S.Amdt. 2018

SA 2018. Mr. CORNYN submitted an amendment intended to be proposed by
him to the bill H.R. 2579, to amend the Internal Revenue Code of 1986
to allow the premium tax credit with respect to unsubsidized COBRA
continuation coverage; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:

SEC. __. EXPEDITED REMOVAL FOR ALIENS INADMISSIBLE ON
CRIMINAL OR SECURITY GROUNDS.

(a) In General.--Section 238 of the Immigration and
Nationality Act (8 U.S.C. 1228) is amended--
(1) in the section heading, by adding at the end the
following: ``or who are subject to terrorism-related grounds
for removal'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security, in the Secretary's sole and
unreviewable discretion,''; and
(ii) by striking ``set forth in this subsection or'' and
inserting ``set forth in this subsection, in lieu of removal
proceedings under'';
(B) in paragraphs (3) and (4), by striking ``Attorney
General'' each place that term appears and inserting
``Secretary'';
(C) in paragraph (5)--
(i) by striking ``described in this section'' and inserting
``described in paragraph (1) or (2)''; and

[[Page S1171]]

(ii) by striking ``the Attorney General may grant in the
Attorney General's discretion.'' and inserting ``the
Secretary or the Attorney General may grant, in the sole and
unreviewable discretion of the Secretary or the Attorney
General, in any proceeding.'';
(D) by redesignating paragraphs (3), (4), and (5) as
paragraphs (4), (5), and (6), respectively; and
(E) by inserting after paragraph (2) the following:
``(3) The Secretary of Homeland Security, in the exercise
of discretion, may determine inadmissibility under section
212(a)(2) 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
235(b)(1)(B); and
``(C) is not eligible for a waiver of inadmissibility or
relief from removal.'';
(3) by redesignating the first subsection (c) as subsection
(d);
(4) by redesignating the second subsection (c), as so
designated by section 617(b)(13) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (division C
of Public Law 104-208; 110 Stat. 3009-720)), as subsection
(e); and
(5) by inserting after subsection (b) the following:
``(c) Removal of Aliens Who Are Subject to Terrorism-
related Grounds for Removal.--
``(1) In general.--The Secretary of Homeland Security--
``(A) notwithstanding section 240, shall--
``(i) determine the inadmissibility of every alien under
subclause (I), (II), or (III) of section 212(a)(3)(B)(i), or
the deportability of the alien under section 237(a)(4)(B) as
a consequence of being described in 1 of such subclauses; and
``(ii) issue an order of removal pursuant to the procedures
set forth in this subsection to every alien determined to be
inadmissible or deportable on a ground described in clause
(i); and
``(B) may--
``(i) determine the inadmissibility of any alien under
subparagraph (A) or (B) of section 212(a)(3) (other than
subclauses (I), (II), and (III) of section 212(a)(3)(B)(i)),
or the deportability of the alien under subparagraph (A) or
(B) of section 237(a)(4) (as a consequence of being described
in subclause (I), (II), or (III) of section 212(a)(3)(B)(i));
and
``(ii) issue an order of removal pursuant to the procedures
set forth in this subsection to every alien determined to be
inadmissible or deportable on a ground described in clause
(i).
``(2) Limitation.--The Secretary may not execute any order
described in paragraph (1) until 30 days after the date on
which such order was issued, unless waived by the alien, to
give the alien an opportunity to petition for judicial review
under section 242.
``(3) Proceedings.--The Secretary shall prescribe
regulations to govern proceedings under this subsection,
which shall require that--
``(A) the alien is given reasonable notice of the charges
and of the opportunity described in subparagraph (C);
``(B) the alien has the privilege of being represented (at
no expense to the Government) by such counsel, authorized to
practice in such proceedings, as the alien shall choose;
``(C) the alien has a reasonable opportunity to inspect the
evidence and rebut the charges;
``(D) a determination is made on the record that the
individual upon whom the notice for the proceeding under this
section is served (either in person or by mail) is, in fact,
the alien named in such notice;
``(E) a record is maintained for judicial review; and
``(F) the final order of removal is not adjudicated by the
same person who issues the charges.
``(4) Limitation on relief from removal.--No alien
described in this subsection shall be eligible for any relief
from removal that the Secretary may grant in the Secretary's
discretion.''.
(b) Clerical Amendment.--The table of contents of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by striking the item relating to section 238 and
inserting the following:

``Sec. 238. Expedited removal of aliens convicted of aggravated
felonies or who are subject to terrorism-related grounds
for removal.''.
(c) Effective Date and Application.--The amendments made by
this section 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 (8 U.S.C. 1229a) on such date of enactment.

SEC. __. BARRING AGGRAVATED FELONS, BORDER CHECKPOINT
RUNNERS, AND SEX OFFENDERS FROM ADMISSION TO
THE UNITED STATES.

(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) in subparagraph (A)(i)--
(i) in subclause (I), by striking ``, or'' at the end and
inserting a semicolon;
(ii) in subclause (II), by striking the comma at the end
and inserting ``; or''; and
(iii) by inserting after subclause (II) the following:

``(III) a violation of (or a conspiracy or attempt to
violate) any statute relating to 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 documents,
authentication features, and information)''; and

(B) by adding at the end the following:
``(J) Citizenship fraud.--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, admits having committed,
or admits committing acts which constitute the essential
elements of, any law relating to, 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. For
purposes of this subparagraph the term `any law' includes
State laws that do not contain an exception for antique
firearms. If the State law does not contain an exception for
antique firearms, the Secretary or the Attorney General may
consider documentary evidence related to the conviction,
including, but not limited to, charging documents, plea
agreements, plea colloquies, jury instructions, and police
reports, to establish that the offense involved at least 1
firearm that is not an antique firearm.
``(L) Aggravated felons.--Any alien who has been convicted
of an aggravated felony at any time is inadmissible.
``(M) High speed flight.--Any alien who has been convicted
of a violation of section 758 of title 18, United States Code
(relating to high speed flight from an immigration
checkpoint) is inadmissible.
``(N) Failure to register as a sex offender.--Any alien
convicted under section 2250 of title 18, United States Code,
is inadmissible.
``(O) Crimes of domestic violence, stalking, or violation
of protection orders; crimes against children.--
``(i) Domestic violence, stalking, and child abuse.--Except
as provided in subsection (v), any alien who at any time is
or has been convicted of a crime involving the use or
attempted use of physical force, or threatened use of a
deadly weapon, 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' has the meaning given the
term in section 237(a)(2)(E)(i).
``(ii) Violators of protection orders.--Except as provided
in subsection (v), any alien who at any time is or has been
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' has the meaning
given the term in section 237(a)(2)(E)(ii).'';
(2) in subsection (h)--
(A) in paragraph (1)--
(i) in subparagraph (A), by redesignating clauses (i),
(ii), and (iii) as subclauses (I), (II), and (III),
respectively;
(ii) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii), respectively;
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(C) in the matter preceding subparagraph (A), as
redesignated--
(i) by inserting ``(1)'' before ``The Attorney General'';
and
(ii) by striking ``, and (E)'', and inserting ``(E), and
(K)'';
(D) in the matter following subparagraph (B), as
redesignated--
(i) by striking the first 2 sentences and inserting the
following:
``(2) A waiver may not be provided under this subsection to
an alien--
``(A) who has been convicted of (or who has admitted
committing acts that constitute)--
``(i) murder or criminal acts of torture; or
``(ii) an attempt or conspiracy to commit murder or a
criminal act involving torture;
``(B) who has been convicted of an aggravated felony; or
``(C) who has been lawfully admitted for permanent
residence and who since the date of such admission has not
lawfully resided continuously in the United States for at
least 7 years immediately preceding the date on which
proceedings were initiated to remove the alien from the
United States.''; and
(ii) by striking ``No court'' and inserting the following:
``(3) No court'';
(3) by redesignating subsection (t), as added by section
1(b)(2)(B) of Public Law 108-449, as subsection (u); and
(4) by adding at the end the following:
``(v) Waiver for Victims of Domestic Violence.--

[[Page S1172]]

``(1) In general.--The Secretary or the Attorney General is
not limited by the criminal court record and may waive the
application of subsection (a)(2)(O)(i) (with respect to
crimes of domestic violence and crimes of stalking) and
subsection (a)(2)(O)(ii), in the case of an alien who has
been battered or subjected to extreme cruelty and who is not
and was not the primary perpetrator of violence in the
relationship, upon a determination that--
``(A) the alien was acting in self-defense;
``(B) the alien was found to have violated a protection
order intended to protect the alien; or
``(C) the alien committed or was convicted of committing a
crime--
``(i) that did not result in serious bodily injury; and
``(ii) where there was a connection between the crime and
the alien's having been battered or subjected to extreme
cruelty.
``(2) Credible evidence considered.--In acting on
applications for a waiver under this subsection, the
Secretary or the Attorney General shall consider any credible
evidence relevant to the application. The determination of
what evidence is credible and the weight to be given that
evidence shall be within the sole discretion of the Secretary
or the Attorney General.''.
(b) 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) Identification fraud.--Any alien who is convicted of
a violation of (or a conspiracy or attempt to violate) an
offense relating to 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.''.
(c) 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 (i), by striking the comma at the end and
inserting a semicolon;
(2) in clause (ii), by striking ``, or'' at the end and
inserting a semicolon;
(3) in clause (iii), by striking the comma at the end and
inserting ``; or''; and
(4) by inserting after clause (iii) the following:
``(iv) 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 unlawful procurement of
citizenship or naturalization),''.
(d) Applicability.--The amendments made by this section
shall apply to--
(1) any act that occurred before, on, or after the date of
the enactment of this Act;
(2) all aliens who are required to establish admissibility
on or after such date of enactment; and
(3) all removal, deportation, or exclusion proceedings that
are filed, pending, or reopened, on or after such date of
enactment.
(e) Rule of Construction.--The amendments made by this
section may not be construed to create eligibility for relief
from removal under section 212(c) of the Immigration and
Nationality Act (8 U.S.C. 1182(c)), as in effect on the day
before the date of the enactment of this Act, if such
eligibility did not exist before such date of enactment.
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