To make certain aliens ineligible for conditional nonimmigrant work authorization and status.

SA 3206. Mr. KYL (for himself and Mr. Cornyn) proposed an amendment
to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy,
and Mr. Hagel) to the bill S. 2454, to amend the Immigration and
Nationality Act to provide for comprehensive reform and for other
purposes; as follows:

On page 329, line 11, insert ``(other than subparagraph
(C)(i)(II) of such paragraph (9))'' after ``212(a)''.
On page 330, strike lines 10 through 15, and insert the
following:
``(3) Ineligibility.--An alien is ineligible for
conditional nonimmigrant work authorization and status under
this section if--
``(A) the alien is subject to a final order of removal
under section 217, 235, 238, or 240;
``(B) the alien failed to depart the United States during
the period of a voluntary departure order entered under
section 240B;
``(C) the Secretary of Homeland Security determines that--
``(i) the alien, having been convicted by a final judgment
of a serious crime, constitutes a danger to the community of
the United States;
``(ii) there are reasonable grounds for believing that the
alien has committed a serious crime outside the United States
prior to the arrival of the alien in the United States; or
``(iii) there are reasonable grounds for regarding the
alien as a danger to the security of the United States;
``(D) the alien has been convicted of any felony or three
or more misdemeanors; or
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