[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3522 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 3522
To amend the Immigration and Nationality Act to bar the admission, and
facilitate the removal, of alien terrorists and their supporters and
fundraisers, to secure our borders against terrorists, drug
traffickers, and other illegal aliens, to facilitate the removal of
illegal aliens and aliens who are criminals or human rights abusers, to
reduce visa, document, and employment fraud, to temporarily suspend
processing of certain visas and immigration benefits, to reform the
legal immigration system, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 19, 2003
Mr. Barrett of South Carolina (for himself, Mr. Miller of Florida, and
Mr. Goode) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to bar the admission, and
facilitate the removal, of alien terrorists and their supporters and
fundraisers, to secure our borders against terrorists, drug
traffickers, and other illegal aliens, to facilitate the removal of
illegal aliens and aliens who are criminals or human rights abusers, to
reduce visa, document, and employment fraud, to temporarily suspend
processing of certain visas and immigration benefits, to reform the
legal immigration system, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CONTENTS; SEVERABILITY.
(a) Short Title.--This Act may be cited as--
(1) the ``Securing America's Future through Enforcement
Reform Act of 2003''; or
(2) the ``SAFER Act''.
(b) References to Immigration and Nationality Act.--Except as
otherwise expressly provided, whenever in this Act an amendment or
repeal is expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered to be
made to a section or other provision of the Immigration and Nationality
Act.
(c) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; references; table of contents; severability.
Sec. 2. Congressional findings.
TITLE I--SECURING THE BORDER
Subtitle A--Prevention and Punishment of Criminal Smuggling,
Transporting, and Harboring of Aliens
Sec. 101. Increased personnel for investigating alien smuggling.
Sec. 102. Increased criminal sentences and fines for alien smuggling.
Sec. 103. Change to sentencing guidelines.
Sec. 104. Enhanced penalties for persons committing offenses while
armed.
Sec. 105. Discontinuing grant of visas to nationals of countries not
cooperating in combatting alien smuggling.
Subtitle B--Border Personnel and Strategy
Sec. 111. Increase in full-time border patrol agents.
Sec. 112. Report on number of border patrol agents needed to secure
northern border.
Sec. 113. Use of Army and Air Force to secure the border.
Sec. 114. Use of border property to secure the border.
Sec. 115. Report on border strategy.
TITLE II--SCREENING ALIENS SEEKING ADMISSION
Sec. 201. Increase in full-time inspectors.
Sec. 202. Visa waiver program.
Sec. 203. Consular officer interviews of all visa applicants.
Sec. 204. Recodification and reform of grounds of inadmissibility.
Sec. 205. Protections for United States specialty workers.
Sec. 206. Antifraud fee.
TITLE III--TRACKING ALIENS PRESENT IN THE UNITED STATES
Sec. 301. Entry-exit system.
Sec. 302. Collection of information regarding foreign students.
Sec. 303. Alien registration.
Sec. 304. Visa term compliance bonds.
Sec. 305. Release of aliens in removal proceedings.
Sec. 306. Detention of aliens delivered by bondsmen.
TITLE IV--REMOVING ALIEN TERRORISTS, CRIMINALS, AND HUMAN RIGHTS
VIOLATORS
Subtitle A--Removing Alien Terrorists
Sec. 401. Deportability of alien terrorists, national security threats,
and serious foreign crimes.
Sec. 402. Administrative removal of alien terrorists.
Sec. 403. Asylum petitions by members of terrorist organizations.
Sec. 404. Expatriation of terrorists.
Subtitle B--Removing Alien Criminals
Sec. 411. Definition of criminal conviction.
Sec. 412. Removing murderers, rapists, sexual abusers of children, and
drunk drivers.
Sec. 413. Detention and release of criminal aliens pending removal
decision.
Subtitle C--Removing Alien Human Rights Violators
Sec. 421. Serious human rights violator defined.
Sec. 422. Deportability of serious human rights violators.
Sec. 423. Arrest and detention of serious human rights violators
pending removal and criminal prosecution
decisions.
Sec. 424. Exception to restriction on removal for serious human rights
violators and terrorists.
Sec. 425. Initiation of removal proceedings against serious human
rights violators by complaint.
Sec. 426. Bars to refugee status and asylum for serious human rights
violators.
Sec. 427. Bar to adjustment of status for serious human rights
violators.
Sec. 428. Bar to finding of good moral character for serious human
rights violators.
Sec. 429. Bar to cancellation of removal for serious human rights
violators.
Sec. 430. Bar to adjustment of status with respect to certain special
immigrants.
Sec. 431. Criminal penalties for reentry of removed serious human
rights violators.
Sec. 432. Aiding or assisting serious human rights violators to enter
the United States.
Sec. 433. Revision of regulations with respect to the involuntary
return of persons in danger of subjection
to torture.
Sec. 434. Funding for detention and removal assistance provided by
State and local law enforcement agencies.
Sec. 435. Effective date.
TITLE V--ENHANCING ENFORCEMENT OF THE IMMIGRATION AND NATIONALITY ACT
IN THE INTERIOR
Subtitle A--Document Security
Sec. 501. Secure travel documents.
Sec. 502. Social security cards.
Sec. 503. Consular identification documents.
Subtitle B--Employment Eligibility Verification
Sec. 511. Employment eligibility verification process and elimination
of examination of documentation
requirement.
Sec. 512. Employment eligibility verification system.
Sec. 513. Notification by Commissioner of failure to correct social
security information.
Sec. 514. Protection for individuals reporting immigration law
violations.
Subtitle C--Miscellaneous
Sec. 521. Increased investigative personnel.
Sec. 522. Expedited exclusion.
Sec. 523. Adjustment of status for certain aliens.
Sec. 524. Termination of continuous presence for purposes of
cancellation of removal upon commission of
offense rendering alien inadmissible or
deportable.
Sec. 525. Reentry of removed aliens.
Sec. 526. Criminal and civil penalties for entry of aliens at improper
time or place, avoidance of examination or
inspection, unlawful presence, and
misrepresentation or concealment of facts.
Sec. 527. Communication between government agencies and the Department
of Homeland Security.
Sec. 528. Exception to removal for certain aliens.
Sec. 529. Detention facilities.
Sec. 530. Voluntary departure.
Sec. 531. Cancellation of removal.
Sec. 532. Expedited removal of criminal aliens.
Sec. 533. Subject to jurisdiction defined.
Sec. 534. Claims for services performed by unauthorized aliens.
Sec. 535. Restrictions on warrantless entry.
TITLE VI--ELIMINATING EXCESSIVE REVIEW AND DILATORY AND ABUSIVE TACTICS
BY ALIENS IN REMOVAL PROCEEDINGS
Sec. 601. Frivolous applications.
Sec. 602. Continuances; change of venue.
Sec. 603. Burden of proof in asylum proceedings.
Sec. 604. Review of convention against torture grants and denials.
Sec. 605. Time limit for decisions in administrative appeals.
Sec. 606. Review of asylum claims.
Sec. 607. Judicial review.
TITLE VII--EMERGENCY IMMIGRATION WORKLOAD REDUCTION
Sec. 701. Congressional finding.
Sec. 702. Temporary suspension of visa waiver program.
Sec. 703. Temporary suspension of adjustment of status applications.
Sec. 704. Temporary suspension of renewals of temporary protected
status.
Sec. 705. Curtailment of visas for countries denying or delaying
repatriation of nationals.
Sec. 706. Waiver of suspensions.
Sec. 707. Termination of temporary suspensions.
Sec. 708. Effective date.
TITLE VIII--REFORMING LEGAL IMMIGRATION
Subtitle A--Promotion of Citizenship
Sec. 801. Changes in naturalization requirements.
Sec. 802. Oath of Renunciation and Allegiance.
Subtitle B--Treatment of Nationals of State Sponsors of Terrorism
Sec. 811. Treatment of nationals of State sponsors of terrorism.
Subtitle C--Legal Immigration Reform
Sec. 821. Extended family preference categories.
Sec. 822. Employment third preference category.
Sec. 823. Elimination of diversity immigrant program.
Sec. 824. Refugee admissions.
Sec. 825. Aliens subject to direct numerical limitations.
Sec. 826. Education of family-sponsored immigrants.
Sec. 827. Sponsorship levels.
Sec. 828. Repeal of section 245(i).
TITLE IX--MISCELLANEOUS PROVISIONS
Sec. 901. Temporary protected status.
Sec. 902. Good moral character.
Sec. 903. Removal for aliens who make misrepresentations to procure
benefits.
Sec. 904. Designations of foreign terrorist organizations.
Sec. 905. Foreign students.
Sec. 906. Pay grade GS-15 available for trial attorneys.
Sec. 907. Proof of identity of aliens seeking relief.
Sec. 908. Following to join defined.
Sec. 909. Information on foreign crimes.
(d) Severability.--If any provision of this Act, or the application
of such a provision to any person or circumstance, is held to be
unconstitutional, the remainder of this Act, and the application of the
provisions of this Act to any other person or circumstance, shall not
be affected by such holding.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds as follows:
(1) Alien terrorists are not a distinct national security
problem that is somehow separable from the interrelated
problems of alien trafficking, alien criminality, and illegal
immigration driven by economic factors.
(2) An effective counter-terrorism effort must assume that
terrorists will take advantage of our permeable borders and the
ability of illegal aliens to operate in the United States
without any systematic effort to locate and remove them.
(3) The capability to routinely and reliably detect and
locate non-citizens present in the United States, and
accurately identify their immigration status, is the first
essential line of defense against alien terrorist operations on
United States territory.
(4) A comprehensive strategy of interior enforcement that
includes an automated work authorization verification system,
penalties for employers who knowingly hire illegal aliens, and
prompt removal of aliens found working without authorization is
the only effective way to identify and control the large
illegal alien population in the United States.
(5) Suppression of illegal immigration through effective
alien registration and document security programs is the most
practical and effective means to protect the civic freedoms
treasured by U.S. citizens during periods of terrorist-related
national security threats.
TITLE I--SECURING THE BORDER
Subtitle A--Prevention and Punishment of Criminal Smuggling,
Transporting, and Harboring of Aliens
SEC. 101. INCREASED PERSONNEL FOR INVESTIGATING ALIEN SMUGGLING.
(a) In General.--The Secretary of Homeland Security, in each of the
fiscal years 2004 through 2011, shall increase the number of positions
for full-time, active-duty investigators or other enforcement personnel
within the Department of Homeland Security who are assigned to combat
alien smuggling by not less than 50 positions above the number of such
positions for which funds were allotted for the preceding fiscal year.
(b) Authorization of Appropriations.--
(1) In general.--In addition to funds otherwise available
for such purpose, there are authorized to be appropriated to
the Department of Homeland Security such sums as may be
necessary in each of the fiscal years 2004 through 2011 to
carry out subsection (a), and to cover the operating expenses
of the department in conducting undercover investigations of
alien smuggling activities and in prosecuting violations of
section 274(a)(1)(A) of the Immigration and Nationality Act (8
U.S.C. 1324(a)(1)(A)) (relating to alien smuggling), resulting
from the increase in personnel under subsection (a).
(2) Availability of funds.--Amounts appropriated pursuant
to paragraph (1) are authorized to remain available until
expended.
(c) Alien Smuggling Defined.--In this section, the term ``alien
smuggling'' means any act prohibited by section 274(a) of the
Immigration and Nationality Act (8 U.S.C. 1324(a)) or section 274A(a)
of such Act (8 U.S.C. 1324a(a)).
SEC. 102. INCREASED CRIMINAL SENTENCES AND FINES FOR ALIEN SMUGGLING.
(a) In General.--Subject to subsection (b), pursuant to its
authority under section 994(p) of title 28, United States Code, the
United States Sentencing Commission shall promulgate sentencing
guidelines or amend existing sentencing guidelines for smuggling,
transporting, harboring, or inducing aliens under sections 274(a)(1)(A)
of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A)) so as
to--
(1) triple the minimum term of imprisonment under that
section for offenses involving the smuggling, transporting,
harboring, or inducing of--
(A) 1 to 5 aliens from 10 months to 30 months;
(B) 6 to 24 aliens from 18 months to 54 months;
(C) 25 to 100 aliens from 27 months to 81 months;
and
(D) 101 aliens or more from 37 months to 111
months;
(2) increase the minimum level of fines for each of the
offenses described in subparagraphs (A) through (D) of
paragraph (1) to the greater of $25,000 per alien or 3 times
the amount the defendant received or expected to receive as
compensation for the illegal activity;
(3) increase by at least 2 offense levels above the
applicable enhancement in effect on the date of the enactment
of this Act the sentencing enhancements for intentionally or
recklessly creating a substantial risk of serious bodily injury
or causing bodily injury, serious injury, or permanent or life
threatening injury;
(4) for actions causing death, increase the offense level
to be equivalent to that for involuntary manslaughter under
section 1112 of title 18, United States Code; and
(5) for corporations or other business entities that
knowingly benefit from such offenses, increase the minimum
level of fines for each of the offenses described in
subparagraphs (A) through (D) of paragraph (1) to $50,000 per
alien employed directly, or indirectly through contract, by the
corporation or entity.
(b) Exception.--Subsection (a) shall not apply to an offense that
involved the smuggling, transporting, or harboring only of the
defendant's spouse or child (or both the defendant's spouse and child).
(c) Deadline.--The United States Sentencing Commission shall carry
out subsection (a) not later than the date that is 6 months after the
date of the enactment of this Act.
SEC. 103. CHANGE TO SENTENCING GUIDELINES.
In the exercise of its authority under section 994 of title 28,
United States Code, the United States Sentencing Commission shall amend
the Federal sentencing guidelines to provide that plea bargaining and
other prosecutorial policies, and differences in those policies among
different districts, are not a ground for imposing a sentence outside
the applicable guidelines range for a violation of immigration law.
SEC. 104. ENHANCED PENALTIES FOR PERSONS COMMITTING OFFENSES WHILE
ARMED.
(a) In General.--Section 924(c)(1) of title 18, United States Code,
is amended--
(1) in subparagraph (A)--
(A) by inserting after ``device)'' the following:
``or any violation of section 274(a)(1)(A) of the
Immigration and Nationality Act''; and
(B) by striking ``or drug trafficking crime--'' and
inserting ``, drug trafficking crime, or violation of
section 274(a)(1)(A) of the Immigration and Nationality
Act--''; and
(2) in subparagraph (D)(ii), by striking ``or drug
trafficking crime'' and inserting ``, drug trafficking crime,
or violation of section 274(a)(1)(A) of the Immigration and
Nationality Act''.
(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 offenses committed after such date.
SEC. 105. DISCONTINUING GRANT OF VISAS TO NATIONALS OF COUNTRIES NOT
COOPERATING IN COMBATTING ALIEN SMUGGLING.
If the Secretary of Homeland Security determines that the
government of a foreign country has not cooperated fully with the
United States, or has not taken adequate steps on its own, to combat
the smuggling of aliens into the United States from territory
controlled by the state, the Secretary shall order consular officers in
the country to discontinue granting immigrant or nonimmigrant visas, or
both, to citizens, subjects, nationals, and residents of the country
until the Secretary determines that the country has begun to cooperate
fully, or has taken adequate steps, to combat such smuggling.
Subtitle B--Border Personnel and Strategy
SEC. 111. INCREASE IN FULL-TIME BORDER PATROL AGENTS.
The Secretary of Homeland Security, in each of fiscal years 2004
through 2011, shall increase by not less than 1,000 the number of
positions for full-time active-duty border patrol agents within the
Department of Homeland Security above the number of positions for which
funds were allotted for the preceding fiscal year.
SEC. 112. REPORT ON NUMBER OF BORDER PATROL AGENTS NEEDED TO SECURE
NORTHERN BORDER.
(a) Report.--Not later than 1 year after the date of the enactment
of this Act, the Comptroller General of the United States shall submit
a report to the Committees on the Judiciary of the House of
Representatives and the Senate on the number of border patrol agents
needed to secure the northern border of the United States.
(b) Cooperation.--The Attorney General, the Secretary of State, the
Secretary of Defense, and the Secretary of Homeland Security shall
cooperate with the Comptroller General of the United States in carrying
out this section.
SEC. 113. USE OF ARMY AND AIR FORCE TO SECURE THE BORDER.
Section 1385 of title 18, United States Code, is amended by
inserting after ``execute the laws'' the following: ``other than at or
near a border of the United States in order to prevent aliens,
terrorists, and drug smugglers from entering the United States''.
SEC. 114. USE OF BORDER PROPERTY TO SECURE THE BORDER.
Section 102(c) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended by striking
``this section.'' and inserting ``this section and to secure the
borders of the United States against aliens, terrorists, and drug
smugglers.''.
SEC. 115. REPORT ON BORDER STRATEGY.
(a) Evaluation of Strategy.--The Comptroller General of the United
States shall track, monitor, and evaluate the Secretary of Homeland
Security's strategy to deter illegal entry in the United States to
determine the efficacy of such strategy.
(b) Cooperation.--The Attorney General, the Secretary of State, the
Secretary of Defense, and the Secretary of Homeland Security shall
cooperate with the Comptroller General of the United States in carrying
out subsection (a).
(c) Report.--Not later than one year after the date of the
enactment of this Act, and every year thereafter for the succeeding 5
years, the Comptroller General of the United States shall submit a
report to the Committees on the Judiciary of the House of
Representatives and of the Senate on the results of the activities
undertaken under subsection (a) during the previous year. Each such
report shall include an analysis of the degree to which the Secretary
of Homeland Security's strategy has been effective in reducing illegal
entry. Each such report shall include a collection and systematic
analysis of data, including workload indicators, related to activities
to deter illegal entry and recommendations to improve and increase
border security at the border and ports of entry.
TITLE II--SCREENING ALIENS SEEKING ADMISSION
SEC. 201. INCREASE IN FULL-TIME INSPECTORS.
(a) In General.--The Secretary of Homeland Security, in each of
fiscal years 2004 through 2011, shall increase by not less than 250 the
number of positions for full-time inspectors within the Department of
Homeland Security above the number of positions for which funds were
allotted for the preceding fiscal year.
(b) Repeal.--Section 101(a)(1) of the Enhanced Border Security and
Visa Entry Reform Act of 2002 (Public Law 107-173) is repealed.
SEC. 202. VISA WAIVER PROGRAM.
(a) Passport Requirements.--Section 217(a)(3) (8 U.S.C. 1187(a)(3))
is amended to read as follows:
``(3) Machine-readable, tamper-resistant passport with
biometric identifiers.--On and after October 1, 2005, the alien
at the time of application for admission is in possession of a
valid unexpired machine-readable passport that--
``(A) satisfies the internationally accepted
standard for machine readability;
``(B) is tamper-resistant; and
``(C) incorporates biometric and document
authentification identifiers that comply with
applicable biometric and document identifying standards
established by the International Civil Aviation
Organization.''.
(b) Repeal.--Section 303(c) of the Enhanced Border Security and
Visa Entry Reform Act of 2002 (Public Law 107-173) is repealed.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2005.
SEC. 203. CONSULAR OFFICER INTERVIEWS OF ALL VISA APPLICANTS.
(a) In General.--Section 221 (8 U.S.C. 1201) is amended by adding
at the end the following:
``(j) Prior to the issuance of an immigrant or nonimmigrant visa to
any alien, the consular officer shall require such alien to submit to
an in-person interview in accordance with such regulations as may be
prescribed.''.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out the amendment made by subsection (a) such
sums as may be necessary for fiscal years 2004 through 2011.
(c) Effective Date.--The amendment made by subsection (a) shall
apply to visas issued after October 1, 2003.
SEC. 204. RECODIFICATION AND REFORM OF GROUNDS OF INADMISSIBILITY.
(a) Transfer and Redesignation.--Section 212 (8 U.S.C. 1182) is
amended--
(1) by transferring subsection (e) to the end of section
222 (8 U.S.C. 1202) and redesignating it as subsection (h);
(2) by transferring subsections (j), (m), (n), and (q) to
the end of section 214 (8 U.S.C. 1202) and redesignating them
as subsections (s), (t), (u), and (v), respectively; and
(3) by amending the remainder of such section to read as
follows:
``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) Health-related grounds.--
``(A) In general.--Any alien--
``(i) who is determined (in accordance with
regulations prescribed by the Secretary of
Health and Human Services) to have a
communicable disease of public health
significance, which shall include infection
with the etiologic agent for acquired immune
deficiency syndrome;
``(ii) except as provided in subparagraph
(C), who seeks admission as an immigrant, or
who seeks adjustment of status to the status of
an alien lawfully admitted for permanent
residence, and who has failed to present
documentation of having received vaccination
against vaccine-preventable diseases, which
shall include at least the following diseases:
mumps, measles, rubella, polio, tetanus and
diphtheria toxoids, pertussis, influenza type B
and hepatitis B, and any other vaccinations
against vaccine-preventable diseases
recommended by the Advisory Committee for
Immunization Practices;
``(iii) who is determined (in accordance
with regulations prescribed by the Secretary of
Health and Human Services in consultation with
the Secretary of Homeland Security)--
``(I) to have a physical or mental
disorder and behavior associated with
the disorder that may pose, or has
posed, a threat to the property,
safety, or welfare of the alien or
others; or
``(II) to have had a physical or
mental disorder and a history of
behavior associated with the disorder,
which behavior has posed a threat to
the property, safety, or welfare of the
alien or others and which behavior is
likely to recur or to lead to other
harmful behavior; or
``(iv) who is determined (in accordance
with regulations prescribed by the Secretary of
Health and Human Services) to be a drug abuser
or addict,
is inadmissible.
``(B) Waiver authorized.--For provision authorizing
waiver of certain clauses of subparagraph (A), see
subsection (e).
``(C) Exception from immunization requirement for
adopted children 10 years of age or younger.--Clause
(ii) of subparagraph (A) shall not apply to a child
who--
``(i) is 10 years of age or younger;
``(ii) is described in section
101(b)(1)(F); and
``(iii) is seeking an immigrant visa as an
immediate relative under section 201(b),
if, prior to the admission of the child, an adoptive
parent or prospective adoptive parent of the child, who
has sponsored the child for admission as an immediate
relative, has executed an affidavit stating that the
parent is aware of the provisions of subparagraph
(A)(ii) and will ensure that, within 30 days of the
child's admission, or at the earliest time that is
medically appropriate, the child will receive the
vaccinations identified in such subparagraph.
``(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)),
is inadmissible.
``(ii) Exception.--Clause (i)(I) shall not
apply to an alien who committed only one crime
if--
``(I) the crime was committed when
the alien was under 18 years of age,
and the crime was committed (and the
alien released from any confinement to
a prison or correctional institution
imposed for the crime) more than 5
years before the date of application
for a visa or other documentation and
the date of application for admission
to the United States; or
``(II) the maximum penalty possible
for the crime of which the alien was
convicted (or which the alien admits
having committed or of which the acts
that the alien admits having committed
constituted the essential elements) did
not exceed imprisonment for one year
and, if the alien was convicted of such
crime, the alien was not sentenced to a
term of imprisonment in excess of 6
months (regardless of the extent to
which the sentence was ultimately executed).
``(B) Multiple criminal convictions.--Any alien
convicted of 2 or more offenses (other than purely
political offenses), regardless of whether the
conviction was in a single trial or whether the
offenses arose from a single scheme of misconduct and
regardless of whether the offenses involved moral
turpitude, for which the aggregate sentences to
confinement were 5 years or more is inadmissible.
``(C) Controlled substance traffickers.--Any alien
who the consular officer or the Secretary of Homeland
Security knows or has reason to believe--
``(i) is or has been an illicit trafficker
in any controlled substance or in any listed
chemical (as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802)), or
is or has been a knowing aider, abettor,
assistant, conspirator, or colluder with others
in the illicit trafficking in any such
controlled or listed substance or chemical, or
endeavored to do so; or
``(ii) is the spouse, son, or daughter of
an alien inadmissible under clause (i), has,
within the previous 5 years, obtained any
financial or other benefit from the illicit
activity of that alien, and knew or reasonably
should have known that the financial or other
benefit was the product of such illicit
activity,
is inadmissible.
``(D) Prostitution and commercialized vice.--Any
alien who--
``(i) is coming to the United States
solely, principally, or incidentally to engage
in prostitution, or has engaged in prostitution
within 10 years of the date of application for
a visa, admission, or adjustment of status;
``(ii) directly or indirectly procures or
attempts to procure, or (within 10 years of the
date of application for a visa, entry, or
adjustment of status) procured or attempted to
procure or to import, prostitutes or persons
for the purpose of prostitution, or receives or
(within such 10-year period) received, in whole
or in part, the proceeds of prostitution; or
``(iii) is coming to the United States to
engage in any other unlawful commercialized
vice, whether or not related to prostitution,
is inadmissible.
``(E) Certain aliens involved in serious criminal
activity who have asserted immunity from prosecution.--
Any alien--
``(i) who has committed in the United
States at any time a serious criminal offense
(as defined in section 101(h));
``(ii) for whom immunity from criminal
jurisdiction was exercised with respect to that
offense;
``(iii) who as a consequence of the offense
and exercise of immunity has departed from the
United States; and
``(iv) who has not subsequently submitted
fully to the jurisdiction of the court in the
United States having jurisdiction with respect
to that offense,
is inadmissible.
``(F) Waiver authorized.--For provision authorizing
waiver of certain subparagraphs of this paragraph, see
subsection (f).
``(G) Serious human rights abusers.--Any serious
human rights violator is inadmissible as defined in
section 101(a) (8 U.S.C. 1101(a)) as amended.
``(H) Significant traffickers in persons.--
``(i) In general.--Any alien who is listed
in a report submitted pursuant to section
111(b) of the Trafficking Victims Protection
Act of 2000, or who the consular officer or the
Secretary of Homeland Security knows or has
reason to believe is or has been a knowing
aider, abettor, assistant, conspirator, or
colluder with such a trafficker in severe forms
of trafficking in persons, as defined in
section 103 of such Act, is inadmissible.
``(ii) Beneficiaries of trafficking.--
Except as provided in clause (iii), any alien
who the consular officer or the Secretary of
Homeland Security knows or has reason to
believe is the spouse, son, or daughter of an
alien inadmissible under clause (i), has,
within the previous 5 years, obtained any
financial or other benefit from the illicit
activity of that alien, and knew or reasonably
should have known that the financial or other
benefit was the product of such illicit
activity, is inadmissible.
``(iii) Exception for certain sons and
daughters.--Clause (ii) shall not apply to a
son or daughter who was a child at the time he
or she received the benefit described in such
clause.
``(I) Money laundering.--Any alien--
``(i) who a consular officer, the Attorney
General, or the Secretary of Homeland Security
knows, or has reason to believe, has engaged,
is engaging, or seeks to enter the United
States to engage, in an offense which is
described in section 1956 or 1957 of title 18,
United States Code (relating to laundering of
monetary instruments); or
``(ii) who a consular officer, the Attorney
General, or the Secretary of Homeland Security
knows is, or has been, a knowing aider,
abettor, assistant, conspirator, or colluder
with others in an offense which is described in
such section,
is inadmissible.
``(J) Aggravated felony.--
``(i) In general.--Any alien convicted of
an aggravated felony is inadmissible.
``(ii) Waiver authorized.--Clause (i) 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 State.
``(K) Certain firearm offenses.--Any alien who is
convicted under any law 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.
``(3) Security and related grounds.--
``(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--
``(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,
including participation in a criminal
enterprise, conspiracy, or scheme; 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.
``(B) Terrorist activities.--
``(i) In general.--Any alien who--
``(I) has engaged in a terrorist
activity;
``(II) a consular officer, the
Attorney General, or the Secretary of
Homeland Security knows, or has
reasonable ground to believe, is
engaged in or is likely to engage after
entry in any terrorist activity (as
defined in clause (iv));
``(III) has, under circumstances
indicating an intention to cause death
or serious bodily harm, incited
terrorist activity;
``(IV) is a representative (as
defined in clause (v)) of--
``(aa) a terrorist
organization; or
``(bb) a political, social,
or other group that endorses or
espouses terrorist activity;
``(V) is a member of a terrorist
organization;
``(VI) endorses or espouses
terrorist activity or persuades others
to endorse or espouse terrorist
activity or support a terrorist
organization;
``(VII) had information about an
activity that the alien knew, or should
have known, was a terrorist activity
(before or after such activity occurred
or while it was ongoing), knew, or
should have known, that such
information was not public information,
and failed to report such information
to a governmental authority; or
``(VIII) is the spouse or child of
an alien who is inadmissible under this
subparagraph, if the activity causing
the alien to be found inadmissible
occurred within the last 5 years,
is inadmissible. An alien who is an officer,
official, representative, or spokesman of the
Palestine Liberation Organization is
considered, for purposes of this Act, to be
engaged in a terrorist activity.
``(ii) Exception.--Subclause (VII) of
clause (i) does not apply to a spouse or
child--
``(I) who did not know or should
not reasonably have known of the
activity causing the alien to be found
inadmissible under this subparagraph;
or
``(II) whom the consular officer,
the Attorney General, or the Secretary
of Homeland Security has reasonable
grounds to believe has renounced the
activity causing the alien to be found
inadmissible under this subparagraph.
``(iii) Terrorist activity defined.--As
used in this subparagraph, the term `terrorist
activity' means any activity which is unlawful
under the laws of the place where it is
committed (or which, if it had been or were to
be committed in the United States, would be
unlawful under the laws of the United States or
any State) and which involves any of the
following:
``(I) The hijacking or sabotage of
any conveyance (including an aircraft,
vessel, or vehicle).
``(II) The seizing or detaining,
and threatening to kill, injure, or
continue to detain, another individual
in order to compel a third person
(including a governmental organization)
to do or abstain from doing any act as
an explicit or implicit condition for
the release of the individual seized or
detained.
``(III) A violent attack upon an
internationally protected person (as
defined in section 1116(b)(4) of title
18, United States Code) or upon the
liberty of such a person.
``(IV) An assassination.
``(V) The use of any--
``(aa) biological agent,
chemical agent, or nuclear
weapon or device; or
``(bb) explosive, firearm,
or other weapon or dangerous
device (other than for mere
personal monetary gain),
with intent to endanger, directly or
indirectly, the safety of one or more
individuals or to cause substantial
damage to property.
``(VI) A threat, attempt, or
conspiracy to do any of the foregoing.
``(iv) Engage in terrorist activity
defined.--As used in this subparagraph, the
term `engage in terrorist activity' means, in
an individual capacity or as a member of an
organization--
``(I) to commit or to incite to
commit, under circumstances indicating
an intention to cause death or serious
bodily injury, a terrorist activity;
``(II) to prepare or plan a
terrorist activity;
``(III) to gather information on
potential targets for terrorist
activity;
``(IV) to solicit funds or other
things of value for--
``(aa) a terrorist
activity;
``(bb) a terrorist
organization described in
clause (vi)(I) or (vi)(II); or
``(cc) a terrorist
organization described in
clause (vi)(III), unless the
solicitor can demonstrate by
clear and convincing evidence that he did not know, and should not
reasonably have known, that the organization was a terrorist
organization;
``(V) to solicit any individual--
``(aa) to engage in conduct
otherwise described in this
clause;
``(bb) for membership in a
terrorist organization
described in clause (vi)(I) or
(vi)(II); or
``(cc) for membership in a
terrorist organization
described in clause (vi)(III),
unless the solicitor can
demonstrate by clear and
convincing evidence that he did
not know, and should not
reasonably have known, that the
organization was a terrorist
organization; or
``(VI) to commit an act that the
actor knows, or reasonably should know,
affords material support, including a
safe house, transportation,
communications, funds, transfer of
funds or other material financial
benefit, false documentation or
identification, weapons (including
chemical, biological, or radiological
weapons), explosives, or training--
``(aa) for the commission
of a terrorist activity;
``(bb) to any individual
who the actor knows, or
reasonably should know, has
committed or plans to commit a
terrorist activity; or
``(cc) to a terrorist
organization described in
subclauses (I) through (III) of
clause (vi).
``(v) Representative defined.--As used in
this subparagraph, the term `representative'
includes an officer, official, or spokesman of
an organization, and any person who directs,
counsels, commands, or induces an organization
or its members to engage in terrorist activity.
``(vi) Terrorist organization defined.--As
used in this section, the term `terrorist
organization' means an organization--
``(I) designated under section 219;
``(II) otherwise designated, upon
publication in the Federal Register, by
the Secretary of State in consultation
with or upon the request of the
Attorney General or the Secretary of
Homeland Security, as a terrorist
organization, after finding that the
organization engages in the activities
described in subclauses (I) through
(VI) of clause (iv), or that the
organization provides material support
to further terrorist activity; or
``(III) that is a group of two or
more individuals, whether organized or
not, which engages in, or has a
subgroup which engages in, the
activities described in subclauses (I)
through (VI) of clause (iv).
``(C) Foreign policy.--An alien whose entry or
proposed activities in the United States the Secretary
of State has reasonable ground to believe would have
potentially serious adverse foreign policy consequences
for the United States is inadmissible.
``(D) Immigrant membership in totalitarian party.--
``(i) In general.--Any immigrant who is or
has been a member of or affiliated with the
Communist or any other totalitarian party (or
subdivision or affiliate thereof), domestic or
foreign, is inadmissible.
``(ii) Exception for involuntary
membership.--Clause (i) shall not apply to an
alien because of membership or affiliation if
the alien establishes to the satisfaction of
the consular officer when applying for a visa
(or to the satisfaction of the Secretary of
Homeland Security when applying for admission)
that the membership or affiliation is or was
involuntary, or is or was solely when under 16
years of age, by operation of law, or for
purposes of obtaining employment, food rations,
or other essentials of living and necessary for
such purposes.
``(iii) Exception for past membership.--
Clause (i) shall not apply to an alien because
of membership or affiliation if the alien
establishes to the satisfaction of the consular
officer when applying for a visa (or to the
satisfaction of the Secretary of Homeland
Security when applying for admission) that--
``(I) the membership or affiliation
terminated at least--
``(aa) 2 years before the
date of such application; or
``(bb) 5 years before the
date of such application, in
the case of an alien whose
membership or affiliation was
with the party controlling the
government of a foreign state
that is a totalitarian
dictatorship as of such date;
and
``(II) the alien is not a threat to
the security of the United States.
``(E) Participants in nazi persecutions.--Any alien
who, during the period beginning on March 23, 1933, and
ending on May 8, 1945, under the direction of, or in
association with--
``(i) the Nazi government of Germany;
``(ii) any government in any area occupied
by the military forces of the Nazi government
of Germany;
``(iii) any government established with the
assistance or cooperation of the Nazi
government of Germany; or
``(iv) any government which was an ally of
the Nazi government of Germany,
ordered, incited, assisted, or otherwise participated
in the persecution of any person because of race,
religion, national origin, or political opinion, is
inadmissible.
``(F) Association with terrorist organizations.--
Any alien who the Secretary of Homeland Security or the
Attorney General determines has been associated with a
terrorist organization and intends while in the United
States to engage solely, principally, or incidentally
in activities that could endanger the welfare, safety,
or security of the United States is inadmissible.
``(G) National security consequences.--An alien
whose entry or proposed activities in the United States
the Attorney General or the Secretary of Homeland
Security has reasonable grounds to believe would have
potentially serious adverse consequences for the
national security of the United States is inadmissible.
``(H) Serious foreign crimes.--An alien whom the
Secretary of Homeland Security or the Attorney General
has reason to believe is charged with or has committed
a serious criminal offense (other than a purely
political offense) in a country other than the United
States is inadmissible.
``(4) Public charge.--
``(A) In general.--Any alien who, in the opinion of
the consular officer or the Secretary of Homeland
Security at the time of application for a visa, or in
the opinion of the Secretary of Homeland Security at
the time of application for admission or adjustment of
status, is likely at any time to become a public charge
is inadmissible.
``(B) Factors to be taken into account.--
``(i) In general.--In determining whether
an alien is inadmissible under this paragraph,
the consular officer or the Secretary of
Homeland Security shall at a minimum consider
the alien's--
``(I) age;
``(II) health;
``(III) family status;
``(IV) assets, resources, and
financial status; and
``(V) education and skills.
``(ii) Affidavit of support.--In addition
to the factors under clause (i), the consular
officer or the Secretary of Homeland Security
may also consider any affidavit of support
under section 213A for purposes of exclusion
under this paragraph.
``(C) Family-sponsored immigrants.--Any alien who
seeks admission or adjustment of status under a visa
number issued under section 201(b)(2) or 203(a) is
inadmissible under this paragraph unless--
``(i) the alien has obtained--
``(I) status as a spouse or a child
of a United States citizen pursuant to
clause (ii), (iii), or (iv) of section
204(a)(1)(A); or
``(II) classification pursuant to
clause (ii) or (iii) of section
204(a)(1)(B); or
``(ii) the person petitioning for the
alien's admission (including any additional
sponsor required under section 213A(f)) has
executed an affidavit of support described in
section 213A with respect to such alien.
``(D) Certain employment-based immigrants.--Any
alien who seeks admission or adjustment of status under
a visa number issued under section 203(b) by virtue of
a classification petition filed by a relative of the
alien (or by an entity in which such relative has a
significant ownership interest) is inadmissible under
this paragraph unless such relative has executed an
affidavit of support described in section 213A with
respect to such alien.
``(5) Labor certification and qualifications for certain
immigrants.--
``(A) Labor certification.--
``(i) In general.--Any alien who seeks to
enter the United States for the purpose of
performing skilled or unskilled labor is
inadmissible, unless the Secretary of Labor has
determined and certified to the Secretary of
State and the Secretary of Homeland Security
that--
``(I) there are not sufficient
workers who are able, willing,
qualified (or equally qualified in the
case of an alien described in clause
(ii)) and available at the time of
application for a visa and admission to
the United States and at the place
where the alien is to perform such
skilled or unskilled labor; and
``(II) the employment of such alien
will not adversely affect the wages and
working conditions of workers in the
United States similarly employed, nor
displace a United States citizen
currently employed by the entity
requesting labor certification.
``(ii) Certain aliens subject to special
rule.--For purposes of clause (i)(I), an alien
described in this clause is an alien who--
``(I) is a member of the teaching
profession; or
``(II) has exceptional ability in
the sciences or the arts.
``(iii) Professional athletes.--
``(I) In general.--A certification
made under clause (i) with respect to a
professional athlete shall remain valid
with respect to the athlete after the
athlete changes employer, if the new
employer is a team in the same sport as
the team which employed the athlete
when the athlete first applied for the
certification.
``(II) Definition.--For purposes of
subclause (I), the term `professional
athlete' means an individual who is
employed as an athlete by--
``(aa) a team that is a
member of an association of 6
or more professional sports
teams whose total combined
revenues exceed $10,000,000 per
year, if the association
governs the conduct of its
members and regulates the
contests and exhibitions in
which its member teams
regularly engage; or
``(bb) any minor league
team that is affiliated with
such an association.
``(B) Unqualified physicians.--An alien who is a
graduate of a medical school not accredited by a body
or bodies approved for the purpose by the Secretary of
Education (regardless of whether such school of
medicine is in the United States) and who is coming to
the United States principally to perform services as a
member of the medical profession is inadmissible,
unless the alien (i) has passed parts I and II of the
National Board of Medical Examiners Examination (or an
equivalent examination as determined by the Secretary
of Health and Human Services) and (ii) is competent in
oral and written English. For purposes of the previous sentence, an
alien who is a graduate of a medical school shall be considered to have
passed parts I and II of the National Board of Medical Examiners if the
alien was fully and permanently licensed to practice medicine in a
State on January 9, 1978, and was practicing medicine in a State on
that date.
``(C) Uncertified foreign health-care workers.--
Subject to subsection (j), any alien who seeks to enter
the United States for the purpose of performing labor
as a health-care worker, other than a physician, is
inadmissible unless the alien presents to the consular
officer, or, in the case of an adjustment of status,
the Secretary of Homeland Security, a certificate from
the Commission on Graduates of Foreign Nursing Schools,
or a certificate from an equivalent independent
credentialing organization approved by the Secretary of
Homeland Security in consultation with the Secretary of
Health and Human Services, verifying that--
``(i) the alien's education, training,
license, and experience--
``(I) meet all applicable statutory
and regulatory requirements for entry
into the United States under the
classification specified in the
application;
``(II) are comparable with that
required for an American health-care
worker of the same type; and
``(III) are authentic and, in the
case of a license, unencumbered;
``(ii) the alien has the level of
competence in oral and written English
considered by the Secretary of Health and Human
Services, in consultation with the Secretary of
Education, to be appropriate for health care
work of the kind in which the alien will be
engaged, as shown by an appropriate score on
one or more nationally recognized, commercially
available, standardized assessments of the
applicant's ability to speak and write; and
``(iii) if a majority of States licensing
the profession in which the alien intends to
work recognize a test predicting the success on
the profession's licensing or certification
examination, the alien has passed such a test
or has passed such an examination.
For purposes of clause (ii), determination of the
standardized tests required and of the minimum scores
that are appropriate are within the sole discretion of
the Secretary of Health and Human Services and are not
subject to further administrative or judicial review.
``(D) Application of grounds.--The grounds for
inadmissibility of aliens under subparagraphs (A) and
(B) shall apply to immigrants seeking admission or
adjustment of status under paragraph (2) or (3) of
section 203(b).
``(6) Illegal entrants and immigration violators.--
``(A) Aliens present without admission or parole.--
``(i) In general.--An alien present in the
United States without being admitted or
paroled, or who arrives in the United States at
any time or place other than as designated by
the Secretary of Homeland Security is
inadmissible.
``(ii) Exception for certain battered women
and children.--Clause (i) shall not apply to an
alien who demonstrates that--
``(I) the alien qualifies for
immigrant status under subparagraph
(A)(iii), (A)(iv), (B)(ii), or (B)(iii)
of section 204(a)(1);
``(II)(aa) the alien has been
battered or subjected to extreme
cruelty by a spouse or parent, or by a
member of the spouse's or parent's
family residing in the same household
as the alien and the spouse or parent
consented or acquiesced in such battery
or cruelty, or
``(bb) the alien's child has been
battered or subjected to extreme
cruelty by a spouse or parent of the
alien (without the active participation
of the alien in the battery or cruelty)
or by a member of the spouse's or
parent's family residing in the same
household as the alien when the spouse
or parent consented to or acquiesced in
such battery or cruelty and the alien
did not actively participate in such
battery or cruelty; and
``(III) there was a substantial
connection between the battery or
cruelty described in subclause (I) or
(II) and the alien's unlawful entry
into the United States.
``(B) Failure to attend removal proceeding.--Any
alien who without reasonable cause fails or refuses to
attend or remain in attendance at a proceeding to
determine the alien's inadmissibility or deportability
and who seeks admission to the United States within 5
years of such alien's subsequent departure or removal
is inadmissible.
``(C) Misrepresentation.--
``(i) In general.--Any alien who, by fraud
or willfully misrepresenting a material fact,
seeks to procure (or has sought to procure or
has procured) a visa, other documentation, or
admission into the United States or other
benefit provided under this Act for himself,
herself, or any other alien, is inadmissible.
``(ii) Falsely claiming citizenship.--
``(I) In general.--Any alien who
falsely represents, or has falsely
represented, himself or herself to be a
citizen of the United States for any
purpose or benefit under this Act
(including section 274A) or any other
Federal or State law is inadmissible.
``(II) Exception.--In the case of
an alien making a representation
described in subclause (I), 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
making such representation that he or
she was a citizen, the alien shall not
be considered to be inadmissible under
any provision of this subsection based
on such representation.
``(D) Stowaways.--Any alien who is a stowaway is
inadmissible.
``(E) Smugglers.--
``(i) In general.--Any alien who at any
time knowingly has encouraged, induced,
assisted, abetted, or aided any other alien to
enter or to try to enter the United States in
violation of law is inadmissible.
``(ii) Special rule in the case of family
reunification.--Clause (i) shall not apply in
the case of an alien who is an eligible
immigrant (as defined in section 301(b)(1) of
the Immigration Act of 1990), was physically
present in the United States on May 5, 1988,
and is seeking admission as an immediate
relative or under section 203(a)(2) (including
under section 112 of the Immigration Act of
1990) or benefits under section 301(a) of the
Immigration Act of 1990 if the alien, before
May 5, 1988, has encouraged, induced, assisted,
abetted, or aided only the alien's spouse,
parent, son, or daughter (and no other
individual) to enter the United States in
violation of law.
``(iii) Waiver authorized.--For provision
authorizing waiver of clause (i), see
subsection (c)(6).
``(F) Subject of civil penalty.--An alien who is
the subject of a final order for violation of section
274C is inadmissible.
``(G) Student visa abusers.--An alien who obtains
the status of a nonimmigrant under section
101(a)(15)(F)(i) and who violates a term or condition
of such status under section 214(l) is inadmissible
until the alien has been outside the United States for
a continuous period of 5 years after the date of the
violation.
``(H) Change of address.--An alien who has failed
to comply with section 262 is inadmissible, unless the
alien establishes to the satisfaction of the Secretary
of Homeland Security that such failure was reasonably
excusable or was not willful.
``(7) Documentation requirements.--
``(A) Immigrants.--
``(i) In general.--Except as otherwise
specifically provided in this Act, any
immigrant at the time of application for
admission--
``(I) who is not in possession of a
valid unexpired immigrant visa, reentry
permit, border crossing identification
card, or other valid entry document
required by this Act, and a valid
unexpired passport, or other suitable
travel document, or document of
identity and nationality if such
document is required under the
regulations issued by the Secretary of
Homeland Security under section 211(a);
or
``(II) whose visa has been issued
without compliance with the provisions
of section 203,
is inadmissible.
``(ii) Waiver authorized.--For provision
authorizing waiver of clause (i), see
subsection (g).
``(B) Nonimmigrants.--
``(i) In general.--Any nonimmigrant who--
``(I) is not in possession of a
passport valid for a minimum of six
months from the date of the expiration
of the initial period of the alien's
admission or contemplated initial
period of stay authorizing the alien to
return to the country from which the
alien came or to proceed to and enter
some other country during such period;
or
``(II) is not in possession of a
valid nonimmigrant visa or border
crossing identification card at the
time of application for admission,
is inadmissible.
``(ii) General waiver authorized.--For
provision authorizing waiver of clause (i), see
subsection (c)(2).
``(8) Ineligible for citizenship.--
``(A) In general.--Any immigrant who is permanently
ineligible to citizenship is inadmissible.
``(B) Draft evaders.--Any person who has departed
from or who has remained outside the United States to
avoid or evade training or service in the armed forces
in time of war or a period declared by the President to
be a national emergency is inadmissible, except that
this subparagraph shall not apply to an alien who at
the time of such departure was a nonimmigrant and who
is seeking to reenter the United States as a
nonimmigrant.
``(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 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) has been ordered removed
under section 240 or any other
provision of law; or
``(II) departed the United States
while an order of removal was
outstanding,
and who seeks admission within 10 years of the
date of such alien's departure or removal (or
within 20 years of 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.
``(B) Aliens unlawfully present.--
``(i) In general.--Any alien (other than an
alien lawfully admitted for permanent
residence) who--
``(I) was unlawfully present in the
United States for a period of more than
180 days but less than 1 year,
voluntarily departed the United States
(whether or not pursuant to section
244(e)) prior to the commencement of
proceedings under section 235(b)(1) or
section 240, and again seeks admission
within 3 years of the date of such
alien's departure or removal; or
``(II) has been unlawfully present
in the United States for one year or
more, and who again seeks admission
within 10 years of the date of such
alien's departure or removal from the
United States,
is inadmissible.
``(ii) Construction of unlawful presence.--
For purposes of this paragraph, an alien is
deemed to be unlawfully present in the United
States if the alien is present in the United
States after the expiration of the period of
stay authorized by the Secretary of Homeland
Security or is present in the United States
without being admitted or paroled.
``(iii) Exceptions.--
``(I) Minors.--No period of time in
which an alien is under 18 years of age
shall be taken into account in
determining the period of unlawful
presence in the United States under
clause (i).
``(II) Asylees.--No period of time
in which an alien has a bona fide
application for asylum pending under
section 208 shall be taken into account
in determining the period of unlawful
presence in the United States under
clause (i) unless the alien during such
period was employed without
authorization in the United States.
``(III) Family unity.--No period of
time in which the alien is a
beneficiary of family unity protection
pursuant to section 301 of the
Immigration Act of 1990 shall be taken
into account in determining the period
of unlawful presence in the United
States under clause (i).
``(IV) Battered women and
children.--Clause (i) shall not apply
to an alien who would be described in
paragraph (6)(A)(ii) if `violation of
the terms of the alien's nonimmigrant
visa' were substituted for `unlawful
entry into the United States' in
subclause (III) of that paragraph.
``(iv) Tolling for good cause.--In the case
of an alien who--
``(I) has been lawfully admitted or
paroled into the United States;
``(II) has filed a nonfrivolous
application for a change or extension
of status before the date of expiration
of the period of stay authorized by the
Secretary of Homeland Security; and
``(III) has not been employed
without authorization in the United
States before or during the pendency of
such application,
the calculation of the period of time specified
in clause (i)(I) shall be tolled during the
pendency of such application, but not to exceed
120 days.
``(C) Aliens unlawfully present after previous
immigration violations.--
``(i) In general.--Any alien who--
``(I) has been unlawfully present
in the United States for an aggregate
period of more than 1 year; or
``(II) has been ordered removed
under section 235(b)(1), section 240,
or any other provision of law,
and who enters or attempts to reenter the
United States without being admitted is
inadmissible.
``(ii) Exception.--Clause (i) shall not
apply to an alien seeking admission more than
10 years after the date of the alien's last
departure from the United States if, prior to
the alien's reembarkation at a place outside
the United States or attempt to be readmitted
from a foreign contiguous territory, the
Secretary of Homeland Security has consented to
the alien's reapplying for admission. The
Secretary of Homeland Security in the
Secretary's discretion may waive the provisions
of section 212(a)(9)(C)(i) in the case of an
alien to whom the Secretary has granted
classification under clause (iii), (iv), or (v)
of section 204(a)(1)(A), or classification
under clause (ii), (iii), or (iv) of section
204(a)(1)(B), in any case in which there is a
direct connection between--
``(I) the alien's having been
battered or subjected to extreme
cruelty; and
``(II) the alien's--
``(aa) removal;
``(bb) departure from the
United States;
``(cc) reentry or reentries
into the United States; or
``(dd) attempted reentry
into the United States.
``(10) Miscellaneous.--
``(A) Practicing polygamists.--Any immigrant who is
coming to the United States to practice polygamy is
inadmissible.
``(B) Guardian required to accompany helpless
alien.--Any alien--
``(i) who is accompanying another alien who
is inadmissible and who is certified to be
helpless from sickness, mental or physical
disability, or infancy pursuant to section
232(c); and
``(ii) whose protection or guardianship is
determined to be required by the alien
described in clause (i),
is inadmissible.
``(C) International child abduction.--
``(i) In general.--Except as provided in
clause (ii), any alien who, after entry of an
order by a court in the United States granting
custody to a person of a United States citizen
child who detains or retains the child, or
withholds custody of the child, outside the
United States from the person granted custody
by that order, is inadmissible until the child
is surrendered to the person granted custody by
that order.
``(ii) Aliens supporting abductors and
relatives of abductors.--Any alien who--
``(I) is known by the Secretary of
State to have intentionally assisted an
alien in the conduct described in
clause (i);
``(II) is known by the Secretary of
State to be intentionally providing
material support or safe haven to an
alien described in clause (i); or
``(III) is a spouse (other than the
spouse who is the parent of the
abducted child), child (other than
the abducted child), parent, sibling, or agent of an alien described in
clause (i), if such person has been designated by the Secretary of
State at the Secretary's sole and unreviewable discretion, is
inadmissible until the child described in clause (i) is surrendered to
the person granted custody by the order described in that clause, and
such person and child are permitted to return to the United States or
such person's place of residence.
``(iii) Exceptions.--Clauses (i) and (ii)
shall not apply--
``(I) to a government official of
the United States who is acting within
the scope of his or her official
duties;
``(II) to a government official of
any foreign government if the official
has been designated by the Secretary of
State at the Secretary's sole and
unreviewable discretion; or
``(III) so long as the child is
located in a foreign state that is a
party to the Convention on the Civil
Aspects of International Child
Abduction, done at The Hague on October
25, 1980.
``(D) Unlawful voters.--
``(i) In general.--Any alien who has voted
in violation of any Federal, State, or local
constitutional provision, statute, ordinance,
or regulation is inadmissible.
``(ii) Exception.--In the case of an alien
who voted in a Federal, State, or local
election (including an initiative, recall, or
referendum) in violation of a lawful
restriction of 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 violation that he or she was a
citizen, the alien shall not be considered to
be inadmissible under any provision of this
subsection based on such violation.
``(E) Former citizens who renounced citizenship.--
Any alien who is a former citizen of the United States
who officially renounced United States citizenship is
inadmissible.
``(b) Notices of Denials.--
``(1) In general.-- Subject to paragraphs (2) and (3), if
an alien's application for a visa, for admission to the United
States, or for adjustment of status is denied by an immigration
or consular officer because the officer determines the alien to
be inadmissible under subsection (a), the officer shall provide
the alien with a timely written notice that--
``(A) states the determination; and
``(B) lists the specific provision or provisions of
law under which the alien is excludable or ineligible
for entry or adjustment of status.
``(2) Waiver.--The Secretary of State or the Secretary of
Homeland Security may waive the requirements of paragraph (1)
with respect to a particular alien or any class or classes of
inadmissible aliens.
``(3) Inapplicability.--Paragraph (1) does not apply to any
alien inadmissible under paragraph (2) or (3) of subsection
(a).
``(c) Special Rules.--
``(1) `S' nonimmigrants.--The Secretary of Homeland
Security shall determine whether a ground for inadmissibility
exists with respect to a nonimmigrant described in section
101(a)(15)(S). The Secretary, in the Secretary's discretion,
may waive the application of subsection (a) (other than
paragraph (3)(E)) in the case of a nonimmigrant described in
section 101(a)(15)(S), if the Attorney General considers it to
be in the national interest to do so. Nothing in this section
shall be regarded as prohibiting the Secretary from instituting
removal proceedings against an alien admitted as a nonimmigrant
under section 101(a)(15)(S) for conduct committed after the
alien's admission into the United States, or for conduct or a
condition that was not disclosed to the Secretary prior to the
alien's admission as a nonimmigrant under section
101(a)(15)(S).
``(2) Documentary requirements for nonimmigrants.--Either
or both of the requirements of subsection (a)(7)(B)(i) may be
waived by the Secretary of Homeland Security and the Secretary
of State acting jointly--
``(A) on the basis of unforeseen emergency in
individual cases; or
``(B) in the case of aliens proceeding in immediate
and continuous transit through the United States under
contracts authorized in section 238(c).
``(3) Parole.--
``(A) In general.--The Secretary of Homeland
Security may, except as provided in subparagraph (B) or
in section 214(f), in the discretion of the Secretary,
parole into the United States a Cuban or Iraqi national
or, in the case of nationals of other countries,
temporarily under such conditions as the Secretary may
prescribe only on a case-by-case basis for urgent
humanitarian reasons or significant law enforcement
reasons any alien applying for admission to the United
States, but such parole 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 the alien was
paroled and thereafter the case shall continue to be
dealt with in the same manner as that of any other
applicant for admission to the United States. Parole on
a temporary basis cannot exceed 120 days, unless for a
significant law enforcement reason. The Secretary may
not parole into the United States an alien for urgent
humanitarian reasons if the alien is inadmissible under
paragraph (2), (3), or (9) of subsection (a).
``(B) Refugees.--The Secretary of Homeland Security
may not parole into the United States an alien who is a
refugee unless the Secretary determines that compelling
reasons in the public interest with respect to that
particular alien require that the alien be paroled into
the United States rather than be admitted as a refugee
under section 207.
``(4) Aliens entering from guam, puerto rico, or the virgin
islands.--The provisions of subsection (a) (other than
paragraph (7)) shall be applicable to any alien who shall leave
Guam, Puerto Rico, or the Virgin Islands of the United States,
and who seeks to enter the continental United States or any
other place under the jurisdiction of the United States. Any
alien described in this paragraph, who is denied admission to
the United States, shall be immediately removed in the manner
provided by section 241(c) of this Act.
``(5) Foreign government officials.--Upon a basis of
reciprocity accredited officials of foreign governments, their
immediate families, attendants, servants, and personal
employees may be admitted in immediate and continuous transit
through the United States without regard to the provisions of
this section except paragraphs (3)(A), (3)(B), (3)(C), and
(7)(B) of subsection (a) of this section.
``(6) Smugglers.--The Secretary may, in the discretion of
the Secretary for urgent humanitarian reasons, waive
application of subsection (a)(6)(E)(i) in the case of any alien
lawfully admitted for permanent residence who temporarily
proceeded abroad voluntarily and not under an order of removal,
and who is otherwise admissible to the United States as a
returning resident under section 211(b) if the alien has
encouraged, induced, assisted, abetted, or aided only an
individual who at the time of such action was the alien's
spouse, parent, son, or daughter (and no other individual) to
enter the United States in violation of law.
``(7) `T' nonimmigrants.--
``(A) Determination.--The Secretary of Homeland
Security shall determine whether a ground for
inadmissibility exists with respect to a nonimmigrant
described in section 101(a)(15)(T).
``(B) Waiver.--In addition to any other waiver that
may be available under this section, in the case of a
nonimmigrant described in section 101(a)(15)(T), if the
Secretary of Homeland Security considers it to be in
the national interest to do so, the Secretary, in the
Secretary's discretion, may waive the application of--
``(i) paragraphs (1) and (4) of subsection
(a); and
``(ii) any other provision of such
subsection (excluding paragraphs (2), (3), (8),
(9)(A), (10)(C), (10)(D), and (10)(E)) if the
activities rendering the alien inadmissible
under the provision were caused by the
victimization described in section
101(a)(15)(T)(i)(I).
``(8) `U' nonimmigrants.--
``(A) Determination.--The Secretary of Homeland
Security shall determine whether a ground for
inadmissibility exists with respect to a nonimmigrant
described in section 101(a)(15)(U).
``(B) Waiver.--In addition to any other waiver that
may be available under this section, in the case of a
nonimmigrant described in section 101(a)(15)(U), if the
Secretary of Homeland Security considers it to be in
the national interest to do so, the Secretary, in the
Secretary's discretion, may waive the application of--
``(i) paragraphs (1) and (4) of subsection
(a); and
``(ii) any other provision of such
subsection (excluding paragraphs (2), (3), (8),
(9)(A), (10)(C), (10)(D), and (10)(E)) if the
activities rendering the alien inadmissible
under the provision were caused by the criminal
activity described in section
101(a)(15)(U)(iii).
``(d) Suspension of Entry.--Whenever the President finds that the
entry of any aliens or of any class of aliens into the United States
would be detrimental to the interests of the United States, the
President may by proclamation, and for such period as the President
shall deem necessary, suspend the entry of all aliens or any class of
aliens as immigrants or nonimmigrants, or impose on the entry of aliens
any restrictions the President may deem to be appropriate. Whenever the
Secretary of Homeland Security finds that a commercial airline has
failed to comply with regulations of the Secretary relating to
requirements of airlines for the detection of fraudulent documents used
by passengers traveling to the United States (including the training of
personnel in such detection), the Secretary may suspend the entry of
some or all aliens transported to the United States by such airline.
``(e) Waivers of Health-Related Grounds.--
``(1) In general.--The Secretary of Homeland Security may
waive the application of--
``(A) subsection (a)(1)(A)(i) in the case of any
alien who--
``(i) is the spouse or the unmarried son or
daughter, or the minor unmarried lawfully
adopted child, of a United States citizen, or
of an alien lawfully admitted for permanent
residence, or of an alien who has been issued
an immigrant visa;
``(ii) has a son or daughter who is a
United States citizen, or an alien lawfully
admitted for permanent residence, or an alien
who has been issued an immigrant visa; or
``(iii) qualifies for classification under
clause (iii) or (iv) of section 204(a)(1)(A) or
classification under clause (ii) or (iii) of
section 204(a)(1)(B);
in accordance with such terms, conditions, and
controls, if any, including the giving of bond, as the
Secretary of Homeland Security, in the discretion of
such Secretary after consultation with the Secretary of
Health and Human Services, may by regulation prescribe;
``(B) subsection (a)(1)(A)(ii) in the case of any
alien--
``(i) who receives vaccination against the
vaccine-preventable disease or diseases for
which the alien has failed to present
documentation of previous vaccination;
``(ii) for whom a civil surgeon, medical
officer, or panel physician (as those terms are
defined by section 34.2 of title 42, Code of
Federal Regulations) certifies, according to
such regulations as the Secretary of Health and
Human Services may prescribe, that such
vaccination would not be medically appropriate;
or
``(iii) under such circumstances as the
Secretary of Homeland Security provides by
regulation, with respect to whom the
requirement of such a vaccination would be
contrary to the alien's religious beliefs or
moral convictions; or
``(C) subsection (a)(1)(A)(iii) in the case of any
alien, in accordance with such terms, conditions, and
controls, if any, including the giving of bond, as the
Secretary of Homeland Security, in the discretion of
such Secretary after consultation with the Secretary of
Health and Human Services, may by regulation prescribe.
``(2) Certificate of insurance.--A waiver shall not be
granted under this subsection unless the applicant has
presented to the Secretary of Homeland Security a valid
certificate of insurance covering all medical and hospital
expenses that might be incurred during the period such alien
has been admitted to the United States.
``(f) Waivers of Criminal and Related Grounds.--The Secretary of
Homeland Security may, in the discretion of the Secretary, waive the
application of subparagraphs (A)(i)(I), (B), (D), and (E) 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 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 Secretary that the
alien's denial of admission would result in exceptional and
extremely unusual hardship to the United States citizen or
lawfully resident spouse, parent, son, or daughter of such
alien; and
``(2) the Secretary, in the discretion of the Secretary,
and pursuant to such terms, conditions, and procedures as the
Secretary 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. 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 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 waiver shall be granted under this subsection in the case of
any alien who is present in the United States after the expiration of
the period of stay authorized by the Secretary of Homeland Security or
is present in the United States without being admitted or paroled if
either the alien has been convicted of an aggravated felony committed
in the United States or the alien has not 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 Secretary of Homeland Security to grant or deny a
waiver under this subsection.
``(g) Aliens Having Immigrant Visas.--Any alien, inadmissible to
the United States under paragraph (5)(A) or (7)(A)(i) of subsection
(a), who is in possession of an immigrant visa may, if otherwise
admissible, be admitted in the discretion of the Secretary of Homeland
if the Secretary is satisfied that inadmissibility was not known to,
and could not have been ascertained by the exercise of reasonable
diligence by, the immigrant before the time of departure of the vessel
or aircraft from the last port outside the United States and outside
foreign contiguous territory or, in the case of an immigrant coming
from foreign contiguous territory, before the time of the immigrant's
application for admission.
``(h) Waiver of Documentation Requirements for Nonimmigrants.--
``(1) In general.--The requirement of subsection
(a)(7)(B)(i) may be waived by the Secretary of Homeland
Security, the Secretary of State, and the Secretary of the
Interior, acting jointly, in the case of an alien applying for
admission as a nonimmigrant visitor for business or pleasure
and solely for entry into and stay on Guam for a period not to
exceed fifteen days, if the Secretary of Homeland Security, the
Secretary of State and the Secretary of the Interior, after
consultation with the Governor of Guam, jointly determine
that--
``(A) an adequate arrival and departure control
system has been developed on Guam; and
``(B) such a waiver does not represent a threat to
the welfare, safety, or security of the United States
or its territories and commonwealths.
``(2) Limitation.--An alien may not be provided a waiver
under this subsection unless the alien has waived any right--
``(A) to review or appeal under this Act of an
immigration officer's determination as to the
admissibility of the alien at the port of entry into
Guam; or
``(B) to contest, other than on the basis of an
application for asylum, any action for removal of the
alien.
``(i) Conditions on Receipt of Immigrant Visas Following
Departure.--An alien who has been physically present in the United
States shall not be eligible to receive an immigrant visa within ninety
days following departure therefrom unless--
``(1) the alien was maintaining a lawful nonimmigrant
status at the time of such departure; or
``(2) the alien is the spouse or unmarried child of an
individual who obtained temporary or permanent resident status
under section 210 or 245A of the Immigration and Nationality
Act or section 202 of the Immigration Reform and Control Act of
1986 at any date, who--
``(A) as of May 5, 1988, was the unmarried child or
spouse of the individual who obtained temporary or
permanent resident status under section 210 or 245A of
the Immigration and Nationality Act or section 202 of
the Immigration Reform and Control Act of 1986;
``(B) entered the United States before May 5, 1988,
resided in the United States on May 5, 1988, and is not
a lawful permanent resident; and
``(C) applied for benefits under section 301(a) of
the Immigration Act of 1990.
``(j) Uncertified Foreign Health-Care Workers.--Subsection
(a)(5)(C) shall not apply to an alien who seeks to enter the United
States for the purpose of performing labor as a nurse who presents to
the consular officer (or in the case of an adjustment of status, the
Secretary of Homeland Security) a certified statement from the
Commission on Graduates of Foreign Nursing Schools (or an equivalent
independent credentialing organization approved for the certification
of nurses under subsection (a)(5)(C) by the Secretary of Homeland
Security in consultation with the Secretary of Health and Human
Services) that--
``(1) the alien has a valid and unrestricted license as a
nurse in a State where the alien intends to be employed and
such State verifies that the foreign licenses of alien nurses
are authentic and unencumbered;
``(2) the alien has passed the National Council Licensure
Examination (NCLEX);
``(3) the alien is a graduate of a nursing program--
``(A) in which the language of instruction was
English;
``(B) located in a country--
``(i) designated by such commission not
later than 30 days after the date of the
enactment of the Nursing Relief for
Disadvantaged Areas Act of 1999, based on such
commission's assessment that the quality of
nursing education in that country, and the
English language proficiency of those who
complete such programs in that country, justify
the country's designation; or
``(ii) designated on the basis of such an
assessment by unanimous agreement of such
commission and any equivalent credentialing
organizations which have been approved under
subsection (a)(5)(C) for the certification of
nurses under this subsection; and
``(C)(i) which was in operation on or before the
date of the enactment of the Nursing Relief for
Disadvantaged Areas Act of 1999; or
``(ii) has been approved by unanimous agreement of
such commission and any equivalent credentialing
organizations which have been approved under subsection
(a)(5)(C) for the certification of nurses under this
subsection.
``(k) Public Charge Ground for Family-Sponsored Immigrants.--In
determining whether an alien described in subsection (a)(4)(C)(i) is
inadmissible under subsection (a)(4) or ineligible to receive an
immigrant visa or otherwise to adjust to the status of permanent
resident by reason of subsection (a)(4), the consular officer or the
Secretary of Homeland Security shall not consider any benefits the
alien may have received that were authorized under section 501 of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1641(c)).''.
(b) Technical and Conforming Amendments.--
(1) The following provisions of the Immigration and
Nationality Act are amended by striking ``212(e)'' and
inserting ``222(h)'':
(A) Paragraphs (1), (2)(A), and (3) of section
214(l).
(B) Paragraphs (2) and (3)(B) of section 240A(c).
(C) Section 245A(a)(2)(C).
(D) Section 248(3).
(2) Section 214 (8 U.S.C. 1202) is amended--
(A) by redesignating subsection (p) (as added by
the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act,
2001, as enacted into law by Public Law 106-553) as
subsection (r);
(B) by redesignating the second subsection (o) (as
added by the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies
Appropriations Act, 2001, as enacted into law by Public
Law 106-553) as subsection (q);
(C) by redesignating the first subsection (o) as
subsection (p);
(D) by redesignating subsection (n) as subsection
(o); and
(E) by redesignating the second subsection (m) as
subsection (n).
(3) Section 101(a) is amended--
(A) in paragraph (13)(B), by striking ``212(d)(5)''
and inserting ``212(c)(3)'';
(B) in paragraph (13)(C)(v), by striking ``212(h)''
and inserting ``212(f)'';
(C) in paragraph (15)(H)--
(i) by striking ``212(j)(2)'' and inserting
``214(s)(2)'';
(ii) by striking ``212(n)(1)'' and
inserting ``214(u)(1)'';
(iii) by striking ``212(m)(1)'' and
inserting ``214(t)(1)'';
(iv) by striking ``212(m)(2)'' and
inserting ``214(t)(2)''; and
(v) by striking ``212(m)(6)'' and inserting
``214(t)(6)'';
(D) in paragraph (15)(J), by striking ``212(j)''
and inserting ``214(s)'';
(E) in paragraph (15)(K), by striking ``(p) of
section 214'' and inserting ``(r) of section 214'';
(F) in paragraph (15)(T)(i), by striking ``214(n)''
and inserting ``214(o)'';
(G) in paragraph (15)(U)(i), by striking ``214(o)''
and inserting ``214(p)''; and
(H) in paragraph (15)(V), by striking ``214(o)''
and inserting ``214(q)''.
(4) Section 201(c)(4) is amended by striking ``212(d)(5)''
and inserting ``212(c)(3)''.
(5) Section 214(a)(1) is amended by striking ``212(l)'' and
inserting ``212(h)''.
(6) Section 214(e)(5) is amended--
(A) by striking ``212(m)'' both places it appears
and inserting ``214(t)''; and
(B) by striking ``212(n)'' and inserting
``214(u)''.
(7) Section 214(f)(2)(A) is amended by striking
``212(d)(5)'' and inserting ``212(c)(3)''.
(8) Section 216(f) is amended by striking ``subsection (h)
or (i) of section 212'' and inserting ``section 212(f)''.
(9) Section 237(a)(1)(C)(ii) is amended by striking
``212(g)'' and inserting ``212(e)''.
(10) Section 240A(b)(4) is amended by striking
``212(d)(5)'' and inserting ``212(c)(3)''.
(11) Section 242(a)(2)(B)(i) is amended by striking
``212(h), 212(i),'' and inserting ``212(f),''.
(12) Section 245(c) is amended--
(A) by striking ``212(d)(4)(C)'' and inserting
``212(c)(2)(C)''; and
(B) by striking ``212(l)'' and inserting
``212(h)''.
(13) Section 248 is amended by striking ``(or whose
inadmissibility under such section is waived under section
212(a)(9)(B)(v))'' in the matter preceding paragraph (1).
(14) Section 248(4) is amended by striking ``212(l)'' and
inserting ``212(h)''.
(15) Section 252(a) is amended by striking ``212(d)(3),
section 212(d)(5),'' and inserting ``212(c)(3),''.
(16) Paragraphs (2) and (3) of section 254(a) are each
amended by striking ``212(d)(5)'' and inserting ``212(c)(3)''.
(17) Section 286(s)(6) is amended--
(A) by striking ``212(n)(1)'' each place it appears
and inserting ``214(u)(1)''; and
(B) by striking ``212(n)(2)'' both places it
appears and inserting ``214(u)(2)''.
(c) Effective Date.--The amendments made by this section shall take
effect of the date of the enactment of this Act and shall apply to acts
undertaken, and conditions existing, before, on, or after such date.
SEC. 205. PROTECTION OF U.S. SPECIALTY WORKERS.
Section 214(u) of the Immigration and Nationality Act (8 U.S.C.
1184(u)), as so redesignated by this Act, is further amended as
follows:
(1) Paragraph (1)(E) is amended--
(A) by striking ``(E)(i) In the case of an
application described in clause (ii),'' and inserting
``(E)''; and
(B) by striking clause (ii).
(2) Paragraph (1)(F) is amended by striking ``In the case
of an application described in subparagraph (E)(ii), the'' and
inserting ``The''.
(3) Paragraph (1)(G) is amended--
(A) by striking ``(G)(i) In the case of an
application described in subparagraph (E)(ii), subject
to clause (ii),'' and inserting ``(G)''; and
(B) by striking clause (ii);
(4) Paragraph (1) is amended in the matter following
subparagraph (G)--
(A) by amending the 5th sentence to read as
follows: ``The Secretary of Labor shall review such an
application for completeness and accuracy.''; and
(B) in the 6th sentence, by striking ``obviously''.
(5) Paragraph (2)(C)(i) is amended by striking ``paragraph
(1)(B), (1)(E), or (1)(F), a substantial failure to meet a
condition of paragraph (1)(C), (1)(D), or (1)(G)(i)(I),'' and
inserting ``paragraph (1),''.
(6) Paragraph (2)(E) is amended to read as follows: ``If an
employer places an H-1B nonimmigrant with a second employer
whom the employer knows or had reason to know has ever
displaced a United States worker during a period described in
paragraph (1)(F), such displacement shall be considered to be a
failure to meet a condition specified in an application
submitted under paragraph (1).''.
(7) Paragraphs (3) and (5) are repealed.
SEC. 206. ANTIFRAUD FEE.
(a) Imposition of Fee.--
(1) In general.--Chapter 9 of title II of the Immigration
and Nationality Act (8 U.S.C. 1351 et seq.) is amended by
inserting after section 281 the following:
``antifraud fee
``Sec. 281A. (a) In General.--In addition to any other fees
authorized by law, the Secretary of Homeland Security shall impose an
antifraud fee on a petitioner filing a petition for classification
under section 204, or a petition for an alien's status as a
nonimmigrant under section 101(a)(15) (excluding status under
subparagraph (A), (B), (G), or (S) of such section).
``(b) Amount.--The amount of the fee shall be $100 for each such
petition.
``(c) Disposition.--Fees collected under this section shall be
deposited in the Treasury in accordance with section 286(v).''.
(2) Clerical amendment.--The table of contents of the
Immigration and Nationality Act is amended by inserting after
the item relating to section 281 the following:
``281A. Antifraud fee.''.
(b) Establishment of Account; Use of Fees.--Section 286 (8 U.S.C.
1356) is amended by adding at the end the following:
``(v) Antifraud Account.--
``(1) In general.--There is established in the general fund
of the Treasury a separate account which shall be known as the
`Antifraud Account'. Notwithstanding any other provision of
law, there shall be deposited as offsetting receipts into the
account all fees collected under section 281A.
``(2) Use of fees to combat fraud.--
``(A) Secretary of homeland security.--
``(i) Programs to eliminate fraud.--20
percent of amounts deposited into the Antifraud
Account shall remain available to the Secretary
of Homeland Security until expended for
programs and activities to eliminate fraud by
petitioners and beneficiaries with respect to
immigrant visa petitions under section 204 or
status under section 101(a)(15) (excluding
status under subparagraph (A), (B), (G), or (S)
of such section).
``(ii) Removal of aliens.--20 percent of
amounts deposited into the Antifraud Account
shall remain available to the Secretary of
Homeland Security until expended for the
removal of aliens who are deportable under
section 237(a)(1)(A) by reason of having been
found to be within the class of aliens
inadmissible under section 212(a)(6)(C).
``(B) Secretary of state.--40 percent of the
amounts deposited into the Antifraud Account shall
remain available to the Secretary of State until
expended for programs and activities to eliminate fraud
by petitioners and beneficiaries described in
subparagraph (A).
``(C) Joint programs.--20 percent of amounts
deposited into the Antifraud Account shall remain
available to the Secretary of Homeland Security and the
Secretary of State until expended for programs and
activities conducted by them jointly to eliminate fraud
by petitioners and beneficiaries described in
subparagraph (A).''.
(c) Effective Date.--The amendments made by this section shall take
effect 6 months after the date of the enactment of this Act.
TITLE III--TRACKING ALIENS PRESENT IN THE UNITED STATES
SEC. 301. ENTRY-EXIT SYSTEM.
(a) Integrated Entry and Exit Data System.--Section 110(b)(1) of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1221 note) is amended to read as follows:
``(1) provides access to, and integrates, arrival and
departure data of all aliens who arrive and depart at ports of
entry, in an electronic format and in a database of the
Department of Homeland Security or the Department of State
(including those created or used at ports of entry and at
consular offices);''.
(b) Construction.--Section 110(c) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 note) is
amended to read as follows:
``(c) Construction.--Nothing in this section shall be construed to
reduce or curtail any authority of the Secretary of Homeland Security
or the Secretary of State under any other provision of law.''.
(c) Deadlines.--Section 110(d) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 note) is
amended--
(1) in paragraph (1), by striking ``December 31'' and
inserting ``October 26'';
(2) by amending paragraph (2) to read as follows:
``(2) Land border ports of entry.--Not later than October
26, 2004, the Secretary of Homeland Security shall implement
the integrated entry and exit data system using the data
described in paragraph (1) and available alien arrival and
departure data described in subsection (b)(1) pertaining to
aliens arriving in, or departing from, the United States at all
land border ports of entry. Such implementation shall include
ensuring that such data, when collected or created by an
immigration officer at a port of entry, are entered into the
system and can be accessed by immigration officers at airports,
seaports, and other land border ports of entry.''; and
(3) by striking paragraph (3).
(d) Authority To Provide Access to System.--Section 110(f)(1) of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1221 note) is amended by adding at the end the following:
``The Secretary of Homeland Security shall ensure that any
officer or employee of the Department of Homeland Security or
the Department of State having need to access the data
contained in the integrated entry and exit data system for any
lawful purpose under the Immigration and Nationality Act has
such access, including access for purposes of representation of
the Department of Homeland Security in removal proceedings
under section 240 of such Act and adjudication of applications
for benefits under such Act.''.
(e) Waiver Available.--If the President determines in writing, with
respect to a fiscal or calendar year, that a waiver of one or more of
the amendments made by this section is desirable and would not threaten
the national security of the United States, the President may waive the
effectiveness of such amendment or amendments with respect to such
year.
SEC. 302. COLLECTION OF INFORMATION REGARDING FOREIGN STUDENTS.
(a) Course of Study.--Section 641(c)(1)(C) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1372(c)(1)(C)) is amended by inserting after ``including'' the
following: ``each course of study the student has taken and is taking
at the institution and''.
(b) Implementation of Program To Collect Information Relating to
Nonimmigrant Foreign Students and Other Exchange Program
Participants.--Section 641(d)(2) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(d)(2)) is amended
to read as follows:
``(2) Effect of failure to provide information.--During any
period on or after the date of the enactment of the Securing
America's Future through Enforcement Reform Act of 2003, if an
approved institution of higher education or a designated
exchange visitor program fails to provide the information
described in subsection (c) through the program described in
subsection (a), all approvals described in subparagraph (A) of
paragraph (1), and all grants of authority described in
subparagraph (B) of such paragraph, with respect to such
institution or exchange visitor program shall be revoked.''.
SEC. 303. ALIEN REGISTRATION.
(a) In General.--Section 262 (8 U.S.C. 1302) is amended to read as
follows:
``registration of aliens in the united states
``Sec. 262. (a) Initial Registration.--
``(1) In general.--It shall be the duty of every alien now
or hereafter in the United States, who (1) is fourteen years of
age or older, (2) has not been registered and fingerprinted
under section 221(b) of this Act or section 30 or 31 of the
Alien Registration Act, 1940, and (3) remains in the United
States for thirty days or longer, to apply for registration and
to be fingerprinted before the expiration of such thirty days.
``(2) Minors.--It shall be the duty of every parent or
legal guardian of any alien now or hereafter in the United
States, who (1) is less than fourteen years of age, (2) has not
been registered under section 221(b) of this Act or section 30
or 31 of the Alien Registration Act, 1940, and (3) remains in
the United States for thirty days or longer, to apply for the
registration of such alien before the expiration of such thirty
days. Whenever any alien attains his fourteenth birthday in the
United States he shall, within thirty days thereafter, apply in
person for registration and to be fingerprinted.
``(b) Subsequent Registrations.--
``(1) Permanent residents.--In addition to any other
registration otherwise required under this Act or any other
Act, each alien lawfully admitted for permanent residence shall
annually register with the Secretary of Homeland Security,
regardless of whether there has been any change in the alien's
address. This requirement shall commence on the first
anniversary of the date on which the alien acquired the status
of an alien lawfully admitted for permanent residence that
occurs after the enactment of the Securing America's Future
through Enforcement Reform Act of 2003.
``(2) Other aliens.--In addition to any other registration
otherwise required under this Act or any other Act, every alien
in the United States, other than an alien described in
paragraph (1), shall register with the Secretary of Homeland
Security at the expiration of each 3-month period during which
the alien remains in the United States, regardless of whether
there has been any change in the alien's address. This
requirement shall commence on the 60th day after the alien
enters the United States.
``(3) Minors.--In the case of an alien who is less than
fourteen years of age, a parent or legal guardian of the alien
may carry out this subsection on behalf of the alien.
``(c) Change of Address.--
``(1) In general.--Each alien required to be registered
under this title who is within the United States shall notify
the Secretary of Homeland Security in writing of each change of
address and new address within ten days from the date of such
change and furnish with such notice such additional information
as the Secretary may require by regulation.
``(2) Certain foreign states.--
``(A) In general.--The Secretary of Homeland
Security may, in the discretion of the Secretary, upon
ten days notice, require the natives of any one or more
foreign states, or any class or group thereof, who are
within the United States and who are required to be
registered under this title, to notify the Secretary of
their current addresses and furnish such additional
information as the Secretary may require.
``(B) Notice for minors.--In the case of an alien
for whom a parent or legal guardian is required to
apply for registration, the notice required by this
section shall be given to such parent or legal
guardian.
``(3) Minors.--In the case of an alien who is less than
fourteen years of age, a parent or legal guardian of the alien
may carry out this subsection on behalf of the alien.
``(d) Exception.--Subsections (b) and (c) shall not apply to an
alien lawfully admitted for permanent residence, and the alien's spouse
and children, if the alien is a member of the armed forces of the
United States serving on active duty (as defined in section 101(d) of
title 10, United States Code).
``(e) Forms.--The Secretary of Homeland Security shall prepare
forms for registrations and change of address notifications required
under this section. Such forms shall contain inquiries to obtain the
following information:
``(1) Full name and aliases.
``(2) Current address.
``(3) Date of birth.
``(4) Visa category.
``(5) Date of entry into the United States.
``(6) Termination date of authorization to remain in the
United Sates, if any.
``(7) Signature.
``(8) Biometric feature of the alien.
``(9) Any additional information that the Secretary of
Homeland Security determines to be necessary.
``(f) Information Technology System.--The Secretary of Homeland
Security shall establish and operate an information technology system
for the electronic collection, compilation, and maintenance of the
information submitted under this section. Such system shall permit any
alien address in the United States that has been registered with the
Secretary, and the date of such registration, to be accessed by any
officer or employee of the Department of Homeland Security having need
for such access for any lawful purpose under the Immigration and
Nationality Act.''.
(b) Repeal.--Section 265 (8 U.S.C. 1305) is repealed and the table
of contents is amended by striking the item relating to such section.
(c) Conforming Amendments.--
(1) Removal for failure to comply.--Section 237(a)(3)(A) (8
U.S.C. 1227(a)(3)(A)) is amended by striking ``265'' and
inserting ``262''.
(2) Registration of special groups.--Section 263(b) (8
U.S.C. 1303(b)) is amended by inserting ``(excluding subsection
(c) of such section)'' after ``262''.
(3) Forms and procedure.--Section 264(a) (8 U.S.C. 1304(a))
is amended by striking ``of this title, and the Attorney
General is authorized and directed to prepare forms for the
registration and fingerprinting of aliens under section 262 of
this title.'' and inserting a period.
(4) Penalties.--Section 266 (8 U.S.C. 1306) is amended by
striking ``265'' each place such term appears and inserting
``262''.
(d) Report.--Not later than 3 years after the date of the enactment
of this Act, the Secretary of Homeland Security shall submit a report
to the Committees on the Judiciary of the House of Representatives and
the Senate on the implementation of section 262 of the Immigration and
Nationality Act, as amended by this section, and the results of such
implementation.
(e) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 304. VISA TERM COMPLIANCE BONDS.
(a) Definitions.--For purposes of this section:
(1) Visa term compliance bond.--The term ``visa term
compliance bond'' means a written suretyship undertaking
entered into by an alien individual seeking admission to the
United States of America on a nonimmigrant visa whose
performance is guaranteed by a bail agent.
(2) Suretyship undertaking.--The term ``suretyship
undertaking'' means a written agreement, executed by a bail
agent, which binds all parties to its certain terms and
conditions and which provides obligations for the visa
applicant while under the bond and penalties for forfeiture to
ensure the obligations of the principal under the agreement.
(3) Bail agent.--The term ``bail agent'' means any
individual properly licensed, approved, and appointed by power
of attorney to execute or countersign bail bonds in connection
with judicial proceedings and who receives a premium.
(4) Surety.--The term ``surety'' means an entity, as
defined by, and that is in compliance with, sections 9304
through 9308 of title 31, United States Code, that agrees--
(A) to guarantee the performance, where
appropriate, of the principal under a visa term
compliance bond;
(B) to perform as required in the event of a
forfeiture; and
(C) to pay over the principal (penal) sum of the
bond for failure to perform.
(b) Issuance of Bond.--A consular officer may require an applicant
for a nonimmigrant visa, as a condition for granting such application,
to obtain a visa term compliance bond.
(c) Validity, Expiration, Renewal, and Cancellation of Bonds.--
(1) Validity.--A visa term compliance bond undertaking is
valid if it--
(A) states the full, correct, and proper name of
the alien principal;
(B) states the amount of the bond;
(C) is guaranteed by a surety and countersigned by
an attorney-in-fact who is properly appointed;
(D) is an original signed document;
(E) is filed with the Secretary of Homeland
Security along with the original application for a
visa; and
(F) is not executed by electronic means.
(2) Expiration.--A visa term compliance bond undertaking
shall expire at the earliest of--
(A) 1 year from the date of issue;
(B) at the expiration, cancellation, or surrender
of the visa; or
(C) immediately upon nonpayment of the premium.
(3) Renewal.--The bond may be renewed--
(A) annually with payment of proper premium at the
option of the bail agent or surety; and
(B) provided there has been no breech of
conditions, default, claim, or forfeiture of the bond.
(4) Cancellation.--The bond shall be canceled and the
surety and bail agent exonerated--
(A) for nonrenewal;
(B) if the surety or bail agent provides reasonable
evidence that there was misrepresentation or fraud in
the application for the bond;
(C) upon termination of the visa;
(D) upon death, incarceration of the principal, or
the inability of the surety to produce the principal
for medical reasons;
(E) if the principal is detained in any city,
State, country, or political subdivision thereof;
(F) if the principal departs from the United States
of America for any reason without permission of the
Secretary of Homeland Security and the surety or bail
agent; or
(G) if the principal is surrendered by the surety.
(5) Effect of expiration or cancellation.--When a visa term
compliance bond expires without being immediately renewed, or
is canceled, the nonimmigrant status of the alien shall be
revoked immediately.
(6) Surrender of principal; forfeiture of bond premium.--
(A) Surrender.--At any time before a breach of any
of the conditions of the bond, the surety or bail agent
may surrender the principal, or the principal may
surrender, to any office or facility of the Department
of Homeland Security charged with immigration
enforcement or border protection.
(B) Forfeiture of bond premium.--A principal may be
surrendered without the return of any bond premium if
the visa holder--
(i) changes address without notifying the
surety or bail agent and the Secretary of
Homeland Security in writing at least 60 days
prior to such change;
(ii) changes schools, jobs, or occupations
without written permission of the surety, bail
agent, and the Secretary;
(iii) conceals himself or herself;
(iv) fails to report to the Secretary as
required at least annually; or
(v) violates the contract with the bail
agent or surety, commits any act that may lead
to a breech of the bond, or otherwise violates
any other obligation or condition of the visa
established by the Secretary.
(7) Certified copy of undertaking or warrant to accompany
surrender.--
(A) In general.--A person desiring to make a
surrender of the visa holder--
(i) shall have the right to petition any
Federal court for an arrest warrant for the
arrest of the visa holder;
(ii) shall forthwith be provided a
certified copy of the arrest warrant and the
undertaking; and
(iii) shall have the right to pursue,
apprehend, detain, and deliver the visa holder,
together with the certified copy of the arrest
warrant and the undertaking, to any official or
facility of the Department of Homeland Security
charged with immigration enforcement or border
protection or any detention facility authorized
to hold Federal detainees.
(B) Effects of delivery.--Upon delivery of a person
under subparagraph (A)(iii)--
(i) the official to whom the delivery is
made shall detain the visa holder in custody
and issue a written certificate of surrender;
and
(ii) the court issuing the warrant
described in subparagraph (A)(i) and the
Secretary of Homeland Security shall
immediately exonerate the surety and bail agent
from any further liability on the bond.
(8) Form of bond.--A visa term compliance bond shall in all
cases state the following and be secured by a surety:
(A) Breech of bond; procedure, forfeiture,
notice.--
(i) If a visa holder violates any
conditions of the visa or the visa bond the
Secretary of Homeland Security shall--
(I) order the visa canceled;
(II) immediately obtain a warrant
for the visa holder's arrest;
(III) order the bail agent and
surety to take the visa holder into
custody and surrender the visa holder
to the Secretary; and
(IV) mail notice to the bail agent
and surety via certified mail return
receipt at each of the addresses in the
bond.
(ii) A bail agent or surety shall have full
and complete access to any and all information,
electronic or otherwise, in the care, custody,
and control of the United States Government or
any State or local government or any subsidiary
or police agency thereof regarding the visa
holder needed to comply with section 304 of the
Securing America's Future through Enforcement
Reform Act of 2003 that the court issuing the
warrant believes is crucial in locating the
visa holder.
(iii) If the visa holder is later arrested,
detained, or otherwise located outside the
United States and the outlying possessions of
the United States (as defined in section 101(a)
of the Immigration and Nationality Act), the
Secretary of Homeland Security shall--
(I) order that the bail agent and
surety are completely exonerated, and
the bond canceled and terminated; and
(II) if the Secretary has issued an
order under clause (i), the surety may
request, by written, properly filed
motion, reinstatement of the bond. This
subclause may not be construed to
prevent the Secretary from revoking or
resetting a higher bond.
(iv) The bail agent or surety must--
(I) produce the visa bond holder;
or
(II)(aa) prove within 180 days that
producing the bond holder was
prevented--
(aaa) by the bond holder's
illness or death;
(bbb) because the bond
holder is detained in custody
in any city, State, country, or
political subdivision thereof;
(ccc) because the bond
holder has left the United
States or its outlying
possessions (as defined in
section 101(a) of the
Immigration and Nationality Act
(8 U.S.C. 1101(a)); or
(ddd) because required
notice was not given to the
bail agent or surety; and
(bb) prove within 180 days that the
inability to produce the bond holder
was not with the consent or connivance
of the bail agent or sureties.
(v) If the bail agent or surety does not
comply with the terms of this bond within 60
days after the mailing of the notice required
under subparagraph (A)(i)(IV), a portion of the
face value of the bond shall be assessed as a
penalty against the surety.
(vi) If compliance occurs more than 60 days
but no more than 90 days after the mailing of
the notice, the amount assessed shall be one-
third of the face value of the bond.
(vii) If compliance occurs more than 90
days, but no more than 180 days, after the
mailing of the notice, the amount assessed
shall be two-thirds of the face value of the
bond.
(viii) If compliance does not occur within
180 days after the mailing of the notice, the
amount assessed shall be 100 percent of the
face value of the bond.
(ix) All penalty fees shall be paid by the
surety within 45 days after the end of such
180-day period.
(B) The Secretary of Homeland Security may waive
the penalty fees or extend the period for payment or
both, if--
(i) a written request is filed with the
Secretary; and
(ii) the bail agent or surety provides
evidence satisfactory to the Secretary
that diligent efforts were made to effect compliance of the visa
holder.
(C) Compliance; exoneration; limitation of
liability.--
(i) Compliance.--The bail agent or surety
shall have the absolute right to locate,
apprehend, arrest, detain, and surrender any
visa holder, wherever he or she may be found,
who violates any of the terms and conditions of
the visa or bond.
(ii) Exoneration.--Upon satisfying any of
the requirements of the bond, the surety shall
be completely exonerated.
(iii) Limitation of liability.--The total
liability on any undertaking shall not exceed
the face amount of the bond.
SEC. 305. RELEASE OF ALIENS IN REMOVAL PROCEEDINGS.
(a) In General.--Section 236(a)(2) is amended to read as follows:
``(2) subject to section 241(a)(8), may release the alien
on bond of at least $10,000, with security approved by, and
containing conditions prescribed by, the Secretary of Homeland
Security, but the Secretary shall not release the alien on or
to his own recognizance unless an order of an immigration judge
expressly finds that the alien is not a flight risk and is not
a threat to the United States; and''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act.
SEC. 306. DETENTION OF ALIENS DELIVERED BY BONDSMEN.
(a) In General.--Section 241(a) (8 U.S.C. 1231(a)) is amended by
adding at the end the following:
``(8) Effect of production of alien by bondsman.--
Notwithstanding any other provision of law, the Secretary of
Homeland Security shall take into custody any alien subject to
a final order of removal, and cancel any bond previously posted
for the alien, if the alien is produced within the prescribed
time limit by the obligor on the bond. The obligor on the bond
shall be deemed to have substantially performed all conditions
imposed by the terms of the bond, and shall be released from
liability on the bond, if the alien is produced within such
time limit.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
all immigration bonds posted before, on, or after such date.
TITLE IV--REMOVING ALIEN TERRORISTS, CRIMINALS, AND HUMAN RIGHTS
VIOLATORS
Subtitle A--Removing Alien Terrorists
SEC. 401. DEPORTABILITY OF TERRORISTS, NATIONAL SECURITY THREATS, AND
SERIOUS FOREIGN CRIMES.
(a) In General.--Section 237(a)(4) (8 U.S.C. 1227(a)(4)) is
amended--
(1) by amending subparagraph (B) to read as follows:
``(B) Terrorist activities.--Any alien who would be
considered inadmissible pursuant to section
212(a)(3)(B) is deportable.''; and
(2) by inserting after subparagraph (D) the following:
``(E) National security consequences.--An alien
described in section 212(a)(3)(G) is deportable.
``(F) Serious foreign crimes.--An alien described
in section 212(a)(3)(H) is deportable.''.
(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
conduct occurring before, on, or after such date.
SEC. 402. ADMINISTRATIVE REMOVAL OF ALIEN TERRORISTS.
(a) In General.--Section 238 (8 U.S.C. 1228) is amended--
(1) in the section heading, by striking ``aliens convicted
of committing aggravated felonies'' and inserting ``certain
aliens'';
(2) in the heading of subsection (a), by inserting
``Institutional'' before ``Removal'';
(3) in subsection (a)(1), by striking ``241'' each place it
appears and inserting ``237'';
(4) by amending the heading of subsection (b) to read as
follows:
``(b) Proceedings for the Administrative Removal of Aliens.--'';
(5) by amending subsection (b)(1) to read as follows:
``(1) The Secretary of Homeland Security may--
``(A) 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); or
``(B) in the case of an alien certified under
paragraph (2)(C), determine the deportability of such
alien under any provision of section 237,
and issue an order of removal pursuant to the procedures set
forth in this subsection or section 240.'';
(6) in subsection (b)(2)--
(A) in subparagraph (A), by striking ``or'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following:
``(C) has been certified by the Secretary of
Homeland Security, pursuant to paragraph (6), which
certification is not reviewable except as provided in
subsection (b)(7).'';
(7) by adding at the end of subsection (b) the following:
``(6) Certification.--The Secretary of Homeland Security
may certify an alien under this paragraph if the Secretary has
reasonable grounds to believe that the alien--
``(A) is described in section 212(a)(3)(A)(i),
212(a)(3)(A)(iii), 212(a)(3)(B), 237(a)(4)(A)(i),
237(a)(4)(A)(iii), or 237(a)(4)(B); or
``(B) is engaged in any other activity that
endangers the national security of the United States.
``(7) Nondelegation.--The Secretary may delegate the
authority provided under paragraph (6) only to the Deputy
Secretary. The Deputy Secretary may not delegate such
authority.
``(8) Judicial review.--Notwithstanding any other provision
of law, judicial review of an order under paragraph (2)(C)
shall be available only by a filing in the United States Court
of Appeals for the District of Columbia.'';
(8) by striking the first subsection (c) and inserting the
following:
``(c) Presumption of Removability.--An alien convicted of an
aggravated felony, or certified pursuant to section 238(b)(2)(C), shall
be conclusively presumed to be removable from the United States.''; and
(9) by redesignating the second subsection (c)
(redesignated as such by section 671(b)(13) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996) as
subsection (d).
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall apply to
aliens in removal proceedings on or after such date.
SEC. 403. ASYLUM PETITIONS BY MEMBERS OF TERRORIST ORGANIZATIONS.
Paragraph (1) of section 208(b) (8 U.S.C. 1158(b)) is amended by
adding at the end the following: ``In any case in which there may be
more than one motive for persecution, the alien bears the burden of
showing that such persecution was or would be inflicted solely on
account of race, religion, nationality, membership in a particular
social group, or political opinion.''.
SEC. 404. EXPATRIATION OF TERRORISTS.
(a) In General.--Section 349 of the Immigration and Nationality Act
(8 U.S.C. 1481) is amended--
(1) by amending subsection (a)(3) to read as follows:
``(3)(A) entering, or serving in, the armed forces of a
foreign state if--
``(i) such armed forces are engaged in hostilities
against the United States; or
``(ii) such person serves as a commissioned or non-
commissioned officer; or
``(B) in the case of a naturalized American citizen,
joining or serving in, or providing material support (as
defined in section 2339A of title 18, United States Code) to a
terrorist organization designated under section 212(a)(3) or
219 or designated under the International Emergency Powers Act,
if the organization is engaged in hostilities against the
United States, its people, or its national security
interests.''; and
(2) by adding at the end of subsection (b): ``The voluntary
commission or performance of an act described in subsection
(a)(3)(A)(i) or (B) shall be prima facie evidence that the act
was done with the intention of relinquishing United States
nationality.''.
(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
determinations pending on or after such date with respect to which a
final administrative decision has not been rendered as of such date.
Subtitle B--Removing Alien Criminals
SEC. 411. DEFINITION OF CRIMINAL CONVICTION.
(a) In General.--Subparagraph (B) of section 101(a)(48) (8 U.S.C.
1101(a)(48)) is amended by adding at the end the following: ``Any
conviction entered by a court shall remain valid for immigration
purposes notwithstanding a vacation of that conviction, unless the
conviction is vacated on direct appeal wherein the court determines
that vacation is warranted on the merits, or on grounds relating to a
violation of a fundamental statutory or constitutional right in the
underlying criminal proceedings.''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act and shall apply to
determinations pending on or after such date with respect to which a
final administrative decision has not been rendered as of such date.
SEC. 412. REMOVING MURDERERS, RAPISTS, SEXUAL ABUSERS OF CHILDREN, AND
DRUNK DRIVERS.
(a) Removing Murderers, Rapists, and Sexual Abusers of Children.--
Subparagraph (A) of section 101(a)(43) (8 U.S.C. 1101(a)(43)) is
amended by inserting before the semicolon at the end the following: ``,
regardless of the term of imprisonment, and regardless of whether the
offenses are deemed to be misdemeanors or felonies under State or
Federal law,''.
(b) Removing Drunk Drivers.--Section 101(a)(43)(F) is amended by
inserting ``, including a third drunk driving conviction, regardless of
the States in which the convictions occurred, and regardless of whether
the offenses are deemed to be misdemeanors or felonies under State or
Federal law,'' after ``offense)''.
(c) Effective Date.--The amendment made by the section shall take
effect on the date of the enactment of this Act and shall apply to
convictions entered on or after such date.
SEC. 413. DETENTION AND RELEASE OF CRIMINAL ALIENS PENDING REMOVAL
DECISION.
(a) Arrest and Detention.--
(1) In general.--Section 236(c)(1) (8 U.S.C. 1226(c)(1)) is
amended--
(A) by striking the matter preceding subparagraph
(A) and inserting the following:
``(1) Arrest and detention.--On a warrant issued by the
Secretary of Homeland Security, an alien shall be arrested and
detained pending a decision on whether the alien is to be
removed from the United States if the Secretary alleges that
the alien--'';
(B) in subparagraph (D), by striking the comma at
the end and inserting a period; and
(C) by striking the matter following subparagraph
(D) and adding at the end the following:
``Nothing in this paragraph shall be construed as requiring the
Secretary to arrest or detain an alien who is sentenced to a
term of imprisonment until the alien is released from
imprisonment, but parole, supervised release, probation, or
possibility of arrest or further imprisonment is not a reason
for the Secretary to defer arrest and detention under this
paragraph.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply to aliens who are in proceedings under the
Immigration and Nationality Act on or after the date of the
enactment of this Act if those proceedings have not resulted in
a final administrative order before such date.
(b) Release.--
(1) In general.--Section 236(c)(2) (8 U.S.C. 1226(c)(2)) is
amended--
(A) by inserting after the first sentence the
following:
``To satisfy this burden, the alien is required to present
documentary evidence or witness testimony from a third party,
where such evidence is reasonably available. No finder of fact
may determine that such evidence is not reasonably available
solely because the alien is detained.''; and
(B) by adding at the end the following:
``The Secretary of Homeland Security may release an alien under
this paragraph only on bond of at least $5,000 with security
approved by, and containing conditions prescribed by, the
Secretary.''.
(2) Condition on release.--Section 236(a) (8 U.S.C.
1226(a)) is amended by adding at the end the following:
``In order to be released, the alien has the burden of proving that the
alien is neither a danger to the community nor a flight risk. To
satisfy this burden, the alien is required to present documentary
evidence or witness testimony from a third party, where such evidence
is reasonably available. No finder of fact may determine that such
evidence is not reasonably available solely because the alien is
detained.''.
(3) Effective date.--The amendments made by this subsection
shall apply to releases occurring on or after the date of the
enactment of this Act.
Subtitle C--Removing Alien Human Rights Violators
SEC. 421. SERIOUS HUMAN RIGHTS VIOLATOR DEFINED.
Section 101(a) (8 U.S.C. 1101(a)) is amended by adding at the end
the following:
``(51)(A) The term `serious human rights violator' means any alien
who--
``(i) ordered, incited, assisted, or otherwise participated
in the persecution of any person on account of race, religion,
nationality, membership in a particular social group, or
political opinion;
``(ii) while serving as a foreign government official, was
responsible for, or directly carried out, particularly severe
violations of religious freedom (as defined in section 3 of the
International Religious Freedom Act of 1998 (22 U.S.C. 6402));
``(iii) during an armed conflict, ordered, incited,
assisted, or otherwise participated in a war crime (as defined
in section 2441(c) of title 18, United States Code);
``(iv) ordered, incited, assisted, otherwise participated
in, attempted to commit, or conspired to commit conduct that
would constitute genocide (as defined in section 1091(a) of
title 18, United States Code), if the conduct were committed in
the United States or by a United States national;
``(v) ordered, incited, assisted, or otherwise participated
in any act of torture (as defined in the United Nations
Convention Against Torture and Other Forms of Cruel, Inhuman or
Degrading Treatment or Punishment, done at New York on December
10, 1984, subject to any reservations, understandings,
declarations, and provisos contained in the United States
Senate resolution of ratification of the Convention); or
``(vi) committed, ordered, incited, assisted, otherwise
participated in, or was responsible for any of the following
acts, when undertaken in whole or in significant part for a
political, religious, or discriminatory purpose:
``(I) Murder or other homicide.
``(II) Kidnapping.
``(III) Disappearance.
``(IV) Rape.
``(V) Torture or mutilation.
``(VI) Prolonged, arbitrary detention.
``(VII) Enslavement.
``(VIII) Forced prostitution, impregnation,
sterilization, or abortion.
``(IX) Genocide.
``(X) Extermination.
``(XI) Recruitment of persons under the age of 15
for use in armed conflict.
``(B) Subparagraph (A) shall not apply to an alien who demonstrates
by clear and convincing evidence that the conduct was committed under
extreme duress. For purposes of the preceding sentence, `extreme
duress' means duress created by a threat of imminent death or rape of
the alien, or a spouse, child, or parent of the alien.''.
SEC. 422. DEPORTABILITY OF SERIOUS HUMAN RIGHTS VIOLATORS.
(a) In General.--Section 237(a) (8 U.S.C. 1227(a)) is amended by
adding at the end the following:
``(8) Serious human rights violators.--Any serious human
rights violator is deportable.''.
(b) Conforming Amendment.--Section 237(a)(4)(D) (8 U.S.C.
1227(a)(4)(D)) is amended to read as follows:
``(D) Assisted in nazi persecution.--Any alien
described in section 212(a)(3)(E) is deportable.''.
SEC. 423. ARREST AND DETENTION OF SERIOUS HUMAN RIGHTS VIOLATORS
PENDING REMOVAL AND CRIMINAL PROSECUTION DECISIONS.
(a) Custody.--Section 236(c)(1)(D) (8 U.S.C. 1226(c)(1)(D)) is
amended by striking ``section 237(a)(4)(B),'' and inserting ``paragraph
(4)(B) or (8) of section 237(a)''.
(b) Notice to Criminal Division.--Section 236(c) (8 U.S.C. 1226(c))
is amended by adding at the end the following:
``(3) Notice to criminal division.--The Secretary of
Homeland Security shall ensure that the Assistant Attorney
General for the Criminal Division of the Department of
Justice--
``(A) is notified when an alien is arrested and
detained under paragraph (1) by reason of
inadmissibility under section 212(a)(2)(G) or
deportability under section 237(a)(8);
``(B) is provided the information that was the
basis for the application of such paragraph; and
``(C) makes a determination whether the alien
should be arrested and prosecuted in the United States
for a criminal offense.
``(4) Reports.--Beginning 6 months after the date of the
enactment of the Securing America's Future through Enforcement
Reform Act of 2003, and every 12 months thereafter, the
Secretary of Homeland Security and the Attorney General shall
submit to the Committees on the Judiciary of the United States
House of Representatives and of the Senate a report containing
the following:
``(A) The number of removal proceedings initiated
against aliens under sections 212(a)(2)(G) and
237(a)(8) during the reporting period.
``(B) The number of removal proceedings under
sections 212(a)(2)(G) and 237(a)(8) pending at the
conclusion of the reporting period.
``(C) The number of aliens removed under sections
212(a)(2)(G) and 237(a)(8) during the reporting period.
``(D) The number of notifications under paragraph
(3)(A) made during the reporting period.
``(E) The number of criminal prosecutions initiated
during the reporting period based on information
provided under paragraph (3).
``(F) The number of criminal prosecutions pending
at the conclusion of the reporting period that were
initiated based on information provided under paragraph
(3).
``(G) The number of criminal prosecutions initiated
based on information provided under paragraph (3) that
resulted in a conviction during the reporting
period.''.
SEC. 424. EXCEPTION TO RESTRICTION ON REMOVAL FOR SERIOUS HUMAN RIGHTS
VIOLATORS AND TERRORISTS.
Section 241(b)(3)(B) (8 U.S.C. 1231(b)(3)(B)) is amended--
(1) in the matter preceding clause (i), by striking
``section 237(a)(4)(D)'' and inserting ``subparagraph (B) or
(D) of section 237(a)(4)''; and
(2) by amending clause (i) to read as follows:
``(i) the alien is a serious human rights
violator;''.
SEC. 425. INITIATION OF REMOVAL PROCEEDINGS AGAINST SERIOUS HUMAN
RIGHTS VIOLATORS BY COMPLAINT.
Section 239 (8 U.S.C. 1229) is amended by adding at the end the
following:
``(e) Complaints Respecting Serious Human Rights Violators.--
``(1) Establishment of process.--The Secretary of Homeland
Security shall establish a process for the receipt,
investigation, and disposition of complaints alleging that an
alien present in the United States is a serious human rights
violator and identifying that alien.
``(2) Persons entitled to file complaints.--Any individual
may file a complaint under paragraph (1).
``(3) Form and content of complaint.--A complaint under
paragraph (1) shall be in the form of a written statement,
executed under oath or as permitted under penalty of perjury
under section 1746 of title 28, United States Code, and shall
contain such information as the Secretary of Homeland Security
may require. Complaints shall be filed with an office
designated for that purpose by the Secretary.
``(4) Notice served on subject of complaint.--The Secretary
shall serve notice, by certified mail and within 14 days of the
filing of a complaint under paragraph (1), on each alien
identified in the complaint as a serious human rights violator.
The alien shall answer the complaint within 10 days of
receiving it.
``(5) Investigation and action.--The Secretary shall
conduct an investigation of each complaint that satisfies the
requirements of this subsection. Not later than 180 days after
the date of filing of such a complaint, the Secretary, with
respect to each alien identified in the complaint as a serious
human rights violator--
``(A) shall initiate removal proceedings against
the alien; or
``(B) shall issue to the complainant a written
determination that, in the opinion of the Secretary,
the alien is not a serious human rights violator.
``(6) Construction.--Nothing in this subsection shall be
construed to limit the discretion of consular officers under
section 291 to determine eligibility for a visa or document
required for entry or to limit the discretion of any
immigration officer otherwise to initiate removal proceedings
under this Act.''.
SEC. 426. BARS TO REFUGEE STATUS AND ASYLUM FOR SERIOUS HUMAN RIGHTS
VIOLATORS.
(a) Refugee Defined.--Section 101(a)(42) (8 U.S.C. 1101(a)(42)) is
amended by striking the second sentence and inserting ``The term
`refugee' does not include any person who is a serious human rights
violator as defined in section 101(a)(51)(A).''.
(b) No Waiver of Ground of Inadmissibility for Refuge Seekers.--
Section 207(c)(3) (8 U.S.C. 1157(c)(3)) is amended by inserting ``or
(2)(G)'' after ``(2)(C)''.
(c) Exceptions to Granting Asylum.--Section 208(b)(2)(A)(i) (8
U.S.C. 1158(b)(2)(A)(i)) is amended to read as follows:
``(i) the alien is a serious human rights
violator;''.
(d) Extension to Spouses and Children of Exceptions to Granting
Asylum.--Section 208(b)(3) of the Immigration and Nationality Act (8
U.S.C. 1158(b)(3)) is amended by striking ``such alien.'' and inserting
``such alien, unless the Secretary of Homeland Security determines that
one of the exceptions in clauses (i) through (v) of paragraph (2)(A)
applies to the spouse or child.''.
SEC. 427. BAR TO ADJUSTMENT OF STATUS FOR SERIOUS HUMAN RIGHTS
VIOLATORS.
Section 209(c) (8 U.S.C. 1159(c)) is amended by inserting ``or
(2)(G)'' after ``(2)(C)''.
SEC. 428. BAR TO FINDING OF GOOD MORAL CHARACTER FOR SERIOUS HUMAN
RIGHTS VIOLATORS.
Section 101(f) (8 U.S.C. 1101(f)) is amended by inserting after
paragraph (1) the following:
``(2) a serious human rights violator;''.
SEC. 429. BAR TO CANCELLATION OF REMOVAL FOR SERIOUS HUMAN RIGHTS
VIOLATORS.
Section 240A(c)(4) (8 U.S.C. 2339b(c)(4)) is amended--
(1) by striking ``section 212(a)(3)'' and inserting
``paragraph (2)(G) or (3) of section 212(a)''; and
(2) by striking ``section 237(a)(4).'' and inserting
``paragraph (4) or (8) of section 237(a).''.
SEC. 430. BAR TO ADJUSTMENT OF STATUS WITH RESPECT TO CERTAIN SPECIAL
IMMIGRANTS.
Section 245(h)(2)(B) (8 U.S.C. 1255(h)(2)(B)) is amended by
inserting ``(2)(G),'' before ``(3)(A)''.
SEC. 431. CRIMINAL PENALTIES FOR REENTRY OF REMOVED SERIOUS HUMAN
RIGHTS VIOLATORS.
Section 276(b) (8 U.S.C. 1326(b)) is amended--
(1) in paragraph (3), by striking ``sentence. or'' and
inserting ``sentence;'';
(2) in paragraph (4), by striking the period at the end and
inserting ``; or''; and
(3) by inserting after paragraph (4) the following:
``(5) who was removed from the United States pursuant to
section 212(a)(2)(G) or 237(a)(8), and who thereafter, without
the permission of the Secretary of Homeland Security, enters,
attempts to enter, 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.''.
SEC. 432. AIDING OR ASSISTING SERIOUS HUMAN RIGHTS VIOLATORS TO ENTER
THE UNITED STATES.
Section 277 (8 U.S.C. 1327) is amended by striking ``felony)'' and
inserting ``felony or is a serious human rights violator)''.
SEC. 433. REVISION OF REGULATIONS WITH RESPECT TO THE INVOLUNTARY
RETURN OF PERSONS IN DANGER OF SUBJECTION TO TORTURE.
(a) Regulations.--
(1) Revision deadline.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of Homeland
Security shall revise the regulations prescribed by the
Secretary to implement the United Nations Convention Against
Torture and Other Forms of Cruel, Inhuman or Degrading
Treatment or Punishment, done at New York on December 10, 1984.
(2) Exclusion of certain aliens.--The revision shall
exclude from the protection of such regulations aliens
described in section 241(b)(3)(B) of the Immigration and
Nationality Act (8 U.S.C. 1231(b)(3)(B)) (as amended by section
424 of this Act), including rendering such aliens ineligible
for withholding or deferral of removal under the Convention.
(3) Burden of proof.--The revision shall also ensure that
the burden of proof is on the applicant for withholding or
deferral of removal under the Convention to establish by clear
and convincing evidence that he or she would be tortured if
removed to the proposed country of removal.
(b) Judicial Review.--Notwithstanding any other provision of law,
no court shall have jurisdiction to review the regulations adopted to
implement this section, and nothing in this section shall be construed
as providing any court jurisdiction to consider or review claims raised
under the Convention or this section, except as part of the review of a
final order of removal pursuant to section 242 of the Immigration and
Nationality Act (8 U.S.C. 1252).
SEC. 434. FUNDING FOR DETENTION AND REMOVAL ASSISTANCE PROVIDED BY
STATE AND LOCAL LAW ENFORCEMENT AGENCIES.
(a) The Secretary of Homeland Security shall reimburse verifiable
claims submitted by a law enforcement agency of a State, or any
political subdivision of a State, that were lawfully incurred for the
emergency medical care, housing, and care in a secure facility, and the
transportation into Federal custody at a location designated by the
Secretary, of any alien detained as inadmissible under section 212(a)
of the Immigration and Nationality Act (8 U.S.C. 1182(a)) or deportable
under section 237(a) of such Act (8 U.S.C. 1227(a)), if--
(1) transfer to Federal custody has occurred;
(2)(A) a determination is subsequently made under section
240(c)(1) of the Immigration and Nationality Act (8 U.S.C.
1229a(c)(1)) that such alien is removable; or
(B) a determination is made that the alien has permanently
departed the United States; and
(3) reimbursement for all costs excepting transportation
costs is made according to per diem rates established by the
Secretary.
(b) Per diem rates described in subparagraph (a)(3) shall be
determined after public notice and comment.
(c) In addition to funds otherwise available for such purpose,
there are authorized to be appropriated to the Department of Homeland
Security such sums as may be necessary to carry out subsection (a).
SEC. 435. EFFECTIVE DATE.
This subtitle, and the amendments made by this subtitle, shall take
effect on the date of the enactment of this Act and shall apply to
violations occurring before (except for section 434 of this Act), on,
or after such date.
TITLE V--ENHANCING ENFORCEMENT OF THE IMMIGRATION AND NATIONALITY ACT
IN THE INTERIOR
Subtitle A--Document Security
SEC. 501. SECURE TRAVEL DOCUMENTS.
(a) In General.--Section 215 (8 U.S.C. 1185) is amended--
(1) by adding at the end the following:
``(g)(1) The use by any person of any travel or identification
document designated as insecure by the Secretary of Homeland Security
(hereafter `the Secretary') for entry into or departure from the United
States at any land, sea or air port of entry, is prohibited.
``(2) The use by any alien of any travel or identification document
designated as insecure by the Secretary to identify such aliens for
purposes of transportation of persons by public or private conveyance
in interstate commerce is prohibited.
``(3) The Secretary may waive the prohibition in paragraph (1) for
citizens and legal permanent residents of the United States whose
identity has been verified by a designation or endorsement of such
status on the identification document by a state or federal government
agency.''; and
(2) in subsection (c), by adding at the end the following:
``The term `insecure travel or identification document' as used
in this section means a drivers license or identification card
issued by a state or any political subdivision thereof, or by a
consular representative or agent of a foreign government in the
United States, which appears on a list established and
maintained by the Secretary of documents which the Secretary
has determined may be issued to an alien who, on the date of
issuance of such document, is unlawfully present in the United
States after the expiration of the period of stay authorized by
the Secretary or is present in the United States without being
admitted or paroled.''.
(b) Effective Dates.--
(1) The Secretary shall issue the list of insecure
documents described in section 215(c) of the Immigration and
Nationality Act, as amended by subsection (a), not later than
60 days after the date of the enactment of this Act. Such list
shall be updated semiannually thereafter, or upon application
by any State or foreign government that has demonstrated to the
satisfaction of the Secretary that a travel or identification
document issued by such government is no longer insecure.
(2) Section 215(g)(1) of such Act, as so amended, shall
take effect 60 days after issuance of such list of insecure
documents by the Secretary.
(3) Section 215(g)(2) of such Act, as so amended, shall
take effect 90 days after the date of the enactment of this
Act.
SEC. 502. SOCIAL SECURITY CARDS.
(a) Improvements to Card.--
(1) In general.--For purposes of carrying out section 274A
of the Immigration and Nationality Act, the Commissioner of
Social Security (in this section referred to as the
``Commissioner'') shall make such improvements to the physical
design, technical specifications, and materials of the social
security account number card as are necessary to ensure that it
is a genuine official document and that it offers the best
possible security against counterfeiting, forgery, alteration,
and misuse.
(2) Performance standards.--In making the improvements
required in paragraph (1), the Commissioner shall--
(A) make the card as secure against counterfeiting
as the 100 dollar Federal Reserve note, with a rate of
counterfeit detection comparable to the 100 dollar
Federal Reserve note; and
(B) make the card as secure against fraudulent use
as a United States passport.
(3) Definition.--In this section, the term ``secured social
security account number card'' means a social security account
number card issued in accordance with the requirements of this
paragraph.
(4) Effective date.--All social security account number
cards issued after January 1, 2006, whether new or replacement,
shall be secured social security account number cards.
(b) Not a National Identification Card.--Cards issued pursuant to
this section shall not be required to be carried upon one's person, and
nothing in this section shall be construed as authorizing the
establishment of a national identification card.
(c) Education Campaign.--The Secretary of Homeland Security, in
consultation with the Commissioner of Social Security, shall conduct a
comprehensive campaign to educate employers about the security features
of the secured social security card and how to detect counterfeit or
fraudulently used social security account number cards.
(d) Annual Reports.--The Commissioner of Social Security shall
submit to Congress by July 1 of each year a report on--
(1) the progress and status of developing a secured social
security account number card under this section;
(2) the incidence of counterfeit production and fraudulent
use of social security account number cards; and
(3) the steps being taken to detect and prevent such
counterfeiting and fraud.
(e) GAO Annual Audits.--The Comptroller General of the United
States shall perform an annual audit, the results of which are to be
presented to the Congress by January 1 of each of the 5 years following
the date of the enactment of the Securing America's Future through
Enforcement Reform Act of 2003, on the performance of the Social
Security Administration in meeting the requirements in paragraph (1).
(f) Expenses.--No costs incurred in developing and issuing cards
under this section that are above the costs that would have been
incurred for cards issued in the absence of this section shall be paid
for out of any trust fund established under the Social Security Act.
There are authorized to be appropriated such sums as may be necessary
to carry out this section.
SEC. 503. CONSULAR IDENTIFICATION DOCUMENTS.
(a) Acceptance of Foreign Identification Documents.--
(1) In general.--No agency, commission, entity, or agent of
the executive or legislative branches of the federal government
may accept, acknowledge, recognize, or rely on for purposes of
personal identification any identification document issued by a
foreign government, unless otherwise mandated by Federal law.
(A) For purposes of this section, an agent shall
include:
(i) a Federal contractor or grantee;
(ii) a financial institution that is a
member of the Federal Reserve System, described
in 12 U.S.C. 321; or
(iii) an institution exempted from Federal
income taxation described in 26 U.S.C. 501.
(2) Exceptions.--
(A) A person who is not a citizen of the United
States may present for personal identification purposes
an official identification document issued by a foreign
government, or other foreign identification document
recognized by treaty, if--
(i) such noncitizen also simultaneously
presents valid verifiable documentation of
lawful presence in the United States issued by
an agency of the Federal Government;
(ii) reporting a violation of law; or
(iii) such use is expressly permitted by
Federal law.
(B) The provisions of paragraph (1) shall not apply
to inspections of alien applicants for admission to the
United States, nor to verification of personal
identification outside the United States.
(3) Listing of acceptable documents.--The United States
Department of Homeland Security shall issue, maintain in
printed and electronic media, and disseminate to the public at
no cost an updated listing, compiled in consultation with the
United States Department of State, and including sample
facsimiles, of all acceptable federal documents that satisfy
the requirements of paragraph (2)(A). Such listing may, at the
discretion of the Secretary of Homeland Security, include a
similar listing of documents establishing employment
authorization or identity under section 274A(b) of the
Immigration and Nationality Act (8 U.S.C. 1324a(b)).
(b) Section 274C of the Immigration and Nationality Act (8 U.S.C.
1324c) is amended--
(1) in subsection (a)--
(A) by redesignating paragraph (6) as paragraph
(7); and
(B) by inserting after paragraph (5) the following:
``(6) to use to establish personal identity, before any
agent of the Federal Government, or before any agency of the
Federal Government or of a State or any political subdivision
therein, a travel or identification document issued by a
foreign government that is not accepted by the Secretary of
Homeland Security to establish personal identity for purposes
of admission to the United States at a port of entry, except
where a person who is not a citizen of the United States (A)
simultaneously presents valid verifiable documentation of
lawful presence in the United States issued by an agency of the
Federal Government, or (B) is reporting a violation of law, or
(C) such use is expressly permitted by Federal law.''; and
(2) in subsection (d)--
(A) by redesignating paragraphs (2) though (7) as
paragraphs (3) through (8), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) Every complete complaint of a violation described in
subsection (a) that has been filed by an entity described in
subsection (b), or by a private party aggrieved by such
violation, shall be promptly investigated. The Secretary of
Homeland Security shall issue a cease and desist order with
money penalty in each case determined after investigation to
constitute a violation under subsection (a).''.
(c) Qualified Immunity.--Actions taken in violation of subsections
(a) of this section, or section 274C of the Immigration and Nationality
Act (8 U.S.C. 1324c), as amended by subsection (b), shall be deemed
outside the official capacity of the elected official or officer,
employee, or agent of a Federal agency so acting.
Subtitle B--Employment Eligibility Verification
SEC. 511. EMPLOYMENT ELIGIBILITY VERIFICATION PROCESS AND ELIMINATION
OF EXAMINATION OF DOCUMENTATION REQUIREMENT.
(a) In General.--Section 274A (8 U.S.C. 1324a) is amended--
(1) in subsection (a)(1)(A), by striking ``for a fee'';
(2) in subsection (a)(3)--
(A) by inserting ``(A)'' after
``Defense.--''; and
(B) by adding at the end the following:
``(B) Failure to seek and obtain verification.--In the case
of a hiring of an individual for employment in the United
States by a person or entity, the following requirements apply:
``(i) Failure to seek verification.--
``(I) In general.--If the person or entity
has not made an inquiry, under the mechanism
established under subsection (b)(4), seeking
verification of the identity, social security
number, and work eligibility of the individual,
by not later than the end of 3 working days (as
specified by the Secretary of Homeland
Security) after the date of the hiring, the
defense under subparagraph (A) shall not be
considered to apply with respect to any
employment after such 3 working days, except as
provided in subclause (II).
``(II) Special rule for failure of
verification mechanism.--If such a person or
entity in good faith attempts to make an
inquiry during such 3 working days in order to
qualify for the defense under subparagraph (A)
and the verification mechanism has registered
that not all inquiries were responded to during
such time, the person or entity can make an
inquiry until the end of the first subsequent
working day in which the verification mechanism
registers no nonresponses and qualify for such defense.
``(ii) Failure to obtain verification.--If the
person or entity has made the inquiry described in
clause (i)(I) but has not received an appropriate
verification of such identity, number, and work
eligibility under such mechanism within the time period
specified under subsection (b)(4)(B) after the time the
verification inquiry was received, the defense under
subparagraph (A) shall not be considered to apply with
respect to any employment after the end of such time
period.'';
(3) in subsection (b)(1)--
(A) by amending the paragraph heading to read as
follows:
``(1) Attestation.--''; and
(B) by amending subparagraph (A) to read as
follows:
``(A) In general.--The person or entity must
attest, under penalty of perjury and on a form
designated or established by the Secretary of Homeland
Security by regulation, that it has verified that the
individual is not an unauthorized alien by obtaining
from the individual the individual's social security
account number and recording the number on the form (if
the individual claims to have been issued such a
number), and, if the individual does not attest to
United States citizenship under paragraph (2),
obtaining such identification or authorization number
established by the Department of Homeland Security for
the alien as the Secretary may specify, and recording
such number on the form.'';
(4) in subsection (b)(2), by adding at the end the
following: ``The individual must also provide that individual's
social security account number (if the individual claims to
have been issued such a number), and, if the individual does
not attest to United States citizenship under this paragraph,
such identification or authorization number established by the
Department of Homeland Security for the alien as the Secretary
of Homeland Security may specify.''; and
(5) by amending subsection (b)(3) to read as follows:
``(3) Retention of verification form and verification.--
``(A) In general.--After completion of such form in
accordance with paragraphs (1) and (2), the person or
entity must--
``(i) retain the form and make it available
for inspection by officers of the Department of
Homeland Security, the Special Counsel for
Immigration-Related Unfair Employment
Practices, or the Department of Labor during a
period beginning on the date of the hiring,
recruiting, or referral of the individual and
ending--
``(I) in the case of the recruiting
or referral for a fee (without hiring)
of an individual, three years after the
date of the recruiting or referral; and
``(II) in the case of the hiring of
an individual, the later of--
``(aa) three years after
the date of such hiring; or
``(bb) one year after the
date the individual's
employment is terminated; and
``(ii) make an inquiry, as provided in
paragraph (4), using the verification system to
seek verification of the identity and
employment eligibility of an individual, by not
later than the end of 3 working days (as
specified by the Secretary of Homeland
Security) after the date of the hiring (or
recruitment or referral, as the case may be).
``(B) Verification.--
``(i) Verification received.--If the person
or other entity receives an appropriate
verification of an individual's identity and
work eligibility under the verification system
within the time period specified, the person or
entity shall record on the form an appropriate
code that is provided under the system and that
indicates a final verification of such identity
and work eligibility of the individual.
``(ii) Tentative nonverification
received.--If the person or other entity
receives a tentative nonverification of an
individual's identity or work eligibility under
the verification system within the time period
specified, the person or entity shall so inform
the individual for whom the verification is
sought. If the individual does not contest the
nonverification within the time period
specified, the nonverification shall be
considered final. The person or entity shall
then record on the form an appropriate code
which has been provided under the system to
indicate a tentative nonverification. If the
individual does contest the nonverification,
the individual shall utilize the process for
secondary verification provided under paragraph
(4). The nonverification will remain tentative
until a final verification or nonverification
is provided by the verification system within
the time period specified. In no case shall an
employer terminate employment of an individual
because of a failure of the individual to have
identity and work eligibility confirmed under
this section until a nonverification becomes
final. Nothing in this clause shall apply to a
termination of employment for any reason other
than because of such a failure.
``(iii) Final verification or
nonverification received.--If a final
verification or nonverification is provided by
the verification system regarding an
individual, the person or entity shall record
on the form an appropriate code that is
provided under the system and that indicates a
verification or nonverification of identity and
work eligibility of the individual.
``(iv) Extension of time.--If the person or
other entity in good faith attempts to make an
inquiry during such 3 working days and the
verification system has registered that not all
inquiries were received during such time, the
person or entity may make an inquiry in the
first subsequent working day in which the
verification system registers that it has
received all inquiries. If the verification
system cannot receive inquiries at all times
during a day, the person or entity merely has
to assert that the entity attempted to make the
inquiry on that day for the previous sentence
to apply to such an inquiry, and does not have
to provide any additional proof concerning such
inquiry.
``(v) Consequences of nonverification.--If
the person or other entity has received a final
nonverification regarding an individual, the person or entity shall
terminate employment (or recruitment or referral) of the individual.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect 2 years after the date of the enactment of this Act.
Retention of form requirements under section 274A(b)(3) of the
Immigration and Nationality Act, as in effect before such effective
date, shall remain in effect as if this section had not been enacted
for forms completed before such effective date.
SEC. 512. EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM.
(a) In General.-- Section 274A(b)(4) (8 U.S.C. 1324a(b)(4)) is
amended to read as follows:
``(4) Employment eligibility verification system.--
``(A) In general.--The Secretary of Homeland
Security shall establish a verification system through
which the Secretary (or a designee of the Secretary,
which may be a nongovernmental entity)--
``(i) responds to inquiries made by persons
at any time through a toll-free telephone line
or other toll-free electronic media concerning
an individual's identity and whether the
individual is authorized to be employed; and
``(ii) maintains records of the inquiries
that were made, of verifications provided (or
not provided), and of the codes provided to
inquirers as evidence of their compliance with
their obligations under this section.
To the extent practicable, the Secretary shall seek to
establish such a system using one or more
nongovernmental entities.
``(B) Initial response.--The verification system
shall provide verification or a tentative
nonverification of an individual's identity and
employment eligibility within 3 working days of the
initial inquiry. If providing verification or tentative
nonverification, the verification system shall provide
an appropriate code indicating such verification or
such nonverification.
``(C) Secondary verification process in case of
tentative nonverification.--In cases of tentative
nonverification, the Secretary of Homeland Security
shall specify, in consultation with the Commissioner of
Social Security, an available secondary verification
process to confirm the validity of information provided
and to provide a final verification or nonverification
within 7 working days after the date of the tentative
nonverification. When final verification or
nonverification is provided, the verification system
shall provide an appropriate code indicating such
verification or nonverification.
``(D) Design and operation of system.--The
verification system shall be designed and operated--
``(i) to maximize its reliability and ease
of use by persons and other entities consistent
with insulating and protecting the privacy and
security of the underlying information;
``(ii) to respond to all inquiries made by
such persons and entities on whether
individuals are authorized to be employed and
to register all times when such inquiries are
not received;
``(iii) with appropriate administrative,
technical, and physical safeguards to prevent
unauthorized disclosure of personal
information; and
``(iv) to have reasonable safeguards
against the system's resulting in unlawful
discriminatory practices based on national
origin or citizenship status, including--
``(I) the selective or unauthorized
use of the system to verify
eligibility;
``(II) the use of the system prior
to an offer of employment; or
``(III) the exclusion of certain
individuals from consideration for
employment as a result of a perceived
likelihood that additional verification
will be required, beyond what is
required for most job applicants.
``(E) Responsibilities of the commissioner of
social security.--As part of the verification system,
the Commissioner of Social Security, in consultation
with the entity responsible for administration of the
system, shall establish a reliable, secure method,
which, within the time periods specified under
subparagraphs (B) and (C), verifies, for each
individual whose identity and employment eligibility
must be confirmed under this section, the individual's
name and social security account number, the
correspondence of the name and number, and whether the
social security number presented is valid for
employment. The Commissioner shall not disclose or
release social security information (other than such
verification or nonverification). If, in carrying out
this subparagraph, the Commissioner becomes aware of a
suspicious pattern of use of a social security account
number, the Commissioner shall investigate such
suspicious pattern, or shall notify the Secretary of
Homeland Security of it. Nothing in the Social Security
Act or any other provision of law shall be construed to
prevent the Commissioner from so notifying the
Secretary. Upon receipt of such notification, the
Secretary shall investigate in lieu of the
Commissioner.
``(F) Responsibilities of the secretary of homeland
security.--As part of the verification system, the
Secretary of Homeland Security, in consultation with
the entity responsible for administration of the
system, shall establish a reliable, secure method,
which, within the time periods specified under
subparagraphs (B) and (C), compares the name and alien
identification or authorization number which are
provided in an inquiry against such information
maintained by the Secretary in order to validate (or
not validate) the information provided, the
correspondence of the name and number, and whether the
alien is authorized to be employed in the United
States.
``(G) Updating information.--The Commissioner of
Social Security and the Secretary of Homeland Security
shall update their information in a manner that
promotes the maximum accuracy and shall provide a
process for the prompt correction of erroneous
information, including instances in which it is brought
to their attention in the secondary verification
process described in subparagraph (C).
``(H) Limitation on use of the verification system
and any related systems.--Nothing in this paragraph
shall be construed to authorize, directly or
indirectly, the issuance or use of national
identification cards or the establishment of a national
identification card.
``(I) Federal tort claims act.--If an individual
alleges that the individual would not have been
dismissed from a job but for an error of the
verification mechanism, the individual may seek compensation only
through the mechanism of the Federal Tort Claims Act, and injunctive
relief to correct such error. No class action may be brought under this
subparagraph.
``(J) Protection from liability for actions taken
on the basis of information.--No person or entity shall
be civilly or criminally liable for any action taken in
good faith reliance on information provided through the
employment eligibility verification mechanism
established under this paragraph.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect 2 years after the date of the enactment of this Act.
SEC. 513. NOTIFICATION BY COMMISSIONER OF FAILURE TO CORRECT SOCIAL
SECURITY INFORMATION.
The Commissioner of Social Security shall promptly notify the
Secretary of Homeland Security of the failure of any individual to
provide, upon any request of the Commissioner made pursuant to section
205(c)(2) of the Social Security Act (42 U.S.C. 405(c)(2)), evidence
necessary, under such section--
(1) to establish the age, citizenship, or alien status of
the individual;
(2) to establish such individual's true identity; or
(3) to determine which (if any) social security account
number has previously been assigned to such individual.
SEC. 514. PROTECTION FOR INDIVIDUALS REPORTING IMMIGRATION LAW
VIOLATIONS.
Section 274B(A)(5) of the Immigration and Nationality Act (8 U.S.C.
1324b(A)(5)) is amended by adding at the end the following:
``Notwithstanding any other provision of law, the rights protected by
this paragraph include the right of any individual to report a
violation or suspected violation of any immigration law to the
Department of Homeland Security or a law enforcement agency.''.
Subtitle C--Miscellaneous
SEC. 521. INCREASED INVESTIGATIVE PERSONNEL.
(a) Bringing In and Harboring Certain Aliens; Unlawful Employment
of Aliens.--
(1) Authorization of appropriations.--There are authorized
to be appropriated such funds as may be necessary to enable the
Secretary of Homeland Security to increase, above the number
specified in section 101(a)(2) of the Enhanced Border Security
and Visa Entry Reform Act of 2002 (Public Law 107-173), the
number of investigators and support personnel to investigate
potential violations of sections 274 and 274A of the
Immigration and Nationality Act (8 U.S.C. 1324 and 1324a),
other than alien smuggling, by a number equivalent to--
(A) 250 full-time active-duty investigators in each
of fiscal years 2004 through 2007; and
(B) 100 full-time active-duty investigators in each
of fiscal years 2008 through 2011.
(2) Allocation.--At least one-half of the investigators
hired with funds made available under paragraph (1) shall be
assigned to investigate potential violations of section 274A of
the Immigration and Nationality Act.
(b) Visa Overstays.--There are authorized to be appropriated such
funds as may be necessary to enable the Secretary of Homeland Security
to increase, above the number specified in section 101(a)(2) of the
Enhanced Border Security and Visa Entry Reform Act of 2002 (Public Law
107-173), the number of investigator and support personnel to
investigate aliens who remain in the United States beyond the period of
stay authorized under their visa by a number equivalent to--
(1) 250 full-time active-duty investigators in each of
fiscal years 2004 through 2007; and
(2) 100 full-time active-duty investigators in each of
fiscal years 2008 through 2011.
SEC. 522. EXPEDITED EXCLUSION.
Section 235(b)(1)(A) (8 U.S.C. 1225(b)(1)(A)) is amended by
striking clauses (i) through (iii) and inserting the following:
``(i) In general.--If an immigration
officer determines that an alien (other than an
alien described in subparagraph (F)) who is
arriving in the United States, or who has not
been admitted or paroled into the United States
and has not been physically present in the
United States continuously for the 5-year
period immediately prior to the date of the
determination of inadmissibility under this
paragraph, is inadmissible under section
212(a)(6)(C) or 212(a)(7), the officer shall
order the alien removed from the United States
without further hearing or review, unless--
``(I) the alien has been charged
with a crime; or
``(II) the alien indicates an
intention to apply for asylum under
section 208 or a fear of persecution
and the officer determines that the
alien has been physically present in
the United States for less than 1 year.
``(ii) Claims for asylum.--If an
immigration officer determines that an alien
(other than an alien described in subparagraph
(F)) who is arriving in the United States, or
who has not been admitted or paroled into the
United States and has not been physically
present in the United States continuously for
the 5-year period immediately prior to the date
of the determination of inadmissibility under
this paragraph, is inadmissible under section
212(a)(6)(C) or 212(a)(7), and the alien
indicates either an intention to apply for
asylum under section 208 or a fear of
persecution, the officer shall refer the alien
for an interview by an asylum officer under
subparagraph (B) if the officer determines that
the alien has been physically present in the
United States for less than 1 year.''.
SEC. 523. ADJUSTMENT OF STATUS FOR CERTAIN ALIENS.
(a) Ineligibility for Adjustment of Status.--Section 245(c) (8
U.S.C. 1255(c)) is amended by striking ``(other than an immediate
relative as defined in section 201(b) or a special immigrant described
in section 101(a)(27)(H), (I), (J), or (K))''.
(b) Inapplicability of Certain Provisions for Certain Immigrants.--
Section 245(k) (8 U.S.C. 1255(k)) is amended to read as follows:
``(k) Inapplicability of Certain Provisions for Certain
Immigrants.--An alien who is eligible to receive an immigrant visa
under paragraph (1), (2), or (3) of section 203(b), as an immediate
relative as defined in section 201(b), or, in the case of an alien who
is an immigrant described in subparagraph (C), (H), (I), (J), or (K) of
section 101(a)(27), under section 203(b)(4), may adjust status pursuant
to subsection (a) and notwithstanding paragraphs (2), (7), and (8) of
subsection (c), if--
``(1) the alien, on the date of filing an application for
adjustment of status, is present in the United States pursuant
to a lawful admission; and
``(2) the alien, subsequent to such lawful admission has
not, for an aggregate period exceeding 180 days--
``(A) failed to maintain continuously a lawful
status;
``(B) engaged in unauthorized employment; or
``(C) otherwise violated the terms and conditions
of the alien's admission.''.
SEC. 524. TERMINATION OF CONTINUOUS PRESENCE FOR PURPOSES OF
CANCELLATION OF REMOVAL UPON COMMISSION OF OFFENSE
RENDERING ALIEN INADMISSIBLE OR DEPORTABLE.
(a) In General.--Section 240A(d)(1) (8 U.S.C. 1229b(d)(1)) is
amended by striking ``referred to in section 212(a)(2)''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to aliens who are in proceedings under the Immigration and
Nationality Act on or after the date of the enactment of this Act if
those proceedings have not resulted in a final administrative order
before such date.
SEC. 525. REENTRY OF REMOVED ALIENS.
(a) In General.--Section 276(a) (8 U.S.C. 1326(a)) is amended to
read as follows:
``Sec. 276. (a) Subject to subsection (b), any alien shall be fined
under title 18, United States Code, or imprisoned not more than 2
years, or both, 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
``(2) thereafter enters, attempts to enter, or is at any
time found in, the United States,
unless, in the case of an alien previously denied admission and
removed, the alien establishes that the alien was not required to
obtain from the Secretary of Homeland Security advance consent to
reapply for admission under this Act or any prior Act.''.
(b) Criminal Penalties for Reentry of Certain Removed Aliens.--
Section 276(b) (8 U.S.C. 1326(b)) is amended--
(1) in paragraph (3), by striking ``sentence.'' and
inserting ``sentence;''; and
(2) in paragraph (4), by striking ``(unless the Secretary
of Homeland Security has expressly consented to such alien's
reentry)''.
(c) Reentry of Aliens Removed Prior to Completion of
Imprisonment.--Section 276(c) (8 U.S.C. 1326(c)) is amended--
(1) by inserting ``(as in effect prior to the effective
date of the amendments made by section 305 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996),
or removed under section 241(a)(4),'' after ``242(h)(2)'';
(2) by striking ``(unless the Secretary of Homeland
Security has expressly consented to such alien's reentry)'';
(3) by inserting ``or removal'' after ``time of
deportation''; and
(4) by inserting ``or removed'' after ``reentry of
deported''.
(d) Challenge to Validity of Order.--Section 276(d) (8 U.S.C.
1326(d)) is amended--
(1) in the matter preceding paragraph (1), by striking
``deportation order'' and inserting ``deportation or removal
order''; and
(2) in paragraph (2), by inserting ``or removal'' after
``deportation''.
(e) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall apply to
criminal proceedings involving aliens who enter, attempt to enter, or
are found in the United States, after such date.
SEC. 526. CRIMINAL AND CIVIL PENALTIES FOR ENTRY OF ALIENS AT IMPROPER
TIME OR PLACE, AVOIDANCE OF EXAMINATION OR INSPECTION,
UNLAWFUL PRESENCE, AND MISREPRESENTATION OR CONCEALMENT
OF FACTS.
Section 275 (8 U.S.C. 1325) is amended to read as follows:
``criminal and civil penalties for entry of aliens at improper time or
place, avoidance of examination or inspection, unlawful presence, and
misrepresentation or concealment of facts
``Sec. 275. (a) Entry at Improper Time or Place; Avoidance of
Examination or Inspection; Unlawful Presence; Misrepresentation or
Concealment of Facts.--Any alien who--
``(1) enters or attempts to enter the United States at any
time or place other than as designated by immigration officers;
``(2) eludes examination or inspection by immigration
officers;
``(3) is knowingly unlawfully present in the United States
for an aggregate period of more than 180 days; or
``(4) 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 2 years, or
both, and, for a subsequent commission of any such offense, be fined
under title 18, United States Code, or imprisoned not more than 10
years, or both.
``(b) Improper Time or Place; Civil Penalties.--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 $100 and not more than $10,000 for each such
entry (or attempted entry); or
``(2) three times 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) Marriage Fraud.--An individual who knowingly enters into a
marriage for the purpose of evading any provision of the immigration
laws shall be fined not more than $1,000,000, imprisoned not more than
15 years, or both.
``(d) Immigration-Related Entrepreneurship Fraud.--Any individual
who knowingly established a commercial enterprise for the purpose of
evading any provision of the immigration laws shall be fined under
title 18, United States Code, or imprisoned not more than 15 years, or
both.''.
SEC. 527. COMMUNICATION BETWEEN GOVERNMENT AGENCIES AND THE DEPARTMENT
OF HOMELAND SECURITY.
Section 642 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1373) is amended by adding at the
end the following:
``(d) Enforcement.--
``(1) Ineligibility for federal law enforcement aid.--Upon
a determination that any person, or any Federal, State, or
local government agency or entity, is in violation of
subsection (a) or (b), the Attorney General shall not provide
to that person, agency, or entity any grant amount pursuant to
any law enforcement grant program carried out by any element of
the Department of Justice, including the program under section
241(i) of the Immigration and Nationality Act (8 U.S.C.
241(i)), or pursuant to any grant program authorized under
title I of the Housing and Community Development Act of 1974 (42 U.S.C.
5301 et seq.), and shall ensure that no such grant amounts are
provided, directly or indirectly, to such person, agency, or entity. In
the case of grant amounts that otherwise would be provided to such
person, agency, or entity pursuant to a formula, such amounts shall be
reallocated among eligible recipients.
``(2) Violations by government officials.--In any case in
which a Federal, State, or local government official is in
violation of subsection (a) or (b), the government agency or
entity that employs (or, at the time of the violation,
employed) the official shall be subject to the sanction under
paragraph (1).
``(3) Duration.--The sanction under paragraph (1) shall
remain in effect until the Secretary of Homeland Security
determines that the person, agency, or entity has ceased
violating subsections (a) and (b).''.
SEC. 528. EXCEPTION TO REMOVAL FOR CERTAIN ALIENS.
(a)(1) Section 214(o) (8 U.S.C. 1184(o)) (as redesignated by
section 204 of this Act) is amended by adding at the end the following
new paragraph:
``(4) No alien shall be eligible for admission to the United States
under section 101(a)(15)(T) if there is a substantial reason to believe
that the alien voluntarily came to the United States, except that if
the alien is or has been a victim of a severe form of trafficking in
the form of sex trafficking, the alien shall be eligible for admission
under such section unless the alien knew or reasonably should have
known when coming to the United States that the alien would be expected
to perform commercial sex acts.''.
(2) Section 245(l) (8 U.S.C. 1255(l)), as added by section 107(f)
of Public Law 106-386, is amended--
(A) in paragraph (1)(C)(i), by striking ``or'' at the end
and inserting ``and'';
(B) by redesignating--
(i) paragraphs (3) and (4) as paragraphs (4) and
(5), respectively; and
(ii) the second paragraph (2) as paragraph (3);
(C) in paragraph (2)(B), by striking ``(3), (10)(C), and
(10(E)), if the activities rendering the alien inadmissible
under the provision were caused by, or were incident to,'' and
inserting ``(2), (3), (8), (9)(A), (10)(C), (10)(D), and
(10)(E)), if the activities rendering the alien inadmissible
under the provision were caused by''; and
(D) by amending paragraph (5) (as so redesignated) to read
as follows:
``(5) Upon the approval of adjustment of status under paragraph
(1), the Secretary of Homeland Security shall record the alien's lawful
admission for permanent residence as of the date of such approval and
the Secretary of State shall reduce by one the number of visas
authorized to be issued under sections 201(d) and 203(b)(4) for the
fiscal year then current, unless the number of remaining visas
authorized to be issued under section 203(b)(4) for such year is zero,
in which case such reductions shall not be made.''.
(b)(1) Section 101(a)(15)(U)(iii) (8 U.S.C. 1101(a)(15)(U)(iii)) is
amended to read as follows:
``(iii) the criminal activity referred to in this clause is
that involving 1 or more of the following or any similar
activity in violation of Federal, State, or local criminal law:
rape; incest; domestic violence, sexual assault; abusive sexual
contact; sexual exploitation; female genital mutilation; or
attempt or conspiracy to commit any of the above mentioned
crimes; or''.
(2) Section 204(a)(1)(C) (8 U.S.C. 1154(a)(1)(C)) is amended by
inserting ``directly'' before ``connected''.
(3) Section 214(p)(1) (8 U.S.C. 1184(p)(1)) (as redesignated by
section 204 of this Act) is amended by striking ``This certification
may also be provided by an official of the Department of Homeland
Security whose ability to provide such certification is not limited to
information concerning immigration violations.''.
(4) Section 237(a)(1)(H) (8 U.S.C. 1227(a)(1)(H)) is amended--
(A) by striking clause (ii);
(B) in clause (i), by striking ``(I)''; and
(C) by redesignating subclause (II) as clause (ii).
(5) Section 240A (8 U.S.C. 1229b) is amended--
(A) in subsection (b)(2)(A)(ii), by striking ``, and the
issuance of a charging document for removal proceedings shall
not toll the 3-year period of continuous physical presence in
the United States'';
(B) by amending subsection (b)(2)(A)(iv) to read as
follows:
``(iv) the alien is not inadmissible under
paragraph (2), (3), (8), (9)(A), (10)(C),
(10)(D), or (10)(E) of section 212(a), is not
deportable under paragraph (1)(E), (1)(G), or
(2) through (4) of section 237(a) (except in a
case described in section 237(a)(7) where the
Secretary of Homeland Security exercises
discretion to grant a waiver), and has not been
convicted of an aggravated felony; and''; and
(C) in subsection (b)(2)(B)--
(i) by inserting ``direct'' before ``connection
between the absence'';
(ii) by inserting ``directly'' before ``connected
to the battering or extreme''; and
(iii) in the third sentence, by inserting ``battery
or cruelty-related'' before ``absences or portions of
the absences'';
(iv) in subsection (b)(2)(C), by inserting
``directly'' before ``connected'';
(v) in subsection (b)(4)(A), by striking ``shall''
and inserting ``may''; and
(vi) in subsection (d)(1), by striking ``except in
the case of an alien who applies for cancellation of
removal under subsection (b)(2),''.
(6) Section 245 (8 U.S.C. 1255) is amended by redesignating the
subsection (l) that was added by section 1513(f) of Public Law 106-386
as subsection (m) and in such redesignated subsection--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by
striking ``section 212(a)(3)(E), unless the Attorney
General determines based on affirmative evidence'' and
inserting ``paragraph (2), (3), (8), (9)(A), (10)(C),
(10)(D), or (10)(E) of section 212(a), unless the
Attorney General determines'';
(ii) by striking ``and'' at the end of subparagraph
(A);
(iii) by striking subparagraph (B) and inserting
the following:
``(B) the alien has, throughout such period, been a person
of good moral character; and
``(C) in the opinion of the Secretary of Homeland Security,
the alien or the alien's spouse, parent, or child, who is a
citizen of the United States or an alien lawfully admitted for
permanent residence, would suffer extreme hardship.'';
(B) in paragraph (2), by striking ``or unless an official
involved in the investigation or prosecution certifies that the
absence was otherwise justified''; and
(C) by amending paragraph (4) to read as follows:
``(4) Upon the approval of adjustment of status under paragraph (1)
or (3), the Secretary of Homeland Security shall record the alien's
lawful admission for permanent residence as of the date of such
approval and the Secretary of State shall reduce by one the number of
visas authorized to be issued under sections 201(d) and 203(b)(4) for
the fiscal year then current, unless the number of remaining visas
authorized to be issued under section 203(b)(4) for such year is zero,
in which case such reductions shall not be made.''.
SEC. 529. DETENTION FACILITIES.
(a) Increasing Number of Detention Beds.--Subject to the
availability of appropriations, the Secretary of Homeland Security
shall provide for a doubling in the detention beds of the Department of
Homeland Security over the number existing on the date of the enactment
of this Act by the end of fiscal year 2005.
(b) Places of Detention for Aliens Arrested Pending Examination and
Decision on Removal.--Section 241(g) (8 U.S.C. 1231(g)) is amended by
adding at the end the following:
``(3) Policy on detention in state and local detention
facilities.--In carrying out paragraph (1), the Secretary of
Homeland Security shall ensure that an alien arrested under
section 287(a) may be detained, pending the alien's being taken
for the examination described in such section, in a State or
local prison, jail, detention center, or other comparable
facility, if--
``(A) such facility is the most suitably located
Federal, State, or local facility available for such
purpose under the circumstances;
``(B) an appropriate arrangement for such use of
the facility can be made; and
``(C) such facility satisfies the standards for the
housing, care, and security of persons held in custody
of a United States marshal.''.
SEC. 530. VOLUNTARY DEPARTURE.
(a) In General.--Section 240B (8 U.S.C. 1229c) is amended to read
as follows:
``voluntary departure
``Sec. 240B. (a) In Lieu of Proceedings.--The Secretary of Homeland
Security 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 and in lieu of applying for another
form of relief from removal, if the alien is not deportable under
paragraph (2)(A)(iii) or (4)(B) of section 237(a). Permission to depart
voluntarily under this subsection shall not be valid for a period
exceeding 90 days and cannot be extended. The Secretary of Homeland
Security shall require an alien permitted to depart voluntarily under
this subsection to 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.
``(b) Prior to Scheduling Merits Hearing.--The Secretary of
Homeland Security may permit an alien voluntarily to depart the United
States at the alien's own expense under this subsection prior to the
scheduling of the first merits hearing, in lieu of applying for another
form of relief from removal, if the alien is not deportable under
paragraph (2)(A)(iii) or (4)(B) of section 237(a). Permission to depart
voluntarily under this subsection shall not be valid for a period
exceeding 60 days and cannot be extended. The Secretary shall require
an alien permitted to depart voluntarily under this subsection to 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.
``(c) Once First Merits Hearing Scheduled.--
``(1) In general.--Once the first merits hearing has been
scheduled under section 240, the Secretary of Homeland Security
may permit an alien voluntarily to depart the United States at
the alien's own expense under this subsection, in lieu of
pursuing another form of relief from removal, if the
immigration judge enters an order granting voluntary departure
in lieu of removal and finds that--
``(A) the alien has been physically present in the
United States for a period of at least one year
immediately preceding the date the notice to appear was
served under section 239(a);
``(B) the alien is, and has been, a person of good
moral character for at least 5 years immediately
preceding the alien's application for voluntary
departure;
``(C) the alien is not deportable under paragraph
(2)(A)(iii) or (4)(B) of section 237(a); and
``(D) the alien has established by clear and
convincing evidence that the alien has the means to
depart the United States and intends to do so.
``(2) Period.--Permission to depart voluntarily under this
subsection shall not be valid for a period exceeding 30 days
and cannot be extended.
``(3) Bond.--The Secretary of Homeland Security shall
require an alien permitted to depart voluntarily under this
subsection to 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.
``(d) Aliens Not Eligible.--The Secretary of Homeland Security
shall not permit an alien to depart voluntarily under this section if
the alien was previously permitted to depart voluntarily under section
244(e) or this section, or to voluntarily return, at any time.
``(e) Civil Penalty for Failure To Depart.--If an alien is
permitted to depart voluntarily under this section and fails
voluntarily to depart the United States within the time period
specified, the alien shall be subject to a civil penalty of not less
than $1,000 and not more than $5,000, and be ineligible for a period of
10 years 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.
``(f) Additional Conditions.--The Secretary of Homeland Security
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.
``(g) 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, subsections (a) through
(c) 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).
``(h) Review.--There shall be no administrative or judicial review
of a denial of a request for an order of voluntary departure. No court
or agency shall order a stay of an alien's removal pending
consideration of any claim with respect to voluntary departure. The
order permitting the alien to depart voluntarily shall inform the alien
that the alien has no right to appeal any issue relating to the removal
proceeding.''.
(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
aliens who are in proceedings under the Immigration and Nationality Act
on or after such date if those proceedings have not resulted in a final
administrative order before such date.
SEC. 531. CANCELLATION OF REMOVAL.
Section 240(A)(c) is amended by adding at the end the following:
``(7) An alien who is inadmissible under section
212(a)(9)(B)(i).''.
SEC. 532. EXPEDITED REMOVAL OF CRIMINAL ALIENS.
(a) In General.--Section 238 (8 U.S.C. 1228) is amended--
(1) by amending the section heading to read as follows:
``expedited removal of criminal aliens'';
(2) in subsection (a), by amending the subsection heading
to read as follows: ``Expedited Removal from Correctional
Facilities.--'';
(3) in subsection (b), by amending the subsection heading
to read as follows: ``Removal of Criminal Aliens.--'';
(4) in subsection (b), by striking paragraphs (1) and (2)
and inserting the following:
``(1) In general.-- The Secretary may, in the case of an
alien described in paragraph (2), determine the deportability
of such alien and issue an order of removal pursuant to the
procedures set forth in this subsection or section 240.
``(2) Aliens described.-- An alien is described in this
paragraph if the alien, whether or not admitted into the United
States, was convicted of any criminal offense described in
subparagraph (A)(iii), (C), or (D) of section 237(a)(2).'';
(5) in the first subsection (c) (relating to presumption of
deportability), by striking ``convicted of an aggravated
felony'' and inserting ``described in paragraph (b)(2)'';
(6) by redesignating the second subsection (c) (relating to
judicial removal) as subsection (d); and
(7) in subsection (d)(5) (as so redesignated), and by
striking ``, who is deportable under this Act,''.
(b) Limit on Injunctive Relief.--Section 242(f)(2) (8 U.S.C.
1252(f)(2)) is amended by inserting ``or stay, whether temporarily or
otherwise,'' after ``enjoin''.
SEC. 533. SUBJECT TO THE JURISDICTION DEFINED.
Section 101(c) (8 U.S.C. 1101(c)) is amended by adding at the end
the following:
``(3) The term `subject to the jurisdiction of the United
States' means that, at the time of birth in the United States,
the mother or the father of the child, excluding aliens
classified under subparagraph (A) or (G) of section 101(a)(15),
resided lawfully therein.''.
SEC. 534. CLAIMS FOR SERVICES PERFORMED BY UNAUTHORIZED ALIENS.
Title II (8 U.S.C. 1151 et seq.) is amended by inserting after
section 271 the following:
``claims arising from services of aliens without work authorization
``Sec. 271A. (a) In General.--It shall be unlawful for any person,
entity or enterprise, including any employer, contractor, employee, or
independent contractor, to claim any deduction, credit, benefit,
subsidy, rebate, grant or other payment otherwise authorized by any
provision of the United States Code, including the Internal Revenue
Code, derived from compensation in any form for labor or personal
services provided in the United States that was paid to or on behalf of
a person, knowingly or in reckless disregard of the fact that such
person was, at the time such labor or services were performed, an
unauthorized alien (as defined in section 274A(h)(3)).
``(b) Enforcement.--
``(1) Where any claim described in subsection (a) made by a
person, entity, or enterprise amount in aggregate to $50,000 or
more, a right of action shall exist for a State or local
government agency or a private party to recover such sums on
behalf of the United States.
``(2) A complaint described in subparagraph (i) shall be
made in writing under oath or affirmation to the Chief
Administrative Hearing Officer of the Executive Office for
Immigration Review.
``(3) No complaint may be filed in which all alleged
violations occurred more than two years prior to the filing of
the complaint.
``(4) A prevailing private party acting on behalf of the
United States shall be awarded 25 percent from any sums
recovered.
``(5) Adjudication of a complaint shall proceed under the
provisions of the Administrative Procedure Act (5 U.S.C. 551 et
seq.).
``(6) The administrative law judge may grant the prevailing
party reasonable attorney's fees if the judge determines that
the opposing party's argument was without reasonable basis in
law and fact.''.
SEC. 535. RESTRICTION ON WARRANTLESS ENTRY.
(a) In General.--Sction 287(e) (8 U.S.C. 1357(e)) is amended by
inserting ``that is an active participant in an employment verification
system approved by the Secretary of Homeland Security'' after ``farm or
other outdoor agricultural operation''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date described in section 511(b).
TITLE VI--ELIMINATING EXCESSIVE REVIEW AND DILATORY AND ABUSIVE TACTICS
BY ALIENS IN REMOVAL PROCEEDINGS
SEC. 601. FRIVOLOUS APPLICATIONS.
(a) In General.--Paragraph (6) of section 208(d) (8 U.S.C. 1158(d))
is amended by adding at the end the following new sentence: ``As used
in this section, the term `frivolous application' means an application
that lacks a reasonably arguable basis either in law or in fact. If an
alien withdraws an application for asylum and pursues another benefit
or form of relief under this Act, the alien shall bear the burden of
proving by clear and convincing evidence, in the adjudication
respecting such other benefit or form of relief, that such asylum
application was not a frivolous application. If the alien fails to
carry such burden, the alien shall be permanently ineligible for any
benefit under this Act.''.
(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
applications for asylum pending on or after such date if the
application has not resulted in a final administrative order before
such date.
SEC. 602. CONTINUANCES; CHANGE OF VENUE.
(a) In General.--Section 240(b)(1) (8 U.S.C. 1229a(b)(1)) is
amended by adding at the end the following:
``The immigration judge may not grant a continuance to permit
an alien to become eligible for relief under any provision of
law. In proceedings under this section or under section 236,
the immigration judge may not grant a change of venue for an
alien who has not been inspected and admitted or paroled into
the United States. For all other aliens, the immigration judge
may grant a change of venue only if the alien demonstrates that
the alien cannot obtain a fair proceeding in the current
venue.''.
(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
continuances and changes of venue sought after such date.
SEC. 603. BURDEN OF PROOF IN ASYLUM PROCEEDINGS.
(a) In General.--Section 208(b)(1) (8 U.S.C. 1158(b)(1)) is
amended--
(1) by striking ``(1) In general.--The Attorney General''
and inserting the following:
``(1) If alien is a refugee.--
``(A) In general.--The Secretary of Homeland
Security or the Attorney General''; and
(2) by adding at the end the following:
``(B) Burden of proof.--The burden of proof is on
the applicant for asylum to establish that he or she is
a refugee within the meaning of section 101(a)(42). The
testimony of the applicant, if credible, may be
sufficient to sustain such burden without
corroboration. Where it is reasonable to expect
corroborating evidence for certain alleged facts
pertaining to the specifics of an alien's claim for
asylum, such evidence must be provided unless a
reasonable explanation is given as to why such
information is not presented.''.
(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
applications for asylum pending on or after such date if the
application has not resulted in a final administrative order before
such date.
SEC. 604. REVIEW OF CONVENTION AGAINST TORTURE GRANTS AND DENIALS.
(a) In General.--Section 241(b) (8 U.S.C. 1231(b)) is amended by
adding at the end the following new paragraph:
``(4) Elimination of review.--A determination as to whether
the removal of an alien to any country should be withheld or
deferred under the United Nations Convention Against Torture
and Other Cruel, Inhuman, or Degrading Treatment or Punishment
shall be made by the Secretary of Homeland Security. There
shall be no administrative or judicial review of a
determination of the Secretary under this section.''.
(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
applications pending on or after such date if the application has not
resulted in a final administrative order before such date.
SEC. 605. TIME LIMIT FOR DECISIONS IN ADMINISTRATIVE APPEALS.
(a) In General.--Chapter 9 of title II of the Act is amended by
inserting after section 294 the following new section:
``rules for decisions in administrative appeals
``Sec. 295. (a) Deadline.--A decision in any administrative appeal
from a decision of an immigration judge shall be issued not later than
180 days after the appeal is filed. If the appeal is not decided before
such deadline, the decision of the immigration judge shall be final,
unless the Attorney General certifies the decision for review.
``(b) Standard of Review.--In any administrative appeal from a
decision of an immigration judge, such judge's determinations of
factual issues, including findings as to the credibility of testimony,
shall be accepted unless they are clearly erroneous.''.
(b) Clerical Amendment.--The table of contents of the Immigration
and Nationality Act is amended by inserting after the item relating to
section 294 the following:
``295. Rules for decisions in administrative appeals.''.
(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
decisions appealed on or after such date.
SEC. 606. REVIEW OF ASYLUM CLAIMS.
(a) Judicial Review.--
(1) In general.--Section 208 (8 U.S.C. 1158) is amended by
adding at the end the following:
``(e) Limitation on Judicial Review.--No court shall have
jurisdiction to review any decision of the Secretary of Homeland
Security or the Attorney General under this section.''.
(2) Conforming amendments.--Section 242 (8 U.S.C 1252) is
amended--
(A) in subsection (a)(2)(B)(i), by inserting
``208,'' before ``212(h),'';
(B) in subsection (a)(2)(B)(ii), by striking
``General,'' and all that follows through the period at
the end and inserting ``General.''; and
(C) in subsection (b)(4)--
(i) in subparagraph (B), by adding ``and''
at the end;
(ii) in subparagraph (C), by striking ``,
and'' at the end and inserting a period; and
(iii) by striking subparagraph (D).
(b) Limitation on Asylum Office.--Section 208(d) (8 U.S.C. 1158(d))
is amended by adding at the end the following:
``(8) Other procedural matters.--
``(A) Determination of lawful status.--
``(i) In general.--In the case of an alien
who is physically present in the United States
and who has applied to the Secretary of
Homeland Security for asylum, the Secretary
shall determine whether the alien is
inadmissible or deportable before the Secretary
prepares to schedule the applicant for an
asylum interview. If the Secretary determines
that the alien is not inadmissible or
deportable, the Secretary shall adjudicate the
asylum application and render a decision
granting or denying asylum. If the Secretary
determines that the alien is inadmissible or
deportable before the Secretary prepares to
schedule an interview, the Secretary shall
place the alien in removal proceedings without
adjudicating the asylum application. The alien
may then pursue such application in such
proceedings.
``(ii) Review of determinations.--If an
alien's asylum application has been denied by
the Secretary, in any administrative or
judicial appeal from such denial, the
Secretary's determinations of factual issues,
including findings as to the credibility of
testimony, shall be accepted into evidence.
``(B) Recording of interviews.--The Secretary shall
record asylum interviews and include any such recording
in the applicant's file and record of proceedings.''.
(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
decisions rendered on or after such date.
SEC. 607. JUDICIAL REVIEW.
(a) Orders Against Criminal Aliens.--Subparagraph (C) of section
242(a)(2) (8 U.S.C. 1252(a)(2)) is amended--
(1) by striking ``no court shall have jurisdiction'' and
inserting ``including section 2241 of title 28, United States
Code, no court shall have jurisdiction, except as provided in
this section,''; and
(2) by adding at the end the following: ``Such review shall
be limited to constitutional challenges or statutory claims
involving pure issues of law,''.
(b) Venue for Review of Orders of Removal.--Section 242(b)(2) (8
U.S.C. 1252(b)(2)) is amended by striking ``with the court of appeals
for the judicial circuit in which the immigration judge completed the
proceedings.'' and inserting ``with the United States Court of Appeals
for the District of Columbia Circuit.''.
(c) Federal Circuit Court Appeals.--
(1) In general.--Title I of the Act is amended by inserting
after section 105 the following:
``rules for decisions in administrative appeals
``Sec. 106. Notwithstanding any other provision of law, the final
order of a district court of the United States in any proceeding under
this Act, or under any other immigration law of the United States,
shall be subject to review, on appeal, by the United States Court of
Appeals for the District of Columbia Circuit. There shall be no right
of appeal in such proceedings to any other circuit court of appeals.
The law applied by the Supreme Court, and the United States Court of
Appeals for the District of Columbia Circuit, shall be regarded as the
rule of decision in any proceeding under this Act.''.
(2) Clerical amendment.--The table of contents of the
Immigration and Nationality Act is amended by inserting after
the item relating to section 105 the following:
``106. Federal circuit court appeals.''.
TITLE VII--EMERGENCY IMMIGRATION WORKLOAD REDUCTION
SEC. 701. CONGRESSIONAL FINDINGS.
The Congress finds as follows:
(1) The effective establishment and organization of the
Directorate of Border and Transportation Security of the
Department of Homeland Security is imperative if the
Directorate is to carry out the immigration enforcement and
immigration services responsibilities delegated to it by the
Congress in the manner expected by the American people.
(2) The effective implementation of these duties will not
be achieved without an unacceptable compromise to the security
interests of the United States unless certain visa programs are
temporarily suspended, and other material assistance is
provided to law enforcement agencies and other entities that
support the immigration enforcement functions of the
Directorate, until such time as the Secretary of Homeland
Security can make the certifications to Congress required in
section 708.
(3) Such certifications, taken together, will establish the
effective operational transfer of immigration enforcement
functions to the new Directorate.
SEC. 702. TEMPORARY SUSPENSION OF VISA WAIVER PROGRAM.
The admission of aliens to the United States under the provisions
of section 217 of the Immigration and Nationality Act (8 U.S.C. 1187)
is suspended.
SEC. 703. TEMPORARY SUSPENSION OF ADJUSTMENT OF STATUS APPLICATIONS.
(a) The admission of aliens described in section 101(a)(15)(V) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(V) is
suspended.
(b) The authority of the Secretary of Homeland Security to adjust
the status of any alien to that of an alien lawfully admitted for
permanent residence under sections 240A or 245 of the Immigration and
Nationality Act is suspended.
(c) The suspensions described in subsections (a) and (b) shall
include the suspension of acceptance for filing of applications for
adjustment of status described in such subsection.
(d) Subsections (b) and (c) shall not apply to aliens described in
sections 101(a)(15)(K) or 101(a)(42) of the Immigration and Nationality
Act.
SEC. 704. TEMPORARY SUSPENSION OF RENEWALS OF TEMPORARY PROTECTED
STATUS.
The authority of the Secretary of Homeland Security to renew or
extend any designation made under subparagraph (B) or (C) of section
244(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1254(b)(1))
is suspended.
SEC. 705. CURTAILMENT OF VISAS FOR COUNTRIES DENYING OR DELAYING
REPATRIATION OF NATIONALS.
(a) Public Listing of Aliens With No Significant Likelihood of
Removal.--The Secretary of Homeland Security shall establish and
maintain a public listing of every alien who is subject to a final
order of removal and with respect to whom the Secretary or any Federal
court has determined that there is no significant likelihood of removal
in the reasonably foreseeable future due to the refusal, or
unreasonable delay, of all countries designated by the alien or under
this section to receive the alien. The public listing shall indicate
whether such alien has been released from federal custody, and the city
and state in which such alien resides.
(b) Discontinuation of Visas.--In the case of any foreign state for
which 24 or more of the citizens, subjects, or nationals of such state
appear on the public listing described in paragraph (a), such foreign
state shall be deemed to have denied or unreasonably delayed the
acceptance of such aliens, and the Secretary of Homeland Security shall
make the notification to the Secretary of State prescribed in section
243(d) of the Immigration and Nationality Act (8 U.S.C. 1253(d)). The
Secretary of State shall accordingly discontinue the issuance of non-
immigrant visas to citizens, subjects, or nationals of such foreign
state.
SEC. 706. WAIVER OF SUSPENSIONS.
The Secretary of Homeland Security may in his or her discretion
waive, on an individual case-by-case basis, the suspension of
applications under sections 702, 703, or 704, if the beneficiaries of
such applications are not inadmissible under section 212(a) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)) or deportable under
section 237(a) of such Act (8 U.S.C 1227).
SEC. 707. TERMINATION OF TEMPORARY SUSPENSIONS.
The emergency suspension of issuance of nonimmigrant visas, and of
admissions to the United States, as mandated by sections 702 through
704, shall terminate one week after the certification by the Secretary
of Homeland Security to the Congress that the following conditions are
satisfied:
(1) The integrated entry and exit data system required by
the Immigration and Naturalization Service Data Management
Improvement Act of 2000 (Public Law 106-215), including the
requirements added by section 302(a) of the Enhanced Border
Security and Visa Entry Reform Act of 2002 (Public Law 107-
173), is fully operational at all ports of entry.
(2) The system of machine-readable tamper-resistant visas
and other alien travel and entry documents described in section
202 of this Act is fully implemented at all ports of entry.
(3) The Department of Homeland Security has the operational
capability to take into custody and remove from the United
States any alien described in section 237(a) of the Immigration
and Nationality Act (8 U.S.C. 1227(a)) who has been lawfully
detained by a State or local law enforcement agency, and such
agency has notified the Department of such detention.
(4) The data system for the registration of aliens under
chapter 7 of title II of the Immigration and Nationality Act (8
U.S.C. 261 et. seq.) is fully operational and--
(A) is fully compliant with the data system
integration and interoperability standards enacted in
section 202(a) of the Enhanced Border Security and Visa
Entry Reform Act of 2002 (Public Law 107-173);
(B) ensures the entry of all registrations made in
accordance with section 221(b) of the Immigration and
Nationality Act (8 U.S.C. 1201(b)) into the registration system at the
time of the relevant visa application;
(C) ensures that all other registrations made under
procedures required by section 264 of such Act (8
U.S.C. 1304) are entered into the data system within 72
hours of receipt from the alien of an approved form of
registration; and
(D) ensures that all notices of change of address
required by section 265 of such Act (8 U.S.C. 1305) are
entered in the data system within 5 working days of
receipt from the alien of an approved change of address
form.
(5) A program for the random audit of the backlog of
applications for changes in immigration status by aliens
present in the United States existing on the effective date of
this Act has been fully implemented by the Department of
Homeland Security.
(6) The program described in paragraph (5) reliably
indicates that the estimated incidence of fraud or false
statements is no more than three percent of all approved
applications and a program is in place to ensure that all
benefits granted on the basis of such fraud or false statements
are revoked in a timely manner.
(7) The foreign student monitoring system described in
section 641 of the Illegal Immigration Reform and Immigrant
Responsibility Act (8 U.S.C. 1372), as amended and expanded by
sections 501 and 502 of the Enhanced Border Security and Visa
Entry Reform Act of 2002 (Public Law 107-173), is fully
operational, and no educational institution certified to
receive nonimmigrant students under subparagraph (F), (M), or
(J) of section 101(a)(15) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)) knowingly registers or admits aliens
present in the United States in violation of law.
(8) The number of aliens removed from the United States,
during the 4 month period preceding the month in which the
certification under this section is executed, was at least 25
percent higher than in the comparable period of the previous
year.
(9) All reports and plans, and all operational transfers of
functions, required under title IV of the Homeland Security Act
of 2002 (6 U.S.C. 201 et seq.) have been successfully performed
and implemented to the extent required by law as of the
certification date.
(10) The annual report required by section 205(b) of the
American Competitiveness in the Twenty-First Century Act of
2000 (8 U.S.C.1574(b)), for the fiscal year preceding the date
of the certification, has been submitted to the Congress.
(11) Process changes described in section 205(b)(2)(C)(vi)
of the American Competitiveness in the Twenty-First Century Act
of 2000 (8 U.S.C. 1574(b)(2)(C)(vi)) have been implemented and
are substantially operational.
SEC. 708. EFFECTIVE DATE.
The provisions of this title shall take effect at midnight on the
first Saturday that occurs two weeks after the date of enactment of
this Act.
TITLE VIII--REFORMING LEGAL IMMIGRATION
Subtitle A--Promotion of Citizenship
SEC. 801. CHANGES IN NATURALIZATION REQUIREMENTS.
(a) Study of Naturalization Examination.--
(1) In general.--The Chief of the Office of Citizenship of
the Department of Homeland Security shall conduct a study of
the scope and nature of the examination of applicants for
naturalization. The study shall analyze the value of the
questions on the exam, and recommend questions that ought to be
eliminated and new questions that ought to be included. The
study shall recommend new questions to be included that gauge
an applicant's understanding of the principles in the oath of
allegiance required under section 337(a) of the Immigration and
Nationality Act (8 U.S.C. 1448(a)).
(2) Civics course.--The study shall also analyze and make
recommendations as to whether applicants for naturalization
ought to be required to complete a course in civic education.
(3) Report.--Not later than 6 months after the date of the
enactment of this Act, the Chief of the Office of Citizenship
for the Bureau of Citizenship and Immigration Services of the
Department of Homeland Security shall submit a report to the
Congress containing the results of the study conducted under
this subsection. The report shall also contain a proposed
revised examination to be administered to applicants for
naturalization that reflects the recommendations developed
through the study. In developing the proposed examination, the
Chief of the Office of Citizenship shall consult with
interested groups specializing in immigration issues, civics
organizations, patriotic associations, and veterans' groups.
(b) Requiring Applicants for Naturalization To Understand Oath.--
(1) Requirements for naturalization.--Section 312(a) (8
U.S.C. 1423(a)) is amended--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(3) an understanding of the oath of allegiance required
under section 337(a).''.
(2) Examination.--Section 332(a) (8 U.S.C. 1443(a)) is
amended by inserting before ``ability'' the following:
``understanding of the oath of allegiance required under
section 337(a),''.
(c) Contents of Certificate of Naturalization.--Section 338 (8
U.S.C. 1449) is amended by inserting before ``and the seal'' the
following: ``the oath of allegiance required under section 337(a); a
statement that the applicant recognizes the privileges and
responsibilities of citizenship;''.
SEC. 802. OATH OF RENUNCIATION AND ALLEGIANCE.
Section 337(a) of the Immigration and Nationality Act (8 U.S.C.
1448(a)) is amended by inserting after ``the child is unable to
understand its meaning.'' the following: ``The oath referred to in this
section shall read the same as the oath provided for in paragraph (a)
or (b) of part 337.1 of title 8, Code of Federal Regulations, as in
effect on September 1, 2003.''.
Subtitle B--Treatment of Nationals of State Sponsors of Terrorism
SEC. 811. TREATMENT OF NATIONALS OF STATE SPONSORS OF TERRORISM.
(a) In General.--
(1) Amendment.--Chapter 9 of title II, as amended by
section 265 of this Act, is further amended by inserting after
section 295 the following new section:
``treatment of nationals of state sponsors of terrorism
``Sec. 296. (a) In General.--No nonimmigrant or immigrant visa may
be issued, or nonimmigrant or immigrant status otherwise provided,
other than a visa or status described in section 101(a)(15)(A) or
201(b)(2)(A)(i), to any alien who is a national of, or residing in, a
country that is determined to be a state sponsor of terrorism, except
the Secretary of Homeland Security (or the consular officer, in the
case of an application for a visa) may, on a case-by-case basis, waive
the application of this subsection in the case of an alien who--
``(1) requires examination or treatment for an emergency
medical condition (as defined in section 562(d) of the Illegal
Immigration Reform and Immigration Responsibility Act of 1996
(8 U.S.C. 1396(d))); or
``(2) is eligible for admission as a refugee under section
207 or for asylum under section 208.
``(b) State Sponsor of Terrorism Defined.--
``(1) In general.--In this section, the term `state sponsor
of terrorism' means any country the government of which has
been determined by the Secretary of State under any of the laws
specified in paragraph (2) to have repeatedly provided support
for acts of terrorism. Such term shall apply to a country
beginning on the date on which such determination takes effect
and ending on the date on which such determination is
withdrawn, terminated, revoked, or otherwise ceases to be
effective.
``(2) Laws under which determinations were made.--The laws
specified in this paragraph are the following:
``(A) Section 6(j)(1)(A) of the Export
Administration Act of 1979 (or successor statute).
``(B) Section 40(d) of the Arms Export Control Act.
``(C) Section 620A(a) of the Foreign Assistance Act
of 1961.''.
(2) Clerical amendment.--The table of contents of the
Immigration and Nationality Act is amended by inserting after
the item relating to section 295 the following:
``296. Treatment of nationals of state sponsors of terrorism.''.
(3) Effective date.--The amendments made by this subsection
shall take effect on the date of the enactment of this Act and
shall apply to visas issued, or status provided, on and after
such date.
(b) Application to Admitted Nonimmigrants.--In the case of a
nonimmigrant alien lawfully admitted into the United States who would
have been ineligible to be granted such nonimmigrant status if the
amendments made by subsection (a) had been in effect on the date on
which such status was granted, notwithstanding any other provision of
law, the period of authorized admission as such a nonimmigrant shall
terminate 60 days after the date of the enactment of this Act, unless
the Secretary of Homeland Security makes an individualized
determination described in section 296(a) of the Immigration and
Nationality Act (as added by subsection (a)) with respect to the alien.
(c) Repeal.--Section 306 of the Enhanced Border Security and Visa
Entry Reform Act of 2002 (Public Law 107-173) is repealed.
Subtitle C--Legal Immigration Reform
SEC. 821. EXTENDED FAMILY PREFERENCE CATEGORIES.
(a) In General.--Section 203(a) (8 U.S.C. 1153(a)) is amended to
read as follows:
``(a) Preference Allocation for Family-Sponsored Immigrants.--
Qualified immigrants who are the spouses or children of an alien
lawfully admitted for permanent residence shall be subject to the
worldwide level specified in section 201(c) for family-sponsored
immigrants, and shall be allocated visas in a number not to exceed such
level.''.
(b) Worldwide Level of Family-Sponsored Immigrants.--Section 201(c)
(8 U.S.C. 1151(c)) is amended--
(1) by striking ``480,000'' and inserting ``87,934''; and
(2) by striking ``226,000'' and inserting ``87,934''.
(c) Numerical Limitation to Any Single Foreign State.--Section 202
(8 U.S.C. 1152) is amended--
(1) in subsection (a)(4), by striking subparagraph (A) and
inserting the following:
``(A) 75 percent not subject to per country
limitation.--Of the visa numbers made available under
section 203(a) in any fiscal year, 75 percent shall be
issued without regard to the numerical limitation under
paragraph (2).''; and
(2) in subsection (e)--
(A) in paragraph (1), by adding ``and'' at the end;
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph
(2).
(d) Procedure for Granting Immigrant Status.--Section 204 (8 U.S.C.
1154) is amended--
(1) in subsection (a)(1)(A)(i), by striking ``paragraph
(1), (3), or (4) of'';
(2) in subsection (a)(1)(B), by striking ``203(a)(2)'' and
``203(a)(2)(A)'' each place such terms appear and inserting
``203(a)'';
(3) in subsection (a)(1)(D)(i)--
(A) in subclause (I), by striking ``a petitioner
for preference status under paragraph (1), (2), or
(3)'' and all that follows through the period at the
end and inserting ``to be an individual under 21 years
of age for purposes of adjudicating such petition, and
for purposes of admission as an immediate relative
under section 201(b)(2)(A)(i), notwithstanding the
actual age of the individual.''; and
(B) in subclause (III), by striking ``paragraph
(1), (2), or (3) of section 203(a), whichever paragraph
is applicable,'' and inserting ``section 203(a), and
under 21 years of age (notwithstanding the actual age
of the individual),''; and
(4) in subsection (f), by striking ``201(b), 203(a)(1), or
203(a)(3), as appropriate.'' and inserting ``201(b).''.
(e) Classes of Deportable Aliens.--Section 237(a)(1)(E)(ii) (8
U.S.C. 1227(a)(1)(E)(ii)) is amended by striking ``203(a)(2)'' and
inserting ``203(a)''.
(f) Conditional Permanent Resident Status for Certain Alien Spouses
and Sons and Daughters.--Section 216(g)(1)(C) (8 U.S.C. 1186a(g)(1)(C))
is amended by striking ``203(a)(2)'' and inserting ``203(a)''.
(g) Effective Date.--The amendments made this section shall take
effect on the date of enactment of this Act.
SEC. 822. EMPLOYMENT THIRD PREFERENCE CATEGORY.
(a) In General.--Paragraph (3) of section 203(b) (8 U.S.C. 1153(b))
is amended to read as follows:
``(3) Skilled workers and professionals.--
``(A) In general.--Visas shall be made available,
in a number not to exceed 28.6 percent of such
worldwide level, plus any visas not required for the
classes specified in paragraphs (1) and (2), to the
following classes of aliens who are not described in
paragraph (2):
``(i) Skilled workers.--Qualified
immigrants who are capable, at the time of
petitioning for classification under this
paragraph, of performing skilled labor
(requiring at least 2 years training or
experience), not of a temporary or seasonal
nature, for which qualified workers are not
available in the United States.
``(ii) Professionals.--Qualified immigrants
who hold baccalaureate degrees and who are
members of the professions.
``(B) Labor certification required.--An immigrant
visa may not be issued to an immigrant under
subparagraph (A) until the consular officer is in
receipt of a determination made by the Secretary of
labor pursuant to the provisions of section
212(a)(5)(A).''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of enactment of this Act.
SEC. 823. ELIMINATION OF DIVERSITY IMMIGRANT PROGRAM.
(a) Worldwide Level of Diversity Immigrants.--Section 201 (8 U.S.C.
1151) is amended--
(1) in subsection (a)--
(A) by inserting ``and'' at the end of paragraph
(1);
(B) by striking ``; and'' at the end of paragraph
(2) and inserting a period; and
(C) by striking paragraph (3); and
(2) by striking subsection (e).
(b) Allocation of Diversity Immigrant Visas.--Section 203 (8 U.S.C.
1153) is amended--
(1) by striking subsection (c);
(2) in subsection (d), by striking ``(a), (b), or (c),''
and inserting ``(a) or (b),'';
(3) in subsection (e), by striking paragraph (2) and
redesignating paragraph (3) as paragraph (2);
(4) in subsection (f), by striking ``(a), (b), or (c)'' and
inserting ``(a) or (b)''; and
(5) in subsection (g), by striking ``(a), (b), and (c)''
and inserting ``(a) and (b)''.
(c) Procedure for Granting Immigrant Status.--Section 204 (8 U.S.C.
1154) is amended--
(1) by striking subsection (a)(1)(I); and
(2) in subsection (e), by striking ``(a), (b), or (c)'' and
inserting ``(a) or (b)''.
(c) Effective Date.--The amendments made this section shall take
effect on the date of enactment of this Act.
SEC. 824. REFUGEE ADMISSIONS.
(a) In General.--Paragraphs (1) and (2) of section 207(a) (8 U.S.C.
1157(a)) are amended to read as follows:
``(a)(1) Except as provided in paragraph (2) and subsection (b),
the number of refugees who may be admitted under this section in any
fiscal year shall be such number as the President determines, before
the beginning of the fiscal year and after appropriate consultation, is
justified by humanitarian concerns or is otherwise in the national
interest.
``(2)(A) Except as provided in subparagraphs (B) and (C), the
number determined under paragraph (1) for a fiscal year may not exceed
the number of United Nations High Commissioner for Refugees-referred
refugees who were resettled in a country other than the United States
(excluding any internally resettled person) in the second preceding
calendar year.
``(B) The number determined under paragraph (1) for a fiscal year
may exceed the limit specified in subparagraph (A) by the number of
refugees admitted pursuant to section 599D(b)(3) of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1990 (8 U.S.C. 1157 note).
``(C) The number determined under paragraph (1) for a fiscal year
may exceed the limit specified in subparagraph (A) if the Congress
enacts a law providing for a higher number.''.
(b) Emergency Refugee Situations.--Section 207(b) (8 U.S.C.
1157(b)) is amended by striking ``the President may fix'' and inserting
``the President may, if the Congress enacts a law providing such
authority, fix''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act.
SEC. 825. ALIENS SUBJECT TO DIRECT NUMERICAL LIMITATIONS.
Section 201(b)(1) (8 U.S.C. 1151(b)(1)) is amended--
(1) by striking subparagraphs (C), (D), and (E); and
(2) by amending subparagraph (B) to read as follows:
``(B) Aliens who are admitted under section 207.''.
SEC. 826. EDUCATION OF FAMILY-SPONSORED IMMIGRANTS.
Section 203(a) (8 U.S.C. 1153(a)) is amended by adding at the end
the following:
``(5) Limitation.--An adult alien other than a derivative
spouse is not eligible for a visa under this subsection unless
the alien has attained at least a high school education or its
equivalent.''.
SEC. 827. SPONSORSHIP LEVELS.
Section 213A(f)(1)(E) (8 U.S.C. 1183a(f)(1)(E)) is amended by
striking ``125 percent of the Federal poverty line'' and inserting
``200 percent of the poverty line''.
SEC. 828. REPEAL OF SECTION 245(I).
Section 245(i) (8 U.S.C. 1255(i)) is repealed.
TITLE IX--MISCELLANEOUS PROVISIONS
SEC. 901. TEMPORARY PROTECTED STATUS.
(a) In General.--Section 244 (8 U.S.C. 1254a) is amended--
(1) in subsection (a)--
(A) by striking paragraph (3)(D);
(B) in paragraph (4)--
(i) by striking subparagraph (B);
(ii) by moving the text of subparagraph (A)
up and to the right so that it follows
immediately after the paragraph heading; and
(iii) by striking ``(A)''; and
(C) in paragraph (5), by striking ``to deny
temporary protected status to an alien based on the
alien's immigration status or'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A), by adding ``or''
at the end;
(ii) in subparagraph (B)--
(I) in clause (i), by striking
``disruption of living conditions'' and
inserting ``physical destruction of
homes and businesses'';
(II) by amending clause (ii) to
read as follows:
``(ii) the foreign state is unable,
temporarily, to house and employ the aliens who
are nationals of the state residing in the
United States, but has officially requested
designation and submitted to the Secretary of
State a specific plan to repatriate such
nationals in a short and specified period of
time; and''; and
(III) in clause (iii), by striking
``; or'' and inserting a period;
(iii) by striking subparagraph (C); and
(iv) by adding at the end the following:
``An initial designation, or extension of a designation, of a
foreign state (or part of such foreign state) under this
paragraph shall not become effective if the 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.''
(B) in the last sentence of paragraph (2), by
striking ``18 months'' and inserting ``12 months'';
(C) in paragraph (3)--
(i) in subparagraph (A), by inserting
``all'' after ``and shall determine whether'';
(ii) in subparagraph (B), by inserting
``all'' after ``no longer continues to meet'';
and
(iii) by amending subparagraph (C) to read
as follows:
``(C) Extension of designation.--If the Secretary
of Homeland Security determines under subparagraph (A)
that a foreign state (or part of such foreign state)
continues to meet all the conditions for designation
under paragraph (1) and that the foreign state warrants
an extension, the period of designation of the foreign
State is extended for an additional period of 6 months
(or, in the discretion of the Secretary, a period of 12
months).''; and
(D) in paragraph (5)--
(i) by striking subparagraph (B);
(ii) by moving the text of subparagraph (A)
up and to the right so that it follows
immediately after the paragraph heading; and
(iii) by striking ``(A) Designations.--'';
(3) in subsection (c)--
(A) in paragraph (1)(B), by striking ``The amount
of any such fee shall not exceed $50.'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``of
paragraph (1)--'' and all that follows through
the end and inserting the following: ``, the
provisions of section 212(a)(1) may be waived
in the Secretary of Homeland Security's
discretion if a denial of temporary protected
status would separate the alien from a spouse
or child in the United States.'';
(ii) in subparagraph (B)--
(I) by amending clause (i) to read
as follows:
``(i) the alien is inadmissible under
section 212(a) by reason of having been
convicted of a crime committed in the United
States, or the alien is deportable under
section 237(a) (other than under section
237(a)(1)(B));'';
(II) in clause (ii), by striking
the period at the end and inserting ``;
or''; and
(III) by adding at the end the
following:
``(iii) the alien was unlawfully present in
the United States on the effective date of the
designation of the applicable foreign state (or
part of a state), or the effective date of any
extension of such designation, unless a law to
the contrary is enacted before such date,
except that if the Congress is adjourned sine
die on such date, the alien may be granted
temporary protected status for a period of not
more than 4 months.'';
(C) in paragraph (3)--
(i) by striking ``, or'' at the end of
subparagraph (B) and inserting a semicolon;
(ii) in subparagraph (C)--
(I) by inserting ``and record the
alien's current address'' after
``register''; and
(II) by striking the period at the
end and inserting a semicolon; and
(iii) by adding at the end the following:
``(D) the alien commits a crime after being granted
temporary protected status; or
``(E) the alien travels, no matter how briefly, to
the foreign state (or part of such state) the
designation of which was the basis of the alien being
granted such status.'';
(D) in paragraph (4), in each of subparagraphs (A)
and (B), by inserting before the period at the end the
following: ``, unless the alien travels, no matter how
briefly, to the foreign state (or part of such state)
the designation of which was the basis of the alien
being granted such status''; and
(E) by striking paragraph (6);
(4) in subsection (d), by striking paragraph (4);
(5) in subsection (e), by striking ``, unless the Attorney
General determines that extreme hardship exists'' in the first
sentence;
(6) in subsection (f)--
(A) by inserting ``and'' at the end of paragraph
(2);
(B) in paragraph (3), by striking ``Attorney
General; and'' and inserting ``Secretary of Homeland
Security, except to the foreign state (or part of such
state) the designation of which was the basis of the
alien being granted such status.''; and
(C) by striking paragraph (4); and
(7) in subsection (h)--
(A) in paragraph (1), by inserting ``or the House
of Representatives'' after ``Senate'';
(B) in paragraph (2), by striking ``three-fifths''
and inserting ``two-thirds''; and
(C) by inserting ``and the House of
Representatives'' after ``Senate'' each place such term
appears in paragraphs (2) and (3).
(b) Ineligibility of Certain Aliens.--
(1) In general.--In the case of a foreign state (or part of
a foreign state) initially designated under section 244 (8
U.S.C. 1254a), or having such a designation extended, before
the date of the enactment of this Act, an alien who is a
national of such state (or in the case of an alien having no
nationality, is a person who last habitually resided in such
state), and was unlawfully present in the United States on the
date of such designation or extension, shall be subject to
paragraph (2).
(2) Aliens ineligible.--An alien described in paragraph (1)
shall not be considered eligible for temporary protected status
under section 244 pursuant to any initial or succeeding
extension of a designation described in such paragraph that
takes effect after the date of the enactment of this Act,
unless a law to the contrary is enacted before such effective
date, except that if the Congress is adjourned sine die on such
effective date, the alien may be granted temporary protected
status for a period of not more than 4 months.
SEC. 902. GOOD MORAL CHARACTER.
(a) In General.--Section 101(f)(6) (8 U.S.C. 1101(f)(6)) is amended
to read as follows:
``(6) one who, by fraud or willfully misrepresenting a
material fact, seeks to procure (or has sought to procure or
has procured) a visa, other documentation, or admission into
the United States or other benefit provided under this Act, for
himself, herself, or any other alien;''.
(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
misrepresentations made on or after such date.
SEC. 903. REMOVAL FOR ALIENS WHO MAKE MISREPRESENTATIONS TO PROCURE
BENEFITS.
(a) In General.--Section 237(a)(3) (8 U.S.C. 1127(a)(3)) is amended
by adding at the end the following:
``(F) Misrepresentation.--Any alien who, by fraud
or willfully misrepresenting a material fact, seeks to
procure (or has sought to procure or has procured) a
visa, other documentation, or admission into the United
States or other benefit provided under this Act, for
himself, herself, or any other alien, is deportable.''.
(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
misrepresentations made on or after such date.
SEC. 904. DESIGNATIONS OF FOREIGN TERRORIST ORGANIZATIONS.
Section 219 (8 U.S.C. 1189) is amended--
(1) by striking ``Secretary'' each place such term appears,
excluding subsection (a)(2)(C), and inserting ``official
specified under subsection (d)'';
(2) in subsection (c)--
(A) in paragraph (2), by adding ``and'' at the end;
(B) in paragraph (3), by striking ``; and'' at the
end and inserting a period; and
(C) by striking paragraph (4); and
(3) by adding at the end the following:
``(d) Implementation of Duties and Authorities.--The duties under
this section shall, and authorities under this section may, be
exercised by the Secretary of State, the Attorney General, or the
Secretary of Homeland Security.''.
SEC. 905. FOREIGN STUDENTS.
(a) Length of Visa Term.--Section 221(c) (8 U.S.C. 1201(c)) is
amended--
(1) by striking ``A nonimmigrant visa'' and inserting
``Except as otherwise provided by law, a nonimmigrant visa'';
and
(2) by adding at the end the following:
``In the case of a nonimmigrant visa issued under subparagraph (F),
(J), or (M) of section 101(a)(15) for study in the United States, the
visa shall not be valid for any period in excess of the stated period
that the institution or place of study to which the visa relates
determines is necessary and proper for the purpose of achieving the
objective of such study. Such determinations shall be timely submitted,
in accordance with such regulations as the Secretary of Homeland
Security may prescribe, as a condition of the granting of authority to
issue documents demonstrating aliens' eligibility for a visa under
subparagraph (F), (J), or (M) of section 101(a)(15).''.
(b) Eligible Institution.--Section 214 (8 U.S.C. 1202), as amended
by section 204 of this Act, is further amended by adding at the end the
following:
``(w) A nonimmigrant visa may not be issued under subparagraph (F),
(J), or (M) of section 101(a)(15) for postsecondary study at an
educational institution unless that institution is an eligible
institution for the purpose of a program authorized under title IV of
the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).''.
(c) Effective Date.--The amendment made by subsection (a) shall
take effect 6 months after the date of the enactment of this Act. The
amendment made by subsection (b) shall take effect on the date of the
enactment of this Act.
SEC. 906. PAY GRADE GS-15 AVAILABLE FOR TRIAL ATTORNEYS.
There are authorized to be appropriated such sums as may be to
establish a range for the annual rate of basic pay for positions as a
trial attorney in the Bureau of Customs and Border Protection, the
Bureau of Immigration and Customs Enforcement, and the Bureau of
Citizenship and Immigration Services between the minimum annual rate of
basic pay payable for grade GS-11 of the General Schedule and the
maximum annual rate of basic pay payable for grade GS-15 of the General
Schedule.
SEC. 907. PROOF OF IDENTITY OF ALIENS SEEKING RELIEF.
(a) Asylum.--Section 208(b)(2) (8 U.S.C. 1158(b)(2)) is amended by
adding at the end the following:
``(E) Proof of identity.--No alien may be granted
asylum until the alien proves the alien's true identity
by clear and convincing evidence.''.
(b) Adjustment of Status of Refugees.--Section 209 (8 U.S.C. 1159)
is amended by adding at the end the following:
``(d) No alien may have the alien's status adjusted under this
section until the alien proves the alien's true identity by clear and
convincing evidence.''.
(c) Cancellation of Removal.--Section 240A (8 U.S.C. 1229b) is
amended by adding at the end the following:
``(f) Proof of Identity.--No alien may receive relief under this
section until the alien proves the alien's true identity by clear and
convincing evidence.''.
(d) Adjustment of Status of Nonimmigrants.--Section 245 (8 U.S.C.
1255) is amended--
(1) by redesignating the subsection (l) added by section
1513(f) of Public Law 106-386 (114 Stat. 1536) as subsection
(m); and
(2) by adding at the end the following:
``(n) Proof of Identity.--No alien may have the alien's status
adjusted under this section until the alien proves the alien's true
identity by clear and convincing evidence.''.
(e) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall apply to
relief provided on and after such date.
SEC. 908. FOLLOWING TO JOIN DEFINED.
Section 101(a) (8 U.S.C. 1101) is amended by adding at the end the
following:
``(51) The term `following to join' when used with respect to a
spouse or child of an alien, means that the spouse or child departs for
the United States, in order to reside with the alien, during the 1-year
period beginning on the date on which the alien is admitted into the
United States.''.
SEC. 909. INFORMATION ON FOREIGN CRIMES.
Section 245(a) is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following: ``(3)
the Secretary of Homeland Security has thoroughly examined the
alien's countries of prior residence to determine that the
alien has not committed a crime in those countries making the
alien inadmissible, and''.
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