancellation of removal; adjustment of status

    Sec. 240A. (a) * * *

           *       *       *       *       *       *       *

    (c) Aliens Ineligible for Relief.--The provisions of 
subsections (a) and (b)(1) shall not apply to any of the 
following aliens:
            (1) * * *

           *       *       *       *       *       *       *

            (4) An alien who is [inadmissible under] described 
        in section 212(a)(3) or [deportable under] described in 
        section 237(a)(4).

           *       *       *       *       *       *       *


                          voluntary departure

    Sec. 240B. (a) Certain Conditions.--
            [(1) In general.--The Attorney General may permit 
        an alien voluntarily to depart the United States at the 
        alien's own expense under this subsection, in lieu of 
        being subject to proceedings under section 240 or prior 
        to the completion of such proceedings, if the alien is 
        not deportable under section 237(a)(2)(A)(iii) or 
        section 237(a)(4)(B).]
            (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.
            (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.
            [(2)] (3) Period.--
                    [(A) In general.--Subject to subparagraph 
                (B), permission to depart voluntarily under 
                this subsection shall not be valid for a period 
                exceeding 120 days.]
                    (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.
                    (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.
                    [(B)] (C) Three-year pilot program 
                waiver.--During the period October 1, 2000, 
                through September 30, 2003, and subject to 
                [subparagraphs (C) and (D)(ii)] subparagraphs 
                (D) and (E)(ii), the Attorney General may, in 
                the discretion of the Attorney General for 
                humanitarian purposes, waive application of 
                subparagraph (A) in the case of an alien--
                            (i) * * *

           *       *       *       *       *       *       *

                    [(C)] (D) Waiver limitations.--
                            (i) Waivers under subparagraph 
                        [(B)] (C) may be granted only upon a 
                        request submitted by a Service district 
                        office to Service headquarters.
                            (ii) Not more than 300 waivers may 
                        be granted for any fiscal year for a 
                        principal alien under subparagraph 
                        [(B)] (C)(i).
                            (iii)(I) Except as provided in 
                        subclause (II), in the case of each 
                        principal alien described in 
                        subparagraph [(B)] (C)(i) not more than 
                        one adult may be granted a waiver under 
                        subparagraph [(B)] (C)(ii).
                            (II) Not more than two adults may 
                        be granted a waiver under subparagraph 
                        [(B)] (C)(ii) in a case in which--
                                    (aa) the principal alien 
                                described in subparagraph [(B)] 
                                (C)(i) is a dependent under the 
                                age of 18; or

           *       *       *       *       *       *       *

                    [(D)] (E) Report to congress; suspension of 
                waiver authority.--
                            (i) Not later than March 30 of each 
                        year, the Commissioner shall submit to 
                        the Congress an annual report regarding 
                        all waivers granted under [subparagraph 
                        (B)] subparagraph (C) during the 
                        preceding fiscal year.
                            (ii) Notwithstanding any other 
                        provision of law, the authority of the 
                        Attorney General under [subparagraph 
                        (B)] subparagraph (C) shall be 
                        suspended during any period in which an 
                        annual report under clause (i) is past 
                        due and has not been submitted.
            [(3) Bond.--The Attorney General may require an 
        alien permitted to depart voluntarily under this 
        subsection to post a voluntary departure bond, to be 
        surrendered upon proof that the alien has departed the 
        United States within the time specified.]
            (4) Treatment of aliens arriving in the united 
        states.--In the case of an alien who is arriving in the 
        United States and with respect to whom proceedings 
        under section 240 are (or would otherwise be) initiated 
        at the time of such alien's arrival, [paragraph (1)] 
        paragraphs (1) and (2) shall not apply. Nothing in this 
        paragraph shall be construed as preventing such an 
        alien from withdrawing the application for admission in 
        accordance with section 235(a)(4).
    (b) At Conclusion of Proceedings.--
            (1) In general.--The Attorney General may permit an 
        alien voluntarily to depart the United States at the 
        alien's own expense if, at the conclusion of a 
        proceeding under section 240, the immigration judge 
        enters an order granting voluntary departure in lieu of 
        removal and finds that--
                    (A) * * *

           *       *       *       *       *       *       *

                    (C) the alien is not [deportable under 
                section 237(a)(2)(A)(iii) or section 
                237(a)(4);] described in paragraph (2)(A)(iii) 
                or (4) of section 237(a); and

           *       *       *       *       *       *       *

            (2) Period.--Permission to depart voluntarily under 
        this subsection shall not be valid for [a period 
        exceeding 60 days] any period in excess of 45 days.

           *       *       *       *       *       *       *

    [(c) Aliens Not Eligible.--The Attorney General shall not 
permit an alien to depart voluntarily under this section if the 
alien was previously permitted to so depart after having been 
found inadmissible under section 212(a)(6)(A).
    [(d) Civil Penalty for Failure To Depart.--
            [(1) In general.--Subject to paragraph (2), if an 
        alien is permitted to depart voluntarily under this 
        section and voluntarily fails to depart the United 
        States within the time period specified, the alien--
                    [(A) shall be subject to a civil penalty of 
                not less than $1,000 and not more than $5,000; 
                and
                    [(B) shall be ineligible, for a period of 
                10 years, to receive any further relief under 
                this section and sections 240A, 245, 248, and 
                249.
            [(2) Application of vawa protections.--The 
        restrictions on relief under paragraph (1) shall not 
        apply to relief under section 240A or 245 on the basis 
        of a petition filed by a VAWA self-petitioner, or a 
        petition filed under section 240A(b)(2), or under 
        section 244(a)(3) (as in effect prior to March 31, 
        1997), if the extreme cruelty or battery was at least 
        one central reason for the alien's overstaying the 
        grant of voluntary departure.
            [(3) Notice of penalties.--The order permitting an 
        alien to depart voluntarily shall inform the alien of 
        the penalties under this subsection.
    [(e) Additional Conditions.--The Attorney General may by 
regulation limit eligibility for voluntary departure under this 
section for any class or classes of aliens. No court may review 
any regulation issued under this subsection.]
    (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.
    (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.
    (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.
    (f) Judicial Review.--No court shall have jurisdiction over 
an appeal from denial of a request for an order of voluntary 
departure under subsection (b), nor shall any court order a 
stay of an alien's removal pending consideration of any claim 
with respect to voluntary departure. 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.

           *       *       *       *       *       *       *


  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 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 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.

            detention and removal of aliens ordered removed

    Sec. 241. (a) Detention, Release, and Removal of Aliens 
Ordered Removed.--
            (1) Removal period.--
                    (A) In general.--Except as otherwise 
                provided in this section, when an alien is 
                ordered removed, the [Attorney General] 
                Secretary of Homeland Security shall remove the 
                alien from the United States within a period of 
                90 days (in this section referred to as the 
                ``removal period'').
                    [(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 removal order is 
                        judicially reviewed and if a court 
                        orders a stay of the removal of the 
                        alien, the date of the court's final 
                        order.
                            [(iii) If the alien is detained or 
                        confined (except under an immigration 
                        process), the date the alien is 
                        released from detention or confinement.
                    [(C) Suspension of period.--The removal 
                period shall be extended beyond a period of 90 
                days and the alien may remain in detention 
                during such extended period if the alien fails 
                or refuses to make 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 subject to an 
                order of removal.]
                    (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.
                    (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.
            (2) Detention.--During the removal period, the 
        [Attorney General] Secretary of Homeland Security shall 
        detain the alien. Under no circumstance during the 
        removal period shall the [Attorney General] Secretary 
        of Homeland Security release an alien who has been 
        found inadmissible under section 212(a)(2) or 
        212(a)(3)(B) or deportable under section 237(a)(2) or 
        237(a)(4)(B).
            (3) Supervision after 90-day period.--If the alien 
        does not leave or is not removed within the removal 
        period or is not detained pursuant to paragraph (6) of 
        this subsection, the alien, pending removal, shall be 
        subject to supervision under regulations prescribed by 
        the [Attorney General] Secretary of Homeland Security. 
        The regulations shall include provisions requiring the 
        alien--
                    (A) * * *

           *       *       *       *       *       *       *

                    (C) to give information under oath about 
                the alien's nationality, circumstances, habits, 
                associations, and activities, and other 
                information the [Attorney General] Secretary of 
                Homeland Security considers appropriate; and
                    [(D) to obey reasonable written 
                restrictions on the alien's conduct or 
                activities that the Attorney General prescribes 
                for the alien.]
                    (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.
            (4) Aliens imprisoned, arrested, or on parole, 
        supervised release, or probation.--
                    (A) In general.--Except as provided in 
                section 343(a) of the Public Health Service Act 
                (42 U.S.C. 259(a)) and [paragraph (2)] 
                subparagraph (B), the [Attorney General] 
                Secretary of Homeland Security may not remove 
                an alien who is sentenced to imprisonment until 
                the alien is released from imprisonment. 
                Parole, supervised release, probation, or 
                possibility of arrest or further imprisonment 
                is not a reason to defer removal.
                    (B) Exception for removal of nonviolent 
                offenders prior to completion of sentence of 
                imprisonment.--The [Attorney General] Secretary 
                of Homeland Security is authorized to remove an 
                alien in accordance with applicable procedures 
                under this Act before the alien has completed a 
                sentence of imprisonment--
                            (i) in the case of an alien in the 
                        custody of the Attorney General, if the 
                        [Attorney General] Secretary of 
                        Homeland Security determines that (I) 
                        the alien is confined pursuant to a 
                        final conviction for a nonviolent 
                        offense (other than an offense related 
                        to smuggling or harboring of aliens or 
                        an offense described in section 
                        101(a)(43)(B), (C), (E), (I), or (L) 
                        and (II) the removal of the alien is 
                        appropriate and in the best interest of 
                        the United States; or
                            (ii) in the case of an alien in the 
                        custody of a State (or a political 
                        subdivision of a State), if the chief 
                        State official exercising authority 
                        with respect to the incarceration of 
                        the alien determines that (I) the alien 
                        is confined pursuant to a final 
                        conviction for a nonviolent offense 
                        (other than an offense described in 
                        section 101(a)(43)(C) or (E)), (II) the 
                        removal is appropriate and in the best 
                        interest of the State, and (III) 
                        submits a written request to the 
                        [Attorney General] Secretary of 
                        Homeland Security that such alien be so 
                        removed.

           *       *       *       *       *       *       *

            [(5) Reinstatement of removal orders against aliens 
        illegally reentering.--If the Attorney General finds 
        that an alien has reentered the United States illegally 
        after having been removed or having departed 
        voluntarily, under an order of removal, the prior order 
        of removal is reinstated from its original date and is 
        not subject to being reopened or reviewed, the alien is 
        not eligible and may not apply for any relief under 
        this Act, and the alien shall be removed under the 
        prior order at any time after the reentry.
            [(6) Inadmissible or criminal aliens.--An alien 
        ordered removed who is inadmissible under section 212, 
        removable under section 237(a)(1)(C), 237(a)(2), or 
        237(a)(4) or who has been determined by the Attorney 
        General to be a risk to the community or unlikely to 
        comply with the order of removal, may be detained 
        beyond the removal period and, if released, shall be 
        subject to the terms of supervision in paragraph (3).]
            (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.
            (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.
            (7) Employment authorization.--No alien ordered 
        removed shall be eligible to receive authorization to 
        be employed in the United States unless the [Attorney 
        General] Secretary of Homeland Security makes a 
        specific finding that--
                    (A) * * *

           *       *       *       *       *       *       *

    (b) Countries to Which Aliens May Be Removed.--
            (1) * * *

           *       *       *       *       *       *       *

            (3) Restriction on removal to a country where 
        alien's life or freedom would be threatened.--
                    (A) * * *
                    (B) Exception.--Subparagraph (A) does not 
                apply to an alien who is described in section 
                212(a)(2)(N)(i) or section 237(a)(2)(H)(i) or 
                who is deportable under section 237(a)(4)(D) or 
                if the Attorney General or the Secretary of 
                Homeland Security decides that--
                            (i) * * *

           *       *       *       *       *       *       *

                            (iii) there are serious reasons to 
                        believe that the alien committed a 
                        serious nonpolitical crime outside the 
                        United States before the alien arrived 
                        in the United States; [or]
                            (iv) there are reasonable grounds 
                        to believe that the alien is a danger 
                        to the security of the United 
                        States[.]; or
                            (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.
                For purposes of clause (ii), an alien who has 
                been convicted of an aggravated felony (or 
                felonies) for which the alien has been 
                sentenced to an aggregate term of imprisonment 
                of at least 5 years shall be considered to have 
                committed a particularly serious crime. The 
                previous sentence shall not preclude the 
                Attorney General or the Secretary of Homeland 
                Security from determining that, notwithstanding 
                the length of sentence imposed, an alien has 
                been convicted of a particularly serious crime. 
                [For purposes of clause (iv), an alien who is 
                described in section 237(a)(4)(B) shall be 
                considered to be an alien with respect to whom 
                there are reasonable grounds for regarding as a 
                danger to the security of the United States.]

           *       *       *       *       *       *       *

    (g) Places of Detention.--
            (1) In general.--The Attorney General shall arrange 
        for appropriate places of detention for aliens detained 
        pending removal or a decision on removal. When United 
        States Government facilities are unavailable or 
        facilities adapted or suitably located for detention 
        are unavailable for rental, the Attorney General [may 
        expend] shall expend from the appropriation 
        ``Immigration and Naturalization Service--Salaries and 
        Expenses'', without regard to section 3709 of the 
        Revised Statutes (41 U.S.C. 5), amounts necessary to 
        acquire land and to acquire, build, remodel, repair, 
        and operate facilities (including living quarters for 
        immigration officers if not otherwise available) 
        necessary for detention.

           *       *       *       *       *       *       *

    (i) Incarceration.--
            (1) If the chief executive officer of a State (or, 
        if appropriate, a political subdivision of the State) 
        exercising authority with respect to the incarceration 
        of an undocumented criminal alien submits a written 
        request to the [Attorney General] Secretary of Homeland 
        Security, the [Attorney General] Secretary shall, as 
        determined by the [Attorney General] Secretary--
                    (A) * * *

           *       *       *       *       *       *       *

            (2) Compensation under paragraph (1)(A) shall be 
        the average cost of incarceration of a prisoner in the 
        relevant State as determined by the [Attorney General] 
        Secretary.
            (3) For purposes of this subsection, the term 
        ``undocumented criminal alien'' means an alien who--
                    (A) has been charged with or convicted of a 
                felony or two or more misdemeanors; and
                    (B)(i) entered the United States without 
                inspection or at any time or place other than 
                as designated by the [Attorney General] 
                Secretary;

           *       *       *       *       *       *       *

            (4)(A) In carrying out paragraph (1), the [Attorney 
        General] Secretary shall give priority to the Federal 
        incarceration of undocumented criminal aliens who have 
        committed aggravated felonies.
            (B) The [Attorney General] Secretary shall ensure 
        that undocumented criminal aliens incarcerated in 
        Federal facilities pursuant to this subsection are held 
        in facilities which provide a level of security 
        appropriate to the crimes for which they were 
        convicted.
            [(5) There are authorized to be appropriated to 
        carry out this subsection--
                    [(A) $750,000,000 for fiscal year 2006;
                    [(B) $850,000,000 for fiscal year 2007; and
                    [(C) $950,000,000 for each of the fiscal 
                years 2008 through 2011.]
            (5) There are authorized to be appropriated to 
        carry out this subsection such sums as may be necessary 
        for fiscal year 2014 and each subsequent fiscal year.

           *       *       *       *       *       *       *


                  judicial review of orders of removal

    Sec. 242. (a) * * *

           *       *       *       *       *       *       *

    (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.

                      penalties related to removal

    Sec. 243. (a) Penalty for Failure To Depart.--
            (1) In general.--Any alien against whom a final 
        order of removal is outstanding by reason of being a 
        member of any of the classes described in section 
        212(a) or 237(a), who--
                    (A) * * *

           *       *       *       *       *       *       *

            [(3) Suspension.--The court may for good cause 
        suspend the sentence of an alien under this subsection 
        and order the alien's release under such conditions as 
        the court may prescribe. In determining whether good 
        cause has been shown to justify releasing the alien, 
        the court shall take into account such factors as--
                    [(A) the age, health, and period of 
                detention of the alien;
                    [(B) the effect of the alien's release upon 
                the national security and public peace or 
                safety;
                    [(C) the likelihood of the alien's resuming 
                or following a course of conduct which made or 
                would make the alien deportable;
                    [(D) the character of the efforts made by 
                such alien himself and by representatives of 
                the country or countries to which the alien's 
                removal is directed to expedite the alien's 
                departure from the United States;
                    [(E) the reason for the inability of the 
                Government of the United States to secure 
                passports, other travel documents, or removal 
                facilities from the country or countries to 
                which the alien has been ordered removed; and
                    [(F) the eligibility of the alien for 
                discretionary relief under the immigration 
                laws.]

           *       *       *       *       *       *       *


                       temporary protected status

    Sec. 244. (a) Granting of Status.--
            (1) In general.--In the case of an alien who is a 
        national of a foreign state designated under subsection 
        (b) (or in the case of an alien having no nationality, 
        is a person who last habitually resided in such 
        designated state) and who meets the requirements of 
        subsection (c), the [Attorney General] Secretary of 
        Homeland Security, in accordance with this section--
                    (A) * * *

           *       *       *       *       *       *       *

            (3) Notice.--
                    (A) Upon the granting of temporary 
                protected status under this section, the 
                [Attorney General] Secretary of Homeland 
                Security shall provide the alien with 
                information concerning such status under this 
                section.
                    (B) If, at the time of initiation of a 
                removal proceeding against an alien, the 
                foreign state (of which the alien is a 
                national) is designated under subsection (b), 
                the [Attorney General] Secretary of Homeland 
                Security shall promptly notify the alien of the 
                temporary protected status that may be 
                available under this section.
                    (C) If, at the time of designation of a 
                foreign state under subsection (b), an alien 
                (who is a national of such state) is in a 
                removal proceeding under this title, the 
                [Attorney General] Secretary of Homeland 
                Security shall promptly notify the alien of the 
                temporary protected status that may be 
                available under this section.

           *       *       *       *       *       *       *

            (4) Temporary treatment for eligible aliens.--
                    (A) In the case of an alien who can 
                establish a prima facie case of eligibility for 
                benefits under paragraph (1), but for the fact 
                that the period of registration under 
                subsection (c)(1)(A)(iv) has not begun, until 
                the alien has had a reasonable opportunity to 
                register during the first 30 days of such 
                period, the [Attorney General] Secretary of 
                Homeland Security shall provide for the 
                benefits of paragraph (1).

           *       *       *       *       *       *       *

            (5) Clarification.--Nothing in this section shall 
        be construed as authorizing the [Attorney General] 
        Secretary of Homeland Security to deny temporary 
        protected status to an alien based on the alien's 
        immigration status or to require any alien, as a 
        condition of being granted such status, either to 
        relinquish nonimmigrant or other status the alien may 
        have or to execute any waiver of other rights under 
        this Act. The granting of temporary protected status 
        under this section shall not be considered to be 
        inconsistent with the granting of nonimmigrant status 
        under this Act.
    (b) Designations.--
            (1) In General.--The [Attorney General] Secretary 
        of Homeland Security, after consultation with 
        appropriate agencies of the Government, may designate 
        any foreign state (or any part of such foreign state) 
        under this subsection only if--
                    (A) the [Attorney General] Secretary of 
                Homeland Security finds that there is an 
                ongoing armed conflict within the state and, 
                due to such conflict, requiring the return of 
                aliens who are nationals of that state to that 
                state (or to the part of the state) would pose 
                a serious threat to their personal safety;
                    (B) the [Attorney General] Secretary of 
                Homeland Security finds that--
                            (i) * * *

           *       *       *       *       *       *       *

                    (C) the [Attorney General] Secretary of 
                Homeland Security finds that there exist 
                extraordinary and temporary conditions in the 
                foreign state that prevent aliens who are 
                nationals of the state from returning to the 
                state in safety, unless the [Attorney General] 
                Secretary of Homeland Security finds that 
                permitting the aliens to remain temporarily in 
                the United States is contrary to the national 
                interest of the United States.
        A designation of a foreign state (or part of such 
        foreign state) under this paragraph shall not become 
        effective unless notice of the designation (including a 
        statement of the findings under this paragraph and the 
        effective date of the designation) is published in the 
        Federal Register. In such notice, the [Attorney 
        General] Secretary of Homeland Security shall also 
        state an estimate of the number of nationals of the 
        foreign state designated who are (or within the 
        effective period of the designation are likely to 
        become) eligible for temporary protected status under 
        this section and their immigration status in the United 
        States.
            (2) Effective period of designation for foreign 
        states.--The designation of a foreign state (or part of 
        such foreign state) under paragraph (1) shall--
                    (A) take effect upon the date of 
                publication of the designation under such 
                paragraph, or such later date as the [Attorney 
                General] Secretary of Homeland Security may 
                specify in the notice published under such 
                paragraph, and

           *       *       *       *       *       *       *

        For purposes of this section, the initial period of 
        designation of a foreign state (or part thereof) under 
        paragraph (1) is the period, specified by the [Attorney 
        General] Secretary of Homeland Security, of not less 
        than 6 months and not more than 18 months.
            (3) Periodic review, terminations, and extensions 
        of designations.--
                    (A) Periodic review.--At least 60 days 
                before end of the initial period of 
                designation, and any extended period of 
                designation, of a foreign state (or part 
                thereof) under this section the [Attorney 
                General] Secretary of Homeland Security, after 
                consultation with appropriate agencies of the 
                Government, shall review the conditions in the 
                foreign state (or part of such foreign state) 
                for which a designation is in effect under this 
                subsection and shall determine whether the 
                conditions for such designation under this 
                subsection continue to be met. The [Attorney 
                General] Secretary of Homeland Security shall 
                provide on a timely basis for the publication 
                of notice of each such determination (including 
                the basis for the determination, and, in the 
                case of an affirmative determination, the 
                period of extension of designation under 
                subparagraph (C)) in the Federal Register.
                    (B) Termination of designation.--If the 
                [Attorney General] Secretary of Homeland 
                Security determines under subparagraph (A) that 
                a foreign state (or part of such foreign state) 
                no longer continues to meet the conditions for 
                designation under paragraph (1), the [Attorney 
                General] Secretary of Homeland Security shall 
                terminate the designation by publishing notice 
                in the Federal Register of the determination 
                under this subparagraph (including the basis 
                for the determination). Such termination is 
                effective in accordance with subsection (d)(3), 
                but shall not be effective earlier than 60 days 
                after the date the notice is published or, if 
                later, the expiration of the most recent 
                previous extension under subparagraph (C).
                    (C) Extension of designation.--If the 
                [Attorney General] Secretary of Homeland 
                Security does not determine under subparagraph 
                (A) that a foreign state (or part of such 
                foreign state) no longer meets the conditions 
                for designation under paragraph (1), the period 
                of designation of the foreign state is extended 
                for an additional period of 6 months (or, in 
                the discretion of the [Attorney General] 
                Secretary of Homeland Security, a period of 12 
                or 18 months).
            (4) Information concerning protected status at time 
        of designations.--At the time of a designation of a 
        foreign state under this subsection, the [Attorney 
        General] Secretary of Homeland Security shall make 
        available information respecting the temporary 
        protected status made available to aliens who are 
        nationals of such designated foreign state.
            (5) Review.--
                    (A) Designations.--There is no judicial 
                review of any determination of the [Attorney 
                General] Secretary of Homeland Security with 
                respect to the designation, or termination or 
                extension of a designation, of a foreign state 
                under this subsection.
                    (B) Application to individuals.--The 
                [Attorney General] Secretary of Homeland 
                Security shall establish an administrative 
                procedure for the review of the denial of 
                benefits to aliens under this subsection. Such 
                procedure shall not prevent an alien from 
                asserting protection under this section in 
                removal proceedings if the alien demonstrates 
                that the alien is a national of a state 
                designated under paragraph (1).
    (c) Aliens Eligible for Temporary Protected Status.--
            (1) In general.--
                    (A) Nationals of designated foreign 
                states.--Subject to paragraph (3), an alien, 
                who is a national of a state designated under 
                subsection (b)(1) (or in the case of an alien 
                having no nationality, is a person who last 
                habitually resided in such designated state), 
                meets the requirements of this paragraph only 
                if--
                            (i) * * *
                            (ii) the alien has continuously 
                        resided in the United States since such 
                        date as the [Attorney General] 
                        Secretary of Homeland Security may 
                        designate;

           *       *       *       *       *       *       *

                            (iv) to the extent and in a manner 
                        which the [Attorney General] Secretary 
                        of Homeland Security establishes, the 
                        alien registers for the temporary 
                        protected status under this section 
                        during a registration period of not 
                        less than 180 days.
                    (B) Registration fee.--The [Attorney 
                General] Secretary of Homeland Security may 
                require payment of a reasonable fee as a 
                condition of registering an alien under 
                subparagraph (A)(iv) (including providing an 
                alien with an ``employment authorized'' 
                endorsement or other appropriate work permit 
                under this section). The amount of any such fee 
                shall not exceed $50. In the case of aliens 
                registered pursuant to a designation under this 
                section made after July 17, 1991, the [Attorney 
                General] Secretary of Homeland Security may 
                impose a separate, additional fee for providing 
                an alien with documentation of work 
                authorization. Notwithstanding section 3302 of 
                title 31, United States Code, all fees 
                collected under this subparagraph shall be 
                credited to the appropriation to be used in 
                carrying out this section.
            (2) Eligibility standards.--
                    (A) Waiver of certain grounds for 
                inadmissibility.--In the determination of an 
                alien's admissibility for purposes of 
                subparagraph (A)(iii) of paragraph (1)--
                            (i) * * *
                            (ii) except as provided in clause 
                        (iii), the [Attorney General] Secretary 
                        of Homeland Security may waive any 
                        other provision of section 212(a) in 
                        the case of individual aliens for 
                        humanitarian purposes, to assure family 
                        unity, or when it is otherwise in the 
                        public interest; but
                            (iii) the [Attorney General] 
                        Secretary of Homeland Security may not 
                        waive--
                                    (I) * * *

           *       *       *       *       *       *       *

                    (B) Aliens ineligible.--An alien shall not 
                be eligible for temporary protected status 
                under this section if the [Attorney General] 
                Secretary of Homeland Security finds that--
                            (i) the alien has been convicted of 
                        any felony or 2 or more misdemeanors 
                        committed in the United States, [or]
                            (ii) the alien is described in 
                        section 208(b)(2)(A)[.]; or
                            (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)).
            (3) Withdrawal of temporary protected status.--The 
        [Attorney General] Secretary of Homeland Security shall 
        withdraw temporary protected status granted to an alien 
        under this section if--
                    (A) the [Attorney General] Secretary of 
                Homeland Security finds that the alien was not 
                in fact eligible for such status under this 
                section,

           *       *       *       *       *       *       *

                    (C) the alien fails, without good cause, to 
                register with the [Attorney General] Secretary 
                of Homeland Security annually, at the end of 
                each 12-month period after the granting of such 
                status, in a form and manner specified by the 
                [Attorney General] Secretary of Homeland 
                Security.
            (4) Treatment of brief, casual, and innocent 
        departures and certain other absences.--
                    (A) For purposes of paragraphs (1)(A)(i) 
                and (3)(B), an alien shall not be considered to 
                have failed to maintain continuous physical 
                presence in the United States by virtue of 
                brief, casual, and innocent absences from the 
                United States, without regard to whether such 
                absences were authorized by the [Attorney 
                General] Secretary of Homeland Security.

           *       *       *       *       *       *       *

            (6) Confidentiality of information.--The [Attorney 
        General] Secretary of Homeland Security shall establish 
        procedures to protect the confidentiality of 
        information provided by aliens under this section.
    (d) Documentation.--
            (1) Initial issuance.--Upon the granting of 
        temporary protected status to an alien under this 
        section, the [Attorney General] Secretary of Homeland 
        Security shall provide for the issuance of such 
        temporary documentation and authorization as may be 
        necessary to carry out the purposes of this section.
            (2) Period of validity.--Subject to paragraph (3), 
        such documentation shall be valid during the initial 
        period of designation of the foreign state (or part 
        thereof) involved and any extension of such period. The 
        [Attorney General] Secretary of Homeland Security may 
        stagger the periods of validity of the documentation 
        and authorization in order to provide for an orderly 
        renewal of such documentation and authorization and for 
        an orderly transition (under paragraph (3)) upon the 
        termination of a designation of a foreign state (or any 
        part of such foreign state).
            [(3) Effective date of terminations.--If the 
        Attorney General terminates the designation of a 
        foreign state (or part of such foreign state) under 
        subsection (b)(3)(B), such termination shall only apply 
        to documentation and authorization issued or renewed 
        after the effective date of the publication of notice 
        of the determination under that subsection (or, at the 
        Attorney General's option, after such period after the 
        effective date of the determination as the Attorney 
        General determines to be appropriate in order to 
        provide for an orderly transition).]
            (4) Detention of the alien.--An alien provided 
        temporary protected status under this section shall not 
        be detained by the [Attorney General] Secretary of 
        Homeland Security on the basis of the alien's 
        immigration status in the United States. The Secretary 
        of Homeland Security may detain an alien provided 
        temporary protected status under this section whenever 
        appropriate under any other provision of law.
    (e) Relation of Period of Temporary Protected Status to 
Cancellation of Removal.--With respect to an alien granted 
temporary protected status under this section, the period of 
such status shall not be counted as a period of physical 
presence in the United States for purposes of section 240A(a), 
unless the [Attorney General] Secretary of Homeland Security 
determines that extreme hardship exists. Such period shall not 
cause a break in the continuity of residence of the period 
before and after such period for purposes of such section.
    (f) Benefits and Status During Period of Temporary 
Protected Status.--During a period in which an alien is granted 
temporary protected status under this section--
            (1) * * *

           *       *       *       *       *       *       *

            (3) the alien may travel abroad with the prior 
        consent of the [Attorney General] Secretary of Homeland 
        Security; and

           *       *       *       *       *       *       *

    (g) Exclusive Remedy.--Except as otherwise specifically 
provided, this section shall constitute the exclusive authority 
of the [Attorney General] Secretary of Homeland Security under 
law to permit aliens who are or may become otherwise deportable 
or have been paroled into the United States to remain in the 
United States temporarily because of their particular 
nationality or region of foreign state of nationality.

           *       *       *       *       *       *       *

    (i) Annual Report and Review.--
            (1) Annual report.--Not later than March 1 of each 
        year (beginning with 1992), the [Attorney General] 
        Secretary of Homeland Security, after consultation with 
        the appropriate agencies of the Government, shall 
        submit a report to the Committees on the Judiciary of 
        the House of Representatives and of the Senate on the 
        operation of this section during the previous year. 
        Each report shall include--
                    (A) * * *

           *       *       *       *       *       *       *


Chapter 5--Adjustment and Change of Status

           *       *       *       *       *       *       *


  ADJUSTMENT OF STATUS OF CERTAIN ENTRANTS BEFORE JANUARY 1, 1982, TO 
              THAT OF PERSON ADMITTED FOR LAWFUL RESIDENCE

    Sec. 245A. (a) * * *

           *       *       *       *       *       *       *

    (c) Applications for Adjustment of Status.--
            (1) * * *

           *       *       *       *       *       *       *

            (5) Confidentiality of information.--
                    (A) In general.--Except as provided in this 
                paragraph, neither the [Attorney General] 
                Secretary of Homeland Security, nor any other 
                official or employee of the [Department of 
                Justice,] Department of Homeland Security, or 
                bureau or agency thereof, may--
                            (i) * * *

           *       *       *       *       *       *       *

                    (B) Required disclosures.--The [Attorney 
                General] Secretary of Homeland Security shall 
                provide the information furnished under this 
                section, and any other information derived from 
                such furnished information, to a duly 
                recognized law enforcement entity in connection 
                with a criminal investigation or prosecution, 
                when such information is requested in writing 
                by such entity, or to an official coroner for 
                purposes of affirmatively identifying a 
                deceased individual (whether or not such 
                individual is deceased as a result of a crime).
                    [(C) Authorized disclosures.--The Attorney 
                General may provide, in the Attorney General's 
                discretion, for the furnishing of information 
                furnished under this section in the same manner 
                and circumstances as census information may be 
                disclosed by the Secretary of Commerce under 
                section 8 of title 13, United States Code.]
                    (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.
                    (D) Construction.--
                            (i) In general.--Nothing in this 
                        paragraph shall be construed to limit 
                        the use, or release, for immigration 
                        enforcement purposes or law enforcement 
                        purposes of information contained in 
                        files or records of the [Service] 
                        Department of Homeland Security 
                        pertaining to an application filed 
                        under this section, other than 
                        information furnished by an applicant 
                        pursuant to the application, or any 
                        other information derived from the 
                        application, that is not available from 
                        any other source.

           *       *       *       *       *       *       *


  [RECORD OF ADMISSION FOR PERMANENT RESIDENCE IN THE CASE OF CERTAIN 
 ALIENS WHO ENTERED THE UNITED STATES PRIOR TO JULY 1, 1924 OR JANUARY 
                                1, 1972

    [Sec. 249. A record of lawful admission for permanent 
residence may, in the discretion of the Attorney General and 
under such regulations as he may prescribe, be made in the case 
of any alien, as of the date of the approval of his application 
or, if entry occurred prior to July 1, 1924, as of the date of 
such entry, if no such record is otherwise available and such 
alien shall satisfy the Attorney General that he is not 
inadmissible under section 212(a)(3)(E) or under section 212(a) 
insofar as it relates to criminals, procurers and other immoral 
persons, subversives, violators of the narcotic laws or 
smugglers of aliens, and he establishes that he--
            [(a) entered the United States prior to January 1, 
        1972;
            [(b) has had his residence in the United States 
        continuously since such entry;
            [(c) is a person of good moral character; and
            [(d) is not ineligible to citizenship and is not 
        deportable under section 237(a)(4)(B).]

  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.

           *       *       *       *       *       *       *


Chapter 8--General Penalty Provisions

           *       *       *       *       *       *       *


               [bringing in and harboring certain aliens

    [Sec. 274. (a) Criminal Penalties.--(1)(A) Any person who--
            [(i) knowing that a person is an alien, brings to 
        or attempts to bring to the United States in any manner 
        whatsoever such person at a place other than a 
        designated port of entry or place other than as 
        designated by the Commissioner, regardless of whether 
        such alien has received prior official authorization to 
        come to, enter, or reside in the United States and 
        regardless of any future official action which may be 
        taken with respect to such alien;
            [(ii) knowing or in reckless disregard of the fact 
        that an alien has come to, entered, or remains in the 
        United States in violation of law, transports, or moves 
        or attempts to transport or move such alien within the 
        United States by means of transportation or otherwise, 
        in furtherance of such violation of law;
            [(iii) knowing or in reckless disregard of the fact 
        that an alien has come to, entered, or remains in the 
        United States in violation of law, conceals, harbors, 
        or shields from detection, or attempts to conceal, 
        harbor, or shield from detection, such alien in any 
        place, including any building or any means of 
        transportation;
            [(iv) encourages or induces an alien to come to, 
        enter, or reside in the United States, knowing or in 
        reckless disregard of the fact that such coming to, 
        entry, or residence is or will be in violation of law; 
        or
            [(v)(I) engages in any conspiracy to commit any of 
        the preceding acts, or
            [(II) aids or abets the commission of any of the 
        preceding acts,
shall be punished as provided in subparagraph (B).
    [(B) A person who violates subparagraph (A) shall, for each 
alien in respect to whom such a violation occurs--
            [(i) in the case of a violation of subparagraph 
        (A)(i) or (v)(I) or in the case of a violation of 
        subparagraph (A)(ii), (iii), or (iv) in which the 
        offense was done for the purpose of commercial 
        advantage or private financial gain, be fined under 
        title 18, United States Code, imprisoned not more than 
        10 years, or both;
            [(ii) in the case of a violation of subparagraph 
        (A) (ii), (iii), (iv), or (v)(II) be fined under title 
        18, United States Code, imprisoned not more than 5 
        years, or both;
            [(iii) in the case of a violation of subparagraph 
        (A) (i), (ii), (iii), (iv), or (v) during and in 
        relation to which the person causes serious bodily 
        injury (as defined in section 1365 of title 18, United 
        States Code) to, or places in jeopardy the life of, any 
        person, be fined under title 18, United States Code, 
        imprisoned not more than 20 years, or both; and
            [(iv) in the case of a violation of subparagraph 
        (A) (i), (ii), (iii), (iv), or (v) resulting in the 
        death of any person, be punished by death or imprisoned 
        for any term of years or for life, fined under title 
        18, United States Code, or both.
                    [(C) It is not a violation of clauses (ii) 
                or (iii) of subparagraph (A), or of clause (iv) 
                of subparagraph (A) except where a person 
                encourages or induces an alien to come to or 
                enter the United States, for a religious 
                denomination having a bona fide nonprofit, 
                religious organization in the United States, or 
                the agents or officers of such denomination or 
                organization, to encourage, invite, call, 
                allow, or enable an alien who is present in the 
                United States to perform the vocation of a 
                minister or missionary for the denomination or 
                organization in the United States as a 
                volunteer who is not compensated as an 
                employee, notwithstanding the provision of 
                room, board, travel, medical assistance, and 
                other basic living expenses, provided the 
                minister or missionary has been a member of the 
                denomination for at least one year.
    [(2) Any person who, knowing or in reckless disregard of 
the fact that an alien has not received prior official 
authorization to come to, enter, or reside in the United 
States, brings to or attempts to bring to the United States in 
any manner whatsoever, such alien, regardless of any official 
action which may later be taken with respect to such alien 
shall, for each alien in respect to whom a violation of this 
paragraph occurs--
            [(A) be fined in accordance with title 18, United 
        States Code, or imprisoned not more than one year, or 
        both; or
            [(B) in the case of--
                    [(i) an offense committed with the intent 
                or with reason to believe that the alien 
                unlawfully brought into the United States will 
                commit an offense against the United States or 
                any State punishable by imprisonment for more 
                than 1 year,
                    [(ii) an offense done for the purpose of 
                commercial advantage or private financial gain, 
                or
                    [(iii) an offense in which the alien is not 
                upon arrival immediately brought and presented 
                to an appropriate immigration officer at a 
                designated port of entry,
        be fined under title 18, United States Code, and shall 
        be imprisoned, in the case of a first or second 
        violation of subparagraph (B)(iii), not more than 10 
        years, in the case of a first or second violation of 
        subparagraph (B)(i) or (B)(ii), not less than 3 nor 
        more than 10 years, and for any other violation, not 
        less than 5 nor more than 15 years.
    [(3)(A) Any person who, during any 12-month period, 
knowingly hires for employment at least 10 individuals with 
actual knowledge that the individuals are aliens described in 
subparagraph (B) shall be fined under title 18, United States 
Code, or imprisoned for not more than 5 years, or both.
    [(B) An alien described in this subparagraph is an alien 
who--
            [(i) is an unauthorized alien (as defined in 
        section 274A(h)(3)), and
            [(ii) has been brought into the United States in 
        violation of this subsection.
    [(4) In the case of a person who has brought aliens into 
the United States in violation of this subsection, the sentence 
otherwise provided for may be increased by up to 10 years if--
            [(A) the offense was part of an ongoing commercial 
        organization or enterprise;
            [(B) aliens were transported in groups of 10 or 
        more; and
            [(C)(i) aliens were transported in a manner that 
        endangered their lives; or
            [(ii) the aliens presented a life-threatening 
        health risk to people in the United States.
    [(b) Seizure and Forfeiture.--
            [(1) In general.--Any conveyance, including any 
        vessel, vehicle, or aircraft, that has been or is being 
        used in the commission of a violation of subsection 
        (a), the gross proceeds of such violation, and any 
        property traceable to such conveyance or proceeds, 
        shall be seized and subject to forfeiture.
            [(2) Applicable procedures.--Seizures and 
        forfeitures under this subsection shall be governed by 
        the provisions of chapter 46 of title 18, United States 
        Code, relating to civil forfeitures, including section 
        981(d) of such title, except that such duties as are 
        imposed upon the Secretary of the Treasury under the 
        customs laws described in that section shall be 
        performed by such officers, agents, and other persons 
        as may be designated for that purpose by the Attorney 
        General.
            [(3) Prima facie evidence in determinations of 
        violations.--In determining whether a violation of 
        subsection (a) has occurred, any of the following shall 
        be prima facie evidence that an alien involved in the 
        alleged violation had not received prior official 
        authorization to come to, enter, or reside in the 
        United States or that such alien had come to, entered, 
        or remained in the United States in violation of law:
                    [(A) Records of any judicial or 
                administrative proceeding in which that alien's 
                status was an issue and in which it was 
                determined that the alien had not received 
                prior official authorization to come to, enter, 
                or reside in the United States or that such 
                alien had come to, entered, or remained in the 
                United States in violation of law.
                    [(B) Official records of the Service or of 
                the Department of State showing that the alien 
                had not received prior official authorization 
                to come to, enter, or reside in the United 
                States or that such alien had come to, entered, 
                or remained in the United States in violation 
                of law.
                    [(C) Testimony, by an immigration officer 
                having personal knowledge of the facts 
                concerning that alien's status, that the alien 
                had not received prior official authorization 
                to come to, enter, or reside in the United 
                States or that such alien had come to, entered, 
                or remained in the United States in violation 
                of law.
    [(c) No officer or person shall have authority to make any 
arrest for a violation of any provision of this section except 
officers and employees of the Service designated by the 
Attorney General, either individually or as a member of a 
class, and all other officers whose duty it is to enforce 
criminal laws.
    [(d) Notwithstanding any provision of the Federal Rules of 
Evidence, the videotaped (or otherwise audiovisually preserved) 
deposition of a witness to a violation of subsection (a) who 
has been deported or otherwise expelled from the United States, 
or is otherwise unable to testify, may be admitted into 
evidence in an action brought for that violation if the witness 
was available for cross examination and the deposition 
otherwise complies with the Federal Rules of Evidence.
    [(e) Outreach Program.--The Secretary of Homeland Security, 
in consultation with the Attorney General and the Secretary of 
State, as appropriate, shall develop and implement an outreach 
program to educate the public in the United States and abroad 
about the penalties for bringing in and harboring aliens in 
violation of this section.sections 274A to 285; footnotes 206-
227; 1/15/95 & 2/16 #216a; 3/14/95: notes on Sec. 283..]

SEC. 274. ALIEN SMUGGLING AND RELATED OFFENSES.

    (a) Criminal Offenses and Penalties.--
            (1) Prohibited activities.--Except as provided in 
        paragraph (3), a person shall be punished as provided 
        under paragraph (2), if the person--
                    (A) facilitates, encourages, directs, or 
                induces a person to come to or enter the United 
                States, or to cross the border to the United 
                States, knowing or in reckless disregard of the 
                fact that such person is an alien who lacks 
                lawful authority to come to, enter, or cross 
                the border to the United States;
                    (B) facilitates, encourages, directs, or 
                induces a person to come to or enter the United 
                States, or to cross the border to the United 
                States, at a place other than a designated port 
                of entry or place other than as designated by 
                the Secretary of Homeland Security, knowing or 
                in reckless disregard of the fact that such 
                person is an alien and regardless of whether 
                such alien has official permission or lawful 
                authority to be in the United States;
                    (C) transports, moves, harbors, conceals, 
                or shields from detection a person outside of 
                the United States knowing or in reckless 
                disregard of the fact that such person is an 
                alien in unlawful transit from one country to 
                another or on the high seas, under 
                circumstances in which the alien is seeking to 
                enter the United States without official 
                permission or lawful authority;
                    (D) encourages or induces a person to 
                reside in the United States, knowing or in 
                reckless disregard of the fact that such person 
                is an alien who lacks lawful authority to 
                reside in the United States;
                    (E) transports or moves a person in the 
                United States, knowing or in reckless disregard 
                of the fact that such person is an alien who 
                lacks lawful authority to enter or be in the 
                United States, if the transportation or 
                movement will further the alien's illegal entry 
                into or illegal presence in the United States;
                    (F) harbors, conceals, or shields from 
                detection a person in the United States, 
                knowing or in reckless disregard of the fact 
                that such person is an alien who lacks lawful 
                authority to be in the United States; or
                    (G) conspires or attempts to commit any of 
                the acts described in subparagraphs (A) through 
                (F).
            (2) Criminal penalties.--A person who violates any 
        provision under paragraph (1) shall, for each alien in 
        respect to whom a violation of paragraph (1) occurs--
                    (A) except as provided in subparagraphs (C) 
                through (G), if the violation was not committed 
                for commercial advantage, profit, or private 
                financial gain, be fined under title 18, United 
                States Code, imprisoned for not more than 5 
                years, or both;
                    (B) except as provided in subparagraphs (C) 
                through (G), if the violation was committed for 
                commercial advantage, profit, or private 
                financial gain--
                            (i) be fined under such title, 
                        imprisoned for not more than 20 years, 
                        or both, if the violation is the 
                        offender's first violation under this 
                        subparagraph; or
                            (ii) be fined under such title, 
                        imprisoned for not less than 3 years or 
                        more than 20 years, or both, if the 
                        violation is the offender's second or 
                        subsequent violation of this 
                        subparagraph;
                    (C) if the violation furthered or aided the 
                commission of any other offense against the 
                United States or any State that is punishable 
                by imprisonment for more than 1 year, be fined 
                under such title, imprisoned for not less than 
                5 years or more than 20 years, or both;
                    (D) be fined under such title, imprisoned 
                not less than 5 years or more than 20 years, or 
                both, if the violation created a substantial 
                and foreseeable risk of death, a substantial 
                and foreseeable risk of serious bodily injury 
                (as defined in section 2119(2) of title 18, 
                United States Code), or inhumane conditions to 
                another person, including--
                            (i) transporting the person in an 
                        engine compartment, storage 
                        compartment, or other confined space;
                            (ii) transporting the person at an 
                        excessive speed or in excess of the 
                        rated capacity of the means of 
                        transportation; or
                            (iii) transporting the person in, 
                        harboring the person in, or otherwise 
                        subjecting the person to crowded or 
                        dangerous conditions;
                    (E) if the violation caused serious bodily 
                injury (as defined in section 2119(2) of title 
                18, United States Code) to any person, be fined 
                under such title, imprisoned for not less than 
                7 years or more than 30 years, or both;
                    (F) be fined under such title and 
                imprisoned for not less than 10 years or more 
                than 30 years if the violation involved an 
                alien who the offender knew or had reason to 
                believe was--
                            (i) engaged in terrorist activity 
                        (as defined in section 212(a)(3)(B)); 
                        or
                            (ii) intending to engage in 
                        terrorist activity; or
                    (G) if the violation caused or resulted in 
                the death of any person, be punished by death 
                or imprisoned for a term of years not less than 
                10 years and up to life, and fined under title 
                18, United States Code.
            (3) Limitation.--It is not a violation of 
        subparagraph (D), (E), or (F) of paragraph (1) for a 
        religious denomination having a bona fide nonprofit, 
        religious organization in the United States, or the 
        agents or officers of such denomination or 
        organization, to encourage, invite, call, allow, or 
        enable an alien who is present in the United States to 
        perform the vocation of a minister or missionary for 
        the denomination or organization in the United States 
        as a volunteer who is not compensated as an employee, 
        notwithstanding the provision of room, board, travel, 
        medical assistance, and other basic living expenses, 
        provided the minister or missionary has been a member 
        of the denomination for at least 1 year.
            (4) Extraterritorial jurisdiction.--There is 
        extraterritorial Federal jurisdiction over the offenses 
        described in this subsection.
    (b) Seizure and Forfeiture.--
            (1) In general.--Any real or personal property used 
        to commit or facilitate the commission of a violation 
        of this section, the gross proceeds of such violation, 
        and any property traceable to such property or 
        proceeds, shall be subject to forfeiture.
            (2) Applicable procedures.--Seizures and 
        forfeitures under this subsection shall be governed by 
        the provisions of chapter 46 of title 18, United States 
        Code, relating to civil forfeitures, except that such 
        duties as are imposed upon the Secretary of the 
        Treasury under the customs laws described in section 
        981(d) shall be performed by such officers, agents, and 
        other persons as may be designated for that purpose by 
        the Secretary of Homeland Security.
            (3) Prima facie evidence in determinations of 
        violations.--In determining whether a violation of 
        subsection (a) has occurred, prima facie evidence that 
        an alien involved in the alleged violation lacks lawful 
        authority to come to, enter, reside in, remain in, or 
        be in the United States or that such alien had come to, 
        entered, resided in, remained in, or been present in 
        the United States in violation of law may include:
                    (A) any order, finding, or determination 
                concerning the alien's status or lack of status 
                made by a Federal judge or administrative 
                adjudicator (including an immigration judge or 
                immigration officer) during any judicial or 
                administrative proceeding authorized under 
                Federal immigration law;
                    (B) official records of the Department of 
                Homeland Security, the Department of Justice, 
                or the Department of State concerning the 
                alien's status or lack of status; and
                    (C) testimony by an immigration officer 
                having personal knowledge of the facts 
                concerning the alien's status or lack of 
                status.
    (c) Authority To Arrest.--No officer or person shall have 
authority to make any arrests for a violation of any provision 
of this section except:
            (1) officers and employees designated by the 
        Secretary of Homeland Security, either individually or 
        as a member of a class; and
            (2) other officers responsible for the enforcement 
        of Federal criminal laws.
    (d) Admissibility of Videotaped Witness Testimony.--
Notwithstanding any provision of the Federal Rules of Evidence, 
the videotaped or otherwise audiovisually preserved deposition 
of a witness to a violation of subsection (a) who has been 
deported or otherwise expelled from the United States, or is 
otherwise unavailable to testify, may be admitted into evidence 
in an action brought for that violation if:
            (1) the witness was available for cross examination 
        at the deposition by the party, if any, opposing 
        admission of the testimony; and
            (2) the deposition otherwise complies with the 
        Federal Rules of Evidence.
    (e) Definitions.--In this section:
            (1) Cross the border to the united states.--The 
        term ``cross the border'' refers to the physical act of 
        crossing the border, regardless of whether the alien is 
        free from official restraint.
            (2) Lawful authority.--The term ``lawful 
        authority'' means permission, authorization, or license 
        that is expressly provided for in the immigration laws 
        of the United States or accompanying regulations. The 
        term does not include any such authority secured by 
        fraud or otherwise obtained in violation of law or 
        authority sought, but not approved. No alien shall be 
        deemed to have lawful authority to come to, enter, 
        reside in, remain in, or be in the United States if 
        such coming to, entry, residence, remaining, or 
        presence was, is, or would be in violation of law.
            (3) Proceeds.--The term ``proceeds'' includes any 
        property or interest in property obtained or retained 
        as a consequence of an act or omission in violation of 
        this section.
            (4) Unlawful transit.--The term ``unlawful 
        transit'' means travel, movement, or temporary presence 
        that violates the laws of any country in which the 
        alien is present or any country from which or to which 
        the alien is traveling or moving.

           *       *       *       *       *       *       *


                 civil penalties for failure to depart

    Sec. 274D. (a) In General.--Any alien subject to a final 
order of removal who--
            (1) * * *

           *       *       *       *       *       *       *

shall pay a civil penalty of not more than $500 to the 
[Commissioner] Secretary of Homeland Security for each day the 
alien is in violation of this section.

           *       *       *       *       *       *       *

    (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.

   [entry of alien at improper time or place; misrepresentation and 
                          concealment of facts

    [Sec. 275. (a) Any alien who (1) enters or attempts to 
enter the United States at any time or place other than as 
designated by immigration officers, or (2) eludes examination 
or inspection by immigration officers, or (3) attempts to enter 
or obtains entry to the United States by a willfully false or 
misleading representation or the willful concealment of a 
material fact, shall, for the first commission of any such 
offense, be fined under title 18, United States Code, or 
imprisoned not more than 6 months, or both, and, for a 
subsequent commission of any such offense, be fined under title 
18, United States Code, or imprisoned not more than 2 years, or 
both.
    [(b) Any alien who is apprehended while entering (or 
attempting to enter) the United States at a time or place other 
than as designated by immigration officers shall be subject to 
a civil penalty of--
            [(1) at least $50 and not more than $250 for each 
        such entry (or attempted entry); or
            [(2) twice the amount specified in paragraph (1) in 
        the case of an alien who has been previously subject to 
        a civil penalty under this subsection.
Civil penalties under this subsection are in addition to, and 
not in lieu of, any criminal or other civil penalties that may 
be imposed.
    [(c) An individual who knowingly enters into a marriage for 
the purpose of evading any provision of the immigration laws 
shall be imprisoned for not more than 5 years, or fined not 
more than $250,000, or both.
    [(d) Any individual who knowingly establishes a commercial 
enterprise for the purpose of evading any provision of the 
immigration laws shall be imprisoned for not more than 5 years, 
fined in accordance with title 18, United States Code, or both.

                       [reentry of removed alien

    [Sec. 276. (a) Subject to subsection (b), any alien who--
            [(1) has been denied admission, excluded, deported, 
        or removed or has departed the United States while an 
        order of exclusion, deportation, or removal is 
        outstanding, and thereafter
            [(2) enters, attempts to enter, or is at any time 
        found in, the United States, unless (A) prior to his 
        reembarkation at a place outside the United States or 
        his application for admission from foreign contiguous 
        territory, the Attorney General has expressly consented 
        to such alien's reapplying for admission; or (B) with 
        respect to an alien previously denied admission and 
        removed, unless such alien shall establish that he was 
        not required to obtain such advance consent under this 
        or any prior Act,
shall be fined under title 18, United States Code, or 
imprisoned not more than 2 years, or both.
    [(b) Notwithstanding subsection (a), in the case of any 
alien described in such subsection--
            [(1) whose removal was subsequent to a conviction 
        for commission of three or more misdemeanors involving 
        drugs, crimes against the person, or both, or a felony 
        (other than an aggravated felony), such alien shall be 
        fined under title 18, United States Code, imprisoned 
        not more than 10 years, or both;
            [(2) whose removal was subsequent to a conviction 
        for commission of an aggravated felony, such alien 
        shall be fined under such title, imprisoned not more 
        than 20 years, or both;
            [(3) who has been excluded from the United States 
        pursuant to section 235(c) because the alien was 
        excludable under section 212(a)(3)(B) or who has been 
        removed from the United States pursuant to the 
        provisions of title V, and who thereafter, without the 
        permission of the Attorney General, enters the United 
        States, or attempts to do so, shall be fined under 
        title 18, United States Code, and imprisoned for a 
        period of 10 years, which sentence shall not run 
        concurrently with any other sentence. or
            [(4) who was removed from the United States 
        pursuant to section 241(a)(4)(B) who thereafter, 
        without the permission of the Attorney General, enters, 
        attempts to enter, or is at any time found in, the 
        United States (unless the Attorney General has 
        expressly consented to such alien's reentry) shall be 
        fined under title 18, United States Code, imprisoned 
        for not more than 10 years, or both.
For the purposes of this subsection, the term ``removal'' 
includes any agreement in which an alien stipulates to removal 
during (or not during) a criminal trial under either Federal or 
State law.
    [(c) Any alien deported pursuant to section 242(h)(2) who 
enters, attempts to enter, or is at any time found in, the 
United States (unless the Attorney General has expressly 
consented to such alien's reentry) 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. Such alien shall be subject to such other 
penalties relating to the reentry of deported aliens as may be 
available under this section or any other provision of law.
    [(d) In a criminal proceeding under this section, an alien 
may not challenge the validity of the deportation order 
described in subsection (a)(1) or subsection (b) unless the 
alien demonstrates that--
            [(1) the alien exhausted any administrative 
        remedies that may have been available to seek relief 
        against the order;
            [(2) the deportation proceedings at which the order 
        was issued improperly deprived the alien of the 
        opportunity for judicial review; and
            [(3) the entry of the order was fundamentally 
        unfair.]

                       ILLEGAL ENTRY OR PRESENCE

    Sec. 275. (a) In General.--
            (1) Illegal entry.--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.

                        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.

           *       *       *       *       *       *       *


Chapter 9--Miscellaneous

           *       *       *       *       *       *       *


              powers of immigration officers and employees

    Sec. 287. (a) Any officer or employee of the Service 
authorized under regulations prescribed by the Attorney General 
shall have power without warrant--
            (1) * * *
            (2) to arrest any alien who in his presence or view 
        is entering or attempting to enter the United States in 
        violation of any law or regulation made in pursuance of 
        law regulating the admission, exclusion, expulsion or 
        removal of aliens, or to arrest any alien in the United 
        States, if he has reason to believe that the alien so 
        arrested is in the United States in violation of any 
        such law or [regulation and is likely to escape before 
        a warrant can be obtained for his arrest,] regulation, 
        but the alien arrested shall be taken without 
        unnecessary delay for examination before an officer of 
        the Service having authority to examine aliens as to 
        their right to enter or remain in the United States;

           *       *       *       *       *       *       *

    (g)(1) Notwithstanding section 1342 of title 31, United 
States Code, the Attorney General [may enter into a written 
agreement with a State, or any political subdivision of a 
State, pursuant to which an officer or employee of the State or 
subdivision, who is determined by the Attorney General to be 
qualified to perform a function of an immigration officer in 
relation to the investigation, apprehension, or detention of 
aliens in the United States (including the transportation of 
such aliens across State lines to detention centers), may carry 
out such function at the expense of the State or political 
subdivision and to the extent consistent with State and local 
law.] 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) 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.
    [(2)] (5) An agreement under this subsection shall require 
that an officer or employee of a State or political subdivision 
of a State performing a function under the agreement shall have 
knowledge of, and adhere to, Federal law relating to the 
function, and shall contain a written certification that the 
officers or employees performing the function under the 
agreement have received adequate training regarding the 
enforcement of relevant Federal immigration laws.
    (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.
    [(3)] (7) In performing a function under this subsection, 
an officer or employee of a State or political subdivision of a 
State shall be subject to the direction and supervision of the 
Attorney General.
    [(4)]  (8) In performing a function under this subsection, 
an officer or employee of a State or political subdivision of a 
State may use Federal property or facilities, as provided in a 
written agreement between the Attorney General and the State or 
subdivision.
    [(5)] (9) With respect to each officer or employee of a 
State or political subdivision who is authorized to perform a 
function under this subsection, the specific powers and duties 
that may be, or are required to be, exercised or performed by 
the individual, the duration of the authority of the 
individual, and the position of the agency of the Attorney 
General who is required to supervise and direct the individual, 
shall be set forth in a written agreement between the Attorney 
General and the State or political subdivision.
    [(6)] (10) The Attorney General may not accept a service 
under this subsection if the service will be used to displace 
any Federal employee.
    [(7)] (11) Except as provided in paragraph (8), an officer 
or employee of a State or political subdivision of a State 
performing functions under this subsection shall not be treated 
as a Federal employee for any purpose other than for purposes 
of chapter 81 of title 5, United States Code (relating to 
compensation for injury), and sections 2671 through 2680 of 
title 28, United States Code (relating to tort claims).
    [(8)] (12) An officer or employee of a State or political 
subdivision of a State acting under color of authority under 
this subsection, or any agreement entered into under this 
subsection, shall be considered to be acting under color of 
Federal authority for purposes of determining the liability, 
and immunity from suit, of the officer or employee in a civil 
action brought under Federal or State law.
    [(9)] (13) Nothing in this subsection shall be construed to 
require any State or political subdivision of a State to enter 
into an agreement with the Attorney General under this 
subsection.
    [(10)] (14) Nothing in this subsection shall be construed 
to require an agreement under this subsection in order for any 
officer or employee of a State or political subdivision of a 
State--
            (A) * * *

           *       *       *       *       *       *       *


TITLE III--NATIONALITY AND NATURALIZATION

           *       *       *       *       *       *       *


             Chapter 2--Nationality Through Naturalization

                        naturalization authority

    Sec. 310. (a) * * *

           *       *       *       *       *       *       *

    (c) Judicial Review.--A person whose application for 
naturalization under this title is denied, after a hearing 
before an immigration officer under section 336(a), may seek, 
not later than the date that is 120 days after the Secretary of 
Homeland Security's final determination, review of such denial 
before the United States district court for the district in 
which such person resides in accordance with chapter 7 of title 
5, United States Code. [Such review shall be de novo, and the 
court shall make its own findings of fact and conclusions of 
law and shall, at the request of the petitioner, conduct a 
hearing de novo on the application.] 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.

           *       *       *       *       *       *       *


 requirements as to residence, good moral character, attachment to the 
principles of the constitution, and favorable disposition to the united 
                                 states

    Sec. 316. (a) * * *

           *       *       *       *       *       *       *

    (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.

           *       *       *       *       *       *       *


            prerequisite to naturalization; burden of proof

    Sec. 318. Except as otherwise provided in this title, no 
person shall be naturalized unless he has been lawfully 
admitted to the United States for permanent residence in 
accordance with all applicable provisions of this Act. The 
burden of proof shall be upon such person to show that he 
entered the United States lawfully, and the time, place, and 
manner of such entry into the United States, but in presenting 
such proof he shall be entitled to the production of his 
immigrant visa, if any, or of other entry document, if any, and 
of any other documents and records, not considered by the 
Attorney General to be confidential, pertaining to such entry, 
in the custody of the Service. Notwithstanding the provisions 
of section 405(b), and except as provided in sections 328 and 
329 no person shall be naturalized against whom there is 
outstanding a final finding of deportability pursuant to a 
warrant of arrest issued under the provisions of this or any 
[other Act;] 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; and no application for naturalization shall be 
considered by the Attorney General if there is pending against 
the applicant a removal proceeding pursuant to a warrant of 
arrest issued under the provisions of this or any other Act: 
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 Attorney General with 
respect to the question of whether such person has established 
his eligibility for naturalization as required by this title.

           *       *       *       *       *       *       *


         hearings on denials of applications for naturalization

    Sec. 336. (a) * * *
    [(b) If there is a failure to make a determination under 
section 335 before the end of the 120-day period after the date 
on which the examination is conducted under such section, the 
applicant may apply to the United States district court for the 
district in which the applicant resides for a hearing on the 
matter. Such court has jurisdiction over the matter and may 
either determine the matter or remand the matter, with 
appropriate instructions, to the Service to determine the 
matter.]
    (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.

           *       *       *       *       *       *       *


                      revocation of naturalization

    Sec. 340. (a) * * *

           *       *       *       *       *       *       *

    (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)).
    [(f)] (g) Whenever an order admitting an alien to 
citizenship shall be revoked and set aside or a certificate of 
naturalization shall be canceled, or both, as provided in this 
section, the court in which such judgment or decree is rendered 
shall make an order canceling such certificate and shall send a 
certified copy of such order to the Attorney General. The clerk 
of court shall transmit a copy of such order and judgment to 
the Attorney General. A person holding a certificate of 
naturalization or citizenship which has been canceled as 
provided by this section shall upon notice by the court by 
which the decree of cancellation was made, or by the Attorney 
General, surrender the same to the Attorney General.
    [(g)] (h) The provisions of this section shall apply not 
only to any naturalization granted and to certificates of 
naturalization and citizenship issued under the provisions of 
this title, but to any naturalization heretofore granted by any 
court, and to all certificates of naturalization and 
citizenship which may have been issued heretofore by any court 
or by the Commissioner based upon naturalization granted by any 
court, or by a designated representative of the Commissioner 
under the provisions of section 702 of the Nationality Act of 
1940, as amended, or by such designated representative under 
any other Act.
    [(h)] (i) Nothing contained in this section shall be 
regarded as limiting, denying, or restricting the power of the 
Attorney General to correct, reopen, alter, modify, or vacate 
an order naturalizing the person.

           *       *       *       *       *       *       *


Chapter 4--Miscellaneous

           *       *       *       *       *       *       *


                              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.

           *       *       *       *       *       *       *

                              ----------                              


  ILLEGAL IMMIGRATION REFORM AND IMMIGRANT RESPONSIBILITY ACT OF 1996

SEC. 641. PROGRAM TO COLLECT INFORMATION RELATING TO NONIMMIGRANT 
                    FOREIGN STUDENTS AND OTHER EXCHANGE PROGRAM 
                    PARTICIPANTS.

    (a) * * *

           *       *       *       *       *       *       *

    (d) Participation by Institutions of Higher Education and 
Exchange Visitor Programs.--
            (1) Condition.--The information described in 
        subsection (c) shall be provided by institutions of 
        higher education, other approved educational 
        institutions, or exchange visitor programs as a 
        condition of--
                    (A) in the case of an approved institution 
                of higher education, or other approved 
                educational [institution,,] institution, the 
                continued approval of the institution under 
                subparagraph (F) or (M) of section 101(a)(15) 
                of the Immigration and Nationality Act; and

           *       *       *       *       *       *       *

            (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.
            (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)).
            (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.
            (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. 642. COMMUNICATION BETWEEN GOVERNMENT AGENCIES AND THE IMMIGRATION 
                    AND NATURALIZATION SERVICE

    (a) In general.-- Notwithstanding any other provision of 
Federal, State, or local law, a Federal, State, or local 
government entity or official [may] shall not prohibit, or in 
any way restrict, any government entity or official from 
sending to, or receiving from, the [Immigration and 
Naturalization Service] Department of Homeland Security 
information regarding the citizenship or immigration status, 
lawful or unlawful, of any individual.
    (b) Additional authority of government entities.-- 
Notwithstanding any other provision of Federal, State, or local 
law, [no person or agency may] a person or agency shall not 
prohibit, or in any way restrict, a Federal, State, or local 
government entity from [doing any of the following with respect 
to information ] undertaking any of the following law 
enforcement activities regarding the immigration status, lawful 
or unlawful, of any individual:
            [(1) Sending such information to, or requesting or 
        receiving such information from, the Immigration and 
        Naturalization Service.
            [(2) Maintaining such information.
            [(3) Exchanging such information with any other 
        Federal, State, or local government entity.]
            (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) Complying with detainers issued by the 
        Department of Homeland Security.
            (4) 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.
    (c) Obligation to respond to inquiries.--The [Immigration 
and Naturalization Service] Department of Homeland Security 
shall respond to an inquiry by a Federal, State, or local 
government agency, seeking to verify or ascertain the 
citizenship or immigration status of any individual within the 
jurisdiction of the agency for any purpose authorized by law, 
by providing the requested verification or status information.
    (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.

           *       *       *       *       *       *       *

                              ----------                              


                        IMMIGRATION ACT OF 1990



           *       *       *       *       *       *       *
                          TITLE V--ENFORCEMENT

Subtitle A--Criminal Aliens

           *       *       *       *       *       *       *


SEC. 509. GOOD MORAL CHARACTER DEFINITION.

    (a) * * *
    [(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 convictions occurring on or after such date, 
except with respect to conviction for murder which shall be 
considered a bar to good moral character regardless of the date 
of the conviction.]
    (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.

           *       *       *       *       *       *       *

                              ----------                              


        INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004



           *       *       *       *       *       *       *
       TITLE V--BORDER PROTECTION, IMMIGRATION, AND VISA MATTERS

      Subtitle E--Treatment of Aliens Who Commit Acts of Torture, 
Extrajudicial Killings, or Other Atrocities Abroad

           *       *       *       *       *       *       *


SEC. 5504. BAR TO GOOD MORAL CHARACTER FOR ALIENS WHO HAVE COMMITTED 
                    ACTS OF TORTURE, EXTRAJUDICIAL KILLINGS, OR SEVERE 
                    VIOLATIONS OF RELIGIOUS FREEDOM.

    Section 101(f) of the Immigration and Nationality Act (8 
U.S.C. 1101(f)) is amended--
            (1) by striking the period at the end of paragraph 
        (8) and inserting ``; or''; and
            (2) by [adding at the end] inserting after 
        paragraph (8) the following:
            ``(9) one who at any time has engaged in conduct 
        described in section 212(a)(3)(E) (relating to 
        assistance in Nazi persecution, participation in 
        genocide, or commission of acts of torture or 
        extrajudicial killings) or 212(a)(2)(G) (relating to 
        severe violations of religious freedom).''.

           *       *       *       *       *       *       *


TITLE VII--IMPLEMENTATION OF 9/11 COMMISSION RECOMMENDATIONS

           *       *       *       *       *       *       *


          Subtitle B--Terrorist Travel and Effective Screening

SEC. 7201. COUNTERTERRORIST TRAVEL INTELLIGENCE.

    (a) * * *

           *       *       *       *       *       *       *

    (c) Frontline Counterterrorist Travel Technology and 
Training.--
            (1) Technology acquisition and dissemination 
        plan.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of Homeland 
        Security, in conjunction with the Secretary of State, 
        shall submit to Congress a plan describing how the 
        Department of Homeland Security and the Department of 
        State can acquire and deploy, to the maximum extent 
        feasible, to all consulates, ports of entry, and 
        immigration benefits offices, technologies that 
        facilitate document authentication and the detection of 
        potential terrorist indicators on travel documents. To 
        the extent possible, technologies acquired and deployed 
        under this plan shall be compatible with systems used 
        by the Department of Homeland Security and the 
        Department of State to detect fraudulent documents and 
        identify genuine documents.

           *       *       *       *       *       *       *


SEC. 7209. TRAVEL DOCUMENTS.

    (a) * * *

           *       *       *       *       *       *       *

    (d) Transit Without Visa Program.--The Secretary of State 
shall not use any authorities granted under section 
212(d)(4)(C) of such Act until [the Secretary, in conjunction 
with the Secretary of Homeland Security,] the Secretary of 
Homeland Security, in consultation with the Secretary of State, 
completely implements a security plan to fully ensure secure 
transit passage areas to prevent aliens proceeding in immediate 
and continuous transit through the United States from illegally 
entering the United States.

           *       *       *       *       *       *       *

                              ----------                              


                      TITLE 18, UNITED STATES CODE



           *       *       *       *       *       *       *
PART I--CRIMES

           *       *       *       *       *       *       *


CHAPTER 44--FIREARMS

           *       *       *       *       *       *       *


Sec. 922. Unlawful acts

    (a) * * *

           *       *       *       *       *       *       *

    (d) It shall be unlawful for any person to sell or 
otherwise dispose of any firearm or ammunition to any person 
knowing or having reasonable cause to believe that such 
person--
            (1) * * *

           *       *       *       *       *       *       *

            (5) who, being an alien--
                    (A) * * *
                    (B) except as provided in subsection 
                [(y)(2), has been admitted to the United States 
                under a nonimmigrant visa (as that term is 
                defined in section 101(a)(26) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1101(a)(26)));] (y), is in the United States 
                not as an alien lawfully admitted for permanent 
                residence;

           *       *       *       *       *       *       *

    (g) It shall be unlawful for any person--
            (1) * * *

           *       *       *       *       *       *       *

            (5) who, being an alien--
                    (A) * * *
                    (B) except as provided in subsection 
                [(y)(2), has been admitted to the United States 
                under a nonimmigrant visa (as that term is 
                defined in section 101(a)(26) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1101(a)(26)));] (y), is in the United States 
                not as an alien lawfully admitted for permanent 
                residence;

           *       *       *       *       *       *       *

    (y) Provisions Relating to Aliens [Admitted Under 
Nonimmigrant Visas.--] Not Lawfully Admitted for Permanent 
Residence.--
            (1) Definitions.--In this subsection--
                    (A) * * *
                    [(B) the term ``nonimmigrant visa'' has the 
                same meaning as in section 101(a)(26) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1101(a)(26)).]
                    (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)).
            (2) Exceptions.--Subsections (d)(5)(B), (g)(5)(B), 
        and (s)(3)(B)(v)(II) do not apply to any alien who has 
        been lawfully admitted to the United States [under a 
        nonimmigrant visa] but not lawfully admitted for 
        permanent residence, if that alien is--
            (A) * * *

           *       *       *       *       *       *       *

            (3) Waiver.--
                    (A) Conditions for waiver.--Any individual 
                who has been [admitted to the United States 
                under a nonimmigrant visa] lawfully admitted to 
                the United States but not as an alien lawfully 
                admitted for permanent residence may receive a 
                waiver from the requirements of subsection 
                (g)(5), if--
                            (i) * * *

           *       *       *       *       *       *       *


Sec. 924. Penalties

    (a) * * *

           *       *       *       *       *       *       *

    (c)(1)(A) Except to the extent that a greater minimum 
sentence is otherwise provided by this subsection or by any 
other provision of law, any person who, during and in relation 
to any crime of violence, alien smuggling crime, or drug 
trafficking crime (including a crime of violence or drug 
trafficking crime that provides for an enhanced punishment if 
committed by the use of a deadly or dangerous weapon or device) 
for which the person may be prosecuted in a court of the United 
States, uses or carries a firearm, or who, in furtherance of 
any such crime, possesses a firearm, shall, in addition to the 
punishment provided for such crime of violence, alien smuggling 
crime, or drug trafficking crime--
            (i) * * *

           *       *       *       *       *       *       *

    (D) Notwithstanding any other provision of law--
            (i) * * *
            (ii) no term of imprisonment imposed on a person 
        under this subsection shall run concurrently with any 
        other term of imprisonment imposed on the person, 
        including any term of imprisonment imposed for the 
        crime of violence, alien smuggling crime, or drug 
        trafficking crime during which the firearm was used, 
        carried, or possessed.

           *       *       *       *       *       *       *

    (6) For purposes of this subsection, the term ``alien 
smuggling crime'' means any felony punishable under section 
274(a), 277, or 278 of the Immigration and Nationality Act (8 
U.S.C. 1324(a), 1327, and 1328).

           *       *       *       *       *       *       *


                         CHAPTER 46--FORFEITURE

Sec. 981. Civil forfeiture

    (a)(1) The following property is subject to forfeiture to 
the United States:
            (A) * * *

           *       *       *       *       *       *       *

            (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.

           *       *       *       *       *       *       *


CHAPTER 47--FRAUD AND FALSE STATEMENTS

           *       *       *       *       *       *       *


Sec. 1028. Fraud and related activity in connection with identification 
                    documents, authentication features, and information

    (a) Whoever, in a circumstance described in subsection (c) 
of this section--
            (1) * * *

           *       *       *       *       *       *       *

            (7) knowingly transfers, posseses, or uses, without 
        lawful authority, a means of identification [of another 
        person] that is not his or her own with the intent to 
        commit, or to aid or abet, or in connection with, any 
        unlawful activity that constitutes a violation of 
        Federal law, or that constitutes a felony under any 
        applicable State or local law; or

           *       *       *       *       *       *       *


Sec. 1028A. Aggravated identity theft

    (a) Offenses.--
            (1) In general.--Whoever, during and in relation to 
        any felony violation enumerated in subsection (c), 
        knowingly transfers, possesses, or uses, without lawful 
        authority, a means of identification [of another 
        person] that is not his or her own shall, in addition 
        to the punishment provided for such felony, be 
        sentenced to a term of imprisonment of 2 years.
            (2) Terrorism offense.--Whoever, during and in 
        relation to any felony violation enumerated in section 
        2332b(g)(5)(B), knowingly transfers, possesses, or 
        uses, without lawful authority, a means of 
        identification [of another person] that is not his or 
        her own or a false identification document shall, in 
        addition to the punishment provided for such felony, be 
        sentenced to a term of imprisonment of 5 years.

           *       *       *       *       *       *       *


                    [CHAPTER 75--PASSPORTS AND VISAS

[Sec.
[1541.    Issuance without authority.
[1542.    False statement in application and use of passport.
[1543.    Forgery or false use of passport.
[1544.    Misuse of passport.
[1545.    Safe conduct violation.
[1546.    Fraud and misuse of visas, permits, and other documents.
[1547.    Alternative imprisonment maximum for certain offenses.

[Sec. 1541. Issuance without authority

    [Whoever, 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 
whomsoever; or
    [Whoever, being a consular officer authorized to grant, 
issue, or verify passports, knowingly and willfully 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, imprisoned not more than 
25 years (if the offense was committed to facilitate an act of 
international terrorism (as defined in section 2331 of this 
title)), 20 years (if the offense was committed to facilitate a 
drug trafficking crime (as defined in section 929(a) of this 
title)), 10 years (in the case of the first or second such 
offense, if the offense was not committed to facilitate such an 
act of international terrorism or a drug trafficking crime), or 
15 years (in the case of any other offense), or both.
    [For purposes of 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 willfully and knowingly 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
    [Whoever willfully and knowingly 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, imprisoned not more than 
25 years (if the offense was committed to facilitate an act of 
international terrorism (as defined in section 2331 of this 
title)), 20 years (if the offense was committed to facilitate a 
drug trafficking crime (as defined in section 929(a) of this 
title)), 10 years (in the case of the first or second such 
offense, if the offense was not committed to facilitate such an 
act of international terrorism or a drug trafficking crime), or 
15 years (in the case of any other offense), or both.

[Sec. 1543. Forgery or false use of passport

    [Whoever 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
    [Whoever willfully and 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, imprisoned not more than 
25 years (if the offense was committed to facilitate an act of 
international terrorism (as defined in section 2331 of this 
title)), 20 years (if the offense was committed to facilitate a 
drug trafficking crime (as defined in section 929(a) of this 
title)), 10 years (in the case of the first or second such 
offense, if the offense was not committed to facilitate such an 
act of international terrorism or a drug trafficking crime), or 
15 years (in the case of any other offense), or both.

[Sec. 1544. Misuse of passport

    [Whoever willfully and knowingly uses, or attempts to use, 
any passport issued or designed for the use of another; or
    [Whoever willfully and knowingly uses or attempts to use 
any passport in violation of the conditions or restrictions 
therein contained, or of the rules prescribed pursuant to the 
laws regulating the issuance of passports; or
    [Whoever willfully and knowingly furnishes, disposes of, or 
delivers a passport to any person, for use by another than the 
person for whose use it was originally issued and designed--
    [Shall be fined under this title, imprisoned not more than 
25 years (if the offense was committed to facilitate an act of 
international terrorism (as defined in section 2331 of this 
title)), 20 years (if the offense was committed to facilitate a 
drug trafficking crime (as defined in section 929(a) of this 
title)), 10 years (in the case of the first or second such 
offense, if the offense was not committed to facilitate such an 
act of international terrorism or a drug trafficking crime), or 
15 years (in the case of any other offense), or both.

[Sec. 1545. Safe conduct violation

    [Whoever violates any safe conduct or passport duly 
obtained and issued under authority of the United States shall 
be fined under this title, imprisoned not more than 10 years, 
or both.

[Sec. 1546. Fraud and misuse of visas, permits, and other documents

    [(a) Whoever knowingly forges, counterfeits, alters, or 
falsely makes any immigrant or nonimmigrant visa, permit, 
border crossing card, alien registration receipt card, or other 
document prescribed by statute or regulation for entry into or 
as evidence of authorized stay or employment in the United 
States, or utters, uses, attempts to use, possesses, obtains, 
accepts, or receives any such visa, permit, border crossing 
card, alien registration receipt card, or other document 
prescribed by statute or regulation for entry into or as 
evidence of authorized stay or employment in the United States, 
knowing it to be forged, counterfeited, altered, or falsely 
made, or to have been procured by means of any false claim or 
statement, or to have been otherwise procured by fraud or 
unlawfully obtained; or
    [Whoever, except under direction of the Attorney General or 
the Commissioner of the Immigration and Naturalization Service, 
or other proper officer, knowingly possesses any blank permit, 
or engraves, sells, brings into the United States, or has in 
his control or possession any plate in the likeness of a plate 
designed for the printing of permits, or makes any print, 
photograph, or impression in the likeness of any immigrant or 
nonimmigrant visa, permit or other document required for entry 
into the United States, or has in his possession a distinctive 
paper which has been adopted by the Attorney General or the 
Commissioner of the Immigration and Naturalization Service for 
the printing of such visas, permits, or documents; or
    [Whoever, when applying for an immigrant or nonimmigrant 
visa, permit, or other document required for entry into the 
United States, or for admission to the United States personates 
another, or falsely appears in the name of a deceased 
individual, or evades or attempts to evade the immigration laws 
by appearing under an assumed or fictitious name without 
disclosing his true identity, or sells or otherwise disposes 
of, or offers to sell or otherwise dispose of, or utters, such 
visa, permit, or other document, to any person not authorized 
by law to receive such document; or
    [Whoever knowingly makes under oath, or as permitted under 
penalty of perjury under section 1746 of title 28, United 
States Code, knowingly subscribes as true, any false statement 
with respect to a material fact in any application, affidavit, 
or other document required by the immigration laws or 
regulations prescribed thereunder, or knowingly presents any 
such application, affidavit, or other document which contains 
any such false statement or which fails to contain any 
reasonable basis in law or fact--
    [Shall be fined under this title or imprisoned not more 
than 25 years (if the offense was committed to facilitate an 
act of international terrorism (as defined in section 2331 of 
this title)), 20 years (if the offense was committed to 
facilitate a drug trafficking crime (as defined in section 
929(a) of this title)), 10 years (in the case of the first or 
second such offense, if the offense was not committed to 
facilitate such an act of international terrorism or a drug 
trafficking crime), or 15 years (in the case of any other 
offense), or both.
    [(b) Whoever uses--
            [(1) an identification document, knowing (or having 
        reason to know) that the document was not issued 
        lawfully for the use of the possessor,
            [(2) an identification document knowing (or having 
        reason to know) that the document is false, or
            [(3) a false attestation,
for the purpose of satisfying a requirement of section 274A(b) 
of the Immigration and Nationality Act, shall be fined under 
this title, imprisoned not more than 5 years, or both.
    [(c) This section does not prohibit any lawfully authorized 
investigative, protective, or intelligence activity of a law 
enforcement agency of the United States, a State, or a 
subdivision of a State, or of an intelligence agency of the 
United States, or any activity authorized under title V of the 
Organized Crime Control Act of 1970 (18 U.S.C. note prec. 
3481). For purposes of 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. 1547. Alternative imprisonment maximum for certain offenses

    [Notwithstanding any other provision of this title, the 
maximum term of imprisonment that may be imposed for an offense 
under this chapter (other than an offense under section 1545)--
            [(1) if committed to facilitate a drug trafficking 
        crime (as defined in 929(a)) is 15 years; and
            [(2) if committed to facilitate an act of 
        international terrorism (as defined in section 2331) is 
        20 years.]

                    CHAPTER 75--PASSPORTS AND VISAS

Sec.
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.

           *       *       *       *       *       *       *


CHAPTER 95--RACKETEERING

           *       *       *       *       *       *       *


Sec. 1956. Laundering of monetary instruments

    (a)(1) Whoever, knowing that the property involved in a 
financial transaction represents the proceeds of some form of 
unlawful activity, conducts or attempts to conduct such a 
financial transaction which in fact involves the proceeds of 
specified unlawful activity--
            (A) * * *
            [(B) knowing that the transaction is designed in 
        whole or in part--
                    [(i) to conceal or disguise the nature, the 
                location, the source, the ownership, or the 
                control of the proceeds of specified unlawful 
                activity; or
                    [(ii) to avoid a transaction reporting 
                requirement under State or Federal law,]
            (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,
shall be sentenced to a fine of not more than $500,000 or twice 
the value of the property involved in the transaction, 
whichever is greater, or imprisonment for not more than twenty 
years, or both. For purposes of this paragraph, a financial 
transaction shall be considered to be one involving the 
proceeds of specified unlawful activity if it is part of a set 
of parallel or dependent transactions, any one of which 
involves the proceeds of specified unlawful activity, and all 
of which are part of a single plan or arrangement.
    (2) Whoever transports, transmits, or transfers, or 
attempts to transport, transmit, or transfer a monetary 
instrument or funds from a place in the United States to or 
through a place outside the United States or to a place in the 
United States from or through a place outside the United 
States--
            (A) * * *
            [(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 is designed in whole or in 
        part--
                    [(i) to conceal or disguise the nature, the 
                location, the source, the ownership, or the 
                control of the proceeds of specified unlawful 
                activity; or
                    [(ii) to avoid a transaction reporting 
                requirement under State or Federal law,]
            (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,
shall be sentenced to a fine of not more than $500,000 or twice 
the value of the monetary instrument or funds involved in the 
transportation, transmission, or transfer, whichever is 
greater, or imprisonment for not more than twenty years, or 
both. For the purpose of the offense described in subparagraph 
(B), the defendant's knowledge may be established by proof that 
a law enforcement officer represented the matter specified in 
subparagraph (B) as true, and the defendant's subsequent 
statements or actions indicate that the defendant believed such 
representations to be true.

           *       *       *       *       *       *       *

    (c) As used in this section--
            (1) * * *

           *       *       *       *       *       *       *

            (7) the term ``specified unlawful activity'' 
        means--
                    (A) * * *

           *       *       *       *       *       *       *

                    (D) an offense under section 32 (relating 
                to the destruction of aircraft), section 37 
                (relating to violence at international 
                airports), section 115 (relating to 
                influencing, impeding, or retaliating against a 
                Federal official by threatening or injuring a 
                family member), section 152 (relating to 
                concealment of assets; false oaths and claims; 
                bribery), section 175c (relating to the variola 
                virus), section 215 (relating to commissions or 
                gifts for procuring loans), section 351 
                (relating to congressional or Cabinet officer 
                assassination), any of sections 500 through 503 
                (relating to certain counterfeiting offenses), 
                section 513 (relating to securities of States 
                and private entities), section 541 (relating to 
                goods falsely classified), section 542 relating 
                to entry of goods by means of false 
                statements), section 545 (relating to smuggling 
                goods into the United States), section 549 
                (relating to removing goods from Customs 
                custody), section 554 (relating to smuggling 
                goods from the United States), section 555 
                (relating to border tunnels), section 641 
                (relating to public money, property, or 
                records), section 656 (relating to theft, 
                embezzlement, or misapplication by bank officer 
                or employee), section 657 (relating to lending, 
                credit, and insurance institutions), section 
                658 (relating to property mortgaged or pledged 
                to farm credit agencies), section 666 (relating 
                to theft or bribery concerning programs 
                receiving Federal funds), section 793, 794, or 
                798 (relating to espionage), section 831 
                (relating to prohibited transactions involving 
                nuclear materials), section 844 (f) or (i) 
                (relating to destruction by explosives or fire 
                of Government property or property affecting 
                interstate or foreign commerce), section 875 
                (relating to interstate communications), 
                section 922(1) (relating to the unlawful 
                importation of firearms), section 924(n) 
                (relating to firearms trafficking), section 956 
                (relating to conspiracy to kill, kidnap, maim, 
                or injure certain property in a foreign 
                country), section 1005 (relating to fraudulent 
                bank entries), 1006(relating to fraudulent 
                Federal credit institution entries), 
                1007(relating to Federal Deposit Insurance 
                transactions), 1014(relating to fraudulent loan 
                or credit applications), section 1030 (relating 
                to computer fraud and abuse), 1032(relating to 
                concealment of assets from conservator, 
                receiver, or liquidating agent of financial 
                institution), section 1111 (relating to 
                murder), section 1114 (relating to murder of 
                United States law enforcement officials), 
                section 1116 (relating to murder of foreign 
                officials, official guests, or internationally 
                protected persons), section 1201 (relating to 
                kidnaping), section 1203 (relating to hostage 
                taking), section 1361 (relating to willful 
                injury of Government property), section 1363 
                (relating to destruction of property within the 
                special maritime and territorial jurisdiction), 
                section 1590 (relating to trafficking with 
                respect to peonage, slavery, involuntary 
                servitude, or forced labor), section 1708 
                (theft from the mail), section 1751 (relating 
                to Presidential assassination), section 2113 or 
                2114 (relating to bank and postal robbery and 
                theft), section 2252A (relating to child 
                pornography) where the child pornography 
                contains a visual depiction of an actual minor 
                engaging in sexually explicit conduct, section 
                2260 (production of certain child pornography 
                for importation into the United States), 
                section 2280 (relating to violence against 
                maritime navigation), section 2281 (relating to 
                violence against maritime fixed platforms), 
                section 2319 (relating to copyright 
                infringement), section 2320 (relating to 
                trafficking in counterfeit goods and services), 
                section 2332 (relating to terrorist acts abroad 
                against United States nationals), section 2332a 
                (relating to use of weapons of mass 
                destruction), section 2332b (relating to 
                international terrorist acts transcending 
                national boundaries), section 2332g (relating 
                to missile systems designed to destroy 
                aircraft), section 2332h (relating to 
                radiological dispersal devices), section 2339A 
                or 2339B (relating to providing material 
                support to terrorists), section 2339C (relating 
                to financing of terrorism), or section 2339D 
                (relating to receiving military-type training 
                from a foreign terrorist organization) of this 
                title, section 46502 of title 49, United States 
                Code, a felony violation of the Chemical 
                Diversion and Trafficking Act of 1988 (relating 
                to precursor and essential chemicals), section 
                590 of the Tariff Act of 1930 (19 U.S.C. 1590) 
                (relating to aviation smuggling), section 
                274(a) of the Immigration and Nationality Act 
                (8 U.S.C.1324(a)) (relating to bringing in and 
                harboring certain aliens), section 422 of the 
                Controlled Substances Act (relating to 
                transportation of drug paraphernalia), section 
                38(c) (relating to criminal violations) of the 
                Arms Export Control Act, section 11 (relating 
                to violations) of the Export Administration Act 
                of 1979, section 206 (relating to penalties) of 
                the International Emergency Economic Powers 
                Act, section 16 (relating to offenses and 
                punishment) of the Trading with the Enemy Act, 
                any felony violation of section 15 of the Food 
                and Nutrition Act of 2008 (relating to 
                supplemental nutrition assistance program 
                benefits fraud) involving a quantity of 
                benefits having a value of not less than 
                $5,000, any violation of section 543(a)(1) of 
                the Housing Act of 1949 (relating to equity 
                skimming), any felony violation of the Foreign 
                Agents Registration Act of 1938, any felony 
                violation of the Foreign Corrupt Practices Act, 
                or section 92 of the Atomic Energy Act of 1954 
                (42 U.S.C. 2122) (relating to prohibitions 
                governing atomic weapons)

           *       *       *       *       *       *       *


       CHAPTER 96--RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS

Sec. 1961. Definitions

    As used in this chapter--
            (1) ``racketeering activity'' means (A) any act or 
        threat involving murder, kidnapping, gambling, arson, 
        robbery, bribery, extortion, dealing in obscene matter, 
        or dealing in a controlled substance or listed chemical 
        (as defined in section 102 of the Controlled Substances 
        Act), which is chargeable under State law and 
        punishable by imprisonment for more than one year; (B) 
        any act which is indictable under any of the following 
        provisions of title 18, United States Code: Section 201 
        (relating to bribery), section 224 (relating to sports 
        bribery), sections 471, 472, and 473 (relating to 
        counterfeiting), section 659 (relating to theft from 
        interstate shipment) if the act indictable under 
        section 659 is felonious, section 664 (relating to 
        embezzlement from pension and welfare funds), sections 
        891-894 (relating to extortionate credit transactions), 
        section 1028 (relating to fraud and related activity in 
        connection with identification documents), section 1029 
        (relating to fraud and related activity in connection 
        with access devices), section 1084 (relating to the 
        transmission of gambling information), section 1341 
        (relating to mail fraud), section 1343 (relating to 
        wire fraud), section 1344 (relating to financial 
        institution fraud), section 1351 (relating to fraud in 
        foreign labor contracting), section 1425 (relating to 
        the procurement of citizenship or nationalization 
        unlawfully), section 1426 (relating to the reproduction 
        of naturalization or citizenship papers), section 1427 
        (relating to the sale of naturalization or citizenship 
        papers), sections 1461-1465 (relating to obscene 
        matter), section 1503 (relating to obstruction of 
        justice), section 1510 (relating to obstruction of 
        criminal investigations), section 1511 (relating to the 
        obstruction of State or local law enforcement), section 
        1512 (relating to tampering with a witness, victim, or 
        an informant), section 1513 (relating to retaliating 
        against a witness, victim, or an informant), [section 
        1542 (relating to false statement in application and 
        use of passport), section 1543 (relating to forgery or 
        false use of passport), section 1544 (relating to 
        misuse of passport), section 1546 (relating to fraud 
        and misuse of visas, permits, and other documents)] 
        sections 1541-1548 (relating to passports and visas), 
        sections 1581-1592 (relating to peonage, slavery, and 
        trafficking in persons)., section 1951 (relating to 
        interference with commerce, robbery, or extortion), 
        section 1952 (relating to racketeering), section 1953 
        (relating to interstate transportation of wagering 
        paraphernalia), section 1954 (relating to unlawful 
        welfare fund payments), section 1955 (relating to the 
        prohibition of illegal gambling businesses), section 
        1956 (relating to the laundering of monetary 
        instruments), section 1957 (relating to engaging in 
        monetary transactions in property derived from 
        specified unlawful activity), section 1958 (relating to 
        use of interstate commerce facilities in the commission 
        of murder-for-hire), section 1960 (relating to illegal 
        money transmitters), sections 2251, 2251A, 2252, and 
        2260 (relating to sexual exploitation of children), 
        sections 2312 and 2313 (relating to interstate 
        transportation of stolen motor vehicles), sections 2314 
        and 2315 (relating to interstate transportation of 
        stolen property), section 2318 (relating to trafficking 
        in counterfeit labels for phonorecords, computer 
        programs or computer program documentation or packaging 
        and copies of motion pictures or other audiovisual 
        works), section 2319 (relating to criminal infringement 
        of a copyright), section 2319A (relating to 
        unauthorized fixation of and trafficking in sound 
        recordings and music videos of live musical 
        performances), section 2320 (relating to trafficking in 
        goods or services bearing counterfeit marks), section 
        2321 (relating to trafficking in certain motor vehicles 
        or motor vehicle parts), sections 2341-2346 (relating 
        to trafficking in contraband cigarettes), sections 
        2421-24 (relating to white slave traffic), sections 
        175-178 (relating to biological weapons), sections 229-
        F (relating to chemical weapons), section 831 (relating 
        to nuclear materials),(C) any act which is indictable 
        under title 29, United States Code, section 186 
        (dealing with restrictions on payments and loans to 
        labor organizations) or section 501(c) (relating to 
        embezzlement from union funds), (D) any offense 
        involving fraud connected with a case under title 11 
        (except a case under section 157 of this title), fraud 
        in the sale of securities, or the felonious 
        manufacture, importation, receiving, concealment, 
        buying, selling, or otherwise dealing in a controlled 
        substance or listed chemical (as defined in section 102 
        of the Controlled Substances Act), punishable under any 
        law of the United States, (E) any act which is 
        indictable under the Currency and Foreign Transactions 
        Reporting Act, (F) any act which is indictable under 
        the Immigration and Nationality Act, 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) 
        if the act indictable under such section of such Act 
        was committed for the purpose of financial gain, or (G) 
        any act that is indictable under any provision listed 
        in section 2332b(g)(5)(B);

           *       *       *       *       *       *       *


PART II--CRIMINAL PROCEDURE

           *       *       *       *       *       *       *


CHAPTER 213--LIMITATIONS

           *       *       *       *       *       *       *


Sec. 3291. Nationality, citizenship and passports

    [No person shall be prosecuted, tried, or punished for 
violation of any provision of sections 1423 to 1428, inclusive, 
of chapter 69 and sections 1541 to 1544, inclusive, of chapter 
75 of title 18 of the United States Code, or for conspiracy to 
violate any of such sections, unless the indictment is found or 
the information is instituted within ten years after the 
commission of the offense.] 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.

           *       *       *       *       *       *       *

                              ----------                              


                     HOMELAND SECURITY ACT OF 2002



           *       *       *       *       *       *       *
TITLE IV--DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY

           *       *       *       *       *       *       *


Subtitle C--Miscellaneous Provisions

           *       *       *       *       *       *       *


SEC. 428. VISA ISSUANCE.

    (a) Definition.--In this [subsection] section, the term 
``[consular office] consular officer'' has the meaning given 
that term under section 101(a)(9) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(9)).
    [(b) 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) of 
this section, the Secretary--
            [(1) shall be vested exclusively with all 
        authorities to issue regulations with respect to, 
        administer, and enforce the provisions of such Act, and 
        of all other immigration and nationality laws, relating 
        to the functions of consular officers of the United 
        States in connection with the granting or refusal of 
        visas, and shall have the authority to refuse visas in 
        accordance with law and to develop programs of homeland 
        security training for consular officers (in addition to 
        consular training provided by the Secretary of State), 
        which authorities shall be exercised through the 
        Secretary of State, except that the Secretary shall not 
        have authority to alter or reverse the decision of a 
        consular officer to refuse a visa to an alien; and
            [(2) shall have authority to confer or impose upon 
        any officer or employee of the United States, with the 
        consent of the head of the executive agency under whose 
        jurisdiction such officer or employee is serving, any 
        of the functions specified in paragraph (1).
    [(c) Authority of the Secretary of State.--
            [(1) In general.--Notwithstanding subsection (b), 
        the Secretary of State may direct a consular officer to 
        refuse a visa to an alien if the Secretary of State 
        deems such refusal necessary or advisable in the 
        foreign policy or security interests of the United 
        States.
            [(2) Construction regarding authority.--Nothing in 
        this section, consistent with the Secretary of Homeland 
        Security's authority to refuse visas in accordance with 
        law, shall be construed as affecting the authorities of 
        the Secretary of State under the following provisions 
        of law:
                    [(A) Section 101(a)(15)(A) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1101(a)(15)(A)).
                    [(B) Section 204(d)(2) of the Immigration 
                and Nationality Act (8 U.S.C. 1154) (as it will 
                take effect upon the entry into force of the 
                Convention on Protection of Children and 
                Cooperation in Respect to Inter-Country 
                adoption).
                    [(C) Section 212(a)(3)(B)(i)(IV)(bb) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1182(a)(3)(B)(i)(IV)(bb)).
                    [(D) Section 212(a)(3)(B)(i)(VI) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1182(a)(3)(B)(i)(VI)).
                    [(E) Section 212(a)(3)(B)(vi)(II) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1182(a)(3)(B)(vi)(II)).
                    [(F) Section 212(a)(3)(C) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1182(a)(3)(C)).
                    [(G) Section 212(a)(10)(C) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1182(a)(10)(C)).
                    [(H) Section 212(f) of the Immigration and 
                Nationality Act (8 U.S.C. 1182(f)).
                    [(I) Section 219(a) of the Immigration and 
                Nationality Act (8 U.S.C. 1189(a)).
                    [(J) Section 237(a)(4)(C) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1227(a)(4)(C)).
                    [(K) Section 401 of the Cuban Liberty and 
                Democratic Solidarity (LIBERTAD) Act of 1996 
                (22 U.S.C. 6034; Public Law 104-114).
                    [(L) Section 613 of the Departments of 
                Commerce, Justice, and State, the Judiciary and 
                Related Agencies Appropriations Act, 1999 (as 
                contained in section 101(b) of division A of 
                Public Law 105-277) (Omnibus Consolidated and 
                Emergency Supplemental Appropriations Act, 
                1999); 112 Stat. 2681; H.R. 4328 (originally 
                H.R. 4276) as amended by section 617 of Public 
                Law 106-553.
                    [(M) Section 103(f) of the Chemical Weapon 
                Convention Implementation Act of 1998 (112 
                Stat. 2681-865).
                    [(N) Section 801 of H.R. 3427, the Admiral 
                James W. Nance and Meg Donovan Foreign 
                Relations Authorization Act, Fiscal Years 2000 
                and 2001, as enacted by reference in Public Law 
                106-113.
                    [(O) Section 568 of the Foreign Operations, 
                Export Financing, and Related Programs 
                Appropriations Act, 2002 (Public Law 107-115).
                    [(P) Section 51 of the State Department 
                Basic Authorities Act of 1956 (22 U.S.C. 
                2723).]
    (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 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 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).

           *       *       *       *       *       *       *

    [(i) Visa Issuance Program for Saudi Arabia.--
Notwithstanding any other provision of law, after the date of 
the enactment of this Act all third party screening programs in 
Saudi Arabia shall be terminated. On-site personnel of the 
Department of Homeland Security shall review all visa 
applications prior to adjudication.]
    (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.
    (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.

           *       *       *       *       *       *       *


Subtitle D--Immigration Enforcement Functions

           *       *       *       *       *       *       *


SEC. 442. ESTABLISHMENT OF BUREAU OF BORDER SECURITY.

    (a) Establishment of Bureau.--
            (1) * * *

           *       *       *       *       *       *       *

            (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).
            [(5)] (6) Managerial rotation program.--
                    (A) * * *

           *       *       *       *       *       *       *

                              ----------                              


    DEPARTMENT OF STATE AND RELATED AGENCY APPROPRIATIONS ACT, 2005

             (Title IV of division B of Public Law 108-447)




           *       *       *       *       *       *       *
DIVISION B--DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, 
AND RELATED AGENCIES APPROPRIATIONS ACT, 2005

           *       *       *       *       *       *       *


            TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY

DEPARTMENT OF STATE

           *       *       *       *       *       *       *


                   Administration of Foreign Affairs

                    DIPLOMATIC AND CONSULAR PROGRAMS

    For necessary expenses of the Department of State and the 
Foreign Service not otherwise provided for, including 
employment, without regard to civil service and classification 
laws, of persons on a temporary basis (not to exceed $700,000 
of this appropriation), as authorized by section 801 of the 
United States Information and Educational Exchange Act of 1948; 
representation to certain international organizations in which 
the United States participates pursuant to treaties ratified 
pursuant to the advice and consent of the Senate or specific 
Acts of Congress; arms control, nonproliferation and 
disarmament activities as authorized; acquisition by exchange 
or purchase of passenger motor vehicles as authorized by law; 
and for expenses of general administration, $3,570,000,000: 
Provided, That not to exceed 71 permanent positions shall be 
for the Bureau of Legislative Affairs: Provided further, That 
none of the funds made available under this heading may be used 
to transfer any full-time equivalent employees into or out of 
the Bureau of Legislative Affairs: Provided further, That, of 
the amount made available under this heading, not to exceed 
$4,000,000 may be transferred to, and merged with, funds in the 
``Emergencies in the Diplomatic and Consular Service'' 
appropriations account, to be available only for emergency 
evacuations and terrorism rewards: Provided further, That, of 
the amount made available under this heading, $319,994,000 
shall be available only for public diplomacy international 
information programs: Provided further, That of the amount made 
available under this heading, $3,000,000 shall be available 
only for the operations of the Office on Right-Sizing the 
United States Government Overseas Presence: Provided further, 
That funds available under this heading may be available for a 
United States Government interagency task force to examine, 
coordinate and oversee United States participation in the 
United Nations headquarters renovation project: Provided 
further, That no funds may be obligated or expended for 
processing licenses for the export of satellites of United 
States origin (including commercial satellites and satellite 
components) to the People's Republic of China unless, at least 
15 days in advance, the Committees on Appropriations of the 
House of Representatives and the Senate are notified of such 
proposed action: Provided further, That of the amount made 
available under this heading, $185,128,000 is for Near Eastern 
Affairs, $80,234,000 is for South Asian Affairs, and 
$251,706,000 is for African Affairs: Provided further, That, of 
the amount made available under this heading, $2,000,000 shall 
be available for a grant to conduct an international conference 
on the human rights situation in North Korea: Provided further, 
That of the amount made available under this heading, $200,000 
is for a grant to the Center for the Study of the Presidency 
and $1,900,000 is for a grant to Shared Hope International to 
combat international sex tourism: Provided further, That the 
Intellectual Property Division shall be elevated to office-
level status and shall be renamed the Office of International 
Intellectual Property Enforcement within 60 days of enactment 
of this Act.
    In addition, not to exceed $1,426,000 shall be derived from 
fees collected from other executive agencies for lease or use 
of facilities located at the International Center in accordance 
with section 4 of the International Center Act; in addition, as 
authorized by section 5 of such Act, $490,000, to be derived 
from the reserve authorized by that section, to be used for the 
purposes set out in that section; in addition, as authorized by 
section 810 of the United States Information and Educational 
Exchange Act, not to exceed $6,000,000, to remain available 
until expende