,i #aacth ,,congress #ast ,session ,h4 ,r4 #bbgh ,,in ,,the ,,house ,,of ,,representatives ,june #f1 #bjac ,mr4 ,gowdy 7for himself1 ,mr4 ,goodlatte1 ,mr4 ,smith of ,texas1 ,mr4 ,forbes1 ,mrs4 ,blackburn1 ,mr4 ,bishop of ,utah1 ,mr4 ,coble1 ,mr4 ,poe of ,texas1 ,mr4 ,westmoreland1 ,mr4 ,chaffetz1 ,mr4 ,sensenbrenner1 ,mrs4 ,bachmann1 ,mr4 ,collins of ,georgia1 ,mr4 ,woodall1 ,mr4 ,mulvaney1 ,mr4 ,franks of ,arizona1 ,mr4 ,pearce1 ,mr4 ,de,santis1 ,mr4 ,chabot1 and ,mr4 ,labrador7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committees on ,homeland ,security1 ,agriculture1 and ,natural ,resources1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend the ,immigration and ,nationality ,act to improve immigration law enforcement within the interior of the ,united ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,strengthen and ,fortify ,enforcement ,act or the ,,safe ,act4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,table of contents4 ,title ,i--,immigration ,law ,enforcement by ,states and ,localities ,sec4 #aja4 ,definitions and severability4 ,sec4 #ajb4 ,immigration law enforcement by ,states and localities4 ,sec4 #ajc4 ,listing of immigration violators in the national crime information center database4 ,sec4 #ajd4 ,technology access4 ,sec4 #aje4 ,state and local law enforcement provision of information about apprehended aliens4 ,sec4 #ajf4 ,financial assistance to ,state and local police agencies that assist in the enforcement of immigration laws4 ,sec4 #ajg4 ,increased ,federal detention space4 ,sec4 #ajh4 ,federal custody of inadmissible and deportable aliens in the ,united ,states apprehended by ,state or local law enforcement4 ,sec4 #aji4 ,training of ,state and local law enforcement personnel relating to the enforcement of immigration laws4 ,sec4 #aaj4 ,immunity4 ,sec4 #aaa4 ,criminal alien identification program4 ,sec4 #aab4 ,clarification of congressional intent4 ,sec4 #aac4 ,state criminal alien assistance program 7,,scaap74 ,sec4 #aad4 ,state violations of enforcement of immigration laws4 ,sec4 #aae4 ,clarifying the authority of ,,ice detainers4 ,title ,,ii--,national ,security ,sec4 #bja4 ,removal of1 and denial of benefits to1 terrorist aliens4 ,sec4 #bjb4 ,terrorist bar to good moral character4 ,sec4 #bjc4 ,terrorist bar to naturalization4 ,sec4 #bjd4 ,denaturalization for terrorists4 ,sec4 #bje4 ,use of #aihf ,,irca legalization information for national security purposes4 ,sec4 #bjf4 ,background and security checks4 ,sec4 #bjg4 ,technical amendments relating to the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd4 ,title ,,iii--,removal of ,criminal ,aliens ,sec4 #cja4 ,definition of aggravated felony and conviction4 ,sec4 #cjb4 ,precluding admissibility of aliens convicted of aggravated felonies or other serious offenses4 ,sec4 #cjc4 ,espionage clarification4 ,sec4 #cjd4 ,prohibition of the sale of firearms to1 or the possession of firearms by1 certain aliens4 ,sec4 #cje4 ,uniform statute of limitations for certain immigration1 naturalization1 and peonage offenses4 ,sec4 #cjf4 ,conforming amendment to the definition of racketeering activity4 ,sec4 #cjg4 ,conforming amendments for the aggravated felony definition4 ,sec4 #cjh4 ,precluding refugee or asylee adjustment of status for aggravated felons4 ,sec4 #cji4 ,inadmissibility and deportability of drunk drivers4 ,sec4 #caj4 ,detention of dangerous aliens4 ,sec4 #caa4 ,grounds of inadmissibility and deportability for alien gang members4 ,sec4 #cab4 ,extension of identity theft offenses4 ,sec4 #cac4 ,laundering of monetary instruments4 ,sec4 #cad4 ,increased criminal penalties relating to alien smuggling and related offenses4 ,sec4 #cae4 ,penalties for illegal entry4 ,sec4 #caf4 ,illegal reentry4 ,sec4 #cag4 ,reform of passport1 visa1 and immigration fraud offenses4 ,sec4 #cah4 ,forfeiture4 ,sec4 #cai4 ,expedited removal for aliens inadmissible on criminal or security grounds4 ,sec4 #cbj4 ,increased penalties barring the admission of convicted sex offenders failing to register and requiring deportation of sex offenders failing to register4 ,sec4 #cba4 ,protecting immigrants from convicted sex offenders4 ,sec4 #cbb4 ,clarification to crimes of violence and crimes involving moral turpitude4 ,sec4 #cbc4 ,penalties for failure to obey removal orders4 ,sec4 #cbd4 ,pardons4 ,title ,,iv--,visa ,security ,sec4 #dja4 ,cancellation of additional visas4 ,sec4 #djb4 ,visa information sharing4 ,sec4 #djc4 ,restricting waiver of visa interviews4 ,sec4 #djd4 ,authorizing the ,department of ,state to not interview certain ineligible visa applicants4 ,sec4 #dje4 ,visa refusal and revocation4 ,sec4 #djf4 ,funding for the visa security program4 ,sec4 #djg4 ,expeditious expansion of visa security program to high-risk posts4 ,sec4 #djh4 ,expedited clearance and placement of ,department of ,homeland ,security personnel at overseas embassies and consular posts4 ,sec4 #dji4 ,increased criminal penalties for student visa integrity4 ,sec4 #daj4 ,accreditation requirements4 ,sec4 #daa4 ,visa fraud4 ,sec4 #dab4 ,background checks4 ,sec4 #dac4 ,flight schools not certified by ,,faa4 ,sec4 #dad4 ,revocation of accreditation4 ,sec4 #dae4 ,report on risk assessment4 ,sec4 #daf4 ,implementation of ,,gao recommendations4 ,sec4 #dag4 ,implementation of ,,sevis ,,ii4 ,sec4 #dah4 ,definitions4 ,title ,v--,aid to ,u4,s4 ,immigration and ,customs ,enforcement ,officers ,sec4 #eja4 ,,ice immigration enforcement agents4 ,sec4 #ejb4 ,,ice detention enforcement officers4 ,sec4 #ejc4 ,ensuring the safety of ,,ice officers and agents4 ,sec4 #ejd4 ,,ice ,advisory ,council4 ,sec4 #eje4 ,pilot program for electronic field processing4 ,sec4 #ejf4 ,additional ,,ice deportation officers and support staff4 ,sec4 #ejg4 ,additional ,,ice prosecutors4 ,title ,,vi--,miscellaneous ,enforcement ,provisions ,sec4 #fja4 ,encouraging aliens to depart voluntarily4 ,sec4 #fjb4 ,deterring aliens ordered removed from remaining in the ,united ,states unlawfully4 ,sec4 #fjc4 ,reinstatement of removal orders4 ,sec4 #fjd4 ,clarification with respect to definition of admission4 ,sec4 #fje4 ,reports to ,congress on the exercise and abuse of prosecutorial discretion4 ,sec4 #fjf4 ,waiver of ,federal laws with respect to border security actions on ,department of the ,interior and ,department of ,agriculture lands4 ,i ,immigration ,law ,enforcement by ,states and ,localities #aja4 ,definitions and severability 7a7 ,state defined ,for the purposes of this title1 the term ,state has the meaning given to such term in section #aja7;a77#cf7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#cf774 7b7 ,secretary defined ,for the purpose of this title1 the term ,secretary means the ,secretary of ,homeland ,security4 7c7 ,severability ,if any provision of this title1 or the application of such provision to any person or circumstance1 is held invalid1 the remainder of this title1 and the application of such provision to other persons not similarly situated or to other circumstances1 shall not be affected by such invalidation4 #ajb4 ,immigration law enforcement by ,states and localities 7a7 ,in general ,subject to section #bgd;,a7h77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7h77#b771 ,states1 or political subdivisions of ,states1 may enact1 implement and enforce criminal penalties that penalize the same conduct that is prohibited in the criminal provisions of immigration laws 7as defined in section #aja7;a77#ag7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ag7771 as long as the criminal penalties do not exceed the relevant ,federal criminal penalties4 ,states1 or political subdivisions of ,states1 may enact1 implement and enforce civil penalties that penalize the same conduct that is prohibited in the civil violations of immigration laws 7as defined in such section #aja7;a77#ag771 as long as the civil penalties do not exceed the relevant ,federal civil penalties4 7b7 ,law enforcement personnel ,law enforcement personnel of a ,state1 or of a political subdivision of a ,state1 may investigate1 identify1 apprehend1 arrest1 detain1 or transfer to ,federal custody aliens for the purposes of enforcing the immigration laws of the ,united ,states to the same extent as ,federal law enforcement personnel4 ,law enforcement personnel of a ,state1 or of a political subdivision of a ,state1 may also investigate1 identify1 apprehend1 arrest1 or detain aliens for the purposes of enforcing the immigration laws of a ,state or of a political subdivision of ,state1 as long as those immigration laws are permissible under this section4 ,law enforcement personnel of a ,state1 or of a political subdivision of a ,state1 may not remove aliens from the ,united ,states4 #ajc4 ,listing of immigration violators in the national crime information center database 7a7 ,provision of information to the ,,ncic ,not later than #ahj days after the date of the enactment of this ,act and periodically thereafter as updates may require1 the ,secretary shall provide the ,national ,crime ,information ,center of the ,department of ,justice with all information that the ,secretary may possess regarding any alien against whom a final order of removal has been issued1 any alien who has entered into a voluntary departure agreement1 any alien who has overstayed their authorized period of stay1 and any alien whose visas has been revoked4 ,the ,national ,crime ,information ,center shall enter such information into the ,immigration ,violators ,file of the ,national ,crime ,information ,center database1 regardless of whether-- 7#a7 the alien received notice of a final order of removal2 7#b7 the alien has already been removed2 or 7#c7 sufficient identifying information is available with respect to the alien4 7b7 ,inclusion of information in the ,,ncic database 7#a7 ,in general ,section #ecd7;a7 of title #bh1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#c71 by striking and at the end2 7,b7 by redesignating paragraph 7#d7 as paragraph 7#e72 and 7,c7 by inserting after paragraph 7#c7 the following3 7#d7 acquire1 collect1 classify1 and preserve records of violations by aliens of the immigration laws of the ,united ,states1 regardless of whether any such alien has received notice of the violation or whether sufficient identifying information is available with respect to any such alien or whether any such alien has already been removed from the ,united ,states2 and 4 7#b7 ,effective date ,the ,attorney ,general and the ,secretary shall ensure that the amendment made by paragraph 7#a7 is implemented by not later than #f months after the date of the enactment of this ,act4 #ajd4 ,technology access ,states shall have access to ,federal programs or technology directed broadly at identifying inadmissible or deportable aliens4 #aje4 ,state and local law enforcement provision of information about apprehended aliens 7a7 ,provision of information ,in compliance with section #fdb7;a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acgc7 and section #dcd of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afdd71 each ,state1 and each political subdivision of a ,state1 shall provide the ,secretary of ,homeland ,security in a timely manner with the information specified in subsection 7b7 with respect to each alien apprehended in the jurisdiction of the ,state1 or in the political subdivision of the ,state1 who is believed to be inadmissible or deportable4 7b7 ,information required ,the information referred to in subsection 7a7 is as follows3 7#a7 ,the alien's name4 7#b7 ,the alien's address or place of residence4 7#c7 ,a physical description of the alien4 7#d7 ,the date1 time1 and location of the encounter with the alien and reason for stopping1 detaining1 apprehending1 or arresting the alien4 7#e7 ,if applicable1 the alien's driver's license number and the ,state of issuance of such license4 7#f7 ,if applicable1 the type of any other identification document issued to the alien1 any designation number contained on the identification document1 and the issuing entity for the identification document4 7#g7 ,if applicable1 the license plate number1 make1 and model of any automobile registered to1 or driven by1 the alien4 7#h7 ,a photo of the alien1 if available or readily obtainable4 7#i7 ,the alien's fingerprints1 if available or readily obtainable4 7c7 ,annual report on reporting ,the ,secretary shall maintain and annually submit to the ,congress a detailed report listing the ,states1 or the political subdivisions of ,states1 that have provided information under subsection 7a7 in the preceding year4 7d7 ,reimbursement ,the ,secretary shall reimburse ,states1 and political subdivisions of a ,state1 for all reasonable costs1 as determined by the ,secretary1 incurred by the ,state1 or the political subdivision of a ,state1 as a result of providing information under subsection 7a74 7e7 ,authorization of ,appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this section4 7f7 ,construction ,nothing in this section shall require law enforcement officials of a ,state1 or of a political subdivision of a ,state1 to provide the ,secretary with information related to a victim of a crime or witness to a criminal offense4 7g7 ,effective date ,this section shall take effect on the date that is #abj days after the date of the enactment of this ,act and shall apply with respect to aliens apprehended on or after such date4 #ajf4 ,financial assistance to ,state and local police agencies that assist in the enforcement of immigration laws 7a7 ,grants for special equipment for housing and processing certain aliens ,from amounts made available to make grants under this section1 the ,secretary shall make grants to ,states1 and to political subdivisions of ,states1 for procurement of equipment1 technology1 facilities1 and other products that facilitate and are directly related to investigating1 apprehending1 arresting1 detaining1 or transporting aliens who are inadmissible or deportable1 including additional administrative costs incurred under this title4 7b7 ,eligibility ,to be eligible to receive a grant under this section1 a ,state1 or a political subdivision of a ,state1 must have the authority to1 and shall have a written policy and a practice to1 assist in the enforcement of the immigration laws of the ,united ,states in the course of carrying out the routine law enforcement duties of such ,state or political subdivision of a ,state4 ,entities covered under this section may not have any policy or practice that prevents local law enforcement from inquiring about a suspect's immigration status4 7c7 ,funding ,there is authorized to be appropriated for grants under this section such sums as may be necessary for fiscal year #bjad and each subsequent fiscal year4 7d7 ,,gao audit ,not later than #c years after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall conduct an audit of funds distributed to ,states1 and to political subdivisions of a ,state1 under subsection 7a74 #ajg4 ,increased ,federal detention space 7a7 ,construction or acquisition of detention facilities 7#a7 ,in general ,the ,secretary shall construct or acquire1 in addition to existing facilities for the detention of aliens1 detention facilities in the ,united ,states1 for aliens detained pending removal from the ,united ,states or a decision regarding such removal4 ,each facility shall have a number of beds necessary to effectuate this purposes of this title4 7#b7 ,determinations ,the location of any detention facility built or acquired in accordance with this subsection shall be determined by the ,secretary4 7b7 ,authorization of ,appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this section4 7c7 ,technical and conforming amendment ,section #bda7;g77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;g77#a77 is amended by striking may expend and inserting shall expend4 #ajh4 ,federal custody of inadmissible and deportable aliens in the ,united ,states apprehended by ,state or local law enforcement 7a7 ,state ,apprehension 7#a7 ,in general ,title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea et seq47 is amended by inserting after section #bdj;,c the following3 #bdj;,d4 ,custody of inadmissible and deportable aliens present in the ,united ,states 7a7 ,transfer of custody by ,state and local officials ,if a ,state1 or a political subdivision of the ,state1 exercising authority with respect with respect to the apprehension or arrest of an inadmissible or deportable alien submits to the ,secretary of ,homeland ,security a request that the alien be taken into ,federal custody1 notwithstanding any other provision of law1 regulation1 or policy the ,secretary-- 7#a7 shall take the alien into custody not later than #dh hours after the detainer has been issued following the conclusion of the ,state or local charging process or dismissal process1 or if no ,state or local charging or dismissal process is required1 the ,secretary should issue a detainer and take the alien into custody not later than #dh hours after the alien is apprehended2 and 7#b7 shall request that the relevant ,state or local law enforcement agency temporarily hold the alien in their custody or transport the alien for transfer to ,federal custody4 7b7 ,policy on detention in ,federal1 contract1 ,state1 or local detention facilities ,in carrying out section #bda7;g77#a71 the ,attorney ,general or ,secretary of ,homeland ,security shall ensure that an alien arrested under this title shall be held in custody1 pending the alien's examination under this section1 in a ,federal1 contract1 ,state1 or local prison1 jail1 detention center1 or other comparable facility4 ,notwithstanding any other provision of law1 regulation or policy1 such facility is adequate for detention1 if-- 7#a7 such a facility is the most suitably located ,federal1 contract1 ,state1 or local facility available for such purpose under the circumstances2 7#b7 an appropriate arrangement for such use of the facility can be made2 and 7#c7 the facility satisfies the standards for the housing1 care1 and security of persons held in custody by a ,united ,states ,marshal4 7c7 ,reimbursement ,the ,secretary of ,homeland ,security shall reimburse a ,state1 and a political subdivision of a ,state1 for all reasonable expenses1 as determined by the ,secretary1 incurred by the ,state1 or political subdivision1 as a result of the incarceration and transportation of an alien who is inadmissible or deportable as described in subsections 7a7 and 7b74 ,compensation provided for costs incurred under such subsections shall be the average cost of incarceration of a prisoner in the relevant ,state1 as determined by the chief executive officer of a ,state1 or of a political subdivision of a ,state1 plus the cost of transporting the alien from the point of apprehension to the place of detention1 and to the custody transfer point if the place of detention and place of custody are different4 7d7 ,secure facilities ,the ,secretary of ,homeland ,security shall ensure that aliens incarcerated pursuant to this title are held in facilities that provide an appropriate level of security4 7e7 ,transfer 7#a7 ,in general ,in carrying out this section1 the ,secretary of ,homeland ,security shall establish a regular circuit and schedule for the prompt transfer of apprehended aliens from the custody of ,states1 and political subdivisions of a ,state1 to ,federal custody4 7#b7 ,contracts ,the ,secretary may enter into contracts1 including appropriate private contracts1 to implement this subsection4 4 7#b7 ,clerical amendment ,the table of contents of such ,act is amended by inserting after the item relating to section #bdj;,c the following new item3 ,sec4 #bdj;,d4 ,custody of aliens unlawfully present in the ,united ,states4 4 7b7 ,,gao audit ,not later than #c years after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall conduct an audit of compensation to ,states1 and to political subdivisions of a ,state1 for the incarceration of inadmissible or deportable aliens under section #bdj;,d7a7 of the ,immigration and ,nationality ,act 7as added by subsection 7a77#a774 7c7 ,effective date ,section #bdj;,d of the ,immigration and ,nationality ,act1 as added by subsection 7a71 shall take effect on the date of the enactment of this ,act1 except that subsection 7e7 of such section shall take effect on the date that is #abj day after the date of the enactment of this ,act4 #aji4 ,training of ,state and local law enforcement personnel relating to the enforcement of immigration laws 7a7 ,establishment of training manual and pocket guide ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall establish-- 7#a7 a training manual for law enforcement personnel of a ,state1 or of a political subdivision of a ,state1 to train such personnel in the investigation1 identification1 apprehension1 arrest1 detention1 and transfer to ,federal custody of inadmissible and deportable aliens in the ,united ,states 7including the transportation of such aliens across ,state lines to detention centers and the identification of fraudulent documents72 and 7#b7 an immigration enforcement pocket guide for law enforcement personnel of a ,state1 or of a political subdivision of a ,state1 to provide a quick reference for such personnel in the course of duty4 7b7 ,availability ,the training manual and pocket guide established in accordance with subsection 7a7 shall be made available to all ,state and local law enforcement personnel4 7c7 ,applicability ,nothing in this section shall be construed to require ,state or local law enforcement personnel to carry the training manual or pocket guide with them while on duty4 7d7 ,costs ,the ,secretary shall be responsible for any costs incurred in establishing the training manual and pocket guide4 7e7 ,training flexibility 7#a7 ,in general ,the ,secretary shall make training of ,state and local law enforcement officers available through as many means as possible1 including through residential training at the ,center for ,domestic ,preparedness1 onsite training held at ,state or local police agencies or facilities1 online training courses by computer1 teleconferencing1 and videotape1 or the digital video display 7,,dvd7 of a training course or courses4 ,e-learning through a secure1 encrypted distributed learning system that has all its servers based in the ,united ,states1 is scalable1 survivable1 and can have a portal in place not later than #cj days after the date of the enactment of this ,act1 shall be made available by the ,federal ,law ,enforcement ,training ,center ,distributed ,learning ,program for ,state and local law enforcement personnel4 7#b7 ,federal personnel training ,the training of ,state and local law enforcement personnel under this section shall not displace the training of ,federal personnel4 7#c7 ,clarification ,nothing in this title or any other provision of law shall be construed as making any immigration-related training a requirement for1 or prerequisite to1 any ,state or local law enforcement officer to assist in the enforcement of ,federal immigration laws4 7#d7 ,priority ,in carrying out this subsection1 priority funding shall be given for existing web-based immigration enforcement training systems4 #aaj4 ,immunity ,notwithstanding any other provision of law1 a law enforcement officer of a ,state or local law enforcement agency who is acting within the scope of the officer's official duties shall be immune1 to the same extent as a ,federal law enforcement officer1 from personal liability arising out of the performance of any duty described in this title1 including the authorities to investigate1 identify1 apprehend1 arrest1 detain1 or transfer to ,federal custody1 an alien for the purposes of enforcing the immigration laws of the ,united ,states 7as defined in section #aja7;a77#ag7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ag77 or the immigration laws of a ,state or a political subdivision of a ,state4 #aaa4 ,criminal alien identification program 7a7 ,continuation and expansion 7#a7 ,in general ,the ,secretary shall continue to operate and implement a program that-- 7,a7 identifies removable criminal aliens in ,federal and ,state correctional facilities2 7,b7 ensures such aliens are not released into the community2 and 7,c7 removes such aliens from the ,united ,states after the completion of their sentences4 7#b7 ,expansion ,the program shall be extended to all ,states4 ,any ,state that receives ,federal funds for the incarceration of criminal aliens 7pursuant to the ,state ,criminal ,alien ,assistance ,program authorized under section #bda7;i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;i77 or other similar program7 shall-- 7,a7 cooperate with officials of the program2 7,b7 expeditiously and systematically identify criminal aliens in its prison and jail populations2 and 7,c7 promptly convey such information to officials of such program as a condition of receiving such funds4 7b7 ,authorization for detention after completion of ,state or local prison sentence ,law enforcement officers of a ,state1 or of a political subdivision of a ,state1 are authorized to-- 7#a7 hold a criminal alien for a period of up to #ad days after the alien has completed the alien's sentence under ,state or local law in order to effectuate the transfer of the alien to ,federal custody when the alien is inadmissible or deportable2 or 7#b7 issue a detainer that would allow aliens who have served a prison sentence under ,state or local law to be detained by the ,state or local prison or jail until the ,secretary can take the alien into custody4 7c7 ,technology usage ,technology1 such as video conferencing1 shall be used to the maximum extent practicable in order to make the program available in remote locations4 ,mobile access to ,federal databases of aliens and live scan technology shall be used to the maximum extent practicable in order to make these resources available to ,state and local law enforcement agencies in remote locations4 7d7 ,effective date ,this section shall take effect of the date of the enactment of this ,act1 except that subsection 7a77#b7 shall take effect on the date that is #ahj days after such date4 #aab4 ,clarification of congressional intent ,section #bhg7;g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aceg7;g77 is amended-- 7#a7 in paragraph 7#a7 by striking may enter and all that follows through the period at the end and inserting the following3 shall enter into a written agreement with a ,state1 or any political subdivision of a ,state1 upon request of the ,state or political subdivision1 pursuant to which an officer or employee of the ,state or subdivision1 who is determined by the ,secretary to be qualified to perform a function of an immigration officer in relation to the investigation1 apprehension1 or detention of aliens in the ,united ,states 7including the transportation of such aliens across ,state lines to detention centers71 may carry out such function at the expense of the ,state or political subdivision and to extent consistent with ,state and local law4 ,no request from a bona fide ,state or political subdivision or bona fide law enforcement agency shall be denied absent good cause4 ,no limit on the number of agreements under this subsection may be imposed4 ,the ,secretary shall process requests for such agreements with all due haste1 and in no case shall take not more than #ij days from the date the request is made until the agreement is consummated42 7#b7 by redesignating paragraph 7#b7 as paragraph 7#e7 and paragraphs 7#c7 through 7#aj7 as paragraphs 7#g7 through 7#ad71 respectively2 7#c7 by inserting after paragraph 7#a7 the following3 7#b7 ,an agreement under this subsection shall accommodate a requesting ,state or political subdivision with respect to the enforcement model or combination of models1 and shall accommodate a patrol model1 task force model1 jail model1 any combination thereof1 or any other reasonable model the ,state or political subdivision believes is best suited to the immigration enforcement needs of its jurisdiction4 7#c7 ,no ,federal program or technology directed broadly at identifying inadmissible or deportable aliens shall substitute for such agreements1 including those establishing a jail model1 and shall operate in addition to any agreement under this subsection4 7#d7 7,a7 ,no agreement under this subsection shall be terminated without good cause4 7,b7 7i7 ,the ,secretary shall provide a ,state or political subdivision written notice of intent to terminate at least #ahj days prior to date of intended termination1 and the notice shall fully explain the grounds for termination1 along with providing evidence substantiating the ,secretary's allegations4 7ii7 ,the ,state or political subdivision shall have the right to a hearing before an administrative law judge and1 if the ruling is against the ,state or political subdivision1 to appeal the ruling to the ,federal ,circuit ,court of ,appeals and1 if the ruling is against the ,state or political subdivision1 to the ,supreme ,court4 7,c7 ,the agreement shall remain in full effect during the course of any and all legal proceedings4 2 and 7#d7 by inserting after paragraph 7#e7 7as redesignated7 the following3 7#f7 ,the ,secretary of ,homeland ,security shall make training of ,state and local law enforcement officers available through as many means as possible1 including through residential training at the ,center for ,domestic ,preparedness and the ,federal ,law ,enforcement ,training ,center1 onsite training held at ,state or local police agencies or facilities1 online training courses by computer1 teleconferencing1 and videotape1 or the digital video display 7,,dvd7 of a training course or courses4 ,distance learning through a secure1 encrypted distributed learning system that has all its servers based in the ,united ,states1 is scalable1 survivable1 and can have a portal in place not later than #cj days after the date of the enactment of this ,act1 shall be made available by the ,,cops ,office of the ,department of ,justice and the ,federal ,law ,enforcement ,training ,center ,distributed ,learning ,program for ,state and local law enforcement personnel4 ,preference shall be given to private sector-based web-based immigration enforcement training programs for which the ,federal ,government has already provided support to develop4 4 #aac4 ,state criminal alien assistance program 7,,scaap7 ,section #bda7;i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;i77 is amended-- 7#a7 by striking ,attorney ,general the first place such term appears and inserting ,secretary of ,homeland ,security2 7#b7 by striking ,attorney ,general each place such term appears thereafter and inserting ,secretary2 7#c7 in paragraph 7#c77;,a71 by inserting charged with or before convicted2 and 7#d7 by amending paragraph 7#e7 to read as follows3 7#e7 ,there are authorized to be appropriated to carry out this subsection such sums as may be necessary for fiscal year #bjad and each subsequent fiscal year4 4 #aad4 ,state violations of enforcement of immigration laws 7a7 ,in general ,section #fdb of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acgc7 is amended-- 7#a7 by striking ,immigration and ,naturalization ,service in each place it appears and inserting ,department of ,homeland ,security2 7#b7 in subsection 7a71 by striking may and inserting shall2 7#c7 in subsection 7b7-- 7,a7 by striking no person or agency may and inserting a person or agency shall not2 7,b7 by striking doing any of the following with respect to information and inserting undertaking any of the following law enforcement activities2 and 7,c7 by striking paragraphs 7#a7 through 7#c7 and inserting the following3 7#a7 ,notifying the ,federal ,government regarding the presence of inadmissible and deportable aliens who are encountered by law enforcement personnel of a ,state or political subdivision of a ,state4 7#b7 ,complying with requests for information from ,federal law enforcement4 7#c7 ,complying with detainers issued by the ,department of ,homeland ,security4 7#d7 ,issuing policies in the form of a resolutions1 ordinances1 administrative actions1 general or special orders1 or departmental policies that violate ,federal law or restrict a ,state or political subdivision of a ,state from complying with ,federal law or coordinating with ,federal law enforcement4 2 and 7#d7 by adding at the end the following3 7d7 ,compliance 7#a7 ,in general ,a ,state1 or a political subdivision of a ,state1 that has in effect a statute1 policy1 or practice that prohibits law enforcement officers of the ,state1 or of a political subdivision of the ,state1 from assisting or cooperating with ,federal immigration law enforcement in the course of carrying out the officers' routine law enforcement duties shall not be eligible to receive-- 7,a7 any of the funds that would otherwise be allocated to the ,state or political subdivision under section #bda7;i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;i77 or the ,cops on the ,beat program under part ,q of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgif;dd et seq472 or 7,b7 any other law enforcement or ,department of ,homeland ,security grant4 7#b7 ,annual determination ,the ,secretary shall determine annually which ,state or political subdivision of a ,state are not in compliance with section and shall report such determinations to ,congress on ,march #a of each year4 7#c7 ,reports ,the ,attorney ,general shall issue a report concerning the compliance of any particular ,state or political subdivision at the request of the ,house or ,senate ,judiciary ,committee4 ,any jurisdiction that is found to be out of compliance shall be ineligible to receive ,federal financial assistance as provided in paragraph 7#a7 for a minimum period of #a year1 and shall only become eligible again after the ,attorney ,general certifies that the jurisdiction is in compliance4 7#d7 ,reallocation ,any funds that are not allocated to a ,state or to a political subdivision of a ,state1 due to the failure of the ,state1 or of the political subdivision of the ,state1 to comply with subsection 7c7 shall be reallocated to ,states1 or to political subdivisions of ,states1 that comply with such subsection4 7e7 ,construction ,nothing in this section shall require law enforcement officials from ,states1 or from political subdivisions of ,states1 to report or arrest victims or witnesses of a criminal offense4 4 7b7 ,effective date ,the amendments made by this section shall take effect on the date of the enactment of this ,act1 except that subsection 7d7 of section #fdb of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acgc71 as added by this section1 shall take effect beginning one year after the date of the enactment of this ,act4 #aae4 ,clarifying the authority of ,,ice detainers ,except as otherwise provided by ,federal law or rule of procedure1 the ,secretary of ,homeland ,security shall execute all lawful writs1 process1 and orders issued under the authority of the ,united ,states1 and shall command all necessary assistance to execute the ,secretary's duties4 ,,ii ,national ,security #bja4 ,removal of1 and denial of benefits to1 terrorist aliens 7a7 ,asylum ,section #bjh7;b77#b77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;b77#b77;,a77 is amended-- 7#a7 by inserting or the ,secretary of ,homeland ,security after if the ,attorney ,general2 and 7#b7 by amending clause 7v7 to read as follows3 7v7 the alien is described in subparagraph 7,b77i7 or 7,f7 of section #bab7;a77#c71 unless1 in the case of an alien described in subparagraph 7,,iv71 7,v71 or 7,,ix7 of section #bab7;a77#c77;,b77i71 the ,secretary of ,homeland ,security or the ,attorney ,general determines1 in the discretion of the ,secretary or the ,attorney ,general1 that there are not reasonable grounds for regarding the alien as a danger to the security of the ,united ,states2 or 4 7b7 ,cancellation of removal ,section #bdj;,a7c77#d7 of such ,act 7#h ,u4,s4,c4 #abbi;b7c77#d77 is amended-- 7#a7 by striking inadmissible under and inserting described in2 and 7#b7 by striking deportable under and inserting described in4 7c7 ,voluntary departure ,section #bdj;,b7b77#a77;,c7 of such ,act 7#h ,u4,s4,c4 #abbi;c7b77#a77;,c77 is amended by striking deportable under section #bcg7;a77#b77;,a77iii7 or section #bcg7;a77#d72 and inserting described in paragraph 7#b77;,a77iii7 or 7#d7 of section #bcg7;a724 7d7 ,restriction on removal ,section #bda7;b77#c77;,b7 of such ,act 7#h ,u4,s4,c4 #abca7;b77#c77;,b77 is amended-- 7#a7 by inserting or the ,secretary of ,homeland ,security after ,attorney ,general wherever that term appears2 7#b7 in clause 7iii71 by striking or at the end2 7#c7 in clause 7iv71 by striking the period at the end and inserting 2 or2 7#d7 by inserting after clause 7iv7 the following3 7v7 the alien is described in subparagraph 7,b77i7 or 7,f7 of section #bab7;a77#c71 unless1 in the case of an alien described in subparagraph 7,,iv71 7,v71 or 7,,ix7 of section #bab7;a77#c77;,b77i71 the ,secretary of ,homeland ,security or the ,attorney ,general determines1 in discretion of the ,secretary or the ,attorney ,general1 that there are not reasonable grounds for regarding the alien as a danger to the security of the ,united ,states4 2 and 7#e7 by striking the final sentence4 7e7 ,record of admission 7#a7 ,in general ,section #bdi of such ,act 7#h ,u4,s4,c4 #abei7 is amended to read as follows3 #bdi4 ,record of admission for permanent residence in the case of certain aliens who entered the ,united ,states prior to ,january #a1 #aigb ,the ,secretary of ,homeland ,security1 in the discretion of the ,secretary and under such regulations as the ,secretary may prescribe1 may enter a record of lawful admission for permanent residence in the case of any alien1 if no such record is otherwise available and the alien-- 7#a7 entered the ,united ,states before ,january #a1 #aigb2 7#b7 has continuously resided in the ,united ,states since such entry2 7#c7 has been a person of good moral character since such entry2 7#d7 is not ineligible for citizenship2 7#e7 is not described in paragraph 7#a77;,a77iv71 7#b71 7#c71 7#f77;,c71 7#f77;,e71 or 7#h7 of section #bab7;a72 and 7#f7 did not1 at any time1 without reasonable cause fail or refuse to attend or remain in attendance at a proceeding to determine the alien's inadmissibility or deportability4 ,such recordation shall be effective as of the date of approval of the application or as of the date of entry if such entry occurred prior to ,july #a1 #aibd4 4 7#b7 ,clerical amendment ,the table of contents for such ,act is amended by amending the item relating to section #bdi to read as follows3 ,sec4 #bdi4 ,record of admission for permanent residence in the case of certain aliens who entered the ,united ,states prior to ,january #a1 #aigb4 4 7f7 ,effective date ,the amendments made by this section shall take effect on the date of enactment of this ,act and sections #bjh7;b77#b77;,a71 #bab7;a71 #bdj;,a1 #bdj;,b1 #bda7;b77#c71 and #bdi of the ,immigration and ,nationality ,act1 as so amended1 shall apply to-- 7#a7 all aliens in removal1 deportation1 or exclusion proceedings2 7#b7 all applications pending on1 or filed after1 the date of the enactment of this ,act2 and 7#c7 with respect to aliens and applications described in paragraph 7#a7 or 7#b7 of this subsection1 acts and conditions constituting a ground for exclusion1 deportation1 or removal occurring or existing before1 on1 or after the date of the enactment of this ,act4 #bjb4 ,terrorist bar to good moral character 7a7 ,definition of good moral character ,section #aja7;f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;f77 is amended-- 7#a7 by redesignating paragraphs 7#a7 through 7#i7 as paragraphs 7#b7 through 7#aj71 respectively2 7#b7 by inserting after paragraph 7#a7 the following3 7#b7 one who the ,secretary of ,homeland ,security or ,attorney ,general determines to have been at any time an alien described in section #bab7;a77#c7 or #bcg7;a77#d71 which determination may be based upon any relevant information or evidence1 including classified1 sensitive1 or national security information2 2 7#c7 in paragraph 7#i7 7as redesignated71 by inserting 1 regardless whether the crime was classified as an aggravated felony at the time of conviction1 except that the ,secretary of ,homeland ,security or ,attorney ,general may1 in the unreviewable discretion of the ,secretary or ,attorney ,general1 determine that this paragraph shall not apply in the case of a single aggravated felony conviction 7other than murder1 manslaughter1 homicide1 rape1 or any sex offense when the victim of such sex offense was a minor7 for which completion of the term of imprisonment or the sentence 7whichever is later7 occurred #aj or more years prior to the date of application after 7as defined in subsection 7a77#dc772 and 7#d7 by striking the first sentence the follows paragraph 7#aj7 7as redesignated7 and inserting following3 ,the fact that any person is not within any of the foregoing classes shall not preclude a discretionary finding for other reasons that such a person is or was not of good moral character4 ,the ,secretary or the ,attorney ,general shall not be limited to the applicant's conduct during the period for which good moral character is required1 but may take into consideration as a basis for determination the applicant's conduct and acts at any time4 7b7 ,aggravated felons ,section #eji7;b7 of the ,immigration ,act of #aiij 7#h ,u4,s4,c4 #aaja note7 is amended to read as follows3 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on ,november #bi1 #aiij1 and shall apply to convictions occurring before1 on or after such date4 4 7c7 ,technical correction to the ,intelligence ,reform ,act ,section #eejd7b7 of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7,public ,law #ajh-deh7 is amended by striking adding at the end and inserting inserting after paragraph 7#h74 7d7 ,effective date ,the amendments made by subsections 7a7 and 7b7 shall take effect on the date of enactment of this ,act1 shall apply to any act that occurred before1 on1 or after such date and shall apply to any application for naturalization or any other benefit or relief1 or any other case or matter under the immigration laws pending on or filed after such date4 ,the amendments made by subsection 7c7 shall take effect as if enacted in the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7,public ,law #ajh-deh74 #bjc4 ,terrorist bar to naturalization 7a7 ,naturalization of persons endangering the national security ,section #caf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adbf7 is amended by adding at the end the following3 7g7 ,persons endangering the national security ,no person shall be naturalized who the ,secretary of ,homeland ,security determines to have been at any time an alien described in section #bab7;a77#c7 or #bcg7;a77#d74 ,such determination may be based upon any relevant information or evidence1 including classified1 sensitive1 or national security information4 4 7b7 ,concurrent naturalization and removal proceedings ,section #cah of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adbi7 is amended by striking other ,act2 and inserting other ,act2 and no application for naturalization shall be considered by the ,secretary of ,homeland ,security or any court if there is pending against the applicant any removal proceeding or other proceeding to determine the applicant's inadmissibility or deportability1 or to determine whether the applicant's lawful permanent resident status should be rescinded1 regardless of when such proceeding was commenced3 ,provided1 ,that the findings of the ,attorney ,general in terminating removal proceedings or in canceling the removal of an alien pursuant to the provisions of this ,act1 shall not be deemed binding in any way upon the ,secretary of ,homeland ,security with respect to the question of whether such person has established his eligibility for naturalization as required by this title24 7c7 ,pending denaturalization or removal proceedings ,section #bjd7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7;b77 is amended by adding at the end the following3 ,no petition shall be approved pursuant to this section if there is any administrative or judicial proceeding 7whether civil or criminal7 pending against the petitioner that could 7whether directly or indirectly7 result in the petitioner's denaturalization or the loss of the petitioner's lawful permanent resident status44 7d7 ,conditional permanent residents ,sections #baf7;e7 and section #baf;,a7e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahf;a7e7 and #aahf;b7e77 are each amended by striking the period at the end and inserting 1 if the alien has had the conditional basis removed pursuant to this section44 7e7 ,district court jurisdiction ,subsection #ccf7;b7 of the ,immigration and ,nationality ,act1 #h ,u4,s4,c4 #addg7;b71 is amended to read as follows3 7b7 ,if there is a failure to render a final administrative decision under section #cce before the end of the #ahj-;day period after the date on which the ,secretary of ,homeland ,security completes all examinations and interviews conducted under such section1 as such terms are defined by the ,secretary of ,homeland ,security pursuant to regulations1 the applicant may apply to the district court for the district in which the applicant resides for a hearing on the matter4 ,such court shall only have jurisdiction to review the basis for delay and remand the matter to the ,secretary of ,homeland ,security for the ,secretary's determination on the application4 4 7f7 ,conforming amendment ,section #caj7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adba7;c77 is amended-- 7#a7 by inserting 1 not later than the date that is #abj days after the ,secretary of ,homeland ,security's final determination1 after seek2 and 7#b7 by striking the second sentence and inserting the following3 ,the burden shall be upon the petitioner to show that the ,secretary's denial of the application was not supported by facially legitimate and bona fide reasons4 ,except in a proceeding under section #cdj1 notwithstanding any other provision of law 7statutory or nonstatutory71 including section #bbda of title #bh1 ,united ,states ,code1 or any other habeas corpus provision1 and sections #acfa and #afea of such title1 no court shall have jurisdiction to determine1 or to review a determination of the ,secretary made at any time regarding1 whether1 for purposes of an application for naturalization1 an alien is a person of good moral character1 whether the alien understands and is attached to the principles of the ,constitution of the ,united ,states1 or whether an alien is well disposed to the good order and happiness of the ,united ,states44 7g7 ,effective date ,the amendments made by this section shall take effect on the date of enactment of this ,act1 shall apply to any act that occurred before1 on1 or after such date1 and shall apply to any application for naturalization or any other case or matter under the immigration laws pending on1 or filed after1 such date4 #bjd4 ,denaturalization for terrorists 7a7 ,in general ,section #cdj of the ,immigration and ,nationality ,act is amended-- 7#a7 by redesignating subsections 7f7 through 7h7 as subsections 7g7 through 7i71 respectively2 and 7#b7 by inserting after subsection 7e7 the following3 7f7 7#a7 ,if a person who has been naturalized participates in any act described in paragraph 7#b71 the ,attorney ,general is authorized to find that1 as of the date of such naturalization1 such person was not attached to the principles of the ,constitution of the ,united ,states and was not well disposed to the good order and happiness of the ,united ,states at the time of naturalization1 and upon such finding shall set aside the order admitting such person to citizenship and cancel the certificate of naturalization as having been obtained by concealment of a material fact or by willful misrepresentation1 and such revocation and setting aside of the order admitting such person to citizenship and such canceling of certificate of naturalization shall be effective as of the original date of the order and certificate1 respectively4 7#b7 ,the acts described in this paragraph are the following3 7,a7 ,any activity a purpose of which is the opposition to1 or the control or overthrow of1 the ,government of the ,united ,states by force1 violence1 or other unlawful means4 7,b7 ,engaging in a terrorist activity 7as defined in clauses 7iii7 and 7iv7 of section #bab7;a77#c77;,b774 7,c7 ,incitement of terrorist activity under circumstances indicating an intention to cause death or serious bodily harm4 7,d7 ,receiving military-type training 7as defined in section #bcci;,d7c77#a7 of title #ah1 ,united ,states ,code7 from or on behalf of any organization that1 at the time the training was received1 was a terrorist organization 7as defined in section #bab7;a77#c77;,b77vi774 4 7b7 ,effective date ,the amendments made by subsection 7a7 shall take effect on the date of the enactment of this ,act and shall apply to acts that occur on or after such date4 #bje4 ,use of #aihf ,,irca legalization information for national security purposes 7a7 ,special agricultural workers ,section #baj7;b77#f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aafj7;b77#f77 is amended-- 7#a7 by striking ,attorney ,general each place such term appears and inserting ,secretary of ,homeland ,security2 7#b7 in subparagraph 7,a71 by striking ,department of ,justice1 and inserting ,department of ,homeland ,security12 7#c7 by redesignating subparagraphs 7,c7 and 7,d7 as subparagraphs 7,d7 and 7,e71 respectively2 7#d7 by inserting after subparagraph 7,b7 the following3 7,c7 ,authorized disclosures 7i7 ,census purpose ,the ,secretary of ,homeland ,security may provide1 in his discretion1 for the furnishing of information furnished under this section in the same manner and circumstances as census information may be disclosed under section #h of title #ac1 ,united ,states ,code4 7ii7 ,national security purpose ,the ,secretary of ,homeland ,security may provide1 in his discretion1 for the furnishing1 use1 publication1 or release of information furnished under this section in any investigation1 case1 or matter1 or for any purpose1 relating to terrorism1 national intelligence or the national security4 2 and 7#e7 in subparagraph 7,d71 as redesignated1 by striking ,service and inserting ,department of ,homeland ,security4 7b7 ,adjustment of status under the ,immigration ,reform and ,control ,act of #aihf ,section #bde;,a7c77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee;a7c77#e771 is amended-- 7#a7 by striking ,attorney ,general each place such term appears and inserting ,secretary of ,homeland ,security2 7#b7 in subparagraph 7,a71 by striking ,department of ,justice1 and inserting ,department of ,homeland ,security12 7#c7 by amending subparagraph 7,c7 to read as follows3 7,c7 ,authorized disclosures 7i7 ,census purpose ,the ,secretary of ,homeland ,security may provide1 in his discretion1 for the furnishing of information furnished under this section in the same manner and circumstances as census information may be disclosed under section #h of title #ac1 ,united ,states ,code4 7ii7 ,national security purpose ,the ,secretary of ,homeland ,security may provide1 in his discretion1 for the furnishing1 use1 publication1 or release of information furnished under this section in any investigation1 case1 or matter1 or for any purpose1 relating to terrorism1 national intelligence or the national security4 2 and 7#d7 in subparagraph 7,d71 striking ,service and inserting ,department of ,homeland ,security4 #bjf4 ,background and security checks 7a7 ,requirement ,to complete background and security checks ,section #ajc of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aajc7 is amended by adding at the end the following3 7h7 ,notwithstanding any other provision of law 7statutory or nonstatutory71 including but not limited to section #cji of ,public ,law #ajg-agc1 sections #acfa and #afea of title #bh1 ,united ,states ,code1 and section #gjf7a7 of title #e1 ,united ,states ,code1 neither the ,secretary of ,homeland ,security1 the ,attorney ,general1 nor any court may-- 7#a7 grant1 or order the grant of or adjudication of an application for adjustment of status to that of an alien lawfully admitted for permanent residence2 7#b7 grant1 or order the grant of or adjudication of an application for ,united ,states citizenship or any other status1 relief1 protection from removal1 employment authorization1 or other benefit under the immigration laws2 7#c7 grant1 or order the grant of or adjudication of1 any immigrant or nonimmigrant petition2 or 7#d7 issue or order the issuance of any documentation evidencing or related to any such grant1 until such background and security checks as the ,secretary may in his discretion require have been completed or updated to the satisfaction of the ,secretary4 7i7 ,notwithstanding any other provision of law 7statutory or nonstatutory71 including but not limited to section #cji of ,public ,law #ajg-agc1 sections #acfa and #afea of title #bh1 ,united ,states ,code1 and section #gjf7a7 of title #e1 ,united ,states ,code1 neither the ,secretary of ,homeland ,security nor the ,attorney ,general may be required to-- 7#a7 grant1 or order the grant of or adjudication of an application for adjustment of status to that of an alien lawfully admitted for permanent residence1 7#b7 grant1 or order the grant of or adjudication of an application for ,united ,states citizenship or any other status1 relief1 protection from removal1 employment authorization1 or other benefit under the immigration laws1 7#c7 grant1 or order the grant of or adjudication of1 any immigrant or nonimmigrant petition1 or 7#d7 issue or order the issuance of any documentation evidencing or related to any such grant1 until any suspected or alleged materially false information1 material misrepresentation or omission1 concealment of a material fact1 fraud or forgery1 counterfeiting1 or alteration1 or falsification of a document1 as determined by the ,secretary1 relating to the adjudication of an application or petition for any status 7including the granting of adjustment of status71 relief1 protection from removal1 or other benefit under this subsection has been investigated and resolved to the ,secretary's satisfaction4 7j7 ,notwithstanding any other provision of law 7statutory or nonstatutory71 including section #cji of the ,enhanced ,border ,security and ,visa ,entry ,reform ,act 7#h ,u4,s4,c4 #agch71 sections #acfa and #afea of title #bh1 ,united ,states ,code1 and section #gjf7a7 of title #e1 ,united ,states ,code1 no court shall have jurisdiction to require any of the acts in subsection 7h7 or 7i7 to be completed by a certain time or award any relief for failure to complete or delay in completing such acts4 4 7b7 ,construction 7#a7 ,in general ,chapter #d of title ,,iii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aeja et seq47 is amended by adding at the end the following3 #cfb4 ,construction 7a7 ,in general ,nothing in this ,act or any other law1 except as provided in subsection 7d71 shall be construed to require the ,secretary of ,homeland ,security1 the ,attorney ,general1 the ,secretary of ,state1 the ,secretary of ,labor1 or a consular officer to grant any application1 approve any petition1 or grant or continue any relief1 protection from removal1 employment authorization1 or any other status or benefit under the immigration laws by1 to1 or on behalf of-- 7#a7 any alien deemed by the ,secretary to be described in section #bab7;a77#c7 or section #bcg7;a77#d72 or 7#b7 any alien with respect to whom a criminal or other proceeding or investigation is open or pending 7including1 but not limited to1 issuance of an arrest warrant1 detainer1 or indictment71 where such proceeding or investigation is deemed by the official described in subsection 7a7 to be material to the alien's eligibility for the status or benefit sought4 7b7 ,denial or withholding of adjudication ,an official described in subsection 7a7 may1 in the discretion of the official1 deny 7with respect to an alien described in paragraph 7#a7 or 7#b7 of subsection 7a77 or withhold adjudication of pending resolution of the investigation or case 7with respect to an alien described in subsection 7a77#b7 of this section7 any application1 petition1 relief1 protection from removal1 employment authorization1 status or benefit4 7c7 ,jurisdiction ,notwithstanding any other provision of law 7statutory or nonstatutory71 including section #cji of the ,enhanced ,border ,security and ,visa ,entry ,reform ,act 7#h ,u4,s4,c4 #agch71 sections #acfa and #afea of title #bh1 ,united ,states ,code1 and section #gjf7a7 of title #e1 ,united ,states ,code1 no court shall have jurisdiction to review a decision to deny or withhold adjudication pursuant to subsection 7b7 of this section4 7d7 ,withholding of ,removal and ,torture ,convention ,this section does not limit or modify the applicability of section #bda7;b77#c7 or the ,united ,nations ,convention ,against ,torture and ,other ,cruel1 ,inhuman or ,degrading ,treatment or ,punishment1 subject to any reservations1 understandings1 declarations and provisos contained in the ,united ,states ,senate resolution of ratification of the ,convention1 as implemented by section #bbdb of the ,foreign ,affairs ,reform and ,restructuring ,act of #aiih 7,public ,law #aje-bgg7 with respect to an alien otherwise eligible for protection under such provisions4 4 7#b7 ,clerical amendment ,the table of contents for such ,act is amended by inserting after the item relating to section #cfa the following3 #cfb4 ,construction4 4 7c7 ,effective date ,the amendments made by this section shall take effect on the date of the enactment of this ,act and shall apply to applications for immigration benefits pending on or after such date4 #bjg4 ,technical amendments relating to the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7a7 ,transit ,without ,visa program ,section #gbji7;d7 of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#h ,u4,s4,c4 #aahe note7 is amended by striking the ,secretary1 in conjunction with the ,secretary of ,homeland ,security1 and inserting the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,state14 7b7 ,technology acquisition and dissemination plan ,section #gbja7;c77#a7 of such ,act is amended by inserting and the ,department of ,state after used by the ,department of ,homeland ,security4 ,,iii ,removal of ,criminal ,aliens #cja4 ,definition of aggravated felony and conviction 7a7 ,definition of aggravated felony ,section #aja7;a77#dc7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#dc77 is amended-- 7#a7 by striking ,the term aggravated felony means-- and inserting ,notwithstanding any other provision of law1 the term aggravated felony applies to an offense described in this paragraph1 whether in violation of ,federal or ,state law1 or in violation of the law of a foreign country for which the term of imprisonment was completed within the previous #ae years1 even if the length of the term of imprisonment for the offense is based on recidivist or other enhancements and regardless of whether the conviction was entered before1 on1 or after ,september #cj1 #aiif1 and means--2 7#b7 in subparagraph 7,a71 by striking murder1 rape1 or sexual abuse of a minor2 and inserting murder1 manslaughter1 homicide1 rape 7whether the victim was conscious or unconscious71 or any offense of a sexual nature involving a victim under the age of #ah years22 7#c7 in subparagraph 7,i71 by striking or #bbeb and inserting #bbeb1 or #bbeb;,a4 7#d7 in subparagraph 7,f71 by striking at least one year2 and inserting is at least one year1 except that if the conviction records do not conclusively establish whether a crime constitutes a crime of violence1 the ,attorney ,general may consider other evidence related to the conviction that clearly establishes that the conduct for which the alien was engaged constitutes a crime of violence2 7#e7 in subparagraph 7,n71 by striking paragraph 7#a77;,a7 or 7#b7 of2 7#f7 in subparagraph 7,o71 by striking section #bge7;a7 or #bgf committed by an alien who was previously deported on the basis of a conviction for an offense described in another subparagraph of this paragraph and inserting section #bge or #bgf for which the term of imprisonment is at least #a year2 7#g7 in subparagraph 7,u71 by striking an attempt or conspiracy to commit an offense described in this paragraph and inserting attempting or conspiring to commit an offense described in this paragraph1 or aiding1 abetting1 counseling1 procuring1 commanding1 inducing1 or soliciting the commission of such an offense42 and 7#h7 by striking the undesignated matter following subparagraph 7,u74 7b7 ,definition of conviction ,section #aja7;a77#dh7 of such ,act 7#h ,u4,s4,c4 #aaja7;a77#dh77 is amended by adding at the end the following3 7,c7 ,any reversal1 vacatur1 expungement1 or modification to a conviction1 sentence1 or conviction record that was granted to ameliorate the consequences of the conviction1 sentence1 or conviction record1 or was granted for rehabilitative purposes1 or for failure to advise the alien of the immigration consequences of a guilty plea or a determination of guilt1 shall have no effect on the immigration consequences resulting from the original conviction4 ,the alien shall have the burden of demonstrating that any reversal1 vacatur1 expungement1 or modification was not granted to ameliorate the consequences of the conviction1 sentence1 or conviction record1 for rehabilitative purposes1 or for failure to advise the alien of the immigration consequences of a guilty plea or a determination of guilt1 except where the alien establishes a pardon consistent with section #bcg7;a77#b77;,a77vi74 4 7c7 ,effective date2 application of amendments 7#a7 ,in general ,the amendments made by subsection 7a7-- 7,a7 shall take effect on the date of the enactment of this ,act2 and 7,b7 shall apply to any act or conviction that occurred before1 on1 or after such date4 7#b7 ,application of ,,iirira amendments ,the amendments to section #aja7;a77#dc7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#dc77 made by section #cba of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7division ,c of ,public ,law #ajd-bjh2 #aaj ,stat4 #cjji-fbg7 shall continue to apply1 whether the conviction was entered before1 on1 or after ,september #cj1 #aiif4 #cjb4 ,precluding admissibility of aliens convicted of aggravated felonies or other serious offenses 7a7 ,inadmissibility on criminal and related grounds2 waivers ,section #bab of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7 is amended-- 7#a7 in subparagraph 7a77#b77;,a77i7-- 7,a7 in subclause 7,i71 by striking or at the end2 7,b7 in subclause 7,,ii71 by adding or at the end2 and 7,c7 by inserting after subclause 7,,ii7 the following3 7,,iii7 a violation of 7or a conspiracy or attempt to violate7 an offense described in section #djh of title #db1 ,united ,states ,code 7relating to social security account numbers or social security cards7 or section #ajbh of title #ah1 ,united ,states ,code 7relating to fraud and related activity in connection with identification documents1 authentication features1 and information72 4 7#b7 by adding at the end of subsection 7a77#b7 the following3 7,j7 ,procurement of citizenship or naturalization unlawfully ,any alien convicted of1 or who admits having committed1 or who admits committing acts which constitute the essential elements of1 a violation of1 or an attempt or a conspiracy to violate1 subsection 7a7 or 7b7 of section #adbe of title #ah1 ,united ,states ,code 7relating to the procurement of citizenship or naturalization unlawfully7 is inadmissible4 7,k7 ,certain firearm offenses ,any alien who at any time has been convicted under any law of1 or who admits having committed or admits committing acts which constitute the essential elements of1 purchasing1 selling1 offering for sale1 exchanging1 using1 owning1 possessing1 or carrying1 or of attempting or conspiring to purchase1 sell1 offer for sale1 exchange1 use1 own1 possess1 or carry1 any weapon1 part1 or accessory which is a firearm or destructive device 7as defined in section #iba7;a7 of title #ah1 ,united ,states ,code7 in violation of any law is inadmissible4 7,l7 ,aggravated felons ,any alien who has been convicted of an aggravated felony at any time is inadmissible4 7,m7 ,crimes of domestic violence1 stalking1 or violation of protection orders1 crimes against children 7i7 ,domestic violence1 stalking1 and child abuse ,any alien who at any time is convicted of1 or who admits having committed or admits committing acts which constitute the essential elements of1 a crime of domestic violence1 a crime of stalking1 or a crime of child abuse1 child neglect1 or child abandonment is inadmissible4 ,for purposes of this clause1 the term crime of domestic violence means any crime of violence 7as defined in section #af of title #ah1 ,united ,states ,code7 against a person committed by a current or former spouse of the person1 by an individual with whom the person shares a child in common1 by an individual who is cohabiting with or has cohabited with the person as a spouse1 by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs1 or by any other individual against a person who is protected from that individual's acts under the domestic or family violence laws of the ,united ,states or any ,state1 ,indian tribal government1 or unit of local or foreign government4 7ii7 ,violators of protection orders ,any alien who at any time is enjoined under a protection order issued by a court and whom the court determines has engaged in conduct that violates the portion of a protection order that involves protection against credible threats of violence1 repeated harassment1 or bodily injury to the person or persons for whom the protection order was issued is inadmissible4 ,for purposes of this clause1 the term protection order means any injunction issued for the purpose of preventing violent or threatening acts of domestic violence1 including temporary or final orders issued by civil or criminal courts 7other than support or child custody orders or provisions7 whether obtained by filing an independent action or as a independent order in another proceeding4 7iii7 ,waiver authorized ,the waiver authority available under section #bcg7;a77#g7 with respect to section #bcg7;a77#b77;,e77i7 shall be available on a comparable basis with respect to this subparagraph4 7iv7 ,clarification ,if the conviction records do not conclusively establish whether a crime of domestic violence constitutes a crime of violence 7as defined in section #af of title #ah1 ,united ,states ,code71 the ,attorney ,general may consider other evidence related to the conviction that clearly establishes that the conduct for which the alien was engaged constitutes a crime of violence4 2 and 7#c7 in subsection 7h7-- 7,a7 by striking ,the ,attorney ,general may1 in his discretion1 waive the application of subparagraphs 7,a77i77,i71 7,b71 7,d71 and 7,e7 of subsection 7a77#b7 and inserting ,the ,attorney ,general or the ,secretary of ,homeland ,security may1 in the discretion of the ,attorney ,general or the ,secretary1 waive the application of subparagraphs 7,a77i77,i71 7,,iii71 7,b71 7,d71 7,e71 7,k71 and 7,m7 of subsection 7a77#b72 7,b7 by striking a criminal act involving torture4 and inserting a criminal act involving torture1 or has been convicted of an aggravated felony42 7,c7 by striking if either since the date of such admission the alien has been convicted of an aggravated felony or the alien and inserting if since the date of such admission the alien2 and 7,d7 by inserting or ,secretary of ,homeland ,security after the ,attorney ,general wherever that phrase appears4 7b7 ,deportability2 criminal offenses ,section #bcg7;a77#c77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbg7;a77#c77;,b77 is amended-- 7#a7 in clause 7ii71 by striking or at the end2 7#b7 in clause 7iii71 by inserting or at the end2 and 7#c7 by inserting after clause 7iii7 the following3 7iv7 of a violation of1 or an attempt or a conspiracy to violate1 section #adbe7;a7 or 7b7 of ,title #ah 7relating to the procurement of citizenship or naturalization unlawfully71 4 7c7 ,deportability2 criminal offenses ,section #bcg7;a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbg7;a77#b77 is amended by adding at the end the following3 7,g7 ,any alien who at any time after admission has been convicted of a violation of 7or a conspiracy or attempt to violate7 section #djh of title #db1 ,united ,states ,code 7relating to social security account numbers or social security cards7 or section #ajbh of title #ah1 ,united ,states ,code 7relating to fraud and related activity in connection with identification7 is deportable4 4 7d7 ,effective date ,the amendments made by this section shall apply-- 7#a7 to any act that occurred before1 on1 or after the date of the enactment of this ,act2 and 7#b7 to all aliens who are required to establish admissibility on or after such date1 and in all removal1 deportation1 or exclusion proceedings that are filed1 pending1 or reopened1 on or after such date4 7e7 ,construction ,the amendments made by subsection 7a7 shall not be construed to create eligibility for relief from removal under former section #bab7;c7 of the ,immigration and ,nationality ,act where such eligibility did not exist before these amendments became effective4 #cjc4 ,espionage clarification ,section #bab7;a77#c77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#c77;,a771 is amended to read as follows3 7,a7 ,any alien who a consular officer1 the ,attorney ,general1 or the ,secretary of ,homeland ,security knows1 or has reasonable ground to believe1 seeks to enter the ,united ,states to engage solely1 principally1 or incidentally in1 or who is engaged in1 or with respect to clauses 7i7 and 7iii7 of this subparagraph has engaged in-- 7i7 any activity-- 7,i7 to violate any law of the ,united ,states relating to espionage or sabotage2 or 7,,ii7 to violate or evade any law prohibiting the export from the ,united ,states of goods1 technology1 or sensitive information2 7ii7 any other unlawful activity2 or 7iii7 any activity a purpose of which is the opposition to1 or the control or overthrow of1 the ,government of the ,united ,states by force1 violence1 or other unlawful means2 is inadmissible4 4 #cjd4 ,prohibition of the sale of firearms to1 or the possession of firearms by1 certain aliens ,section #ibb of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7d77#e71 in subparagraph 7,b71 by striking 7y77#b7 and all that follows and inserting 7y71 is in the ,united ,states not as an alien lawfully admitted for permanent residence2 7#b7 in subsection 7g77#e71 in subparagraph 7,b71 by striking 7y77#b7 and all that follows and inserting 7y71 is in the ,united ,states not as an alien lawfully admitted for permanent residence2 and 7#c7 in subsection 7y7-- 7,a7 in the header1 by striking admitted under nonimmigrant visas4-- and inserting not lawfully admitted for permanent residence2 7,b7 in paragraph 7#a71 by amending subparagraph 7,b7 to read as follows3 7,b7 the term lawfully admitted for permanent residence has the same meaning as in section #aja7;a77#bj7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bj74 4 7,c7 in paragraph 7#b71 by striking under a nonimmigrant visa and inserting but not lawfully admitted for permanent residence2 and 7,d7 in paragraph 7#c77;,a71 by striking admitted to the ,united ,states under a nonimmigrant visa and inserting lawfully admitted to the ,united ,states but not as an alien lawfully admitted for permanent residence4 #cje4 ,uniform statute of limitations for certain immigration1 naturalization1 and peonage offenses ,section #cbia of title #ah1 ,united ,states ,code1 is amended by striking ,no person through the period at the end and inserting the following3 ,no person shall be prosecuted1 tried1 or punished for a violation of any section of chapters #fi 7relating to nationality and citizenship offenses7 and #ge 7relating to passport1 visa1 and immigration offenses71 or for a violation of any criminal provision of sections #bdc1 #bff1 #bgd1 #bge1 #bgf1 #bgg1 or #bgh of the ,immigration and ,nationality ,act1 or for an attempt or conspiracy to violate any such section1 unless the indictment is returned or the information is filed within ten years after the commission of the offense44 #cjf4 ,conforming amendment to the definition of racketeering activity ,section #aifa7a7 of title #ah1 ,united ,states ,code1 is amended by striking section #aedb through section #aedf 7relating to fraud and misuse of visas1 permits1 and other documents7 and inserting sections #aeda-aedh 7relating to passports and visas74 #cjg4 ,conforming amendments for the aggravated felony definition 7a7 ,in general ,subparagraph 7,p7 of section #aja7;a77#dc7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#dc77 is amended-- 7#a7 by striking 7i7 which either is falsely making1 forging1 counterfeiting1 mutilating1 or altering a passport or instrument in violation of section #aedc of title #ah1 ,united ,states ,code1 or is described in section #aedf7;a7 of such title 7relating to document fraud7 and 7ii7 and inserting which is described in any section of chapter #ge of title #ah1 ,united ,states ,code12 and 7#b7 by inserting after first offense the following3 7i7 that is not described in section #aedh of such title 7relating to increased penalties71 and 7ii74 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on the date of the enactment of this ,act and shall apply to acts that occur before1 on1 or after the date of the enactment of this ,act4 #cjh4 ,precluding refugee or asylee adjustment of status for aggravated felons 7a7 ,in general ,section #bji7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaei7;c77 is amended by adding at the end thereof the following3 ,however1 an alien who is convicted of an aggravated felony is not eligible for a waiver or for adjustment of status under this section44 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply-- 7#a7 to any act that occurred before1 on1 or after the date of the enactment of this ,act2 and 7#b7 to all aliens who are required to establish admissibility on or after such date1 and in all removal1 deportation1 or exclusion proceedings that are filed1 pending1 or reopened1 on or after such date4 #cji4 ,inadmissibility and deportability of drunk drivers 7a7 ,in general ,section #aja7;a77#dc7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#dc77 is amended-- 7#a7 in subparagraph 7,t71 by striking and2 7#b7 in subparagraph 7,u72 by striking the period at the end and inserting 2 and2 and 7#c7 by inserting after subparagraph 7,u7 the following34 7,v7 ,a second conviction for driving while intoxicated 7including a conviction for driving while under the influence of or impaired by alcohol or drugs7 without regard to whether the conviction is classified as a misdemeanor or felony under ,state law4 4 7b7 ,effective date ,the amendments made by subsection 7a7 shall take effect on the date of the enactment of this ,act and apply to convictions entered on or after such date4 #caj4 ,detention of dangerous aliens 7a7 ,in general ,section #bda7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;a77 is amended-- 7#a7 by striking ,attorney ,general each place it appears1 except for the first reference in paragraph 7#d77;,b77i71 and inserting ,secretary of ,homeland ,security2 7#b7 in paragraph 7#a71 by amending subparagraph 7,b7 to read as follows3 7,b7 ,beginning of period ,the removal period begins on the latest of the following3 7i7 ,the date the order of removal becomes administratively final4 7ii7 ,if the alien is not in the custody of the ,secretary on the date the order of removal becomes administratively final1 the date the alien is taken into such custody4 7iii7 ,if the alien is detained or confined 7except under an immigration process7 on the date the order of removal becomes administratively final1 the date the alien is taken into the custody of the ,secretary1 after the alien is released from such detention or confinement4 2 7#c7 in paragraph 7#a71 by amending subparagraph 7,c7 to read as follows3 7,c7 ,suspension of period 7i7 ,extension ,the removal period shall be extended beyond a period of #ij days and the ,secretary may1 in the ,secretary's sole discretion1 keep the alien in detention during such extended period if-- 7,i7 the alien fails or refuses to make all reasonable efforts to comply with the removal order1 or to fully cooperate with the ,secretary's efforts to establish the alien's identity and carry out the removal order1 including making timely application in good faith for travel or other documents necessary to the alien's departure or conspires or acts to prevent the alien's removal that is subject to an order of removal2 7,,ii7 a court1 the ,board of ,immigration ,appeals1 or an immigration judge orders a stay of removal of an alien who is subject to an administratively final order of removal2 7,,iii7 the ,secretary transfers custody of the alien pursuant to law to another ,federal agency or a ,state or local government agency in connection with the official duties of such agency2 or 7,,iv7 a court or the ,board of ,immigration ,appeals orders a remand to an immigration judge or the ,board of ,immigration ,appeals1 during the time period when the case is pending a decision on remand 7with the removal period beginning anew on the date that the alien is ordered removed on remand74 7ii7 ,renewal ,if the removal period has been extended under clause 7,c77i71 a new removal period shall be deemed to have begun on the date-- 7,i7 the alien makes all reasonable efforts to comply with the removal order1 or to fully cooperate with the ,secretary's efforts to establish the alien's identity and carry out the removal order2 7,,ii7 the stay of removal is no longer in effect2 or 7,,iii7 the alien is returned to the custody of the ,secretary4 7iii7 ,mandatory detention for certain aliens ,in the case of an alien described in subparagraphs 7,a7 through 7,d7 of section #bcf7;c77#a71 the ,secretary shall keep that alien in detention during the extended period described in clause 7i74 7iv7 ,sole form of relief ,an alien may seek relief from detention under this subparagraph only by filing an application for a writ of habeas corpus in accordance with chapter #aec of title #bh1 ,united ,states ,code4 ,no alien whose period of detention is extended under this subparagraph shall have the right to seek release on bond4 2 7#d7 in paragraph 7#c7-- 7,a7 by adding after ,if the alien does not leave or is not removed within the removal period the following3 or is not detained pursuant to paragraph 7#f7 of this subsection2 and 7,b7 by striking subparagraph 7,d7 and inserting the following3 7,d7 to obey reasonable restrictions on the alien's conduct or activities that the ,secretary prescribes for the alien1 in order to prevent the alien from absconding1 for the protection of the community1 or for other purposes related to the enforcement of the immigration laws4 2 7#e7 in paragraph 7#d77;,a71 by striking paragraph 7#b7 and inserting subparagraph 7,b72 and 7#f7 by striking paragraph 7#f7 and inserting the following3 7#f7 ,additional rules for detention or release of certain aliens 7,a7 ,detention review process for cooperative aliens established ,for an alien who is not otherwise subject to mandatory detention1 who has made all reasonable efforts to comply with a removal order and to cooperate fully with the ,secretary of ,homeland ,security's efforts to establish the alien's identity and carry out the removal order1 including making timely application in good faith for travel or other documents necessary to the alien's departure1 and who has not conspired or acted to prevent removal1 the ,secretary shall establish an administrative review process to determine whether the alien should be detained or released on conditions4 ,the ,secretary shall make a determination whether to release an alien after the removal period in accordance with subparagraph 7,b74 ,the determination shall include consideration of any evidence submitted by the alien1 and may include consideration of any other evidence1 including any information or assistance provided by the ,secretary of ,state or other ,federal official and any other information available to the ,secretary of ,homeland ,security pertaining to the ability to remove the alien4 7,b7 ,authority to detain beyond removal period 7i7 ,in general ,the ,secretary of ,homeland ,security1 in the exercise of the ,secretary's sole discretion1 may continue to detain an alien for #ij days beyond the removal period 7including any extension of the removal period as provided in paragraph 7#a77;,c774 ,an alien whose detention is extended under this subparagraph shall have no right to seek release on bond4 7ii7 specific circumstances ,the ,secretary of ,homeland ,security1 in the exercise of the ,secretary's sole discretion1 may continue to detain an alien beyond the #ij days authorized in clause 7i7-- 7,i7 until the alien is removed1 if the ,secretary1 in the ,secretary's sole discretion1 determines that there is a significant likelihood that the alien-- 7aa7 will be removed in the reasonably foreseeable future2 or 7bb7 would be removed in the reasonably foreseeable future1 or would have been removed1 but for the alien's failure or refusal to make all reasonable efforts to comply with the removal order1 or to cooperate fully with the ,secretary's efforts to establish the alien's identity and carry out the removal order1 including making timely application in good faith for travel or other documents necessary to the alien's departure1 or conspires or acts to prevent removal2 7,,ii7 until the alien is removed1 if the ,secretary of ,homeland ,security certifies in writing-- 7aa7 in consultation with the ,secretary of ,health and ,human ,services1 that the alien has a highly contagious disease that poses a threat to public safety2 7bb7 after receipt of a written recommendation from the ,secretary of ,state1 that release of the alien is likely to have serious adverse foreign policy consequences for the ,united ,states2 7cc7 based on information available to the ,secretary of ,homeland ,security 7including classified1 sensitive1 or national security information1 and without regard to the grounds upon which the alien was ordered removed71 that there is reason to believe that the release of the alien would threaten the national security of the ,united ,states2 or 7dd7 that the release of the alien will threaten the safety of the community or any person1 conditions of release cannot reasonably be expected to ensure the safety of the community or any person1 and either 7,,aa7 the alien has been convicted of one or more aggravated felonies 7as defined in section #aja7;a77#dc77;,a77 or of one or more crimes identified by the ,secretary of ,homeland ,security by regulation1 or of one or more attempts or conspiracies to commit any such aggravated felonies or such identified crimes1 if the aggregate term of imprisonment for such attempts or conspiracies is at least #e years2 or 7,,bb7 the alien has committed one or more crimes of violence 7as defined in section #af of title #ah1 ,united ,states ,code1 but not including a purely political offense7 and1 because of a mental condition or personality disorder and behavior associated with that condition or disorder1 the alien is likely to engage in acts of violence in the future2 or 7,,iii7 pending a certification under subclause 7,,ii71 so long as the ,secretary of ,homeland ,security has initiated the administrative review process not later than #cj days after the expiration of the removal period 7including any extension of the removal period1 as provided in paragraph 7#a77;,c774 7iii7 ,no right to bond hearing ,an alien whose detention is extended under this subparagraph shall have no right to seek release on bond1 including by reason of a certification under clause 7ii77,,ii74 7,c7 ,renewal and delegation of certification 7i7 ,renewal ,the ,secretary of ,homeland ,security may renew a certification under subparagraph 7,b77ii77,,ii7 every #f months1 after providing an opportunity for the alien to request reconsideration of the certification and to submit documents or other evidence in support of that request4 ,if the ,secretary does not renew a certification1 the ,secretary may not continue to detain the alien under subparagraph 7,b77ii77,,ii74 7ii7 ,delegation ,notwithstanding section #ajc1 the ,secretary of ,homeland ,security may not delegate the authority to make or renew a certification described in item 7bb71 7cc71 or 7dd7 of subparagraph 7,b77ii77,,ii7 below the level of the ,assistant ,secretary for ,immigration and ,customs ,enforcement4 7iii7 ,hearing ,the ,secretary of ,homeland ,security may request that the ,attorney ,general or the ,attorney ,general's designee provide for a hearing to make the determination described in item 7dd77,,bb7 of subparagraph 7,b77ii77,,ii74 7,d7 ,release on conditions ,if it is determined that an alien should be released from detention by a ,federal court1 the ,board of ,immigration ,appeals1 or if an immigration judge orders a stay of removal1 the ,secretary of ,homeland ,security1 in the exercise of the ,secretary's discretion1 may impose conditions on release as provided in paragraph 7#c74 7,e7 ,redetention ,the ,secretary of ,homeland ,security1 in the exercise of the ,secretary's discretion1 without any limitations other than those specified in this section1 may again detain any alien subject to a final removal order who is released from custody1 if removal becomes likely in the reasonably foreseeable future1 the alien fails to comply with the conditions of release1 or to continue to satisfy the conditions described in subparagraph 7,a71 or if1 upon reconsideration1 the ,secretary1 in the ,secretary's sole discretion1 determines that the alien can be detained under subparagraph 7,b74 ,this section shall apply to any alien returned to custody pursuant to this subparagraph1 as if the removal period terminated on the day of the redetention4 7,f7 ,review of determinations by ,secretary ,a determination by the ,secretary under this paragraph shall not be subject to review by any other agency4 4 7b7 ,detention of aliens during removal proceedings 7#a7 ,clerical amendment 7,a7 ,section #bcf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7 is amended by striking ,attorney ,general each place it appears 7except in the second place that term appears in section #bcf7;a77 and inserting ,secretary of ,homeland ,security4 7,b7 ,section #bcf7;a7 of such ,act 7#h ,u4,s4,c4 #abbf7;a77 is amended by inserting the ,secretary of ,homeland ,security or before the ,attorney ,general--4 7,c7 ,section #bcf7;e7 of such ,act 7#h ,u4,s4,c4 #abbf7;e77 is amended by striking ,attorney ,general's and inserting ,secretary of ,homeland ,security's4 7#b7 ,length of detention ,section #bcf of such ,act 7#h ,u4,s4,c4 #abbf7 is amended by adding at the end the following3 7f7 ,length of detention 7#a7 ,in general ,notwithstanding any other provision of this section1 an alien may be detained under this section for any period1 without limitation1 except as provided in subsection 7h71 until the alien is subject to a final order of removal4 7#b7 ,construction ,the length of detention under this section shall not affect detention under section #bda4 4 7#c7 ,detention of criminal aliens ,section #bcf7;c77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7;c77#a77 is amended1 in the matter following subparagraph 7,d7 to read as follows3 any time after the alien is released1 without regard to whether an alien is released related to any activity1 offense1 or conviction described in this paragraph2 to whether the alien is released on parole1 supervised release1 or probation2 or to whether the alien may be arrested or imprisoned again for the same offense4 ,if the activity described in this paragraph does not result in the alien being taken into custody by any person other than the ,secretary1 then when the alien is brought to the attention of the ,secretary or when the ,secretary determines it is practical to take such alien into custody1 the ,secretary shall take such alien into custody4 4 7#d7 ,administrative review ,section #bcf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf71 as amended by paragraph 7#b71 is further amended by adding at the end the following3 7g7 ,administrative review 7#a7 ,in general ,the ,attorney ,general's review of the ,secretary's custody determinations under subsection 7a7 for the following classes of aliens shall be limited to whether the alien may be detained1 released on bond 7of at least #a1ejj with security approved by the ,secretary71 or released with no bond3 7,a7 ,aliens in exclusion proceedings4 7,b7 ,aliens described in section #bab7;a77#c7 or #bcg7;a77#d74 7,c7 ,aliens described in subsection 7c74 7#b7 ,special rule ,the ,attorney ,general's review of the ,secretary's custody determinations under subsection 7a7 for aliens in deportation proceedings subject to section #bdb7;a77#b7 of the ,act 7as in effect prior to ,april #a1 #aiig1 and as amended by section #ddj7;c7 of ,public ,law #ajd-acb7 shall be limited to a determination of whether the alien is properly included in such category4 7h7 ,release on bond 7#a7 ,in general ,an alien detained under subsection 7a7 may seek release on bond4 ,no bond may be granted except to an alien who establishes by clear and convincing evidence that the alien is not a flight risk or a risk to another person or the community4 7#b7 ,certain aliens ineligible ,no alien detained under subsection 7c7 may seek release on bond4 4 7#e7 ,clerical amendments 7,a7 ,section #bcf7;a77#b77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7;a77#b77;,b77 is amended by striking conditional parole and inserting recognizance4 7,b7 ,section #bcf7;b7 of such ,act 7#h ,u4,s4,c4 #abbf7;b77 is amended by striking parole and inserting recognizance4 7c7 ,severability ,if any of the provisions of this section or any amendment by this section1 or the application of any such provision to any person or circumstance1 is held to be invalid for any reason1 the remainder of this section and of amendments made by this section1 and the application of the provisions and of the amendments made by this section to any other person or circumstance shall not be affected by such holding4 7d7 ,effective dates 7#a7 ,the amendments made by subsection 7a7 shall take effect upon the date of enactment of this ,act1 and section #bda of the ,immigration and ,nationality ,act1 as so amended1 shall in addition apply to-- 7,a7 all aliens subject to a final administrative removal1 deportation1 or exclusion order that was issued before1 on1 or after the date of the enactment of this ,act2 and 7,b7 acts and conditions occurring or existing before1 on1 or after such date4 7#b7 ,the amendments made by subsection 7b7 shall take effect upon the date of the enactment of this ,act1 and section #bcf of the ,immigration and ,nationality ,act1 as so amended1 shall in addition apply to any alien in detention under provisions of such section on or after such date4 #caa4 ,grounds of inadmissibility and deportability for alien gang members 7a7 ,definition of gang member ,section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77 is amended by adding at the end the following3 7#ec7 7,a7 ,the term criminal gang means an ongoing group1 club1 organization1 or association of #e or more persons that has as one of its primary purposes the commission of #a or more of the following criminal offenses and the members of which engage1 or have engaged within the past #e years1 in a continuing series of such offenses1 or that has been designated as a criminal gang by the ,secretary of ,homeland ,security1 in consultation with the ,attorney ,general1 as meeting these criteria4 ,the offenses described1 whether in violation of ,federal or ,state law or foreign law and regardless of whether the offenses occurred before1 on1 or after the date of the enactment of this paragraph1 are the following3 7i7 ,a felony drug offense 7as defined in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb774 7ii7 ,an offense under section #bgd 7relating to bringing in and harboring certain aliens71 section #bgg 7relating to aiding or assisting certain aliens to enter the ,united ,states71 or section #bgh 7relating to importation of alien for immoral purpose74 7iii7 ,a crime of violence 7as defined in section #af of title #ah1 ,united ,states ,code74 7iv7 ,a crime involving obstruction of justice1 tampering with or retaliating against a witness1 victim1 or informant1 or burglary4 7v7 ,any conduct punishable under sections #ajbh and #ajbi of title #ah1 ,united ,states ,code 7relating to fraud and related activity in connection with identification documents or access devices71 sections #aeha through #aeid of such title 7relating to peonage1 slavery and trafficking in persons71 section #aieb of such title 7relating to interstate and foreign travel or transportation in aid of racketeering enterprises71 section #aief of such title 7relating to the laundering of monetary instruments71 section #aieg of such title 7relating to engaging in monetary transactions in property derived from specified unlawful activity71 or sections #bcab through #bcae of such title 7relating to interstate transportation of stolen motor vehicles or stolen property74 7vi7 ,a conspiracy to commit an offense described in clauses 7i7 through 7v74 7,b7 ,notwithstanding any other provision of law 7including any effective date71 the term applies regardless of whether the conduct occurred before1 on1 or after the date of the enactment of this paragraph4 4 7b7 ,inadmissibility ,section #bab7;a77#b7 of such ,act 7#h ,u4,s4,c4 #aahb7;a77#b771 as amended by section #cjb7;a77#b7 of this ,act1 is further amended by adding at the end the following3 7,n7 ,aliens associated with criminal gangs ,any alien is inadmissible who a consular officer1 the ,secretary of ,homeland ,security1 or the ,attorney ,general knows or has reason to believe-- 7i7 to be or to have been a member of a criminal gang 7as defined in section #aja7;a77#ec772 or 7ii7 to have participated in the activities of a criminal gang 7as defined in section #aja7;a77#ec771 knowing or having reason to know that such activities will promote1 further1 aid1 or support the illegal activity of the criminal gang4 4 7c7 ,deportability ,section #bcg7;a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbg7;a77#b771 as amended by section #cjb7;c7 of this ,act1 is further amended by adding at the end the following3 7,h7 ,aliens associated with criminal gangs ,any alien is deportable who the ,secretary of ,homeland ,security or the ,attorney ,general knows or has reason to believe-- 7i7 is or has been a member of a criminal gang 7as defined in section #aja7;a77#ec772 or 7ii7 has participated in the activities of a criminal gang 7as so defined71 knowing or having reason to know that such activities will promote1 further1 aid1 or support the illegal activity of the criminal gang4 4 7d7 ,designation 7#a7 ,in general ,chapter #b of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7 is amended by inserting after section #bai the following3 #bbj4 ,designation 7a7 ,in general ,the ,secretary of ,homeland ,security1 in consultation with the ,attorney ,general1 and the ,secretary of ,state may designate a groups or association as a criminal street gangs if their conduct is described in section #aja7;a77#ec7 or if the group or association conduct poses a significant risk that threatens the security and the public safety of ,united ,states nationals or the national security1 homeland security1 foreign policy1 or economy of the ,united ,states4 7b7 ,effective date ,designations under subsection 7a7 shall remain in effect until the designation is revoked after consultation between the ,secretary of ,homeland ,security1 the ,attorney ,general1 and the ,secretary of ,state or is terminated in accordance with ,federal law4 4 7#b7 ,clerical amendment ,the table of contents for such ,act is amended by inserting after the item relating to section #bai the following3 #bbj4 ,designation4 4 7e7 ,mandatory detention of criminal street gang members 7#a7 ,in general ,section #bcf7;c77#a77;,d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7;c77#a77;,d77 is amended-- 7,a7 by inserting or #bab7;a77#b77,n7 after #bab7;a77#c77;,b72 and 7,b7 by inserting or #bcg7;a77#b77;,h7 before #bcg7;a77#d77;,b74 7#b7 ,annual report ,not later than ,march #a of each year 7beginning #a year after the date of the enactment of this ,act71 the ,secretary of ,homeland ,security1 after consultation with the appropriate ,federal agencies1 shall submit a report to the ,committees on the ,judiciary of the ,house of ,representatives and of the ,senate on the number of aliens detained under the amendments made by paragraph 7#a74 7f7 ,asylum claims based on gang affiliation 7#a7 ,inapplicability of restriction on removal to certain countries ,section #bda7;b77#c77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abea7;b77#c77;,b77 is amended1 in the matter preceding clause 7i71 by inserting who is described in section #bab7;a77#b77,n77i7 or section #bcg7;a77#b77;,h77i7 or who is after to an alien4 7#b7 ,ineligibility for asylum ,section #bjh7;b77#b77;,a7 of such ,act 7#h ,u4,s4,c4 #aaeh7;b77#b77;,a77 is amended-- 7,a7 in clause 7v71 by striking or at the end2 7,b7 by redesignating clause 7vi7 as clause 7vii72 and 7,c7 by inserting after clause 7v7 the following3 7vi7 the alien is described in section #bab7;a77#b77,n77i7 or section #bcg7;a77#b77;,h77i7 7relating to participation in criminal street gangs72 or 4 7g7 ,temporary protected status ,section #bdd of such ,act 7#h ,u4,s4,c4 #abed;a7 is amended-- 7#a7 by striking ,attorney ,general each place it appears and inserting ,secretary of ,homeland ,security2 7#b7 in subparagraph 7c77#b77;,b71 by adding at the end the following3 7iii7 the alien is1 or at any time after admission has been1 a member of a criminal gang 7as defined in section #aja7;a77#ec774 2 and 7#c7 in subsection 7d7---- 7,a7 by striking paragraph 7#c72 and 7,b7 in paragraph 7#d71 by adding at the end the following3 ,the ,secretary of ,homeland ,security may detain an alien provided temporary protected status under this section whenever appropriate under any other provision of law44 7h7 ,effective date ,the amendments made by this section shall take effect on the date of the enactment of this ,act and shall apply to acts that occur before1 on1 or after the date of the enactment of this ,act4 #cab4 ,extension of identity theft offenses 7a7 ,fraud and related activities relating to identification documents ,section #ajbh of title #ah1 ,united ,states ,code1 is amended in subsection 7a77#g71 by striking of another person and inserting that is not his or her own4 7b7 ,aggravated identity theft ,section #ajbh;,a7a7 of title #ah1 ,united ,states ,code1 is amended by striking of another person both places it appears and inserting that is not his or her own4 #cac4 ,laundering of monetary instruments 7a7 ,additional predicate offenses ,section #aief7;c77#g77;,d7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by inserting section #aeij 7relating to trafficking with respect to peonage1 slavery1 involuntary servitude1 or forced labor71 after section #acfc 7relating to destruction of property within the special maritime and territorial jurisdiction712 and 7#b7 by inserting section #bgd7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4#acbd7;a77 7relating to bringing in and harboring certain aliens71 after section #eij of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #aeij7 7relating to aviation smuggling714 7b7 ,intent ,to conceal or disguise ,section #aief7;a7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7 so that subparagraph 7,b7 reads as follows3 7,b7 knowing that the transaction-- 7i7 conceals or disguises1 or is intended to conceal or disguise1 the nature1 source1 location1 ownership1 or control of the proceeds of some form of unlawful activity2 or 7ii7 avoids1 or is intended to avoid1 a transaction reporting requirement under ,state or ,federal law1 2 and 7#b7 in paragraph 7#b7 so that subparagraph 7,b7 reads as follows3 7,b7 knowing that the monetary instrument or funds involved in the transportation1 transmission1 or transfer represent the proceeds of some form of unlawful activity1 and knowing that such transportation1 transmission1 or transfer-- 7i7 conceals or disguises1 or is intended to conceal or disguise1 the nature1 source1 location1 ownership1 or control of the proceeds of some form of unlawful activity2 or 7ii7 avoids1 or is intended to avoid1 a transaction reporting requirement under ,state or ,federal law1 4 #cad4 ,increased criminal penalties relating to alien smuggling and related offenses 7a7 ,in general ,section #bgd of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd71 is amended to read as follows3 #bgd4 ,alien smuggling and related offenses 7a7 ,criminal offenses and penalties 7#a7 ,prohibited activities ,except as provided in paragraph 7#c71 a person shall be punished as provided under paragraph 7#b71 if the person-- 7,a7 facilitates1 encourages1 directs1 or induces a person to come to or enter the ,united ,states1 or to cross the border to the ,united ,states1 knowing or in reckless disregard of the fact that such person is an alien who lacks lawful authority to come to1 enter1 or cross the border to the ,united ,states2 7,b7 facilitates1 encourages1 directs1 or induces a person to come to or enter the ,united ,states1 or to cross the border to the ,united ,states1 at a place other than a designated port of entry or place other than as designated by the ,secretary of ,homeland ,security1 knowing or in reckless disregard of the fact that such person is an alien and regardless of whether such alien has official permission or lawful authority to be in the ,united ,states2 7,c7 transports1 moves1 harbors1 conceals1 or shields from detection a person outside of the ,united ,states knowing or in reckless disregard of the fact that such person is an alien in unlawful transit from one country to another or on the high seas1 under circumstances in which the alien is seeking to enter the ,united ,states without official permission or lawful authority2 7,d7 encourages or induces a person to reside in the ,united ,states1 knowing or in reckless disregard of the fact that such person is an alien who lacks lawful authority to reside in the ,united ,states2 7,e7 transports or moves a person in the ,united ,states1 knowing or in reckless disregard of the fact that such person is an alien who lacks lawful authority to enter or be in the ,united ,states1 if the transportation or movement will further the alien's illegal entry into or illegal presence in the ,united ,states2 7,f7 harbors1 conceals1 or shields from detection a person in the ,united ,states1 knowing or in reckless disregard of the fact that such person is an alien who lacks lawful authority to be in the ,united ,states2 or 7,g7 conspires or attempts to commit any of the acts described in subparagraphs 7,a7 through 7,f74 7#b7 ,criminal penalties ,a person who violates any provision under paragraph 7#a7 shall1 for each alien in respect to whom a violation of paragraph 7#a7 occurs-- 7,a7 except as provided in subparagraphs 7,c7 through 7,g71 if the violation was not committed for commercial advantage1 profit1 or private financial gain1 be fined under title #ah1 ,united ,states ,code1 imprisoned for not more than #e years1 or both2 7,b7 except as provided in subparagraphs 7,c7 through 7,g71 if the violation was committed for commercial advantage1 profit1 or private financial gain-- 7i7 be fined under such title1 imprisoned for not more than #bj years1 or both1 if the violation is the offender's first violation under this subparagraph2 or 7ii7 be fined under such title1 imprisoned for not less than #c years or more than #bj years1 or both1 if the violation is the offender's second or subsequent violation of this subparagraph2 7,c7 if the violation furthered or aided the commission of any other offense against the ,united ,states or any ,state that is punishable by imprisonment for more than #a year1 be fined under such title1 imprisoned for not less than #e years or more than #bj years1 or both2 7,d7 be fined under such title1 imprisoned not less than #e years or more than #bj years1 or both1 if the violation created a substantial and foreseeable risk of death1 a substantial and foreseeable risk of serious bodily injury 7as defined in section #baai7b7 of title #ah1 ,united ,states ,code71 or inhumane conditions to another person1 including-- 7i7 transporting the person in an engine compartment1 storage compartment1 or other confined space2 7ii7 transporting the person at an excessive speed or in excess of the rated capacity of the means of transportation2 or 7iii7 transporting the person in1 harboring the person in1 or otherwise subjecting the person to crowded or dangerous conditions2 7,e7 if the violation caused serious bodily injury 7as defined in section #baai7b7 of title #ah1 ,united ,states ,code7 to any person1 be fined under such title1 imprisoned for not less than #g years or more than #cj years1 or both2 7,f7 be fined under such title and imprisoned for not less than #aj years or more than #cj years if the violation involved an alien who the offender knew or had reason to believe was-- 7i7 engaged in terrorist activity 7as defined in section #bab7;a77#c77;,b772 or 7ii7 intending to engage in terrorist activity2 7,g7 if the violation caused or resulted in the death of any person1 be punished by death or imprisoned for a term of years not less than #aj years and up to life1 and fined under title #ah1 ,united ,states ,code4 7#c7 ,limitation ,it is not a violation of subparagraph 7,d71 7,e71 or 7,f7 of paragraph 7#a7 for a religious denomination having a bona fide nonprofit1 religious organization in the ,united ,states1 or the agents or officers of such denomination or organization1 to encourage1 invite1 call1 allow1 or enable an alien who is present in the ,united ,states to perform the vocation of a minister or missionary for the denomination or organization in the ,united ,states as a volunteer who is not compensated as an employee1 notwithstanding the provision of room1 board1 travel1 medical assistance1 and other basic living expenses1 provided the minister or missionary has been a member of the denomination for at least #a year4 7#d7 ,extraterritorial jurisdiction ,there is extraterritorial ,federal jurisdiction over the offenses described in this subsection4 7b7 ,seizure and forfeiture 7#a7 ,in general ,any real or personal property used to commit or facilitate the commission of a violation of this section1 the gross proceeds of such violation1 and any property traceable to such property or proceeds1 shall be subject to forfeiture4 7#b7 ,applicable procedures ,seizures and forfeitures under this subsection shall be governed by the provisions of chapter #df of title #ah1 ,united ,states ,code1 relating to civil forfeitures1 except that such duties as are imposed upon the ,secretary of the ,treasury under the customs laws described in section #iha7;d7 shall be performed by such officers1 agents1 and other persons as may be designated for that purpose by the ,secretary of ,homeland ,security4 7#c7 ,prima facie evidence in determinations of violations ,in determining whether a violation of subsection 7a7 has occurred1 prima facie evidence that an alien involved in the alleged violation lacks lawful authority to come to1 enter1 reside in1 remain in1 or be in the ,united ,states or that such alien had come to1 entered1 resided in1 remained in1 or been present in the ,united ,states in violation of law may include3 7,a7 any order1 finding1 or determination concerning the alien's status or lack of status made by a ,federal judge or administrative adjudicator 7including an immigration judge or immigration officer7 during any judicial or administrative proceeding authorized under ,federal immigration law2 7,b7 official records of the ,department of ,homeland ,security1 the ,department of ,justice1 or the ,department of ,state concerning the alien's status or lack of status2 and 7,c7 testimony by an immigration officer having personal knowledge of the facts concerning the alien's status or lack of status4 7c7 ,authority ,to arrest ,no officer or person shall have authority to make any arrests for a violation of any provision of this section except3 7#a7 officers and employees designated by the ,secretary of ,homeland ,security1 either individually or as a member of a class2 and 7#b7 other officers responsible for the enforcement of ,federal criminal laws4 7d7 ,admissibility of videotaped witness testimony ,notwithstanding any provision of the ,federal ,rules of ,evidence1 the videotaped or otherwise audiovisually preserved deposition of a witness to a violation of subsection 7a7 who has been deported or otherwise expelled from the ,united ,states1 or is otherwise unavailable to testify1 may be admitted into evidence in an action brought for that violation if3 7#a7 the witness was available for cross examination at the deposition by the party1 if any1 opposing admission of the testimony2 and 7#b7 the deposition otherwise complies with the ,federal ,rules of ,evidence4 7e7 ,definitions ,in this section3 7#a7 ,cross the border to the united states ,the term cross the border refers to the physical act of crossing the border1 regardless of whether the alien is free from official restraint4 7#b7 ,lawful authority ,the term lawful authority means permission1 authorization1 or license that is expressly provided for in the immigration laws of the ,united ,states or accompanying regulations4 ,the term does not include any such authority secured by fraud or otherwise obtained in violation of law or authority sought1 but not approved4 ,no alien shall be deemed to have lawful authority to come to1 enter1 reside in1 remain in1 or be in the ,united ,states if such coming to1 entry1 residence1 remaining1 or presence was1 is1 or would be in violation of law4 7#c7 ,proceeds ,the term proceeds includes any property or interest in property obtained or retained as a consequence of an act or omission in violation of this section4 7#d7 ,unlawful transit ,the term unlawful transit means travel1 movement1 or temporary presence that violates the laws of any country in which the alien is present or any country from which or to which the alien is traveling or moving4 4 7b7 ,clerical amendment ,the table of contents for the ,immigration and ,nationality ,act is amended by striking the item relating to section #bgd and inserting the following3 ,sec4 #bgd4 ,alien smuggling and related offenses4 4 7c7 ,prohibiting carrying or using a firearm during and in relation to an alien smuggling crime ,section #ibd7;c7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a7---- 7i7 by inserting 1 alien smuggling crime1 after any crime of violence2 and 7ii7 by inserting 1 alien smuggling crime1 after such crime of violence2 and 7,b7 in subparagraph 7,d77ii71 by inserting 1 alien smuggling crime1 after crime of violence2 and 7#b7 by adding at the end the following3 7#f7 ,for purposes of this subsection1 the term alien smuggling crime means any felony punishable under section #bgd7;a71 #bgg1 or #bgh of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd7;a71 #acbg1 and #acbh74 4 #cae4 ,penalties for illegal entry 7a7 ,in general ,section #bge of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbe7 is amended to read as follows3 #bge4 ,illegal entry 7a7 ,in general 7#a7 ,illegal entry ,an alien shall be subject to the penalties set forth in paragraph 7#b7 if the alien3 7,a7 knowingly enters or crosses the border into the ,united ,states at any time or place other than as designated by the ,secretary of ,homeland ,security2 7,b7 knowingly eludes1 at any time or place1 examination or inspection by an authorized immigration1 customs1 or agriculture officer 7including by failing to stop at the command of such officer72 7,c7 knowingly enters or crosses the border to the ,united ,states and1 upon examination or inspection1 knowingly makes a false or misleading representation or the knowing concealment of a material fact 7including such representation or concealment in the context of arrival1 reporting1 entry1 or clearance requirements of the customs laws1 immigration laws1 agriculture laws1 or shipping laws72 or 7,d7 knowingly violates for a period of #ij days or more the terms or conditions of the alien's admission or parole into the ,united ,states4 7#b7 ,criminal penalties ,any alien who violates any provision under paragraph 7#a73 7,a7 shall1 for the first violation1 be fined under title #ah1 ,united ,states ,code1 imprisoned not more than #f months1 or both2 7,b7 shall1 for a second or subsequent violation1 or following an order of voluntary departure1 be fined under such title1 imprisoned not more than #b years1 or both2 7,c7 if the violation occurred after the alien had been convicted of #c or more misdemeanors or for a felony1 shall be fined under such title1 imprisoned not more than #aj years1 or both2 7,d7 if the violation occurred after the alien had been convicted of a felony for which the alien received a term of imprisonment of not less than #cj months1 shall be fined under such title1 imprisoned not more than #ae years1 or both2 and 7,e7 if the violation occurred after the alien had been convicted of a felony for which the alien received a term of imprisonment of not less than #fj months1 such alien shall be fined under such title1 imprisoned not more than #bj years1 or both4 7#c7 ,prior convictions ,the prior convictions described in subparagraphs 7,c7 through 7,e7 of paragraph 7#b7 are elements of the offenses described and the penalties in such subparagraphs shall apply only in cases in which the conviction or convictions that form the basis for the additional penalty are-- 7,a7 alleged in the indictment or information2 and 7,b7 proven beyond a reasonable doubt at trial or admitted by the defendant4 7#d7 ,duration of offense ,an offense under this subsection continues until the alien is discovered within the ,united ,states by an immigration1 customs1 or agriculture officer4 7#e7 ,attempt ,whoever attempts to commit any offense under this section shall be punished in the same manner as for a completion of such offense4 7b7 ,improper time or place2 civil penalties 7#a7 ,in general ,any alien who is apprehended while entering1 attempting to enter1 or knowingly crossing or attempting to cross the border to the ,united ,states at a time or place other than as designated by immigration officers shall be subject to a civil penalty1 in addition to any criminal or other civil penalties that may be imposed under any other provision of law1 in an amount equal to-- 7,a7 not less than #ej or more than #bej for each such entry1 crossing1 attempted entry1 or attempted crossing2 or 7,b7 twice the amount specified in paragraph 7#a7 if the alien had previously been subject to a civil penalty under this subsection4 4 7b7 ,clerical amendment ,the table of contents for the ,immigration and ,nationality ,act is amended by striking the item relating to section #bge and inserting the following3 #bge4 ,illegal entry4 4 #caf4 ,illegal reentry ,section #bgf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbf7 is amended to read as follows3 #bgf4 ,reentry of removed alien 7a7 ,reentry after removal ,any alien who has been denied admission1 excluded1 deported1 or removed1 or who has departed the ,united ,states while an order of exclusion1 deportation1 or removal is outstanding1 and subsequently enters1 attempts to enter1 crosses the border to1 attempts to cross the border to1 or is at any time found in the ,united ,states1 shall be fined under title #ah1 ,united ,states ,code1 imprisoned not more than #b years1 or both4 7b7 ,reentry of criminal offenders ,notwithstanding the penalty provided in subsection 7a71 if an alien described in that subsection was convicted before such removal or departure3 7#a7 for #c or more misdemeanors or for a felony1 the alien shall be fined under title #ah1 ,united ,states ,code1 imprisoned not more than #aj years1 or both2 7#b7 for a felony for which the alien was sentenced to a term of imprisonment of not less than #cj months1 the alien shall be fined under such title1 imprisoned not less than #b years and not more than #ae years1 or both2 7#c7 for a felony for which the alien was sentenced to a term of imprisonment of not less than #fj months1 the alien shall be fined under such title1 imprisoned not less than #d years and not more than #bj years1 or both2 7#d7 for murder1 rape1 kidnapping1 or a felony offense described in chapter #gg 7relating to peonage and slavery7 or #aac;,b 7relating to terrorism7 of such title1 or for #c or more felonies of any kind1 the alien shall be fined under such title1 imprisoned not less than #e years and not more than #be years1 or both4 7c7 ,reentry after repeated removal ,any alien who has been denied admission1 excluded1 deported1 or removed #c or more times and thereafter enters1 attempts to enter1 crosses the border to1 attempts to cross the border to1 or is at any time found in the ,united ,states1 shall be fined under title #ah1 ,united ,states ,code1 imprisoned not more than #aj years1 or both4 7d7 ,proof of prior convictions ,the prior convictions described in subsection 7b7 are elements of the crimes described1 and the penalties in that subsection shall apply only in cases in which the conviction or convictions that form the basis for the additional penalty are-- 7#a7 alleged in the indictment or information2 and 7#b7 proven beyond a reasonable doubt at trial or admitted by the defendant4 7e7 ,affirmative defenses ,it shall be an affirmative defense to a violation of this section that-- 7#a7 prior to the alleged violation1 the alien had sought and received the express consent of the ,secretary of ,homeland ,security to reapply for admission into the ,united ,states2 or 7#b7 with respect to an alien previously denied admission and removed1 the alien-- 7,a7 was not required to obtain such advance consent under the ,immigration and ,nationality ,act or any prior ,act2 and 7,b7 had complied with all other laws and regulations governing the alien's admission into the ,united ,states4 7f7 ,limitation on collateral attack on underlying removal order ,in a criminal proceeding under this section1 an alien may not challenge the validity of any prior removal order concerning the alien4 7g7 ,reentry of alien removed prior to completion of term of imprisonment ,any alien removed pursuant to section #bda7;a77#d7 who enters1 attempts to enter1 crosses the border to1 attempts to cross the border to1 or is at any time found in1 the ,united ,states shall be incarcerated for the remainder of the sentence of imprisonment which was pending at the time of deportation without any reduction for parole or supervised release unless the alien affirmatively demonstrates that the ,secretary of ,homeland ,security has expressly consented to the alien's reentry4 ,such alien shall be subject to such other penalties relating to the reentry of removed aliens as may be available under this section or any other provision of law4 7h7 ,definitions ,for purposes of this section and section #bge1 the following definitions shall apply3 7#a7 ,crosses the border to the ,united ,states ,the term crosses the border refers to the physical act of crossing the border1 regardless of whether the alien is free from official restraint4 7#b7 ,felony ,the term felony means any criminal offense punishable by a term of imprisonment of more than #a year under the laws of the ,united ,states1 any ,state1 or a foreign government4 7#c7 ,misdemeanor ,the term misdemeanor means any criminal offense punishable by a term of imprisonment of not more than #a year under the applicable laws of the ,united ,states1 any ,state1 or a foreign government4 7#d7 ,removal ,the term removal includes any denial of admission1 exclusion1 deportation1 or removal1 or any agreement by which an alien stipulates or agrees to exclusion1 deportation1 or removal4 7#e7 ,state ,the term ,state means a ,state of the ,united ,states1 the ,district of ,columbia1 and any commonwealth1 territory1 or possession of the ,united ,states4 4 #cag4 ,reform of passport1 visa1 and immigration fraud offenses ,chapter #ge of title #ah1 ,united ,states ,code1 is amended to read as follows3 #ge ,passports and ,visas ,sec4 #aeda4 ,issuance without authority4 #aedb4 ,false statement in application and use of passport4 #aedc4 ,forgery or false use of passport4 #aedd4 ,misuse of a passport4 #aede4 ,schemes to defraud aliens4 #aedf4 ,immigration and visa fraud4 #aedg4 ,attempts and conspiracies4 #aedh4 ,alternative penalties for certain offenses4 #aedi4 ,definitions4 #aeda4 ,issuance without authority 7a7 ,in general ,whoever-- 7#a7 acting or claiming to act in any office or capacity under the ,united ,states1 or a ,state1 without lawful authority grants1 issues1 or verifies any passport or other instrument in the nature of a passport to or for any person2 or 7#b7 being a consular officer authorized to grant1 issue1 or verify passports1 knowingly grants1 issues1 or verifies any such passport to or for any person not owing allegiance1 to the ,united ,states1 whether a citizen or not2 shall be fined under this title or imprisoned not more than #ae years1 or both4 7b7 ,definition ,in this section1 the term ,state means a ,state of the ,united ,states1 the ,district of ,columbia1 and any commonwealth1 territory1 or possession of the ,united ,states4 #aedb4 ,false statement in application and use of passport ,whoever knowingly-- 7#a7 makes any false statement in an application for passport with intent to induce or secure the issuance of a passport under the authority of the ,united ,states1 either for his own use or the use of another1 contrary to the laws regulating the issuance of passports or the rules prescribed pursuant to such laws2 or 7#b7 uses or attempts to use1 or furnishes to another for use any passport the issue of which was secured in any way by reason of any false statement2 shall be fined under this title or imprisoned not more than #ae years1 or both4 #aedc4 ,forgery or false use of passport ,whoever-- 7#a7 falsely makes1 forges1 counterfeits1 mutilates1 or alters any passport or instrument purporting to be a passport1 with intent that the same may be used2 or 7#b7 knowingly uses1 or attempts to use1 or furnishes to another for use any such false1 forged1 counterfeited1 mutilated1 or altered passport or instrument purporting to be a passport1 or any passport validly issued which has become void by the occurrence of any condition therein prescribed invalidating the same2 shall be fined under this title or imprisoned not more than #ae years1 or both4 #aedd4 ,misuse of a passport ,whoever knowingly-- 7#a7 uses any passport issued or designed for the use of another2 7#b7 uses any passport in violation of the conditions or restrictions therein contained1 or in violation of the laws1 regulations1 or rules governing the issuance and use of the passport2 7#c7 secures1 possesses1 uses1 receives1 buys1 sells1 or distributes any passport knowing it to be forged1 counterfeited1 altered1 falsely made1 procured by fraud1 stolen1 or produced or issued without lawful authority2 or 7#d7 violates the terms and conditions of any safe conduct duly obtained and issued under the authority of the ,united ,states2 shall be fined under this title1 imprisoned not more than #ae years1 or both4 #aede4 ,schemes to defraud aliens ,whoever inside the ,united ,states1 or in or affecting interstate or foreign commerce1 in connection with any matter that is authorized by or arises under the immigration laws of the ,united ,states or any matter the offender claims or represents is authorized by or arises under the immigration laws of the ,united ,states1 knowingly executes a scheme or artifice-- 7#a7 to defraud any person1 or 7#b7 to obtain or receive money or anything else of value from any person by means of false or fraudulent pretenses1 representations1 or promises2 shall be fined under this title1 imprisoned not more than #ae years1 or both4 #aedf4 ,immigration and visa fraud ,whoever knowingly-- 7#a7 uses any immigration document issued or designed for the use of another2 7#b7 forges1 counterfeits1 alters1 or falsely makes any immigration document2 7#c7 mails1 prepares1 presents1 or signs any immigration document knowing it to contain any materially false statement or representation2 7#d7 secures1 possesses1 uses1 transfers1 receives1 buys1 sells1 or distributes any immigration document knowing it to be forged1 counterfeited1 altered1 falsely made1 stolen1 procured by fraud1 or produced or issued without lawful authority2 7#e7 adopts or uses a false or fictitious name to evade or to attempt to evade the immigration laws2 7#f7 transfers or furnishes1 without lawful authority1 an immigration document to another person for use by a person other than the person for whom the immigration document was issued or designed2 or 7#g7 produces1 issues1 authorizes1 or verifies1 without lawful authority1 an immigration document2 shall be fined under this title1 imprisoned not more than #ae years1 or both4 #aedg4 ,attempts and conspiracies ,whoever attempts or conspires to violate this chapter shall be punished in the same manner as a person who completes that violation4 #aedh4 ,alternative penalties for certain offenses 7a7 ,terrorism ,whoever violates any section in this chapter to facilitate an act of international terrorism or domestic terrorism 7as such terms are defined in section #bcca71 shall be fined under this title or imprisoned not more than #be years1 or both4 7b7 ,drug ,trafficking ,offenses ,whoever violates any section in this chapter to facilitate a drug trafficking crime 7as defined in section #ibi7;a77 shall be fined under this title or imprisoned not more than #bj years1 or both4 #aedi4 ,definitions ,in this chapter3 7#a7 ,an application for a ,united ,states passport includes any document1 photograph1 or other piece of evidence attached to or submitted in support of the application4 7#b7 ,the term immigration document means any instrument on which is recorded1 by means of letters1 figures1 or marks1 matters which may be used to fulfill any requirement of the ,immigration and ,nationality ,act4 4 #cah4 ,forfeiture ,section #iha7;a77#a7 of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7,i7 ,any property1 real or personal1 that has been used to commit or facilitate the commission of a violation of chapter #ge1 the gross proceeds of such violation1 and any property traceable to any such property or proceeds4 4 #cai4 ,expedited removal for aliens inadmissible on criminal or security grounds 7a7 ,in general ,section #bch7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbh7;b77 is amended- 7#a7 in paragraph 7#a7-- 7,a7 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security in the exercise of discretion2 and 7,b7 by striking set forth in this subsection or and inserting set forth in this subsection1 in lieu of removal proceedings under2 7#b7 in paragraph 7#c71 by striking paragraph 7#a7 until #ad calendar days and inserting paragraph 7#a7 or 7#c7 until #g calendar days2 7#c7 by striking ,attorney ,general each place it appears in paragraphs 7#c7 and 7#d7 and inserting ,secretary of ,homeland ,security2 7#d7 in paragraph 7#e7-- 7,a7 by striking described in this section and inserting described in paragraph 7#a7 or 7#b72 and 7,b7 by striking the ,attorney ,general may grant in the ,attorney ,general's discretion and inserting the ,secretary of ,homeland ,security or the ,attorney ,general may grant1 in the discretion of the ,secretary or ,attorney ,general1 in any proceeding2 7#e7 by redesignating paragraphs 7#c71 7#d71 and 7#e7 as paragraphs 7#d71 7#e71 and 7#f71 respectively2 and 7#f7 by inserting after paragraph 7#b7 the following new paragraph3 7#c7 ,the ,secretary of ,homeland ,security in the exercise of discretion may determine inadmissibility under section #bab7;a77#b7 7relating to criminal offenses7 and issue an order of removal pursuant to the procedures set forth in this subsection1 in lieu of removal proceedings under section #bdj1 with respect to an alien who 7,a7 has not been admitted or paroled2 7,b7 has not been found to have a credible fear of persecution pursuant to the procedures set forth in section #bce7;b77#a77;,b72 and 7,c7 is not eligible for a waiver of inadmissibility or relief from removal4 4 7b7 ,effective date ,the amendments made by subsection 7a7 shall take effect on the date of the enactment of this ,act but shall not apply to aliens who are in removal proceedings under section #bdj of the ,immigration and ,nationality ,act as of such date4 #cbj4 ,increased penalties barring the admission of convicted sex offenders failing to register and requiring deportation of sex offenders failing to register 7a7 ,inadmissibility ,section #bab7;a77#b77;,a77i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#b77;,a77i771 as amended by section #cjb7;a7 of this ,act1 is further amended-- 7#a7 in subclause 7,,ii71 by striking or at the end2 7#b7 in subclause 7,,iii71 by adding or at the end2 and 7#c7 by inserting after subclause 7,,iii7 the following3 7,,iv7 a violation of section #bbej of title #ah1 ,united ,states ,code 7relating to failure to register as a sex offender72 4 7b7 ,deportability ,section #bcg7;a77#b7 of such ,act 7#h ,u4,s4,c4 #abbg7;a77#b771 as amended by sections #cjb7;c7 and #caa7;c7 of this ,act1 is further amended-- 7#a7 in subparagraph 7,a71 by striking clause 7v72 and 7#b7 by adding at the end the following3 7,i7 ,any alien convicted of1 or who admits having committed1 or who admits committing acts which constitute the essential elements of a violation of section #bbej of title #ah1 ,united ,states ,code 7relating to failure to register as a sex offender7 is deportable4 4 7c7 ,effective date ,the amendments made by this section shall take effect on the date of the enactment of this ,act and shall apply to acts that occur before1 on1 or after the date of the enactment of this ,act4 #cba4 ,protecting immigrants from convicted sex offenders 7a7 ,immigrants ,section #bjd7;a77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7;a77#a771 is amended-- 7#a7 in subparagraph 7,a71 by amending clause 7viii7 to read as follows3 7viii7 ,clause 7i7 shall not apply to a citizen of the ,united ,states who has been convicted of an offense described in subparagraph 7,a71 7,i71 or 7,k7 of section #aja7;a77#dc71 unless the ,secretary of ,homeland ,security1 in the ,secretary's sole and unreviewable discretion1 determines that the citizen poses no risk to the alien with respect to whom a petition described in clause 7i7 is filed4 2 and 7#b7 in subparagraph 7,b77i7-- 7,a7 by redesignating the second subclause 7,i7 as subclause 7,,ii72 and 7,b7 by amending such subclause 7,,ii7 to read as follows3 7,,ii7 ,subclause 7,i7 shall not apply in the case of an alien admitted for permanent residence who has been convicted of an offense described in subparagraph 7,a71 7,i71 or 7,k7 of section #aja7;a77#dc71 unless the ,secretary of ,homeland ,security1 in the ,secretary's sole and unreviewable discretion1 determines that the alien lawfully admitted for permanent residence poses no risk to the alien with respect to whom a petition described in subclause 7,i7 is filed4 4 7b7 ,nonimmigrants ,section #aja7;a77#ae77,k7 of such ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77,k771 is amended by striking #bjd7;a77#a77;,a77viii77,i77 each place such term appears and inserting #bjd7;a77#a77;,a77viii774 7c7 ,effective date ,the amendments made by this section shall take effect on the date of the enactment of this ,act and shall apply to petitions filed on or after such date4 #cbb4 ,clarification to crimes of violence and crimes involving moral turpitude 7a7 ,inadmissible aliens ,section #bab7;a77#b77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#b77;,a77 is amended by adding at the end the following3 7iii7 ,clarification ,if the conviction records do not conclusively establish whether a crime constitutes a crime involving moral turpitude1 the ,attorney ,general may consider other evidence related to the conviction that clearly establishes that the conduct for which the alien was engaged constitutes a crime involving moral turpitude4 4 7b7 ,deportable aliens 7#a7 ,general crimes ,section #bcg7;a77#b77;,a7 of such ,act 7#h ,u4,s4,c4 #abbg7;a77#b77;,a771 as amended by section #cbj7;b7 of this ,act1 is further amended by inserting after clause 7iv7 the following3 7v7 ,crimes involving moral turpitude ,if the conviction records do not conclusively establish whether a crime constitutes a crime involving moral turpitude1 the ,attorney ,general may consider other evidence related to the conviction that clearly establishes that the conduct for which the alien was engaged constitutes a crime involving moral turpitude4 4 7#b7 ,domestic violence ,section #bcg7;a77#b77;,e7 of such ,act 7#h ,u4,s4,c4 #abbg7;a77#b77;,e77 is amended by adding at the end the following3 7iii7 ,crimes of violence ,if the conviction records do not conclusively establish whether a crime of domestic violence constitutes a crime of violence 7as defined in section #af of title #ah1 ,united ,states ,code71 the ,attorney ,general may consider other evidence related to the conviction that clearly establishes that the conduct for which the alien was engaged constitutes a crime of violence4 4 7c7 ,effective date ,the amendments made by this section shall take effect on the date of the enactment of this ,act and shall apply to acts that occur before1 on1 or after the date of the enactment of this ,act4 #cbc4 ,penalties for failure to obey removal orders 7a7 ,in general ,section #bdc7;a77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abec7;a77#a77 is amended-- 7#a7 by inserting #bab7;a7 or before #bcg7;a71 2 and 7#b7 by striking paragraph 7#c74 7b7 ,effective date ,the amendments made by subsection 7a7 shall take effect on the date of the enactment of this ,act and shall apply to acts that are described in subparagraphs 7,a7 through 7,d7 of section #bdc7;a77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abec7;a77#a77 that occur on or after the date of the enactment of this ,act4 #cbd4 ,pardons 7a7 ,definition ,section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a771 as amended by section #caa7;a7 of this ,act1 is further amended by adding at the end the following3 7#ed7 ,the term pardon means a full and unconditional pardon granted by the ,president of the ,united ,states1 ,governor of any of the several ,states or constitutionally recognized body4 4 7b7 ,deportability ,section #bcg7;a7 of such ,act 7#h ,u4,s4,c4 #abbg7;a77 is amended-- 7#a7 in paragraph 7#b77;,a71 by striking clause 7vi72 and 7#b7 by adding at the end the following3 7#h7 ,pardons 7,a7 ,in general ,in the case of an alien who has been convicted of a crime and is subject to removal due to that conviction1 if the alien1 subsequent to receiving the criminal conviction1 is granted a pardon1 the alien shall not be deportable by reason of that criminal conviction4 7,b7 ,exception ,subparagraph 7,a7 shall not apply in the case of an alien granted a pardon if the pardon is granted in whole or in part to eliminate that alien's condition of deportability4 4 7c7 ,effective date ,the amendments made by this section shall take effect on the date of the enactment of this ,act and shall apply to a pardon granted before1 on1 or after such date4 ,,iv ,visa ,security #dja4 ,cancellation of additional visas 7a7 ,in general ,section #bbb7;g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abjb7;g77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking ,attorney ,general and inserting ,secretary2 and 7,b7 by inserting and any other nonimmigrant visa issued by the ,united ,states that is in the possession of the alien after such visa2 and 7#b7 in paragraph 7#b77;,a71 by striking 7other than the visa described in paragraph 7#a77 issued in a consular office located in the country of the alien's nationality and inserting 7other than a visa described in paragraph 7#a77 issued in a consular office located in the country of the alien's nationality or foreign residence4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on the date of the enactment of this ,act and shall apply to a visa issued before1 on1 or after such date4 #djb4 ,visa information sharing 7a7 ,in general ,section #bbb7;f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abjb7;f77#b77 is amended-- 7#a7 by striking issuance or refusal and inserting issuance1 refusal1 or revocation2 7#b7 in paragraph 7#b71 by striking and on the basis of reciprocity2 7#c7 in paragraph 7#b77;,a7-- 7,a7 by inserting 7i7 after for the purpose of2 and 7,b7 by striking illicit weapons2 or and inserting illicit weapons1 or 7ii7 determining a person's deportability or eligibility for a visa1 admission1 or other immigration benefit22 7#d7 in paragraph 7#b77;,b7-- 7,a7 by striking for the purposes and inserting for one of the purposes2 and 7,b7 by striking or to deny visas to persons who would be inadmissible to the ,united ,states and inserting 2 or2 and 7#e7 by adding before the period at the end the following3 7,c7 with regard to any or all aliens in the database specified data elements from each record1 if the ,secretary of ,state determines that it is in the national interest to provide such information to a foreign government4 4 7b7 ,effective date ,the amendments made by subsection 7a7 shall take effect #fj days after the date of the enactment of the ,act4 #djc4 ,restricting waiver of visa interviews ,section #bbb7;h7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abjb7;h77#a77;,b77 is amended-- 7#a7 in paragraph 7#a77;,c71 by inserting 1 in consultation with the ,secretary of ,homeland ,security1 after if the ,secretary2 7#b7 in paragraph 7#a77;,c77i71 by inserting 1 where such national interest shall not include facilitation of travel of foreign nationals to the ,united ,states1 reduction of visa application processing times1 or the allocation of consular resources2 7#c7 in paragraph 7#b7-- 7,a7 by striking or at the end of subparagraph 7,e72 7,b7 by striking the period at the end of subparagraph 7,f7 and inserting 2 or2 and 7,c7 by adding at the end the following3 7,g7 is an individual-- 7i7 determined to be in a class of aliens determined by the ,secretary of ,homeland ,security to be threats to national security2 7ii7 identified by the ,secretary of ,homeland ,security as a person of concern2 or 7iii7 applying for a visa in a visa category with respect to which the ,secretary of ,homeland ,security has determined that a waiver of the visa interview would create a high risk of degradation of visa program integrity4 4 #djd4 ,authorizing the ,department of ,state to not interview certain ineligible visa applicants 7a7 ,in general ,section #bbb7;h77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abjb7;h77#a77 is amended by inserting the alien is determined by the ,secretary of ,state to be ineligible for a visa based upon review of the application or after unless4 7b7 ,guidance ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,state shall issue guidance to consular officers on the standards and processes for implementing the authority to deny visa applications without interview in cases where the alien is determined by the ,secretary of ,state to be ineligible for a visa based upon review of the application4 7c7 ,reports ,not less frequently than once each quarter1 the ,secretary of ,state shall submit to the ,congress a report on the denial of visa applications without interview1 including-- 7#a7 the number of such denials2 and 7#b7 a post-by-post breakdown of such denials4 #dje4 ,visa refusal and revocation 7a7 ,authority of the ,secretary of ,homeland ,security and the ,secretary of ,state 7#a7 ,in general ,section #dbh of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bcf7 is amended by striking subsections 7b7 and 7c7 and inserting the following3 7b7 ,authority of the ,secretary of ,homeland ,security 7#a7 ,in general ,notwithstanding section #ajd7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aajd7;a77 or any other provision of law1 and except as provided in subsection 7c7 and except for the authority of the ,secretary of ,state under subparagraphs 7,a7 and 7,g7 of section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae771 the ,secretary-- 7,a7 shall have exclusive authority to issue regulations1 establish policy1 and administer and enforce the provisions of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 and all other immigration or nationality laws relating to the functions of consular officers of the ,united ,states in connection with the granting and refusal of a visa2 and 7,b7 may refuse or revoke any visa to any alien or class of aliens if the ,secretary1 or designee1 determines that such refusal or revocation is necessary or advisable in the security interests of the ,united ,states4 7#b7 ,effect of revocation ,the revocation of any visa under paragraph 7#a77;,b7-- 7,a7 shall take effect immediately2 and 7,b7 shall automatically cancel any other valid visa that is in the alien's possession4 7#c7 ,judicial review ,notwithstanding any other provision of law1 including section #bbda of title #bh1 ,united ,states ,code1 or any other habeas corpus provision1 and sections #acfa and #afea of such title1 no court shall have jurisdiction to review a decision by the ,secretary of ,homeland ,security to refuse or revoke a visa1 and no court shall have jurisdiction to hear any claim arising from1 or any challenge to1 such a refusal or revocation4 7c7 ,authority of the ,secretary of ,state 7#a7 ,in general ,the ,secretary of ,state may direct a consular officer to refuse a visa requested by an alien if the ,secretary of ,state determines such refusal to be necessary or advisable in the interests of the ,united ,states4 7#b7 ,limitation ,no decision by the ,secretary of ,state to approve a visa may override a decision by the ,secretary of ,homeland ,security under subsection 7b74 4 7#b7 ,conforming ,amendment ,section #bcg7;a77#a77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbg7;a77#a77;,b77 is amended by striking under section #bba7;i74 7#c7 ,effective date ,the amendment made by paragraph 7#a7 shall take effect on the date of the enactment of this ,act and shall apply to visa refusals and revocations occurring before1 on1 or after such date4 7b7 ,technical corrections to the ,homeland ,security ,act ,section #dbh7;a7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bcf7 is amended by-- 7#a7 striking subsection and inserting section2 and 7#b7 striking consular office and inserting consular officer4 #djf4 ,funding for the visa security program 7a7 ,in general ,the ,department of ,state and ,related ,agency ,appropriations ,act1 #bjje 7title ,,iv of division ,b of ,public ,law #ajh-ddg7 is amended1 in the fourth paragraph under the heading ,diplomatic and ,consular ,programs1 by striking ,beginning through the period at the end and inserting the following3 ,beginning in fiscal year #bjje and thereafter1 the ,secretary of ,state is authorized to charge surcharges related to consular services in support of enhanced border security that are in addition to the immigrant visa fees in effect on ,january #a1 #bjjd3 ,provided1 ,that funds collected pursuant to this authority shall be credited to the appropriation for ,u4,s4 ,immigration and ,customs ,enforcement for the fiscal year in which the fees were collected1 and shall be available until expended for the funding of the ,visa ,security ,program established by the ,secretary of ,homeland ,security under section #dbh7;e7 of the ,homeland ,security ,act of #bjjb 7,public ,law #ajg-bif73 ,provided further1 ,that such surcharges shall be #aj percent of the fee assessed on immigrant visa applications44 7b7 ,repayment of appropriated funds ,twenty percent of the funds collected each fiscal year under the heading ,diplomatic and ,consular ,programs in the ,department of ,state and ,related ,agency ,appropriations ,act1 #bjje 7title ,,iv of division ,b of ,public ,law #ajh-ddg71 as amended by subsection 7a71 shall be deposited into the general fund of the ,treasury as repayment of funds appropriated pursuant to section #djg7;c7 of this ,act until the entire appropriated sum has been repaid4 #djg4 ,expeditious expansion of visa security program to high-risk posts 7a7 ,in general ,section #dbh7;i7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bcf7;i77 is amended to read as follows3 7i7 ,visa issuance at designated high-,risk posts ,notwithstanding any other provision of law1 the ,secretary of ,homeland ,security shall conduct an on-site review of all visa applications and supporting documentation before adjudication at the top #cj visa-issuing posts designated jointly by the ,secretaries of ,state and ,homeland ,security as high-risk posts4 4 7b7 ,assignment of personnel ,not later than one year after the date of enactment of this section1 the ,secretary of ,homeland ,security shall assign personnel to the visa-issuing posts referenced in section #dbh7;i7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bcf7;i771 as amended by this section1 and communicate such assignments to the ,secretary of ,state4 7c7 ,appropriations ,there is authorized to be appropriated #fj1jjj1jjj for each of the fiscal years #bjad and #bjae1 which shall be used to expedite the implementation of section #dbh7;i7 of the ,homeland ,security ,act1 as amended by this section4 #djh4 ,expedited clearance and placement of ,department of ,homeland ,security personnel at overseas embassies and consular posts ,section #dbh of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bcf7 is amended by adding at the end the following3 7j7 ,expedited clearance and placement of ,department of ,homeland ,security personnel at overseas embassies and consular posts ,notwithstanding any other provision of law1 and the processes set forth in ,national ,security ,defense ,directive #ch 7dated ,june #b1 #aihb7 or any successor ,directive1 the ,chief of ,mission of a post to which the ,secretary of ,homeland ,security has assigned personnel under subsection 7e7 or 7i7 shall ensure1 not later than one year after the date on which the ,secretary of ,homeland ,security communicates such assignment to the ,secretary of ,state1 that such personnel have been stationed and accommodated at post and are able to carry out their duties4 4 #dji4 ,increased criminal penalties for student visa integrity ,section #aedf of title #ah1 ,united ,states ,code1 is amended by striking #aj years and inserting #ae years 7if the offense was committed by an owner1 official1 or employee of an educational institution with respect to such institution's participation in the ,student and exchange ,visitor ,program71 #aj years4 #daj4 ,accreditation requirements 7a7 ,colleges1 universities1 and language training programs ,section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77 is amended-- 7#a7 in paragraph 7#ae77;,f77i7-- 7,a7 by striking section #bad7a7 at an established college1 university1 seminary1 conservatory or in an accredited language training program in the ,united ,states and inserting section #bad7m7 at an accredited college1 university1 or language training program1 or at an established seminary1 conservatory1 academic high school1 elementary school1 or other academic institution in the ,united ,states2 and 7,b7 by striking ,attorney ,general each place such term appears and inserting ,secretary of ,homeland ,security2 and 7,c7 by amending paragraph 7#eb7 to read as follows3 7#eb7 ,except as provided in section #bad7m77#d71 the term accredited college1 university1 or language training program means a college1 university1 or language training program that is accredited by an accrediting agency recognized by the ,secretary of ,education4 4 7b7 ,other academic institutions ,section #bad7m7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7m77 is amended by adding at the end the following3 7#c7 ,the ,secretary of ,homeland ,security shall require accreditation of an academic institution 7except for seminaries or other religious institutions7 for purposes of section #aja7;a77#ae77;,f7 if-- 7,a7 that institution is not already required to be accredited under section #aja7;a77#ae77;,f77i72 and 7,b7 an appropriate accrediting agency recognized by the ,secretary of ,education is able to provide such accreditation4 7#d7 ,the ,secretary of ,homeland ,security1 in the ,secretary's discretion1 may waive the accreditation requirement in paragraph 7#c7 or section #aja7;a77#ae77;,f77i7 with respect to an institution if such institution-- 7,a7 is otherwise in compliance with the requirements of section #aja7;a77#ae77;,f77i72 and 7,b7 has been a candidate for accreditation for at least #a year and continues to progress toward accreditation by an accrediting agency recognized by the ,secretary of ,education4 4 7c7 ,effective date 7#a7 ,in general ,except as provided in paragraph 7#b71 the amendments made by this section shall-- 7,a7 take effect on the date that is #ahj days after the date of enactment of this ,act2 and 7,b7 apply with respect to applications for nonimmigrant visas that are filed on or after the effective date described in subparagraph 7,a74 7#b7 ,temporary exception ,during the #c-year period beginning on the effective date described in paragraph 7#a77;,a71 an institution that is newly required to be accredited under this section may continue to participate in the ,student and ,exchange ,visitor ,program notwithstanding the institution's lack of accreditation if the institution-- 7,a7 was certified under the ,student and ,exchange ,visitor ,program on such date2 7,b7 submitted an application for accreditation to an accrediting agency recognized by the ,secretary of ,education during the #f-month period ending on such date2 and 7,c7 continues to progress toward accreditation by such accrediting agency4 #daa4 ,visa fraud 7a7 ,temporary suspension of ,,sevis access ,section #fda7;d7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acgb7;d77 is amended-- 7#a7 in paragraph 7#a77;,a71 by striking institution11 and inserting institution12 and 7#b7 by adding at the end the following3 7#c7 ,effect of reasonable suspicion of fraud ,if the ,secretary of ,homeland ,security has reasonable suspicion that an owner of1 or a designated school official at1 an approved institution of higher education1 an other approved educational institution1 or a designated exchange visitor program has committed fraud or attempted to commit fraud relating to any aspect of the ,student and ,exchange ,visitor ,program1 the ,secretary may immediately suspend1 without notice1 such official's or such school's access to the ,student and ,exchange ,visitor ,information ,system 7,,sevis71 including the ability to issue ,form ,i-#bjs1 pending a final determination by the ,secretary with respect to the institution's certification under the ,student and ,exchange ,visitor ,program4 4 7b7 ,effect of conviction for visa fraud ,such section #fda7;d71 as amended by subsection 7a77#b71 is further amended by adding at the end the following3 7#d7 ,permanent disqualification for fraud ,a designated school official at1 or an owner of1 an approved institution of higher education1 an other approved educational institution1 or a designated exchange visitor program who is convicted for fraud relating to any aspect of the ,student and ,exchange ,visitor ,program shall be permanently disqualified from filing future petitions and from having an ownership interest or a management role1 including serving as a principal1 owner1 officer1 board member1 general partner1 designated school official1 or any other position of substantive authority for the operations or management of the institution1 in any ,united ,states educational institution that enrolls nonimmigrant alien students described in subparagraph 7,f7 or 7,m7 of section #aja7;a77#ae7 the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae774 4 #dab4 ,background checks 7a7 ,in general ,section #fda7;d7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acgb7;d771 as amended by section #daa7;b7 of this ,act1 is further amended by adding at the end the following3 7#e7 ,background check requirement 7,a7 ,in general ,an individual may not serve as a designated school official or be granted access to ,,sevis unless the individual is a national of the ,united ,states or an alien lawfully admitted for permanent residence and during the most recent #c-year period-- 7i7 the ,secretary of ,homeland ,security has-- 7,i7 conducted a thorough background check on the individual1 including a review of the individual's criminal and sex offender history and the verification of the individual's immigration status2 and 7,,ii7 determined that the individual has not been convicted of any violation of ,united ,states immigration law and is not a risk to national security of the ,united ,states2 and 7ii7 the individual has successfully completed an on-line training course on ,,sevp and ,,sevis1 which has been developed by the ,secretary4 7,b7 ,interim designated school official 7i7 ,in general ,an individual may serve as an interim designated school official during the period that the ,secretary is conducting the background check required by subparagraph 7,a77i77,i74 7ii7 ,reviews by the ,secretary ,if an individual serving as an interim designated school official under clause 7i7 does not successfully complete the background check required by subparagraph 7,a77i77,i71 the ,secretary shall review each ,form ,i-#bj issued by such interim designated school official4 7#f7 ,fee ,the ,secretary is authorized to collect a fee from an approved school for each background check conducted under paragraph 7#f77;,a77i74 ,the amount of such fee shall be equal to the average amount expended by the ,secretary to conducted such background checks4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on the date that is #a year after the date of the enactment of this ,act4 #dac4 ,flight schools not certified by ,,faa 7a7 ,in general ,except as provided in subsection 7b71 the ,secretary of ,homeland ,security shall prohibit any flight school in the ,united ,states from accessing ,,sevis or issuing a ,form ,i-#bj to an alien seeking a student visa pursuant to subparagraph 7,f77i7 or 7,m77i7 of section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77 if the flight school has not been certified to the satisfaction of the ,secretary and by the ,federal ,aviation ,administration pursuant to part #ada or part #adb of title #ad1 ,code of ,federal ,regulations 7or similar successor regulations74 7b7 ,temporary exception ,during the #e-year period beginning on the date of the enactment of this ,act1 the ,secretary may waive the requirement under subsection 7a7 that a flight school be certified by the ,federal ,aviation ,administration if such flight school-- 7#a7 was certified under the ,student and ,exchange ,visitor ,program on the date of the enactment of this ,act2 7#b7 submitted an application for certification with the ,federal ,aviation ,administration during the #a-year period beginning on such date2 and 7#c7 continues to progress toward certification by the ,federal ,aviation ,administration4 #dad4 ,revocation of accreditation ,at the time an accrediting agency or association is required to notify the ,secretary of ,education and the appropriate ,state licensing or authorizing agency of the final denial1 withdrawal1 suspension1 or termination of accreditation of an institution pursuant to section #dif of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajii;b71 such accrediting agency or association shall notify the ,secretary of ,homeland ,security of such determination and the ,secretary of ,homeland ,security shall immediately withdraw the school from the ,,sevp and prohibit the school from accessing ,,sevis4 #dae4 ,report on risk assessment ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report that contains the risk assessment strategy that will be employed by the ,secretary to identify1 investigate1 and take appropriate action against schools and school officials that are facilitating the issuance of ,form ,i-#bj and the maintenance of student visa status in violation of the immigration laws of the ,united ,states4 #daf4 ,implementation of ,,gao recommendations ,not later than #ahj days after the date of the enactment of this act1 the ,secretary of ,homeland ,security shall submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report that describes-- 7#a7 the process in place to identify and assess risks in the ,,sevp2 7#b7 a risk assessment process to allocate ,,sevp's resources based on risk2 7#c7 the procedures in place for consistently ensuring a school's eligibility1 including consistently verifying in lieu of letters2 7#d7 how ,,sevp identified and addressed missing school case files2 7#e7 a plan to develop and implement a process to monitor state licensing and accreditation status of all ,,sevp-certified schools2 7#f7 whether all flight schools that have not been certified to the satisfaction of the ,secretary and by the ,federal ,aviation ,administration have been removed from the program and have been restricted from accessing ,,sevis2 7#g7 the standard operating procedures that govern coordination among ,,sevp1 ,counterterrorism and ,criminal ,exploitation ,unit1 and ,u4,s4 ,immigration and ,customs ,enforcement field offices2 and 7#h7 the established criteria for referring cases of a potentially criminal nature from ,,sevp to the counterterrorism and intelligence community4 #dag4 ,implementation of ,,sevis ,,ii ,not later than #b years after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall complete the deployment of both phases of the #bnd generation ,student and ,exchange ,visitor ,information ,system 7commonly known as ,,sevis ,,ii74 #dah4 ,definitions 7a7 ,definitions ,for purposes of this title3 7#a7 ,,sevis ,the term ,,sevis means the ,student and ,exchange ,visitor ,information ,system of the ,department of ,homeland ,security4 7#b7 ,,sevp ,the term ,,sevp means the ,student and ,exchange ,visitor ,program of the ,department of ,homeland ,security4 ,v ,aid to ,u4,s4 ,immigration and ,customs ,enforcement ,officers #eja4 ,,ice immigration enforcement agents 7a7 ,in general ,the ,secretary of ,homeland ,security shall authorize all immigration enforcement agents and deportation officers of the ,department of ,homeland ,security who have successfully completed basic immigration law enforcement training to exercise the powers conferred by-- 7#a7 section #bhg7;a77#e77;,a7 of the ,immigration and ,nationality ,act to arrest for any offense against the ,united ,states2 7#b7 section #bhg7;a77#e77;,b7 of such ,act to arrest for any felony2 7#c7 section #bgd7;a7 of such ,act to arrest for bringing in1 transporting1 or harboring certain aliens1 or inducing them to enter2 7#d7 section #bhg7;a7 of such ,act to execute warrants of arrest for administrative immigration violations issued under section #bcf of the ,act or to execute warrants of criminal arrest issued under the authority of the ,united ,states2 and 7#e7 section #bhg7;a7 of such ,act to carry firearms1 provided that they are individually qualified by training and experience to handle and safely operate the firearms they are permitted to carry1 maintain proficiency in the use of such firearms1 and adhere to the provisions of the enforcement standard governing the use of force4 7b7 ,pay ,immigration enforcement agents shall be paid on the same scale as ,immigration and ,customs ,enforcement deportation officers and shall receive the same benefits4 #ejb4 ,,ice detention enforcement officers 7a7 ,authorization ,the ,secretary of ,homeland ,security is authorized to hire #b1ejj ,immigration and ,customs ,enforcement detention enforcement officers4 7b7 ,duties ,immigration and ,customs ,enforcement detention enforcement officers who have successfully completed detention enforcement officers' basic training shall be responsible for-- 7#a7 taking and maintaining custody of any person who has been arrested by an immigration officer2 7#b7 transporting and guarding immigration detainees2 7#c7 securing ,department of ,homeland ,security detention facilities2 and 7#d7 assisting in the processing of detainees4 #ejc4 ,ensuring the safety of ,,ice officers and agents 7a7 ,body armor ,the ,secretary of ,homeland ,security shall ensure that every ,immigration and ,customs ,enforcement deportation officer and immigration enforcement agent on duty is issued high-quality body armor that is appropriate for the climate and risks faced by the agent4 ,enough body armor must be purchased to cover every agent in the field4 7b7 ,weapons ,such ,secretary shall ensure that ,immigration and ,customs ,enforcement deportation officers and immigration enforcement agents are equipped with weapons that are reliable and effective to protect themselves1 their fellow agents1 and innocent third parties from the threats posed by armed criminals4 ,such weapons shall include1 at a minimum1 standard-issue handguns1 ,m-#d 7or equivalent7 rifles1 and ,tasers4 7c7 ,effective date ,this section shall take effect #ij days after the date of the enactment of this ,act4 #ejd4 ,,ice ,advisory ,council 7a7 ,establishment ,an ,,ice ,advisory ,council shall be established not later than #c months after the date of the enactment of this ,act4 7b7 ,membership ,the ,,ice ,advisor ,council shall be comprised of #g members4 7c7 ,appointment ,members shall to be appointed in the following manner3 7#a7 ,one member shall be appointed by the ,president2 7#b7 ,one member shall be appointed by the ,chairman of the ,judiciary ,committee of the ,house of ,representatives2 7#c7 ,one member shall be appointed by the ,chairman of the ,judiciary ,committee of the ,senate2 7#d7 ,one member shall be appointed by the ,local #eaa1 the ,,ice prosecutor's union2 and 7#e7 ,three members shall be appointed by the ,national ,immigration and ,customs ,enforcement ,council4 7d7 ,term ,members shall serve renewable1 #b-year terms4 7e7 ,voluntary ,membership shall be voluntary and non-remunerated1 except that members will receive reimbursement from the ,secretary of ,homeland ,security for travel and other related expenses4 7f7 ,retaliation protection ,members who are employed by the ,secretary of ,homeland ,security shall be protected from retaliation by their supervisors1 managers1 and other ,department of ,homeland ,security employees for their participation on the ,council4 7g7 ,purpose ,the purpose of the ,council is to advise the ,congress and the ,secretary of ,homeland ,security on issues including the following3 7#a7 ,the current status of immigration enforcement efforts1 including prosecutions and removals1 the effectiveness of such efforts1 and how enforcement could be improved2 7#b7 ,the effectiveness of cooperative efforts between the ,secretary of ,homeland ,security and other law enforcement agencies1 including additional types of enforcement activities that the ,secretary should be engaged in1 such as ,state and local criminal task forces2 7#c7 ,personnel1 equipment1 and other resource needs of field personnel2 7#d7 ,improvements that should be made to the organizational structure of the ,department of ,homeland ,security1 including whether the position of immigration enforcement agent should be merged into the deportation officer position2 and 7#e7 ,the effectiveness of specific enforcement policies and regulations promulgated by the ,secretary of ,homeland ,security1 and whether other enforcement priorities should be considered4 7h7 ,reports ,the ,council shall provide quarterly reports to the ,chairmen and ,ranking ,members of the ,judiciary ,committees of the ,senate and the ,house of ,representatives and to the ,secretary of ,homeland ,security4 ,the ,council members shall meet directly with the ,chairmen and ,ranking ,members 7or their designated representatives7 and with the ,secretary to discuss their reports every #f months4 #eje4 ,pilot program for electronic field processing 7a7 ,in general ,the ,secretary of ,homeland ,security shall establish a pilot program in at least five of the #aj ,immigration and ,customs ,enforcement field offices with the largest removal caseloads to allow ,immigration and ,customs deportation officers and immigration enforcement agents to-- 7#a7 electronically process and serve charging documents1 including ,notices to ,appear1 while in the field2 and 7#b7 electronically process and place detainers while in the field4 7b7 ,duties ,the pilot program described in subsection 7a7 shall be designed to allow deportation officers and immigration enforcement agents to use handheld or vehicle-mounted computers to-- 7#a7 enter any required data1 including personal information about the alien subject and the reason for issuing the document2 7#b7 apply the electronic signature of the issuing officer or agent2 7#c7 set the date the alien is required to appear before an immigration judge1 in the case of ,notices to ,appear2 7#d7 print any documents the alien subject may be required to sign1 along with additional copies of documents to be served on the alien2 and 7#e7 interface with the ,,enforce database so that all data is stored and retrievable4 7c7 ,construction ,the pilot program described in subsection 7a7 shall be designed to replace1 to the extent possible1 the current paperwork and data-entry process used for issuing such charging documents and detainers4 7d7 ,deadline ,the ,secretary shall initiate the pilot program described in subsection 7a7 within #f months of the date of enactment of this ,act4 7e7 ,report ,the ,government ,accountability ,office shall report to the ,judiciary ,committee of the ,senate and the ,house of ,representatives no later than #ah months after the date of enactment of this ,act on the effectiveness of the pilot program and provide recommendations for improving it4 7f7 ,advisory ,council ,the ,,ice ,advisory ,council established by section #ejd shall include an recommendations on how the pilot program should work in the first quarterly report of the ,council1 and shall include assessments of the program and recommendations for improvement in each subsequent report4 7g7 ,effective date ,this section shall take effect #ahj days after the date of the enactment of this ,act4 #ejf4 ,additional ,,ice deportation officers and support staff 7a7 ,in general ,the ,secretary of ,homeland ,security shall1 subject to the availability of appropriations for such purpose1 increase the number of positions for full-time active-duty ,immigration and ,customs ,enforcement deportation officers by #e1jjj above the number of full-time positions for which funds were appropriated for fiscal year #bjac4 7b7 ,support staff ,the ,secretary shall1 subject to the availability of appropriations for such purpose1 increase the number of positions for full-time support staff for ,immigration and ,customs ,enforcement deportation officers by #gjj above the number of full-time positions for which funds were appropriated for fiscal year #bjac4 #ejg4 ,additional ,,ice prosecutors ,the ,secretary of ,homeland ,security shall increase by #fj the number of full-time trial attorneys working for the ,immigration and ,customs ,enforcement ,office of the ,principal ,legal ,advisor4 ,,vi ,miscellaneous ,enforcement ,provisions #fja4 ,encouraging aliens to depart voluntarily 7a7 ,in general ,section #bdj;,b of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;c7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by amending paragraph 7#a7 to read as follows3 7#a7 ,instead of removal proceedings ,if an alien is not described in paragraph 7#b77;,a77iii7 or 7#d7 of section #bcg7;a71 the ,secretary of ,homeland ,security may permit the alien to voluntarily depart the ,united ,states at the alien's own expense under this subsection instead of being subject to proceedings under section #bdj4 2 7,b7 by striking paragraph 7#c72 7,c7 by redesignating paragraph 7#b7 as paragraph 7#c72 7,d7 by adding after paragraph 7#a7 the following3 7#b7 ,before the conclusion of removal proceedings ,if an alien is not described in paragraph 7#b77;,a77iii7 or 7#d7 of section #bcg7;a71 the ,attorney ,general may permit the alien to voluntarily depart the ,united ,states at the alien's own expense under this subsection after the initiation of removal proceedings under section #bdj and before the conclusion of such proceedings before an immigration judge4 2 7,e7 in paragraph 7#c71 as redesignated-- 7i7 by amending subparagraph 7,a7 to read as follows3 7,a7 ,instead of removal ,subject to subparagraph 7,c71 permission to voluntarily depart under paragraph 7#a7 shall not be valid for any period in excess of #abj days4 ,the ,secretary may require an alien permitted to voluntarily depart under paragraph 7#a7 to post a voluntary departure bond1 to be surrendered upon proof that the alien has departed the ,united ,states within the time specified4 2 7ii7 by redesignating subparagraphs 7,b71 7,c71 and 7,d7 as paragraphs 7,c71 7,d71 and 7,e71 respectively2 7iii7 by adding after subparagraph 7,a7 the following3 7,b7 ,before the conclusion of removal proceedings ,permission to voluntarily depart under paragraph 7#b7 shall not be valid for any period in excess of #fj days1 and may be granted only after a finding that the alien has the means to depart the ,united ,states and intends to do so4 ,an alien permitted to voluntarily depart under paragraph 7#b7 shall post a voluntary departure bond1 in an amount necessary to ensure that the alien will depart1 to be surrendered upon proof that the alien has departed the ,united ,states within the time specified4 ,an immigration judge may waive the requirement to post a voluntary departure bond in individual cases upon a finding that the alien has presented compelling evidence that the posting of a bond will pose a serious financial hardship and the alien has presented credible evidence that such a bond is unnecessary to guarantee timely departure4 2 7iv7 in subparagraph 7,c71 as redesignated1 by striking subparagraphs 7,c7 and7,d77ii7 and inserting subparagraphs 7,d7 and 7,e77ii72 7v7 in subparagraph 7,d71 as redesignated1 by striking subparagraph 7,b7 each place that term appears and inserting subparagraph 7,c72 and 7vi7 in subparagraph 7,e71 as redesignated1 by striking subparagraph 7,b7 each place that term appears and inserting subparagraph 7,c72 and 7,f7 in paragraph 7#d71 by striking paragraph 7#a7 and inserting paragraphs 7#a7 and 7#b72 7#b7 in subsection 7b77#b71 by striking a period exceeding #fj days and inserting any period in excess of #de days2 7#c7 by amending subsection 7c7 to read as follows3 7c7 ,conditions on voluntary departure 7#a7 ,voluntary departure agreement ,voluntary departure may only be granted as part of an affirmative agreement by the alien4 ,a voluntary departure agreement under subsection 7b7 shall include a waiver of the right to any further motion1 appeal1 application1 petition1 or petition for review relating to removal or relief or protection from removal4 7#b7 ,concessions by the secretary ,in connection with the alien's agreement to depart voluntarily under paragraph 7#a71 the ,secretary of ,homeland ,security may agree to a reduction in the period of inadmissibility under subparagraph 7,a7 or 7,b77i7 of section #bab7;a77#i74 7#c7 ,advisals ,agreements relating to voluntary departure granted during removal proceedings under section #bdj1 or at the conclusion of such proceedings1 shall be presented on the record before the immigration judge4 ,the immigration judge shall advise the alien of the consequences of a voluntary departure agreement before accepting such agreement4 7#d7 ,failure to comply with agreement 7,a7 ,in general ,if an alien agrees to voluntary departure under this section and fails to depart the ,united ,states within the time allowed for voluntary departure or fails to comply with any other terms of the agreement 7including failure to timely post any required bond71 the alien is-- 7i7 ineligible for the benefits of the agreement2 7ii7 subject to the penalties described in subsection 7d72 and 7iii7 subject to an alternate order of removal if voluntary departure was granted under subsection 7a77#b7 or 7b74 7,b7 ,effect of filing timely ,appeal ,if1 after agreeing to voluntary departure1 the alien files a timely appeal of the immigration judge's decision granting voluntary departure1 the alien may pursue the appeal instead of the voluntary departure agreement4 ,such appeal operates to void the alien's voluntary departure agreement and the consequences of such agreement1 but precludes the alien from another grant of voluntary departure while the alien remains in the ,united ,states4 7#e7 ,voluntary departure period not affected ,except as expressly agreed to by the ,secretary in writing in the exercise of the ,secretary's discretion before the expiration of the period allowed for voluntary departure1 no motion1 appeal1 application1 petition1 or petition for review shall affect1 reinstate1 enjoin1 delay1 stay1 or toll the alien's obligation to depart from the ,united ,states during the period agreed to by the alien and the ,secretary4 2 7#d7 by amending subsection 7d7 to read as follows3 7d7 ,penalties for failure ,to depart ,if an alien is permitted to voluntarily depart under this section and fails to voluntarily depart from the ,united ,states within the time period specified or otherwise violates the terms of a voluntary departure agreement1 the alien will be subject to the following penalties3 7#a7 ,civil penalty ,the alien shall be liable for a civil penalty of #c1jjj4 ,the order allowing voluntary departure shall specify the amount of the penalty1 which shall be acknowledged by the alien on the record4 ,if the ,secretary thereafter establishes that the alien failed to depart voluntarily within the time allowed1 no further procedure will be necessary to establish the amount of the penalty1 and the ,secretary may collect the civil penalty at any time thereafter and by whatever means provided by law4 ,an alien will be ineligible for any benefits under this chapter until this civil penalty is paid4 7#b7 ,ineligibility for relief ,the alien shall be ineligible during the time the alien remains in the ,united ,states and for a period of #aj years after the alien's departure for any further relief under this section and sections #bdj;,a1 #bde1 #bdh1 and #bdi4 ,the order permitting the alien to depart voluntarily shall inform the alien of the penalties under this subsection4 7#c7 ,reopening ,the alien shall be ineligible to reopen the final order of removal that took effect upon the alien's failure to depart1 or upon the alien's other violations of the conditions for voluntary departure1 during the period described in paragraph 7#b74 ,this paragraph does not preclude a motion to reopen to seek withholding of removal under section #bda7;b77#c7 or protection against torture1 if the motion-- 7,a7 presents material evidence of changed country conditions arising after the date of the order granting voluntary departure in the country to which the alien would be removed2 and 7,b7 makes a sufficient showing to the satisfaction of the ,attorney ,general that the alien is otherwise eligible for such protection4 2 7#e7 by amending subsection 7e7 to read as follows3 7e7 ,eligibility 7#a7 ,prior grant of voluntary departure ,an alien shall not be permitted to voluntarily depart under this section if the ,secretary of ,homeland ,security or the ,attorney ,general previously permitted the alien to depart voluntarily4 7#b7 ,rulemaking ,the ,secretary may promulgate regulations to limit eligibility or impose additional conditions for voluntary departure under subsection 7a77#a7 for any class of aliens4 ,the ,secretary or ,attorney ,general may by regulation limit eligibility or impose additional conditions for voluntary departure under subsections 7a77#b7 or 7b7 of this section for any class or classes of aliens4 2 and 7#f7 in subsection 7f71 by adding at the end the following3 ,notwithstanding section #bdb7;a77#b77;,d7 of this ,act1 sections #acfa1 #afea1 and #bbda of title #bh1 ,united ,states ,code1 any other habeas corpus provision1 and any other provision of law 7statutory or nonstatutory71 no court shall have jurisdiction to affect1 reinstate1 enjoin1 delay1 stay1 or toll the period allowed for voluntary departure under this section44 7b7 ,rulemaking ,the ,secretary shall within one year of the date of enactment of this ,act promulgate regulations to provide for the imposition and collection of penalties for failure to depart under section #bdj;,b7d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;c7d774 7c7 ,effective dates 7#a7 ,in general ,except as provided in paragraph 7#b71 the amendments made by this section shall apply with respect to all orders granting voluntary departure under section #bdj;,b of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;c7 made on or after the date that is #ahj days after the enactment of this ,act4 7#b7 ,exception ,the amendment made by subsection 7a77#f7 shall take effect on the date of the enactment of this ,act and shall apply with respect to any petition for review which is filed on or after such date4 #fjb4 ,deterring aliens ordered removed from remaining in the ,united ,states unlawfully 7a7 ,inadmissible aliens ,section #bab7;a77#i77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#i77;,a77 is amended-- 7#a7 in clause 7i71 by striking seeks admission within #e years of the date of such removal 7or within #bj years and inserting seeks admission not later than #e years after the date of the alien's removal 7or not later than #bj years after the alien's removal2 and 7#b7 in clause 7ii71 by striking seeks admission within #aj years of the date of such alien's departure or removal 7or within #bj years of and inserting seeks admission not later than #aj years after the date of the alien's departure or removal 7or not later than #bj years after4 7b7 ,bar on discretionary relief ,section #bgd;,d of such ,act 7#h ,u4,s4,c4 #cbd;d7 is amended-- 7#a7 in subsection 7a71 by striking ,commissioner and inserting ,secretary of ,homeland ,security2 and 7#b7 by adding at the end the following3 7c7 ,ineligibility for relief 7#a7 ,in general ,unless a timely motion to reopen is granted under section #bdj7;c77#f71 an alien described in subsection 7a7 shall be ineligible for any discretionary relief from removal 7including cancellation of removal and adjustment of status7 during the time the alien remains in the ,united ,states and for a period of #aj years after the alien's departure from the ,united ,states4 7#b7 ,savings provision ,nothing in paragraph 7#a7 shall preclude a motion to reopen to seek withholding of removal under section #bda7;b77#c7 or protection against torture1 if the motion-- 7,a7 presents material evidence of changed country conditions arising after the date of the final order of removal in the country to which the alien would be removed2 and 7,b7 makes a sufficient showing to the satisfaction of the ,attorney ,general that the alien is otherwise eligible for such protection4 4 7c7 ,effective dates ,the amendments made by this section shall take effect on the date of the enactment of this ,act with respect to aliens who are subject to a final order of removal entered before1 on1 or after such date4 #fjc4 ,reinstatement of removal orders 7a7 ,in general ,section #bda7;a77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;a77#e77 is amended to read as follows3 7#e7 ,reinstatement of removal orders against aliens illegally reentering ,if the ,secretary of ,homeland ,security finds that an alien has entered the ,united ,states illegally after having been removed1 deported1 or excluded or having departed voluntarily1 under an order of removal1 deportation1 or exclusion1 regardless of the date of the original order or the date of the illegal entry-- 7,a7 the order of removal1 deportation1 or exclusion is reinstated from its original date and is not subject to being reopened or reviewed notwithstanding section #bdb7;a77#b77;,d72 7,b7 the alien is not eligible and may not apply for any relief under this ,act1 regardless of the date that an application or request for such relief may have been filed or made2 and 7,c7 the alien shall be removed under the order of removal1 deportation1 or exclusion at any time after the illegal entry4 ,reinstatement under this paragraph shall not require proceedings under section #bdj or other proceedings before an immigration judge 4 7b7 ,judicial review ,section #bdb of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abeb7 is amended by adding at the end the following3 7h7 ,judicial review of reinstatement under section #bda7;a77#e7 7#a7 ,review of reinstatement ,judicial review of determinations under section #bda7;a77#e7 is available in an action under subsection 7a74 7#b7 ,no review of original order ,notwithstanding any other provision of law 7statutory or nonstatutory71 including section #bbda of title #bh1 ,united ,states ,code1 any other habeas corpus provision1 or sections #acfa and #afea of such title1 no court shall have jurisdiction to review any cause or claim1 arising from1 or relating to1 any challenge to the original order4 4 7c7 ,effective date ,the amendments made by subsections 7a7 and 7b7 shall take effect as if enacted on ,april #a1 #aiig1 and shall apply to all orders reinstated or after that date by the ,secretary of ,homeland ,security 7or by the ,attorney ,general prior to ,march #a1 #bjjc71 regardless of the date of the original order4 #fjd4 ,clarification with respect to definition of admission ,section #aja7;a77#ac77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ac77;,a77 is amended by adding at the end the following3 ,an alien's adjustment of status to that of lawful permanent resident status under any provision of this ,act1 or under any other provision of law1 shall be considered an admission for any purpose under this ,act1 even if the adjustment of status occurred while the alien was present in the ,united ,states44 #fje4 ,reports to ,congress on the exercise and abuse of prosecutorial discretion 7a7 ,in general ,not later than #ahj days after the end of each fiscal year1 the ,secretary of ,homeland ,security and the ,attorney ,general shall each provide to the ,committees on the ,judiciary of the ,house of ,representatives and of the ,senate a report on the following3 7#a7 ,aliens apprehended or arrested by ,state or local law enforcement agencies who were identified by the ,department of ,homeland ,security in the previous fiscal year and for whom the ,department of ,homeland ,security did not issue detainers and did not take into custody despite the ,department of ,homeland ,security's findings that the aliens were inadmissible or deportable4 7#b7 ,aliens who were applicants for admission in the previous fiscal year but not clearly and beyond a doubt entitled to be admitted by an immigration officer and who were not detained as required pursuant to section #bce7;b77#b77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b77#b77;,a774 7#c7 ,aliens who in the previous fiscal year were found by ,department of ,homeland ,security officials performing duties related to the adjudication of applications for immigration benefits or the enforcement of the immigration laws to be inadmissible or deportable who were not issued notices to appear pursuant to section #bci of such ,act 7#h ,u4,s4,c4 #abbi7 or placed into removal proceedings pursuant to section #bdj 7#h ,u4,s4,c4 #abbi;a71 unless the aliens were placed into expedited removal proceedings pursuant to section #bce7;b77#a77;,a77i7 7#h ,u4,s4,c4 #abbe7;b77#a77;,a77#e77 or section #bch 7#h ,u4,s4,c4 #abbh71 were granted voluntary departure pursuant to section #bdj;,b1 were granted relief from removal pursuant to statute1 were granted legal nonimmigrant or immigrant status pursuant to statute1 or were determined not to be inadmissible or deportable4 7#d7 ,aliens issued notices to appear that were cancelled in the previous fiscal year despite the ,department of ,homeland ,security's findings that the aliens were inadmissible or deportable1 unless the aliens were granted relief from removal pursuant to statute1 were granted voluntary departure pursuant to section #bdj;,b of such ,act 7#h ,u4,s4,c4 #abbi;c71 or were granted legal nonimmigrant or immigrant status pursuant to statute4 7#e7 ,aliens who were placed into removal proceedings1 whose removal proceedings were terminated in the previous fiscal year prior to their conclusion1 unless the aliens were granted relief from removal pursuant to statute1 were granted voluntary departure pursuant to section #bdj;,b1 were granted legal nonimmigrant or immigrant status pursuant to statute1 or were determined not to be inadmissible or deportable4 7#f7 ,aliens granted parole pursuant to section #bab7;d77#e77;,a7 of such ,act 7#h ,u4,s4,c4 #aahb7;d77#e77;,a774 7#g7 ,aliens granted deferred action1 extended voluntary departure or any other type of relief from removal not specified in the ,immigration and ,nationality ,act or where determined not to be inadmissible or deportable4 7b7 ,contents of report ,the report shall include a listing of each alien described in each paragraph of subsection 7a71 including when in the possession of the ,department of ,homeland ,security their names1 fingerprint identification numbers1 alien registration numbers1 and reason why each was granted the type of prosecutorial discretion received4 ,the report shall also include current criminal histories on each alien from the ,federal ,bureau of ,investigation4 #fjf4 ,waiver of ,federal laws with respect to border security actions on ,department of the ,interior and ,department of ,agriculture lands 7a7 ,prohibition on ,secretaries of the ,interior and ,agriculture ,the ,secretary of the ,interior or the ,secretary of ,agriculture shall not impede1 prohibit1 or restrict activities of ,u4,s4 ,customs and ,border ,protection on ,federal land located within #ajj miles of an international land border that is under the jurisdiction of the ,secretary of the ,interior or the ,secretary of ,agriculture1 to execute search and rescue operations and to prevent all unlawful entries into the ,united ,states1 including entries by terrorists1 other unlawful aliens1 instruments of terrorism1 narcotics1 and other contraband through the international land borders of the ,united ,states4 7b7 ,authorized activities of ,u4,s4 ,customs and ,border ,protection ,u4,s4 ,customs and ,border ,protection shall have immediate access to ,federal land within #ajj miles of the international land border under the jurisdiction of the ,secretary of the ,interior or the ,secretary of ,agriculture for purposes of conducting the following activities on such land that prevent all unlawful entries into the ,united ,states1 including entries by terrorists1 other unlawful aliens1 instruments of terrorism1 narcotics1 and other contraband through the international land borders of the ,united ,states3 7#a7 ,construction and maintenance of roads4 7#b7 ,construction and maintenance of barriers4 7#c7 ,use of vehicles to patrol1 apprehend1 or rescue4 7#d7 ,installation1 maintenance1 and operation of communications and surveillance equipment and sensors4 7#e7 ,deployment of temporary tactical infrastructure4 7c7 ,clarification relating to waiver authority 7#a7 ,in general ,notwithstanding any other provision of law 7including any termination date relating to the waiver referred to in this subsection71 the waiver by the ,secretary of ,homeland ,security on ,april #a1 #bjjh1 under section #ajb7;c77#a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #aajc note2 ,public ,law #ajd-bjh7 of the laws described in paragraph 7#b7 with respect to certain sections of the international border between the ,united ,states and ,mexico and between the ,united ,states and ,canada shall be considered to apply to all ,federal land under the jurisdiction of the ,secretary of the ,interior or the ,secretary of ,agriculture within #ajj miles of the international land borders of the ,united ,states for the activities of ,u4,s4 ,customs and ,border ,protection described in subsection 7c74 7#b7 ,description of laws waived ,the laws referred to in paragraph 7#a7 are limited to the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq471 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 the ,national ,historic ,preservation ,act 7#af ,u4,s4,c4 #dgj et seq471 ,public ,law #hf-ebc 7#af ,u4,s4,c4 #dfi et seq471 the ,act of ,june #h1 #aijf 7commonly known as the ,antiquities ,act of #aijf2 #af ,u4,s4,c4 #dca et seq471 the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abga et seq471 the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq471 the ,national ,wildlife ,refuge ,system ,administration ,act of #aiff 7#af ,u4,s4,c4 #ffh;dd et seq471 the ,fish and ,wildlife ,act of #aief 7#af ,u4,s4,c4 #gdb;a et seq471 the ,fish and ,wildlife ,coordination ,act 7#af ,u4,s4,c4 #ffa et seq471 subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act71 the ,national ,park ,service ,organic ,act 7#af ,u4,s4,c4 #a et seq471 the ,general ,authorities ,act of #aigj 7,public ,law #ia-chc7 7#af ,u4,s4,c4 #a;a-#a et seq471 sections #dja7g71 #djc1 and #djd of the ,national ,parks and ,recreation ,act of #aigh 7,public ,law #ie-fbe1 #ib ,stat4 #cdfg71 and the ,arizona ,desert ,wilderness ,act of #aiij 7#af ,u4,s4,c4 #aacb note2 ,public ,law #aja-fbh74 7d7 ,protection of legal uses ,this section shall not be construed to provide-- 7#a7 authority to restrict legal uses1 such as grazing1 hunting1 mining1 or public-use recreational and backcountry airstrips on land under the jurisdiction of the ,secretary of the ,interior or the ,secretary of ,agriculture2 or 7#b7 any additional authority to restrict legal access to such land4 7e7 ,effect on ,state and private land ,this ,act shall-- 7#a7 have no force or effect on ,state or private lands2 and 7#b7 not provide authority on or access to ,state or private lands4 7f7 ,tribal sovereignty ,nothing in this section supersedes1 replaces1 negates1 or diminishes treaties or other agreements between the ,united ,states and ,indian tribes4 7g7 ,report ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of ,homeland ,security shall submit to the appropriate committees of ,congress a report describing the extent to which implementation of this section has affected the operations of ,u4,s4 ,customs and ,border ,protection in the year preceding the report4