,i #aacth ,,congress #b;d ,session ,h4 ,r4 #ecaf ,,in ,,the ,,house ,,of ,,representatives ,july #ca1 #bjad ,mr4 ,stockman introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committees on ,homeland ,security1 ,ways and ,means1 ,armed ,services1 and ,foreign ,affairs1 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 secure the border between the ,united ,states and ,mexico4 #a4 ,short title ,this ,act may be cited as the ,safely ,exacting ,cautious ,useful ,rules for ,immigration ,this ,year 7,,security7 ,act4 #b4 ,findings and declaration of policy 7a7 ,the ,congress finds that3 7#a7 ,an estimated #aa1hjj1jjj aliens reside in the ,united ,states in contravention of ,federal immigration law4 7#b7 ,the construction of a double-layered fence along the entire ,southern ,border reduces illegal immigration1 decreases cross-border smuggling1 and enables the effective deployment of manpower1 as demonstrated by the ,san ,diego sector where a fence was built in #bjjd4 7#c7 ,aliens1 such as the ,el ,salvadoran national and ,,ms-#ac gang members ,kevin ,fabricio ,claros ,cantarero and ,julio ,martinez1 have attempted to use applications for asylum in order to reside in the ,united ,states4 7#d7 ,the closing of ,border ,patrol stations1 such as in ,june #bjaa1 and failure to deploy the ,national ,guard to assist the ,border ,patrol1 such as during the border crisis of ,june #bjad1 impaired the ability of law enforcement to secure the border4 7#e7 ,the backlog of immigration cases1 in which #hg percent of cases where ,,ice filed ,notices to ,appear between #bjji to #bjad are still pending in #bjad1 could be addressed if ,congress knew the number of judges needed in immigration courts4 7#f7 ,illegal aliens1 despite being ineligible1 received #d4b billion in additional child tax credits from the ,united ,states ,treasury in #bjaj by applying with an individual taxpayer identification number4 7#g7 ,aliens have been applying for and receiving public benefits from ,federal1 ,state1 and local governments in substantially burdensome levels1 such as #gia4f million covered by ,california taxpayers in #bjac4 7b7 ,the ,congress further finds and declares that it serves a compelling government interest of the ,united ,states to-- 7#a7 establish and regularly evaluate the security at ,united ,states borders using the same metric2 7#b7 construct a double-layered fence along the entire ,southern ,border of the ,united ,states2 7#c7 provide adequate manpower for enforcement of immigration laws1 sufficient judges to address the backlog in immigration courts1 and the appropriate number of beds and facilities to meet immigration detention needs2 7#d7 end the release of dangerous criminal aliens and the likelihood of foreign gang members using refugee and asylee status to reside in the ,united ,states2 and 7#e7 remove incentives for illegal immigration provided by the availability of public benefits4 #c4 ,achieving and maintaining operational control of the border 7a7 ,plan ,not later than #ahj days of the date of enactment of this ,act1 the ,secretary of ,homeland ,security shall develop and submit to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate a plan to achieve and maintain operational control of the entire international land and maritime borders of the ,united ,states4 ,the ,secretary shall begin implementing the plan immediately following its submission4 7b7 ,definition of operational control of the border ,for purposes of this ,act1 the term operational control means the prevention of all unlawful entries into the ,united ,states1 including entries by terrorists1 other unlawful aliens1 instruments of terrorism1 narcotics1 and other contraband4 ,any changes to the definition of operational control as defined in this ,act must be approved by ,congress4 7c7 ,report and certification 7#a7 ,not later than one year after the date of enactment of this ,act and annually thereafter1 the ,secretary shall submit to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate a report on the progress made toward achieving and maintaining operational control of the entire international land and maritime borders of the ,united ,states4 ,such report shall contain an analysis of the reason why1 if any1 operational control has not been achieved or maintained1 and steps the ,department will take to meet its goal of operational control4 7#b7 ,within #cj days of receiving the report1 the respective committees in subsection 7#a7 must certify whether operational control has been met4 7d7 ,failure ,to achieve operational control ,if the ,department of ,homeland ,security fails to achieve or maintain operational control1 then twenty-five percent of the ,department's ,under ,secretary for ,management's budget will be cut and redistributed to ,customs and ,border ,protection to go toward surveillance and interdiction activities4 #d4 ,construction and completion of reinforced double-layered fencing along the southern border 7a7 ,section #efd of division ,e of the ,consolidated ,appropriations ,act of #bjjh 7,public ,law #aaj-afa7 is hereby repealed4 7b7 ,plan ,the ,secretary of ,homeland ,security shall establish a plan to construct double-layered reinforced fencing as required under section #c of the ,secure ,fence ,act of #bjjf 7,public ,law #aji-cfg74 ,such plan must be submitted by the ,secretary within #ahj days of enactment of this ,act to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate4 ,the plan shall include annual deadlines to complete a proportion of the total construction of the fence1 with the entirety of the fence to be completed no later than #aj years from the date of the submission of the plan4 7c7 ,report ,not later than one year after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of ,homeland ,security shall submit a report on the progress of the fence to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate4 ,the report shall include whether planned objectives have been achieved by the ,secretary's proposed deadline1 and detailed reasons why such deadline1 if any1 has not been met4 7d7 ,if the ,secretary of ,homeland ,security does not submit a plan or fencing progress reports as required by subsections 7b7 and 7c7 of this section1 the budget of the ,secretary of ,homeland ,security shall be reduced by twenty-five percent and redistributed to ,customs and ,border ,protection operations along the border where the fence has not yet been constructed4 #e4 ,use of national guard to support department of homeland security border control activities 7a7 ,deployment ,in addition to the members of the ,national ,guard deployed along the ,southern ,border as of the date of the enactment of this ,act1 the ,secretary of ,defense shall provide for the deployment of not less than an additional #aj1jjj members of the ,national ,guard to be made available to border ,state ,governors along the ,southern ,border until the date on which the ,secretary of ,homeland ,security certifies that the ,federal ,government has achieved operational control of the ,southern ,border as defined in section #b of this ,act4 7#a7 ,additional deployments ,the ,secretary of ,defense may exceed the number specified in this section at the request of a ,governor of a ,state along the ,southern ,border if operational control of the ,southern ,border has not been achieved4 7#b7 ,deployment authorities ,members of the ,national ,guard required to be deployed under this section may be deployed under section #ejb7;f7 of title #cb1 ,united ,states ,code1 pursuant to a ,state border control activities plan approved under section #aab;a of such title1 as added by this section1 or pursuant to the order of the ,secretary of ,defense under any other provision of law4 7b7 ,exemption from end strengths and other limitations ,members of the ,national ,guard deployed pursuant to this section shall not be included in the calculation to determine compliance with-- 7#a7 limits on end strength2 or 7#b7 limits on the number of ,national ,guard personnel that may be placed on active duty for operational support4 7c7 ,federal assistance for state border control activities plans ,title #cb1 ,united ,states ,code1 is amended by adding after section #aae1 section #aaf3 #aaf4 ,assisting ,states in securing the border 7a7 ,funding assistance ,the ,secretary of ,defense shall provide funds to the ,governor of a ,state who submits to the ,secretary a ,state border control activities plan satisfying the requirements of subsection 7c74 ,such funds shall be used for the following3 7#a7 ,the pay1 allowances1 clothing1 subsistence1 gratuities1 travel1 and related expenses1 as authorized by ,state law1 of personnel of the ,national ,guard of that ,state used1 while not in ,federal service1 for the purpose of border control activities4 7#b7 ,the operation and maintenance of the equipment and facilities of the ,national ,guard of that ,state used for the purpose of border control activities4 7#c7 ,the procurement of services and equipment1 and the leasing of equipment1 for the ,national ,guard of that ,state used for the purpose of border control activities4 ,however1 the use of such funds for the procurement of equipment may not exceed #aj1jjj per item1 unless approval for procurement of equipment in excess of that amount is granted in advance by the ,secretary of ,defense4 7b7 ,use of personnel performing full-,time ,national ,guard duty 7#a7 ,under regulations prescribed by the ,secretary of ,defense1 personnel of the ,national ,guard of a ,state may1 in accordance with the ,state border control activities plan referred to in subsection 7c71 be ordered to perform full-time ,national ,guard duty under section #ejb7;f7 of this title for the purpose of carrying out border control activities4 7#b7 ,a member of the ,national ,guard serving full-time ,national ,guard duty under orders authorized under paragraph 7#a7 shall participate in the training required under section #ejb7;a7 of this title in addition to the duty performed for the purpose authorized under that paragraph4 ,the pay1 allowances1 and other benefits of the member while participating in the training shall be the same as those to which the member is entitled while performing duty for the purpose of carrying out border control activities4 ,the member is not entitled to additional pay1 allowances1 or other benefits for participation in training required under section #ejb7;a77#a7 of this title4 7#c7 ,appropriations available for the ,department of ,defense for homeland defense may be used for paying costs associated with a member's participation in training described in this section4 ,appropriations available for paying those costs shall be available for making the reimbursements4 7c7 ,to ensure that the use of units and personnel of the ,national ,guard of a ,state pursuant to a ,state border control activities plan does not degrade the training and readiness of such units and personnel1 the following requirements shall apply in determining the border control activities that units and personnel of the ,national ,guard of a ,state may perform3 7#a7 ,the performance of the activities may not adversely affect the quality of that training or otherwise interfere with the ability of a member or unit of the ,national ,guard to perform the military functions of the member or unit4 7#b7 ,national ,guard personnel will not degrade their military skills as a result of performing the activities4 7#c7 ,the performance of the activities will not result in a significant increase in the cost of training4 7#d7 ,in the case of border control activities performed by a unit organized to serve as a unit1 the activities will support valid unit training requirements4 7d7 ,plan requirements ,a ,state border control activities plan shall-- 7#a7 specify how personnel of the ,national ,guard of that ,state are to be used in border control activities in support of the mission of the ,united ,states ,customs and ,border ,protection of the ,department of ,homeland ,security2 7#b7 certify that those operations are to be conducted at a time when the personnel involved are not in ,federal service2 7#c7 certify that participation by ,national ,guard personnel in those operations is service in addition to training required under section #ejb of this title2 7#d7 certify that any engineer-type activities 7as defined by the ,secretary of ,defense7 under the plan will be performed only by units and members of the ,national ,guard2 7#e7 include a certification by the ,attorney ,general of the ,state 7or1 in the case of a ,state with no position of ,attorney ,general1 a civilian official of the ,state equivalent to a ,state attorney general7 that the use of the ,national ,guard of the ,state for the activities proposed under the plan is authorized by1 and is consistent with1 ,state law2 and 7#f7 certify that the ,governor of the ,state or a civilian law enforcement official of the ,state designated by the ,governor has determined that any activities included in the plan that are carried out in conjunction with ,federal law enforcement agencies serve a ,state law enforcement purpose4 7e7 ,examination of plan ,before funds are provided to the ,governor of a ,state under this section and before members of the ,national ,guard of that ,state are ordered to full-time ,national ,guard duty as authorized in subsection 7b71 the ,secretary of ,defense shall1 in consultation with the ,secretary of ,homeland ,security1 examine the adequacy of the plan submitted by the ,governor under subsection 7c74 ,the plan as approved by the ,secretary of ,defense may provide for the use of personnel and equipment of the ,national ,guard of that ,state to assist ,united ,states ,customs and ,border ,protection in the transportation of aliens who have violated a ,federal immigration law4 7f7 ,annual report ,the ,secretary of ,defense shall submit to ,congress within #ahj days an annual report regarding assistance provided and activities carried out under this section during the preceding fiscal year4 ,the report shall include the following3 7#a7 ,the number of members of the ,national ,guard deployed along the border4 7#b7 ,a description of the border control activities conducted by the ,national ,guard along the border4 7#c7 ,an accounting of the amount of funds provided to each ,state4 7#d7 ,a description of the effect on military training and readiness of using units and personnel of the ,national ,guard to perform activities under the ,state border control activities plans4 7g7 ,statutory construction ,nothing in this section shall be construed as a limitation on the authority of any unit of the ,national ,guard of a ,state1 when such unit is not in ,federal service1 to perform law enforcement functions authorized to be performed by the ,national ,guard by the laws of the ,state concerned4 7h7 ,border control activities defined ,the term border control activities1 with respect to the ,national ,guard of a ,state1 means the use of ,national ,guard personnel in border control activities authorized by the law of the ,state and requested by the ,governor of the ,state in support of the mission of the ,united ,states ,customs and ,border ,protection of the ,department of ,homeland ,security1 including activities as follows3 7#a7 ,armed vehicle and foot patrols along the international border between the ,united ,states and ,mexico4 7#b7 ,interdiction of a vehicle1 vessel1 aircraft or other similar activity4 7#c7 ,search1 seizure1 and detention of suspects4 7#d7 ,construction of roads1 fences1 and vehicle barriers4 7#e7 ,search and rescue operations4 7#f7 ,intelligence gathering1 surveillance1 and reconnaissance4 7#g7 ,aviation support4 4 #f4 ,keeping criminal aliens off of the streets 7a7 ,detention1 release1 and removal of aliens ordered removed 7#a7 ,in section #bda7;a77#a77;,a7 of the ,immigration and ,nationality ,act1 strike ,attorney ,general and insert ,secretary of ,homeland ,security4 7#b7 ,in section #bda7;a77#a77;,b7 of the ,immigration and ,nationality ,act1 strike following3 and insert following1 if the alien is in the custody of the ,secretary on the date in question1 and if the alien is not yet in the custody of the ,secretary1 then the removal period will start on the day the alien is taken into custody of the ,secretary after the latest of the following34 7#c7 ,strike section #bda7;a77#a77;,c7 of the ,immigration and ,nationality ,act1 and replace with3 7,c7 ,suspension of period ,the removal period shall be extended beyond a period of #ij days and the alien may remain in detention during such extended period if3 7i7 ,the alien fails or refuses to make timely application in good faith for travel or other documents necessary to the alien's departure or conspires or acts to prevent the alien's removal subject to an order of removal1 or in any other way fails or refuses to fully cooperate with the ,secretary of ,homeland ,security's efforts to carry out the removal order4 7ii7 ,any court1 immigration judge or the ,board of ,immigration ,appeals orders a stay of the alien's removal4 7iii7 ,another agency takes custody of the alien4 4 7#d7 ,in section #bda7;a77#a77b7 of the ,immigration and ,nationality ,act1 strike ,attorney ,general each time it appears and replace with ,secretary of ,homeland ,security4 7#e7 ,strike section #bda7;a77#c7 of the ,immigration and ,nationality ,act and replace with3 ,supervision after #ij-;day period ,if the alien does not leave or is not removed within the removal period1 or is not detained pursuant to paragraph 7#h7 of this subsection1 the alien pending removal shall be subject to supervision under regulations prescribed by the ,secretary of ,homeland ,security4 ,the regulations shall include provisions3 7,a7 ,requiring the alien-- 7i7 to appear before an immigration officer monthly for identification1 and to be eligible for placement in detention again if an appearance is missed2 7ii7 to give information under oath about the alien's nationality1 circumstances1 habits1 associations1 and activities1 and other information the ,secretary of ,homeland ,security considers appropriate2 and 7iii7 to obey reasonable restrictions on the alien's conduct or activities that the ,secretary of ,homeland ,security prescribes for the alien through regulations4 7,b7 ,the ,secretary of ,homeland ,security must ensure-- 7i7 that the alien's whereabouts are continually monitored electronically to prevent the alien absconding2 7ii7 that local law enforcement are notified upon the alien's settlement in a community of the alien's arrival and known criminal history2 and 7iii7 that any other reasonable precautions in light of the alien's circumstances of release are taken for the protection of the community1 at the ,federal ,government's expense4 4 7#f7 ,in section #bda7;a77#d7 of the ,immigration and ,nationality ,act1 strike ,attorney ,general each time it appears and replace with ,secretary of ,homeland ,security4 7#g7 ,in section #bda7;a77#f7 of the ,immigration and ,nationality ,act1 insert following comply with the order of removal1 1 in accordance with the procedures in paragraph 7#h74 7#h7 ,insert after paragraph 7#g73 7#h7 ,detention of aliens from countries refusing repatriation ,the ,secretary of ,homeland ,security shall establish an administrative review process through the rulemaking process1 available only to those aliens who are not otherwise subject to mandatory detention1 to determine whether and how to release those aliens who have received a final order of removal1 and have made all reasonable efforts to comply1 including fully cooperating with the ,secretary of ,homeland ,security1 but the ,united ,states has been unable to return to the alien's country of origin4 7,a7 ,the ,secretary will have the authority to detain the alien for #ij days beyond the removal period even if this review process is not instituted4 7,b7 ,at the end of the removal period1 the ,secretary shall indicate in writing if the review process should be initiated4 7,c7 ,the first hearing to determine whether the alien should be released shall be held within #ij days after the ,secretary indicates the review process shall be initiated4 7,d7 ,both the ,secretary and the alien shall be able to present evidence during this review process4 7,e7 ,there will be further hearings every #ahj days to determine whether the alien should remain in detention or1 if released1 be again detained1 until the alien is removed from the ,united ,states or otherwise leaves the country4 7,f7 ,during the review process1 the alien may continue to be detained1 or1 if released1 shall be detained again1 if evidence is presented at the first or subsequent hearing that-- 7i7 there is still any significant likelihood the alien may be removed1 7ii7 the alien has a highly contagious disease that poses a threat to public safety1 7iii7 the ,secretary of ,state says release would have adverse foreign policy consequences1 7iv7 there is reason to believe based on classified information that releasing the alien would threaten the security of the ,united ,states1 7v7 the release of the alien would threaten the safety of the community or any individual1 7vi7 conditions of release cannot be expected to ensure the safety of the community1 7vii7 the alien has committed any aggravated felonies as defined in section #aja7;a77#dc77;,a7 of this ,act1 or a crime of violence as defined in #af ,u4,s4,c4 #ah1 or 7viii7 because of a mental condition the alien is likely to commit a crime of violence or threaten the safety of himself or any other person4 7,g7 ,the review will allow one administrative appeal of the outcome of the hearing4 ,after the alien has exhausted his administrative remedies1 review of the outcome will only be available through habeas corpus proceedings under the ,u4,s4 ,district ,court for the ,district of ,columbia4 7,h7 ,if the review determines that the alien should be released1 the ,secretary of ,homeland ,security shall provide notice to the chief law enforcement officers of the ,state and local jurisdiction in which the alien is released of the identity of the alien and the circumstances which under which he or she was not able to be removed or detained1 and will describe what sanctions1 if any1 have been applied to the alien's country1 if the alien has not been removed because that country has refused to accept the alien4 4 7b7 ,strike section #bdc7;d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abec7;d77 and replace with the following3 7d7 ,sanctions on countries which deny or delay accepting aliens 7#a7 ,countries refusing or unreasonably delaying repatriation ,if a country for more than #fj days after receiving a request from an official of the ,united ,states who is authorized to make such a request refuses to accept an alien who is a citizen1 national1 subject1 or resident1 that country will be considered to be refusing or unreasonably delaying repatriation4 7#b7 ,report 7,a7 ,within #ij days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall prepare1 publish publicly to the ,department of ,homeland ,security ,website1 and submit to ,congress a report listing for each month the following3 7i7 ,the number of aliens without lawful status or presence released from the custody of the ,department of ,homeland ,security with criminal convictions or arrests1 including a list of the crimes for which each alien was convicted or arrested1 the reason for the release from custody1 and the detention status of each alien4 7ii7 ,the number of aliens without lawful status or presence that come from a country1 which1 in the previous six months1 refused or unreasonably delaying repatriating its citizens1 nationals1 subjects1 or residents1 and will include the total number of aliens from each country that has refused or delayed repatriation1 the detention status of each of these aliens1 and the criminal record of each of these aliens4 7,b7 ,following the first report1 the ,secretary shall submit subsequent reports annually4 ,if the ,secretary of ,homeland ,security misses the deadline for submitting one of these reports by more than #ij days1 any ,american citizen has a cause of action in the ,united ,states ,district ,court against the ,secretary to compel the ,secretary to publish the late report4 7#c7 ,visas ,not later than #fj days after the first report has been submitted1 and for each report thereafter1 the ,secretary of ,state may not issue a visa to any citizen1 national1 subject1 or resident of a country listed in the report4 ,this subsection will apply to the country until a report pursuant to subsection 7#b7 of this section is submitted to ,congress or the ,secretary of ,homeland ,security otherwise certifies that the country no longer meets the requirements to be listed in the report1 and the country has issued appropriate travel documents to and accepted every alien listed in a report that they have refused4 ,if the ,state ,department should issue a visa to a citizen1 national1 subject1 or resident when it is not legal to do so under this section1 that visa shall be null and void under law4 ,if a ,state ,department issues a visa when it is not legal to do so under this section1 employees of the ,state ,department shall no longer be eligible for bonuses or salary increases until it has revoked all such unlawful visas and stopped issuing such visas4 7#d7 ,trade ,if a country listed in the report has any favored or preferred status in a trade agreement with the ,united ,states1 the country will lose that status4 ,this sanction will apply to the country until another report is submitted to ,congress or the ,secretary of ,homeland ,security otherwise certifies that the country no longer meets the requirements to be listed in the report1 and the country has issued appropriate travel documents to and accepted every alien listed in a report that they have refused4 7#e7 ,foreign aid ,if a country listed in the report receives any money from the ,united ,states in foreign aid1 the ,united ,states will discontinue all such aid4 ,this sanction will apply to the country until another report is submitted to ,congress or the ,secretary of ,homeland ,security otherwise certifies that the country no longer meets the requirements to be listed in the report1 and the country has issued appropriate travel documents to and accepted every alien listed in a report that they have refused4 4 7c7 ,severability ,if any of the provisions of this ,act is held to be invalid for any reason1 the remainder of the ,act shall not be affected by such holding4 #g4 ,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 7related 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 enactment of this paragraph4 4 7b7 ,inadmissibility ,section #bab7;a77#b7 of such ,act 7#h ,u4,s4,c4 #aahb7;a77#b771 is amended by adding at the end the following3 7,j7 ,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 is amended by adding at the end the following3 7,g7 ,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 ,the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7 is amended by inserting after section #bai the following3 #bbj4 ,designation of ,criminal ,street ,gang 7a7 ,designation ,the ,secretary of ,homeland ,security1 in consultation with the ,attorney ,general and the ,secretary of ,state1 may designate a group or association as a criminal street gang if its 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 safety1 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 ,the ,secretary shall notify the ,senate ,judiciary ,committee and the ,house ,judiciary ,committee of any revocation of designation at least #cj days before the revocation takes effect4 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 ,sec4 #bbj4 ,designation of criminal street gang44 4 7e7 ,mandatory detention 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;,j71 after #bab7;a77#c77;,b72 and 7,b7 by inserting or #bcg7;a77#b77;,g71 before #bcg7;a77#d77;,b74 7#b7 ,annual report ,not later than #ahj days after the end of each fiscal year1 the ,secretary of ,homeland ,security1 after consultation with the ,department of ,justice1 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;,j77i7 or section #bcg7;a77#b77;,g77i7 or who is following 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;,j77i7 or section #bcg7;a77#b77;,g77i7 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#c7 and redesignating paragraph 7#d7 as paragraph 7#c72 and 7,b7 in paragraph 7#c71 as redesignated1 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 ,act4 #h4 ,additional judges 7a7 ,evaluation ,not later than #cj days after the enactment of this ,act1 the ,attorney ,general1 in consultation with the ,secretary of ,homeland ,security1 shall submit to ,congress a report indicating the number1 if any1 of additional immigration judges that are needed to process the backlog of removal cases4 7b7 ,reporting ,following the initial report1 the ,attorney ,general1 in consultation with the ,secretary of ,homeland ,security1 shall thereafter submit a report annually to the ,committee on the ,judiciary in the ,senate and the ,committee on the ,judiciary in the ,house1 indicating the number of immigration judges needed for the following fiscal year4 #i4 ,additional detention space 7a7 ,additional detention space needed ,to house unlawful entrants ,not later than #cj days of enactment1 the ,secretary of ,homeland ,security shall submit to ,congress a request for additional beds and detention space needed to hold criminal aliens and aliens without lawful presence or lawful status4 7b7 ,reporting ,the ,secretary of ,homeland ,security shall submit to ,congress annually a report indicating the number1 if any1 of additional detention beds and detention space needed to hold criminal aliens and aliens without lawful presence or lawful status4 7c7 ,funding ,such requests are hereby authorized to be funded4 #aj4 ,offsets 7a7 ,closing the additional child tax credit loophole 7#a7 ,in general ,subsection 7e7 of section #bd of the ,internal ,revenue ,code of #aihf is amended by striking under this section to a taxpayer and all that follows and inserting under this section to any taxpayer unless-- 7,a7 such taxpayer includes the taxpayer's valid identification number 7as defined in section #fdbh7;h77#b77 on the return of tax for the taxable year1 and 7,b7 with respect to any qualifying child1 the taxpayer includes the name and taxpayer identification number of such qualifying child on such return of tax4 4 7#b7 ,effective date ,the amendment made by this section shall apply to the first full taxable year and all subsequent years following the date of enactment of this ,act4 7b7 ,section #afda of title #h of the ,united ,states ,code is amended by adding 7#a7 ,limitation on benefits for previously unlawful aliens 7d7 ,limitation on benefits for previously unlawful aliens ,any alien in violation of section #bab7;a77#f7 or section #bab7;a77#g7 of the ,immigration and ,nationality ,act who gains lawful status pursuant to an ,act of ,congress1 or lawful status or lawful presence pursuant to an order or policy directive by the ,executive ,branch1 is hereby not qualified for public benefits under this section4 4 7#b7 ,effective date ,this provision shall be effective upon enactment of this ,act4 7c7 ,foreign remittance tax 7#a7 ,in general ,section #ajgc of ,public ,law #aaa-bjc is amended by adding3 ,taxation of ,remittances ,all monetary remittances sent from senders in the ,united ,states to recipients in any of the top ten remittance recipient nations shall be taxed at the rate of ten percent 7#aj7 of the transmitted amount1 provided however that the transmitters shall not be required to provide to the ,internal ,revenue ,service information with respect to each individual transmission4 ,the top ten remittance recipients are defined as those ten nations with the greatest money transfers from the ,united ,states1 from reported data required in ,public ,law #aaa-bjc4 4 7#b7 ,effective date ,this provision shall be effective upon enactment of this ,act4 #aa4 ,limitation on deferred action for childhood arrivals2 restrictions on employment authorization for aliens not in lawful status ,no agency or instrumentality of the ,federal ,government may use ,federal funding or resources-- 7#a7 to consider or adjudicate any new or previously denied application of any alien requesting consideration of deferred action for childhood arrivals1 as authorized by ,executive memorandum on ,august #ae1 #bjab2 or 7#b7 to authorize any alien to work in the ,united ,states if such alien-- 7,a7 was not lawfully admitted into the ,united ,states in compliance with the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq472 and 7,b7 is not in lawful status in the ,united ,states on the date of the enactment of this ,act4