,i #aaeth ,,congress #b;d ,session ,h4 ,r4 #gjei ,,in ,,the ,,house ,,of ,,representatives ,october #ab1 #bjah,mr4 ,mc,carthy 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 the ,budget1 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 fund construction of the southern border wall and to ensure compliance with ,federal immigration law4 #a4 ,short title ,this ,act may be cited as the ,build the ,wall1 ,enforce the ,law ,act of #bjah4 #b4 ,findings ,congress finds the following3 7#a7 ,voting is fundamental to a functioning democracy4 7#b7 ,the ,constitution prohibits discrimination in voting based on race1 sex1 poll taxes1 and age4 7#c7 ,it is of paramount importance that the ,united ,states maintains the legitimacy of its elections and protects them from interference1 including interference from foreign threats and illegal voting4 7#d7 ,the city of ,san ,francisco1 ,california1 is allowing non-citizens1 including illegal immigrants1 to register to vote in school board elections4 7#e7 ,federal law prohibits non-citizens from voting in elections for ,federal office4 7#f7 ,the national security interests of the ,united ,states are dependent on the brave men and women who enforce our ,nation's immigration laws4 7#g7 ,abolishing ,united ,states ,immigration and ,customs ,enforcement 7,,ice7 would mean open borders because it would eliminate the main agency responsible for removing people who enter or remain in our country illegally4 7#h7 ,calls to abolish ,,ice are an insult to these heroic law enforcement officers who make sacrifices every day to secure our borders1 enforce our laws1 and protect our safety and security4 7#i7 ,abolishing ,,ice would allow dangerous criminal aliens1 including violent and ruthless members of the ,,ms-#ac gang1 to remain in ,american communities4 7#aj7 ,during fiscal year #bjag1 ,,ice ,enforcement and ,removal ,operations 7,,ero7 arrested more than #abg1jjj aliens with criminal convictions or charges4 7#aa7 ,,ice ,,ero made #e1bbe administrative arrests of suspected gang members in fiscal year #bjag4 7#ab7 ,criminal aliens arrested by ,,ice ,,ero in fiscal year #bjag were responsible for more than-- 7,a7 #gf1jjj dangerous drug offenses2 7,b7 #dh1jjj assault offenses2 7,c7 #aa1jjj weapon offenses2 7,d7 #e1jjj sexual assault offenses2 7,e7 #b1jjj kidnapping offenses2 and 7,f7 #a1hjj homicide offenses4 7#ac7 ,,ice ,homeland ,security ,investigations made #d1hah gang-related arrests in fiscal year #bjag4 7#ad7 ,,ice identified or rescued #ijd sexually exploited children2 ,whereas ,,ice identified or rescued #eah victims of human trafficking2 ,whereas abolishing ,,ice would mean that countless illegal aliens who could pose a threat to public safety would be allowed to roam free instead of being removed from ,american soil4 7#ae7 ,abolishing ,,ice would mean more dangerous illegal drugs flowing into our communities1 causing more ,americans to needlessly suffer4 7#af7 ,,ice plays a critical role in combatting the drug crisis facing our ,nation4 7#ag7 ,,ice seized more than #ihj1jjj pounds of narcotics in fiscal year #bjag1 including thousands of pounds of the deadly drugs fueling the opioid crisis4 7#ah7 ,,ice seized #b1cgj pounds of fentanyl and #f1ifg pounds of heroin in fiscal year #bjag4 7#ai7 ,,ice logged nearly #ij1jjj investigative hours directed toward fentanyl in fiscal year #bjag4 7#bj7 ,abolishing ,,ice would leave these drugs in our communities to cause more devastation4 7#ba7 ,abolishing ,,ice would mean eliminating the agency that deports aliens that pose a terrorist threat to the ,united ,states4 7#bb7 ,,ice was created in #bjjc to better protect national security and public safety after the #i_/aa terrorists exploited immigration laws to gain entry into the ,united ,states4 7#bc7 ,the ,national ,commission on ,terrorist ,attacks found that many of the #i_/aa hijackers committed visa violations4 7#bd7 ,,ice identifies dangerous individuals before they enter our country and locates them as they violate our immigration laws4 7#be7 ,abolishing ,,ice would enable the hundreds of thousands of foreign nationals who illegally overstay their visa each year to remain in the ,united ,states indefinitely4 #c4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 allowing illegal immigrants the right to vote devalues the franchise and diminishes the voting power of ,united ,states citizens2 and 7#b7 ,congress-- 7,a7 supports all ,united ,states ,immigration and ,customs ,enforcement 7,,ice7 officers and personnel who carry out the important mission of ,,ice2 7,b7 denounces calls for the abolishment of ,,ice2 and 7,c7 supports the efforts of all ,federal agencies1 ,state law enforcement1 and military personnel who bring law and order to our ,nation's borders4 #d4 ,state noncompliance with enforcement of immigration law 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 subsection 7a7 and inserting the following3 7a7 ,in general ,notwithstanding any other provision of ,federal1 ,state1 or local law1 no ,federal1 ,state1 or local government entity1 and no individual1 may prohibit or in any way restrict1 a ,federal1 ,state1 or local government entity1 official1 or other personnel from complying with the immigration laws 7as defined in section #aja7;a77#ag7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ag7771 or from assisting or cooperating with ,federal law enforcement entities1 officials1 or other personnel regarding the enforcement of these laws4 2 7#b7 by striking subsection 7b7 and inserting the following3 7b7 ,law enforcement activities ,notwithstanding any other provision of ,federal1 ,state1 or local law1 no ,federal1 ,state1 or local government entity1 and no individual1 may prohibit1 or in any way restrict1 a ,federal1 ,state1 or local government entity1 official1 or other personnel from undertaking any of the following law enforcement activities as they relate to information regarding the citizenship or immigration status1 lawful or unlawful1 the inadmissibility or deportability1 or the custody status1 of any individual3 7#a7 ,making inquiries to any individual in order to obtain such information regarding such individual or any other individuals4 7#b7 ,notifying the ,federal ,government regarding the presence of individuals who are encountered by law enforcement officials or other personnel of a ,state or political subdivision of a ,state4 7#c7 ,complying with requests for such information from ,federal law enforcement entities1 officials1 or other personnel4 2 7#c7 in subsection 7c71 by striking ,immigration and ,naturalization ,service and inserting ,department of ,homeland ,security2 and 7#d7 by adding at the end the following3 7d7 ,compliance 7#a7 ,eligibility for certain grant programs ,a ,state1 or a political subdivision of a ,state1 that is found not to be in compliance with subsection 7a7 or 7b7 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;i771 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 seq471 or the ,edward ,byrne ,memorial ,justice ,assistance ,grant ,program under subpart #a of part ,e of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgej et seq472 or 7,b7 any other grant administered by the ,department of ,justice or the ,department of ,homeland ,security that is substantially related to law enforcement1 terrorism1 national security1 immigration1 or naturalization4 7#b7 ,exception ,a political subdivision is not found not to be in compliance with subsection 7a7 or 7b7 as a consequence of being required to comply with a statute or other legal requirement of a ,state or another political subdivision with jurisdiction over that political subdivision1 and shall remain eligible to receive grant funds described in paragraph 7#a74 ,in the case described in the previous sentence1 the ,state or political subdivision that enacted the statute or other legal requirement shall not be eligible to receive such funds4 7#c7 ,transfer of custody of aliens pending removal proceedings ,the ,secretary1 at the ,secretary's discretion1 may decline to transfer an alien in the custody of the ,department of ,homeland ,security to a ,state or political subdivision of a ,state found not to be in compliance with subsection 7a7 or 7b71 regardless of whether the ,state or political subdivision of the ,state has issued a writ or warrant4 7#d7 ,transfer of custody of certain aliens prohibited ,the ,secretary shall not transfer an alien with a final order of removal pursuant to paragraph 7#a77;,a7 or 7#e7 of section #bda7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;a77 to a ,state or a political subdivision of a ,state that is found not to be in compliance with subsection 7a7 or 7b74 7#e7 ,annual determination ,the ,secretary shall determine for each calendar year which ,states or political subdivision of ,states are not in compliance with subsection 7a7 or 7b7 and shall report such determinations to ,congress by ,march #a of each succeeding calendar year4 7#f7 ,reports ,the ,secretary of ,homeland ,security shall issue a report concerning the compliance with subsections 7a7 and 7b7 of any particular ,state or political subdivision of a ,state at the request of the ,house or the ,senate ,judiciary ,committee4 ,any jurisdiction that is found not to be in 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 ,secretary of ,homeland ,security certifies that the jurisdiction has come into compliance4 7#g7 ,reallocation ,any funds that are not allocated to a ,state or to a political subdivision of a ,state due to the failure of the ,state or of the political subdivision of the ,state to comply with subsection 7a7 or 7b7 shall be reallocated to ,states or to political subdivisions of ,states that comply with both such subsections4 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 apply only to prohibited acts committed on or after the date of the enactment of this ,act4 #e4 ,clarifying the authority of ,,ice detainers 7a7 ,in general ,section #bhg7;d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aceg7;d77 is amended to read as follows3 7d7 ,detainer of inadmissible or deportable aliens 7#a7 ,in general ,in the case of an individual who is arrested by any ,federal1 ,state1 or local law enforcement official or other personnel for the alleged violation of any criminal or motor vehicle law1 the ,secretary may issue a detainer regarding the individual to any ,federal1 ,state1 or local law enforcement entity1 official1 or other personnel if the ,secretary has probable cause to believe that the individual is an inadmissible or deportable alien4 7#b7 ,probable cause ,probable cause is deemed to be established if-- 7,a7 the individual who is the subject of the detainer matches1 pursuant to biometric confirmation or other ,federal database records1 the identity of an alien who the ,secretary has reasonable grounds to believe to be inadmissible or deportable2 7,b7 the individual who is the subject of the detainer is the subject of ongoing removal proceedings1 including matters where a charging document has already been served2 7,c7 the individual who is the subject of the detainer has previously been ordered removed from the ,united ,states and such an order is administratively final2 7,d7 the individual who is the subject of the detainer has made voluntary statements or provided reliable evidence that indicate that they are an inadmissible or deportable alien2 or 7,e7 the ,secretary otherwise has reasonable grounds to believe that the individual who is the subject of the detainer is an inadmissible or deportable alien4 7#c7 ,transfer of custody ,if the ,federal1 ,state1 or local law enforcement entity1 official1 or other personnel to whom a detainer is issued complies with the detainer and detains for purposes of transfer of custody to the ,department of ,homeland ,security the individual who is the subject of the detainer1 the ,department may take custody of the individual within #dh hours 7excluding weekends and holidays71 but in no instance more than #if hours1 following the date that the individual is otherwise to be released from the custody of the relevant ,federal1 ,state1 or local law enforcement entity4 4 7b7 ,immunity 7#a7 ,in general ,a ,state or a political subdivision of a ,state 7and the officials and personnel of the ,state or subdivision acting in their official capacities71 and a nongovernmental entity 7and its personnel7 contracted by the ,state or political subdivision for the purpose of providing detention1 acting in compliance with a ,department of ,homeland ,security detainer issued pursuant to this section who temporarily holds an alien in its custody pursuant to the terms of a detainer so that the alien may be taken into the custody of the ,department of ,homeland ,security1 shall be considered to be acting under color of ,federal authority for purposes of determining their liability and shall be held harmless for their compliance with the detainer in any suit seeking any punitive1 compensatory1 or other monetary damages4 7#b7 ,federal ,government as defendant ,in any civil action arising out of the compliance with a ,department of ,homeland ,security detainer by a ,state or a political subdivision of a ,state 7and the officials and personnel of the ,state or subdivision acting in their official capacities71 or a nongovernmental entity 7and its personnel7 contracted by the ,state or political subdivision for the purpose of providing detention1 the ,united ,states ,government shall be the proper party named as the defendant in the suit in regard to the detention resulting from compliance with the detainer4 7#c7 ,bad faith exception ,paragraphs 7#a7 and 7#b7 shall not apply to any mistreatment of an individual by a ,state or a political subdivision of a ,state 7and the officials and personnel of the ,state or subdivision acting in their official capacities71 or a nongovernmental entity 7and its personnel7 contracted by the ,state or political subdivision for the purpose of providing detention4 7c7 ,private right of action 7#a7 ,cause of action ,any individual1 or a spouse1 parent1 or child of that individual 7if the individual is deceased71 who is the victim of a murder1 rape1 or any felony1 as defined by the ,state1 for which an alien 7as defined in section #aja7;a77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#c777 has been convicted and sentenced to a term of imprisonment of at least #a year1 may bring an action against a ,state or political subdivision of a ,state in the appropriate ,federal or ,state court if the ,state or political subdivision released the alien from custody prior to the commission of such crime as a consequence of the ,state or political subdivision's declining to honor a detainer issued pursuant to section #bhg7;d77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aceg7;d77#a774 7#b7 ,limitation on bringing action ,an action brought under this subsection may not be brought later than #aj years following the occurrence of the crime1 or death of a person as a result of such crime1 whichever occurs later4 7#c7 ,attorney's fee and other costs ,in any action or proceeding under this subsection the court shall allow a prevailing plaintiff a reasonable attorneys' fee as part of the costs1 and include expert fees as part of the attorneys' fee4 #f4 ,sarah and ,grant's ,law 7a7 ,detention of aliens during removal proceedings 7#a7 ,clerical amendments 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 detained1 and for an alien described in subsection 7c7 shall be detained1 under this section without time limitation1 except as provided in subsection 7h71 during the pendency of removal proceedings4 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 such ,act 7#h ,u4,s4,c4 #abbf7;c77#a77 is amended-- 7,a7 in subparagraph 7,c71 by striking or at the end2 7,b7 by inserting after subparagraph 7,d7 the following3 7,e7 is unlawfully present in the ,united ,states and has been convicted for driving while intoxicated 7including a conviction for driving while under the influence or impaired by alcohol or drugs7 without regard to whether the conviction is classified as a misdemeanor or felony under ,state law1 or 7,f7 7i7 7,i7 is inadmissible under section #bab7;a77#f77;i71 7,,ii7 is deportable by reason of a visa revocation under section #bba7;i71 or 7,,iii7 is deportable under section #bcg7;a77#a77;,c77i71 and 7ii7 has been arrested or charged with a particularly serious crime or a crime resulting in the death or serious bodily injury 7as defined in section #acfe7;h77#c7 of title #ah1 ,united ,states ,code7 of another person2 2 and 7,c7 by amending the matter following subparagraph 7,f7 7as added by subparagraph 7,b7 of this paragraph7 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 ,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 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 danger 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 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 any alien in detention under the provisions of section #bcf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf71 as so amended1 or otherwise subject to the provisions of such section1 on or after such date4 #g4 ,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 7#a7 ,in general ,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 7#b7 ,exception ,if an alien sought and received the express consent of the ,secretary to reapply for admission into the ,united ,states1 or1 with respect to an alien previously denied admission and removed1 the alien was not required to obtain such advance consent under the ,immigration and ,nationality ,act or any prior ,act1 the alien shall not be subject to the fine and imprisonment provided for in paragraph 7#a74 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 departure-- 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 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 more than #bj years1 or both2 or 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 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 ,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 7g7 ,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 ,official restraint ,the term official restraint means any restraint known to the alien that serves to deprive the alien of liberty and prevents the alien from going at large into the ,united ,states4 ,surveillance unbeknownst to the alien shall not constitute official restraint4 7#e7 ,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#f7 ,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 #h4 ,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 ,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 7,a7 ,a felony drug offense 7as defined in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb774 7,b7 ,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 7,c7 ,a crime of violence 7as defined in section #af of title #ah1 ,united ,states ,code74 7,d7 ,a crime involving obstruction of justice or tampering with1 or retaliating against1 a witness1 victim1 or informant4 7,e7 ,any conduct punishable under sections #ajbh7;a7 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 slavery1 and trafficking in persons71 section #aiea of such title 7relating to interference with commerce by threats or violence71 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 7,f7 ,a conspiracy to commit an offense described in subparagraphs 7,a7 through 7,e74 4 7b7 ,inadmissibility ,section #bab7;a77#b7 of such ,act 7#h ,u4,s4,c4 #aahb7;a77#b77 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#b77 is amended by adding at the end the following3 7,g7 ,aliens associated with criminal gangs ,any alien is deportable who-- 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 of criminal gang 7a7 ,designation 7#a7 ,in general ,the ,secretary of ,homeland ,security1 in consultation with the ,attorney ,general1 may designate a group1 club1 organization1 or association of #e or more persons as a criminal gang if the ,secretary finds that their conduct is described in section #aja7;a77#ec74 7#b7 ,procedure 7,a7 ,notification ,seven days before making a designation under this subsection1 the ,secretary shall1 by classified communication1 notify the ,speaker and ,minority ,leader of the ,house of ,representatives1 the ,president pro tempore1 ,majority ,leader1 and ,minority ,leader of the ,senate1 and the members of the relevant committees of the ,house of ,representatives and the ,senate1 in writing1 of the intent to designate a group1 club1 organization1 or association of #e or more persons under this subsection and the factual basis therefor4 7,b7 ,publication in the ,federal ,register ,the ,secretary shall publish the designation in the ,federal ,register seven days after providing the notification under subparagraph 7,a74 7#c7 ,record 7,a7 ,in general ,in making a designation under this subsection1 the ,secretary shall create an administrative record4 7,b7 ,classified information ,the ,secretary may consider classified information in making a designation under this subsection4 ,classified information shall not be subject to disclosure for such time as it remains classified1 except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection 7c74 7#d7 ,period of designation 7,a7 ,in general ,a designation under this subsection shall be effective for all purposes until revoked under paragraph 7#e7 or 7#f7 or set aside pursuant to subsection 7c74 7,b7 ,review of designation upon petition 7i7 ,in general ,the ,secretary shall review the designation of a criminal gang under the procedures set forth in clauses 7iii7 and 7iv7 if the designated group1 club1 organization1 or association of #e or more persons files a petition for revocation within the petition period described in clause 7ii74 7ii7 ,petition period ,for purposes of clause 7i7-- 7,i7 if the designated group1 club1 organization1 or association of #e or more persons has not previously filed a petition for revocation under this subparagraph1 the petition period begins #b years after the date on which the designation was made2 or 7,,ii7 if the designated group1 club1 organization1 or association of #e or more persons has previously filed a petition for revocation under this subparagraph1 the petition period begins #b years after the date of the determination made under clause 7iv7 on that petition4 7iii7 ,procedures ,any group1 club1 organization1 or association of #e or more persons that submits a petition for revocation under this subparagraph of its designation as a criminal gang must provide evidence in that petition that it is not described in section #aja7;a77#ec74 7iv7 ,determination 7,i7 ,in general ,not later than #ahj days after receiving a petition for revocation submitted under this subparagraph1 the ,secretary shall make a determination as to such revocation4 7,,ii7 ,classified information ,the ,secretary may consider classified information in making a determination in response to a petition for revocation4 ,classified information shall not be subject to disclosure for such time as it remains classified1 except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection 7c74 7,,iii7 ,publication of determination ,a determination made by the ,secretary under this clause shall be published in the ,federal ,register4 7,,iv7 ,procedures ,any revocation by the ,secretary shall be made in accordance with paragraph 7#f74 7,c7 ,other review of designation 7i7 ,in general ,if in a #e-year period no review has taken place under subparagraph 7,b71 the ,secretary shall review the designation of the criminal gang in order to determine whether such designation should be revoked pursuant to paragraph 7#f74 7ii7 ,procedures ,if a review does not take place pursuant to subparagraph 7,b7 in response to a petition for revocation that is filed in accordance with that subparagraph1 then the review shall be conducted pursuant to procedures established by the ,secretary4 ,the results of such review and the applicable procedures shall not be reviewable in any court4 7iii7 ,publication of results of review ,the ,secretary shall publish any determination made pursuant to this subparagraph in the ,federal ,register4 7#e7 ,revocation by act of congress ,the ,congress1 by an ,act of ,congress1 may block or revoke a designation made under paragraph 7#a74 7#f7 ,revocation based on change in circumstances 7,a7 ,in general ,the ,secretary may revoke a designation made under paragraph 7#a7 at any time1 and shall revoke a designation upon completion of a review conducted pursuant to subparagraphs 7,b7 and 7,c7 of paragraph 7#d7 if the ,secretary finds that-- 7i7 the group1 club1 organization1 or association of #e or more persons that has been designated as a criminal gang is no longer described in section #aja7;a77#ec72 or 7ii7 the national security or the law enforcement interests of the ,united ,states warrants a revocation4 7,b7 ,procedure ,the procedural requirements of paragraphs 7#b7 and 7#c7 shall apply to a revocation under this paragraph4 ,any revocation shall take effect on the date specified in the revocation or upon publication in the ,federal ,register if no effective date is specified4 7#g7 ,effect of revocation ,the revocation of a designation under paragraph 7#e7 or 7#f7 shall not affect any action or proceeding based on conduct committed prior to the effective date of such revocation4 7#h7 ,use of designation in trial or hearing ,if a designation under this subsection has become effective under paragraph 7#b7 an alien in a removal proceeding shall not be permitted to raise any question concerning the validity of the issuance of such designation as a defense or an objection4 7b7 ,amendments to a designation 7#a7 ,in general ,the ,secretary may amend a designation under this subsection if the ,secretary finds that the group1 club1 organization1 or association of #e or more persons has changed its name1 adopted a new alias1 dissolved and then reconstituted itself under a different name or names1 or merged with another group1 club1 organization1 or association of #e or more persons4 7#b7 ,procedure ,amendments made to a designation in accordance with paragraph 7#a7 shall be effective upon publication in the ,federal ,register4 ,paragraphs 7#b71 7#d71 7#e71 7#f71 7#g71 and 7#h7 of subsection 7a7 shall also apply to an amended designation4 7#c7 ,administrative record ,the administrative record shall be corrected to include the amendments as well as any additional relevant information that supports those amendments4 7#d7 ,classified information ,the ,secretary may consider classified information in amending a designation in accordance with this subsection4 ,classified information shall not be subject to disclosure for such time as it remains classified1 except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection 7c7 of this section4 7c7 ,judicial review of designation 7#a7 ,in general ,not later than #cj days after publication in the ,federal ,register of a designation1 an amended designation1 or a determination in response to a petition for revocation1 the designated group1 club1 organization1 or association of #e or more persons may seek judicial review in the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit4 7#b7 ,basis of review ,review under this subsection shall be based solely upon the administrative record1 except that the ,government may submit1 for ex parte and in camera review1 classified information used in making the designation1 amended designation1 or determination in response to a petition for revocation4 7#c7 ,scope of review ,the ,court shall hold unlawful and set aside a designation1 amended designation1 or determination in response to a petition for revocation the court finds to be-- 7,a7 arbitrary1 capricious1 an abuse of discretion1 or otherwise not in accordance with law2 7,b7 contrary to constitutional right1 power1 privilege1 or immunity2 7,c7 in excess of statutory jurisdiction1 authority1 or limitation1 or short of statutory right2 7,d7 lacking substantial support in the administrative record taken as a whole or in classified information submitted to the court under paragraph 7#b72 or 7,e7 not in accord with the procedures required by law4 7#d7 ,judicial review invoked ,the pendency of an action for judicial review of a designation1 amended designation1 or determination in response to a petition for revocation shall not affect the application of this section1 unless the court issues a final order setting aside the designation1 amended designation1 or determination in response to a petition for revocation4 7d7 ,definitions ,as used in this section-- 7#a7 the term classified information has the meaning given that term in section #a7;a7 of the ,classified ,information ,procedures ,act 7#ah ,u4,s4,c4 ,app472 7#b7 the term national security means the national defense1 foreign relations1 or economic interests of the ,united ,states2 7#c7 the term relevant committees means the ,committees on the ,judiciary of the ,senate and of the ,house of ,representatives2 and 7#d7 the term ,secretary means the ,secretary of ,homeland ,security1 in consultation with the ,attorney ,general4 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 ,designation4 4 7e7 ,mandatory detention of criminal gang members 7#a7 ,in general ,section #bcf7;c77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7;c77#a77 is amended-- 7,a7 in subparagraph 7,c71 by striking or at the end2 7,b7 in subparagraph 7,d71 by inserting or at the end2 and 7,c7 by inserting after subparagraph 7,d7 the following3 7,e7 is inadmissible under section #bab7;a77#b77;,j7 or deportable under section #bag7;a77#b77;,g71 4 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;,j77i7 or section #bcg7;a77#b77;,g77i7 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 7as amended by section #bja of this ,act7 is further 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;,g77i72 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;,b7-- 7,a7 in clause 7i71 by striking or at the end2 7,b7 in clause 7ii71 by striking the period and inserting 2 or2 and 7,c7 by adding at the end the following3 7iii7 the alien is1 or at any time has been1 described in section #bab7;a77#b77;,j7 or section #bcg7;a77#b77;,g74 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 ,special immigrant juvenile visas ,section #aja7;a77#bg77;,j77iii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bg77;,j77iii77 is amended-- 7#a7 in subclause 7,i71 by striking and2 7#b7 in subclause 7,,ii71 by adding and at the end2 and 7#c7 by adding at the end the following3 7,,iii7 no alien who is1 or at any time has been1 described in section #bab7;a77#b77;,j7 or section #bcg7;a77#b77;,g7 shall be eligible for any immigration benefit under this subparagraph2 4 7i7 ,parole ,an alien described in section #bab7;a77#b77;,j7 of the ,immigration and ,nationality ,act1 as added by subsection 7b71 shall not be eligible for parole under section #bab7;d77#e77;,a7 of such ,act unless-- 7#a7 the alien is assisting or has assisted the ,united ,states ,government in a law enforcement matter1 including a criminal investigation2 and 7#b7 the alien's presence in the ,united ,states is required by the ,government with respect to such assistance4 7j7 ,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 #i4 ,border ,security ,funding 7a7 ,funding ,in addition to amounts otherwise made available by this ,act or any other provision of law1 there is hereby appropriated to the ,u4,s4 ,customs and ,border ,protection--,procurement1 ,construction1 and ,improvements account1 out of any amounts in the ,treasury not otherwise appropriated1 #bc1djj1jjj1jjj1 to be available as described in subsections 7b7 and 7c71 of which-- 7#a7 #af1fbe1jjj1jjj shall be for a border wall system along the southern border of the ,united ,states1 including physical barriers and associated detection technology1 roads1 and lighting2 and 7#b7 #f1gge1jjj1jjj shall be for infrastructure1 assets1 operations1 and technology to enhance border security along the southern border of the ,united ,states1 including-- 7,a7 border security technology1 including surveillance technology1 at and between ports of entry2 7,b7 new roads and improvements to existing roads2 7,c7 ,u4,s4 ,border ,patrol facilities and ports of entry2 7,d7 aircraft1 aircraft-based sensors and associated technology1 vessels1 spare parts1 and equipment to maintain such assets2 7,e7 a biometric entry and exit system2 and 7,f7 family residential centers4 7b7 ,availability of border wall system funds 7#a7 ,in general ,of the amount appropriated in subsection 7a77#a7-- 7,a7 #e1eaj1bdd1jjj shall become available ,october #a1 #bjah2 7,b7 #a1gae1jjj1jjj shall become available ,october #a1 #bjai2 7,c7 #b1adj1jjj1jjj shall become available ,october #a1 #bjbj2 7,d7 #a1gce1jjj1jjj shall become available ,october #a1 #bjba2 7,e7 #a1gdf1jjj1jjj shall become available ,october #a1 #bjbb2 7,f7 #a1ggf1jjj1jjj shall become available ,october #a1 #bjbc2 and 7,g7 #b1jjb1gef1jjj shall become available ,october #a1 #bjbd4 7#b7 ,period of availability ,an amount made available under subparagraph 7,a71 7,b71 7,c71 7,d71 7,e71 7,f71 or 7,g7 of paragraph 7#a7 shall remain available for five years after the date specified in that subparagraph4 7c7 ,availability of border security investment funds 7#a7 ,in general ,of the amount appropriated in subsection 7a77#b7-- 7,a7 #ejj1jjj1jjj shall become available ,october #a1 #bjah2 7,b7 #a1hej1jjj1jjj shall become available ,october #a1 #bjai2 7,c7 #a1iej1jjj1jjj shall become available ,october #a1 #bjbj2 7,d7 #a1ibe1jjj1jjj shall become available ,october #a1 #bjba2 and 7,e7 #eej1jjj1jjj shall become available ,october #a1 #bjbb4 7#b7 ,period of availability ,an amount made available under subparagraph 7,a71 7,b71 7,c71 7,d71 or 7,e7 of paragraph 7#a7 shall remain available for five years after the date specified in that subparagraph4 7#c7 ,transfer authority 7,a7 ,in general ,notwithstanding any limitation on transfer authority in any other provision of law and subject to the notification requirement in subparagraph 7,b71 the ,secretary of ,homeland ,security may transfer any amounts made available under paragraph 7#a7 to the ,u4,s4 ,customs and ,border ,protection--,operations and ,support account only to the extent necessary to carry out the purposes described in subsection 7a77#b74 7,b7 ,notification required ,the ,secretary shall notify the ,committees on ,appropriations of the ,senate and the ,house of ,representatives not later than #cj days before each such transfer4 7d7 ,multi-,year spending plan ,the ,secretary of ,homeland ,security shall include in the budget justification materials submitted in support of the ,president's annual budget request for fiscal year #bjbj 7as submitted under section #aaje7;a7 of title #ca1 ,united ,states ,code7 a multi-year spending plan for the amounts made available under subsection 7a74 7e7 ,expenditure plan ,each amount that becomes available in accordance with subsection 7b7 or 7c7 may not be obligated until the date that is #cj days after the date on which the ,committees on ,appropriations of the ,senate and the ,house of ,representatives receive a detailed plan1 prepared by the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 for the expenditure of such amount4 7f7 ,quarterly briefing requirement ,beginning not later than #ahj days after the date of the enactment of this ,act1 and quarterly thereafter1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall brief the ,committees on ,appropriations of the ,senate and the ,house of ,representatives regarding activities under and progress made in carrying out this section4 7g7 ,rules of construction ,nothing in this section may be construed to limit the availability of funds made available by any other provision of law for carrying out the requirements of this ,act or the amendments made by this ,act4 ,any reference in this section to an appropriation account shall be construed to include any successor accounts4 7h7 ,discretionary amounts ,notwithstanding any other provision of law1 the amounts appropriated under subsection 7a7 are discretionary appropriations 7as that term is defined in section #bej7;c77#g7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ijj7;c77#g774 #aj4 ,exclusion from ,,paygo scorecards ,the budgetary effects of this ,act shall not be entered on either ,,paygo scorecard maintained pursuant to section #d7;d7 of the ,statutory ,pay-,as-,you-,go ,act of #bjaj4