,,ii ,calendar ,no4 #bgf #aaeth ,,congress #ast ,session ,s4 #baii ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #f1 #bjag ,mr4 ,flake introduced the following bill2 which was read the first time ,december #g1 #bjag,read the second time and placed on the calendar ,a ,,bill ,to authorize appropriations for border infrastructure construction1 to provide conditional resident status to certain aliens1 and to amend the ,immigration and ,nationality ,act to include grounds of inadmissibility and deportability for alien members of criminal gangs and cartels1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,border ,security and ,deferred ,action ,recipient ,relief ,act4 #b4 ,definition of ,secretary ,in this ,act1 the term ,secretary means the ,secretary of ,homeland ,security4 #c4 ,border infrastructure construction 7a7 ,border ,security ,trust ,fund 7#a7 ,establishment ,there is established in the ,treasury of the ,united ,states a trust fund1 to be known as the ,border ,security ,trust ,fund 7referred to in this section as the ,trust ,fund71 consisting of the amounts transferred from the general fund of the ,treasury under paragraph 7#b74 7#b7 ,deposits ,not later than the date that is the later of the date of enactment of this ,act and ,september #cj1 #bjbj1 the ,secretary of the ,treasury shall deposit in the ,trust ,fund1 from the general fund of the ,treasury1 #a1ega1bci1jjj1 to remain available until expended4 7#c7 ,repayment of costs 7,a7 ,in general ,the ,secretary of the ,treasury shall use any ,federal tax liability collected by the ,secretary of the ,treasury under section #bdd;,a7d77#f7 of the ,immigration and ,nationality ,act to recover the amount described in paragraph 7#b74 7,b7 ,surcharge authorized ,the ,secretary may impose on any conditional permanent resident 7as defined in section #bdd;,a7a7 of the ,immigration and ,nationality ,act7 a surcharge in an amount determined by the ,secretary to be the minimum proportional amount necessary to recover the amount equal to the difference between-- 7i7 the amount described in paragraph 7#b72 and 7ii7 the amount collected under subparagraph 7,a74 7b7 ,border security expenditures ,amounts in the ,trust ,fund shall be available without further appropriation for procurement1 construction1 and improvements as follows3 7#a7 #ghd1jjj1jjj for #cb miles of new border bollard fencing in the ,rio ,grande ,valley in the ,state of ,texas4 7#b7 #dih1jjj1jjj for #bh miles of new bollard levee wall in the ,rio ,grande ,valley in the ,state of ,texas4 7#c7 #bea1jjj1jjj for #ad miles of secondary fencing in ,san ,diego1 ,california4 7#d7 #ch1bci1jjj for planning activities relating to border wall construction4 #d4 ,cancellation of removal of certain long-term residents who entered the ,united ,states as children 7a7 ,in general ,chapter #d of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abba et seq47 is amended by adding at the end the following3 #bdd;,a4 ,cancellation of removal of certain long-term residents who entered the ,united ,states as children 7a7 ,definitions ,in this section3 7#a7 ,active duty ,the term active duty has the meaning given the term in section #aja of title #aj1 ,united ,states ,code4 7#b7 ,active service ,the term active service has the meaning given the term in section #aja of title #aj1 ,united ,states ,code4 7#c7 ,active status ,the term active status has the meaning given the term in section #aja of title #aj1 ,united ,states ,code4 7#d7 ,alien enlistee ,the term alien enlistee means a conditional permanent resident who seeks to maintain or extend conditional permanent resident status by means of satisfaction of the requirements of this section relating to enlistment and service in the ,armed ,forces4 7#e7 ,alien postsecondary student ,the term alien postsecondary student means a conditional permanent resident who seeks to maintain or extend such conditional permanent resident status by means of satisfaction of the requirements of this section relating to enrollment in1 and graduation from1 an institution of higher education4 7#f7 ,armed ,forces ,the term ,armed ,forces has the meaning given the term armed forces in section #aja of title #aj1 ,united ,states ,code4 7#g7 ,conditional permanent resident ,the term conditional permanent resident means an alien who is granted conditional permanent resident status under subsection 7b77#a77;,a74 7#h7 ,conviction 7,a7 ,in general ,subparagraph 7,b7 of section #aja7;a77#dh7 shall not apply to the term conviction4 7,b7 ,exclusions ,the term conviction does not include-- 7i7 an adjudication or judgment of guilt that has been dismissed1 expunged1 deferred1 annulled1 invalidated1 withheld1 or vacated2 7ii7 an order of probation without entry of judgment2 or 7iii7 any similar disposition4 7#i7 ,institution of higher education 7,a7 ,in general ,the term institution of higher education has the meaning given the term in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb74 7,b7 ,exclusion ,the term institution of higher education does not include an institution of higher education outside the ,united ,states4 7#aj7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 7b7 ,cancellation of removal of certain long-term residents who entered the ,united ,states as children 7#a7 ,special rule for certain long-term residents who entered the ,united ,states as children 7,a7 ,in general ,notwithstanding any other provision of law and except as otherwise provided in this section1 the ,secretary may cancel the removal of1 and grant conditional permanent resident status to1 an alien who-- 7i7 meets the qualifications described in subparagraph 7,b72 and 7ii7 7,i7 is inadmissible under section #bab7;a7 or deportable under section #bcg7;a72 or 7,,ii7 is the child of an alien who is lawfully present in the ,united ,states pursuant to the status described in section #aja7;a77#ae77;,e77ii74 7,b7 ,qualifications ,to qualify for cancellation of removal or conditional permanent resident status under subparagraph 7,a71 an alien shall submit an application and supporting documentation that demonstrates by the preponderance of the evidence that-- 7i7 the alien has been physically present in the ,united ,states for a continuous period since ,january #a1 #bjab2 7ii7 on the date on which the alien initially entered the ,united ,states1 the alien was under #af years of age2 7iii7 in the case of an alien who is #ah years of age or older on the date on which the alien submits an application under this subsection1 the alien has-- 7,i7 earned-- 7aa7 a high school diploma2 or 7bb7 a commensurate alternative award from a public or private high school or secondary school2 7,,ii7 obtained-- 7aa7 a general education development certificate recognized under ,state law2 or 7bb7 a high school equivalency diploma in the ,united ,states2 7,,iii7 been admitted to an institution of higher education2 or 7,,iv7 valid employment authorization2 7iv7 the alien has been a person of good moral character since the date on which the alien initially entered the ,united ,states2 7v7 subject to subparagraph 7,c7-- 7,i7 the alien is not inadmissible under paragraph 7#a71 7#b71 7#c71 7#d71 7#f77;,e71 7#h71 7#aj77;,a71 7#aj77;,c71 or 7#aj77;,d7 of section #bab7;a72 7,,ii7 the alien is not deportable under paragraph 7#a77;,e71 7#a77;,g71 7#b71 7#d71 7#e71 or 7#f7 of section #bcg7;a72 7,,iii7 the alien has not ordered1 incited1 assisted1 or otherwise participated in the persecution of any person on account of race1 religion1 nationality1 membership in a particular social group1 or political opinion2 and 7,,iv7 other than an offense under ,state or local law for which an essential element is the immigration status of the alien1 a minor traffic offense1 or a violation of this section1 the alien has not been convicted of-- 7aa7 any offense under ,federal or ,state law punishable by a maximum term of imprisonment of more than #a year2 or 7bb7 any combination of offenses under ,federal or ,state law1 for which the alien was sentenced to imprisonment for a total of more than #a year2 and 7vi7 the alien has never been subject to a final administrative or judicial order of exclusion1 deportation1 or removal1 except if the alien-- 7,i7 has remained in the ,united ,states under color of law after the date on which the order was issued2 or 7,,ii7 received the order before the date on which the alien attained the age of #ah years4 7,c7 ,waiver ,with respect to any benefit under this section1 for humanitarian purposes1 family unity1 or for any other purpose for which a waiver would otherwise be in the public interest1 the ,secretary may waive-- 7i7 subparagraph 7,b77v77,,iv72 7ii7 the grounds of inadmissibility under paragraphs 7#a71 7#d71 and 7#f7 of section #bab7;a72 and 7iii7 the grounds of deportability under paragraph 7#a7 of section #bcg7;a74 7,d7 ,procedures ,the ,secretary shall provide1 by regulation1 a procedure that allows eligible individuals to apply affirmatively for conditional permanent resident status under this paragraph without being placed in removal proceedings4 7,e7 ,submission of biometric and biographical data 7i7 ,in general ,the ,secretary may not cancel the removal of an alien or grant conditional permanent resident status to an alien under this paragraph unless the alien submits to the ,secretary biometric and biographical data1 in accordance with procedures established by the ,secretary4 7ii7 ,alternative procedure ,the ,secretary shall provide an alternative procedure for the submission of biometric and biographical data for any applicant for conditional permanent resident status who is unable to provide biometric or biographical data due to a physical impairment4 7,f7 ,background checks 7i7 ,requirement for background checks ,the ,secretary shall use biometric1 biographical1 and other data determined by the ,secretary to be appropriate-- 7,i7 to conduct security and law enforcement background checks of any alien seeking cancellation of removal or conditional permanent resident status under this paragraph2 and 7,,ii7 to determine whether there is any criminal1 national security1 or other factor that would render the alien ineligible for cancellation of removal or conditional permanent resident status4 7ii7 ,completion of background checks ,the security and law enforcement background checks under clause 7i7 shall be completed1 to the satisfaction of the ,secretary1 before the date on which the ,secretary cancels the removal of1 or grants conditional resident status to1 the alien under this paragraph4 7,g7 ,medical examination required 7i7 ,in general ,an alien who applies for cancellation of removal or conditional permanent resident status under this paragraph shall undergo a medical observation and examination in accordance with the policies and procedures prescribed under clause 7ii74 7ii7 ,procedures ,the ,secretary1 with the concurrence of the ,secretary of ,health and ,human ,services1 shall prescribe policies and procedures for the nature and timing of medical observations and examinations for aliens applying for cancellation of removal or conditional permanent resident status under this paragraph4 7,h7 ,military selective service ,an alien subject to registration under the ,military ,selective ,service ,act 7#ej ,u4,s4,c4 ,app4 #dea et seq47 who applies for cancellation of removal or conditional permanent resident status under this paragraph shall provide to the ,secretary evidence that the alien has registered that ,act4 7#b7 ,termination of continuous period ,for purposes of this subsection1 any period of continuous residence or continuous physical presence in the ,united ,states of an alien who applies for cancellation of removal or conditional permanent resident status under paragraph 7#a7 shall not terminate on the date on which the alien is served a notice to appear under section #bci7;a74 7#c7 ,treatment of certain breaks in presence 7,a7 ,in general ,for purposes of paragraph 7#a77;,b77i71 an alien shall be considered to have failed to maintain continuous physical presence in the ,united ,states if the alien has remained outside the ,united ,states-- 7i7 for any period of more than #ij days2 or 7ii7 for #b or more periods the total of which is more than #ahj days4 7,b7 ,extension for exceptional circumstances ,the ,secretary may extend a time period described in clause 7i7 or 7ii7 of subparagraph 7,a7 by not more than #ij days if an alien demonstrates that the failure of the alien to timely return to the ,united ,states was due to exceptional circumstances1 which shall be no less compelling than-- 7i7 the serious illness of the alien2 or 7ii7 the death or serious illness of a parent1 grandparent1 sibling1 or child of the alien4 7#d7 ,regulations 7,a7 ,initial publication ,not later than #ahj days after the date of enactment of this section1 the ,secretary shall publish in the ,federal ,register interim regulations to implement this subsection4 7,b7 ,interim regulations ,notwithstanding section #eec of title #e1 ,united ,states ,code1 the interim regulations published under subparagraph 7,a7-- 7i7 shall be effective1 on an interim basis1 immediately on the date on which the regulations are published2 but 7ii7 may be subject to change and revision after public notice and a period of public comment4 7,c7 ,final regulations ,within a reasonable period after the publication of the interim regulations under subparagraph 7,a71 the ,secretary shall publish final regulations to implement this subsection4 7#e7 ,removal of alien ,the ,secretary may not remove any alien who-- 7,a7 has a pending application for conditional permanent resident status under this subsection2 or 7,b7 7i7 establishes prima facie eligibility for cancellation of removal or conditional permanent resident status under paragraph 7#a72 and 7ii7 is provided a reasonable opportunity to submit an application under that paragraph4 7c7 ,conditional permanent resident status 7#a7 ,length of status ,conditional permanent resident status granted under subsection 7b77#a7 shall be valid for an initial period of #e years1 subject to termination under paragraph 7#d74 7#b7 ,description of status ,a conditional permanent resident-- 7,a7 shall not be considered to be an alien who is unlawfully present in the ,united ,states for purposes of the immigration laws1 including section #eje of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #afbc72 7,b7 shall be considered to be an alien lawfully admitted for permanent residence in the ,united ,states on a conditional basis2 7,c7 shall be considered to have the intent to permanently reside in the ,united ,states2 7,d7 shall not be required to have a foreign residence that the alien has no intention of abandoning2 and 7,e7 shall be considered to have been inspected and admitted for the purposes of section #bde7;a74 7#c7 ,terms of conditional permanent resident status 7,a7 ,employment ,a conditional permanent resident shall be authorized-- 7i7 to be employed in the ,united ,states incident to conditional permanent resident status2 and 7ii7 to enlist in the ,armed ,forces under section #ejd7;b77#a77;,d7 of title #aj1 ,united ,states ,code4 7,b7 ,travel ,a conditional permanent resident may-- 7i7 travel outside the ,united ,states2 and 7ii7 if otherwise admissible1 be admitted on return to the ,united ,states without obtaining a visa if-- 7,i7 the conditional permanent resident is the bearer of valid1 unexpired documentary evidence of conditional permanent resident status2 and 7,,ii7 7aa7 the absence of the conditional permanent resident from the ,united ,states was for a period of not more than #ahj days2 or 7bb7 the conditional permanent resident was outside the ,united ,states due to active service in the ,armed ,forces4 7#d7 ,termination of status 7,a7 ,in general ,the ,secretary shall terminate the conditional permanent resident status of an alien if the ,secretary determines that-- 7i7 the alien is #ah years of age or older2 and 7ii7 7,i7 in the case of-- 7aa7 an alien postsecondary student1 the alien has failed-- 7,,aa7 to enroll in an accredited institution of higher education within #a year after the date on which the alien was granted conditional permanent resident status2 or 7,,bb7 to remain enrolled in an accredited institution of higher education as of the date that is #a year after the date on which the alien was granted conditional permanent resident status2 7bb7 an alien described in subsection 7b77#a77;,b77iii71 during the #e-year period beginning on the date on which the alien was granted conditional permanent resident status1 the alien has not been employed for a total period of not less than #d years2 or 7cc7 an alien enlistee1 the alien-- 7,,aa7 failed to enlist1 and be accepted for enlistment1 in the ,armed ,forces within #bgj days after the date on which the alien was granted conditional permanent resident status2 or 7,,bb7 has received a dishonorable or other than honorable discharge from the ,armed ,forces2 7,,ii7 the alien ceases to meet the requirements of clause 7iv7 or 7v7 of subsection 7b77#a77;,b72 or 7,,iii7 the alien has become a public charge4 7,b7 ,return to previous immigration status ,an alien whose conditional permanent resident status is terminated under subparagraph 7,a7 shall return to the immigration status of the alien on the day before the date on which the alien was granted conditional permanent resident status4 7#e7 ,extension of status 7,a7 ,in general ,with respect to an alien granted conditional permanent resident status under subsection 7b77#a71 the ,secretary shall extend the period of conditional permanent resident status of the alien for an additional period of #e years if the alien meets each of the applicable requirements described in subparagraph 7,b74 7,b7 ,requirements 7i7 ,good moral character ,the alien has demonstrated good moral character for the entire period during which the alien has been a conditional permanent resident4 7ii7 ,compliance ,the alien meets the qualification described in subsection 7b77#a77;,b77v74 7iii7 ,no abandonment of residence 7,i7 ,in general ,the alien has not abandoned the residence of the alien in the ,united ,states4 7,,ii7 ,presumption 7aa7 ,in general ,for purposes of this clause1 except as provided in item 7bb71 the ,secretary shall presume that an alien has abandoned the residence of the alien in the ,united ,states if1 during the period of conditional permanent resident status of the alien1 the alien is absent from the ,united ,states for more than #cfe days in the aggregate4 7bb7 ,exception ,notwithstanding an absence from the ,united ,states of more than #cfe days in the aggregate during the period of conditional permanent resident status of an alien1 the presumption described in item 7aa7 shall not apply if the alien demonstrates1 to the satisfaction of the ,secretary1 that the alien has not abandoned the residence of the alien in the ,united ,states4 7iv7 ,graduation ,in the case of an alien postsecondary student1 the alien-- 7,i7 is #ah years of age or older2 and 7,,ii7 has graduated from an accredited institution of higher education4 7v7 ,employment ,in the case of an alien described in subsection 7b77#a77;,b77iii71 during the #e-year period beginning on the date on which the alien was granted conditional permanent resident status1 the alien has been employed for a total period of not less than #d years4 7vi7 ,enlistment ,in the case of an alien enlistee-- 7,i7 the alien has served as a member of a regular or reserve component of the ,armed ,forces in an active duty status for not less than #c years2 and 7,,ii7 if the alien has been discharged1 the alien received an honorable discharge4 7d7 ,removal of conditional basis for permanent residence 7#a7 ,application to remove conditions 7,a7 ,in general ,a conditional permanent resident may submit to the ,secretary1 in accordance with paragraph 7#c71 an application-- 7i7 to remove the conditional basis of permanent residency2 and 7ii7 to have the status of the alien adjusted to that of an alien lawfully admitted for permanent residence4 7,b7 ,contents ,with respect to any application submitted under subparagraph 7,a71 an alien shall include1 under penalty of perjury1 the facts and information necessary for the ,secretary to make the determination described in paragraph 7#b77;,a74 7#b7 ,adjudication of application for adjustment of status 7,a7 ,in general ,with respect to an application submitted under paragraph 7#a7 for an alien1 the ,secretary shall make a determination as to whether the alien meets the requirements described in paragraph 7#d74 7,b7 ,adjustment of status if favorable determination ,notwithstanding any other provision of law1 including paragraphs 7#b71 7#c71 7#d71 and 7#h7 of section #bde7;c71 if the ,secretary determines that an alien meets the requirements described in paragraph 7#d77;,b71 the ,secretary shall-- 7i7 approve the application2 7ii7 notify the alien of the determination2 and 7iii7 adjust the status of the alien to the status of an alien lawfully admitted for permanent residence1 which shall be effective as of the date of approval of the application4 7,c7 ,termination if adverse determination ,if the ,secretary determines that the alien does not meet the requirements described in paragraph 7#d77;,b71 the ,secretary shall-- 7i7 deny the application2 7ii7 notify the alien of the determination2 and 7iii7 terminate the conditional permanent resident status of the alien as of the date of the determination4 7#c7 ,time to file application 7,a7 ,in general ,an alien shall submit an application for adjustment of status during the period beginning on the date on which the alien obtains an extension of status under subsection 7c77#e7 and ending on-- 7i7 the date that is #aj years after the date on which the ,secretary initially granted conditional permanent resident status to the alien2 or 7ii7 the date on which the conditional permanent resident status of the alien1 as extended by the ,secretary under subsection 7c77#e71 expires4 7,b7 ,status during pendency ,during any period in which the application of an alien for adjustment of status under this subsection is pending1 an alien shall be considered to be in conditional permanent resident status4 7#d7 ,contents of application 7,a7 ,in general ,an application to remove conditions and adjust status under paragraph 7#a7 shall contain information necessary for the ,secretary to determine whether the alien meets each of the requirements described in subparagraph 7,b74 7,b7 ,requirements 7i7 ,good moral character ,the alien has demonstrated good moral character for the entire period during which the alien has been a conditional permanent resident2 7ii7 ,compliance ,the alien meets the requirements of subsection 7b77#a77;,b77v72 7iii7 ,no abandonment of residence 7,i7 ,in general ,the alien has not abandoned the residence of the alien in the ,united ,states4 7,,ii7 ,presumption 7aa7 ,in general ,for purposes of this subparagraph1 except as provided in item 7bb71 the ,secretary shall presume that an alien has abandoned the residence of the alien in the ,united ,states if1 during the period of conditional permanent resident status1 the alien is absent from the ,united ,states for more than #gcj days in the aggregate4 7bb7 ,exception ,notwithstanding an absence from the ,united ,states of more than #gcj days in the aggregate during the period of conditional permanent resident status of an alien1 the presumption described in item 7aa7 shall not apply if the alien demonstrates1 to the satisfaction of the ,secretary1 that the alien has not abandoned the residence of the alien in the ,united ,states4 7,,iii7 ,active service ,any period during which an alien is absent from the ,united ,states due to active service in the ,armed ,forces shall not be counted toward the #gcj days referred to in subclause 7,,ii77aa74 7#e7 ,citizenship requirement 7,a7 ,in general ,except as provided in subparagraph 7,b71 a conditional permanent resident shall not have the conditional basis for permanent residency removed or be adjusted to permanent resident status unless the alien demonstrates that the alien meets the requirements described in paragraphs 7#a7 and 7#b7 of section #cab7;a74 7,b7 ,exception ,subparagraph 7,a7 shall not apply to an alien who is unable to meet the requirements referred to in that subparagraph due to-- 7i7 a physical or developmental disability2 or 7ii7 a mental impairment4 7#f7 ,payment of ,federal taxes 7,a7 ,definition of applicable ,federal tax liability ,in this paragraph1 the term applicable ,federal tax liability means liability for ,federal taxes imposed under the ,internal ,revenue ,code of #aihf1 including any penalties and interest on taxes imposed under the ,internal ,revenue ,code of #aihf4 7,b7 ,payment required ,not later than the date on which an alien submits an application for adjustment of status under paragraph 7#a71 the alien shall satisfy any applicable ,federal tax liability due and owing as of that date of submission4 7#g7 ,submission of biometric and biographical data 7,a7 ,in general ,the ,secretary may not adjust the status of an alien under this subsection unless the alien submits to the ,secretary biometric and biographical data in accordance with procedures established by the ,secretary4 7,b7 ,alternative procedure ,the ,secretary shall provide an alternative procedure for the submission of biometric and biographical data for any applicant for adjustment of status who is unable to provide biometric or biographical data due to a physical impairment4 7#h7 ,background checks 7,a7 ,requirement for background checks ,the ,secretary shall use biometric1 biographical1 and other data determined by the ,secretary to be appropriate-- 7i7 to conduct security and law enforcement background checks of any alien applying for adjustment of status under this subsection2 and 7ii7 to determine whether there is any criminal1 national security1 or other factor that would render the alien ineligible for adjustment of status4 7,b7 ,completion of background checks ,the security and law enforcement background checks under subparagraph 7,a7 shall be completed1 to the satisfaction of the ,secretary1 before the date on which ,secretary grants adjustment of status4 7#i7 ,exemption from numerical limitations ,nothing in this subsection or in any other law applies a numerical limitation on the number of aliens who may be eligible for adjustment of status under this subsection4 7#aj7 ,eligibility for naturalization 7,a7 ,in general ,an alien whose status is adjusted under this subsection to that of an alien lawfully admitted for permanent residence may be naturalized in accordance with this ,act if the alien meets the applicable requirements of the immigration laws4 7,b7 ,alien enlistees ,for purposes of section #caf7;a71 an alien enlistee whose status is adjusted under this subsection-- 7i7 shall be considered to have satisfied the requirements of paragraphs 7#a7 and 7#b7 of that section2 and 7ii7 may apply for naturalization4 7e7 ,treatment of aliens meeting requirements for extension of conditional permanent resident status 7#a7 ,in general ,with respect to an alien1 the ,secretary may cancel removal and grant conditional permanent resident status under subsection 7b77#a71 and may extend conditional permanent resident status under subsection 7c77#e71 if1 as of the date of enactment of this section1 the alien has satisfied each requirement described in subsections 7b77#a77;,b7 and 7c77#e77;,b74 7#b7 ,adjustment of status ,an alien may apply for adjustment of status under subsection 7d77#a7 if1 during the entire period of conditional permanent resident status of the alien1 the alien has met the requirements of subsection 7c77#e77;,b74 7f7 ,exclusive jurisdiction 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,secretary shall have exclusive jurisdiction to determine eligibility for relief under this section4 7#b7 ,exception ,in the case of an alien who has been placed in deportation1 exclusion1 or removal proceedings before or after the date on which the alien submits an application for cancellation of removal and conditional permanent resident status or adjustment of status under this section1 the ,attorney ,general-- 7,a7 shall have exclusive jurisdiction to determine eligibility for relief under this section2 and 7,b7 shall assume all powers and duties of the ,secretary described in this section until the date on which-- 7i7 deportation1 exclusion1 or removal proceedings are terminated2 or 7ii7 a final order of deportation1 exclusion1 or removal is entered4 7#c7 ,effect of final order ,in the case of an alien for whom a final order of deportation1 exclusion1 or removal is entered1 the ,secretary shall resume all powers and duties delegated to the ,secretary under this section4 7#d7 ,effect of grant of relief ,in the case of an alien with respect to whom a final order of deportation1 exclusion1 or removal has been entered1 if the ,secretary grants relief to the alien under this section1 the ,attorney ,general shall rescind the final order of deportation1 exclusion1 or removal4 7g7 ,confidentiality of information 7#a7 ,prohibition ,except as provided in paragraph 7#b71 an officer or employee of the ,united ,states shall not-- 7,a7 use the information furnished by an individual in an application submitted to the ,secretary under this section to initiate removal proceedings against any person identified in the application2 7,b7 issue any publication in which the information furnished by any particular individual in an application under this section may be identified2 or 7,c7 permit any person 7other than the ,secretary1 an officer or employee of the ,federal ,government1 or the alien7 to examine an application submitted under this section4 7#b7 ,required disclosure ,the ,attorney ,general or the ,secretary1 as applicable1 shall provide the information furnished by an individual in an application under this section1 and any other information derived from the information1 to-- 7,a7 a ,federal1 ,state1 ,tribal1 or local law enforcement agency1 intelligence agency1 national security agency1 component of the ,department of ,homeland ,security1 court1 or grand jury in connection with a criminal investigation or prosecution1 a background check conducted pursuant to the ,brady ,handgun ,violence ,protection ,act 7,public ,law #ajc-aei2 #ajg ,stat4 #aecf7 7or an amendment made by that ,act71 or for homeland security or national security purposes1 if-- 7i7 the information is requested by the ,federal1 ,state1 ,tribal1 or local law enforcement agency1 intelligence agency1 national security agency1 component of the ,department of ,homeland ,security1 court1 or grand jury2 and 7ii7 the provision of the information is consistent with an information sharing agreement or mechanism2 or 7,b7 an official coroner for purposes of affirmatively identifying a deceased individual 7whether or not the deceased individual is deceased as a result of a crime74 7#c7 ,fraud in application process or criminal conduct ,notwithstanding any other provision of this subsection1 information relating to whether an alien seeking cancellation of removal or conditional permanent resident status under this section has engaged in fraud in an application for relief or has1 at any time1 committed a crime may be used or released for immigration enforcement1 law enforcement1 or national security purposes4 7#d7 ,penalty ,any person who knowingly uses or publishes information1 or permits information to be examined1 in violation of this subsection shall be fined not more than #aj1jjj4 7h7 ,treatment of conditional permanent residents for certain purposes 7#a7 ,in general ,during the period in which an alien is in conditional permanent resident status1 the alien shall be considered to be lawfully present for all purposes4 7#b7 #e-year eligibility waiting period under ,,prwora ,an alien who has met the requirements for adjustment of status from conditional permanent resident to lawful permanent resident under this section shall be considered to have completed the #e-year period described in section #djc of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afac7 as of the date on which the adjustment of status is granted4 7i7 ,,gao report ,not later than #g years after the date of enactment of this section1 the ,comptroller ,general of the ,united ,states 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 includes the number of aliens-- 7#a7 who were eligible for cancellation of removal or conditional permanent resident status under subsection 7b77#a72 7#b7 who applied for cancellation of removal or conditional permanent resident status under that subsection2 7#c7 who were granted conditional permanent resident status under that subsection2 and 7#d7 whose status was adjusted to that of an alien lawfully admitted for permanent residence under subsection 7d74 7j7 ,naturalization of alien enlistees ,for purposes of sections #cbh and #cbi1 an alien enlistee shall be considered to have been lawfully admitted for permanent residence1 without regard to the conditional status of that admission4 4 7b7 ,military enlistment ,section #ejd7;b77#a7 of title #aj1 ,united ,states ,code1 is amended by adding at the end the following3 7,d7 ,an alien who is a conditional permanent resident 7as defined in section #bdd;,a7a7 of the ,immigration and ,nationality ,act74 4 7c7 ,conforming amendment ,the table of contents for the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja note7 is amended by inserting after the item relating to section #bdd the following3 ,sec4 #bdd;,a4 ,cancellation of removal of certain long-term residents who entered the ,united ,states as children4 4 #e4 ,grounds of inadmissibility and deportability for alien members of criminal gangs or cartels 7a7 ,definition of criminal gang or cartel ,section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77 is amended-- 7#a7 by striking the subsection designation and all that follows through this ,act-- and inserting the following3 7a7 ,in general ,in this ,act3 2 and 7#b7 by adding at the end the following3 7#ec7 ,criminal gang or cartel ,the term criminal gang or cartel means an ongoing group1 club1 organization1 or association comprised of #e or more individuals-- 7,a7 7i7 that has as a primary purpose the commission of #a or more of the criminal offenses described in section #bbj7;b77#b72 and 7ii7 the members of which engage1 or have engaged during the #e years immediately preceding the most recent commission of an offense described in section #bbj7;b77#b71 in a continuing series of offenses described in section #bbj7;b77#b72 or 7,b7 that has been designated as a criminal gang or cartel under section #bbj7;b77#a74 4 7b7 ,inadmissibility ,section #bab7;a77#b7 of the ,immigration and ,nationality ,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 or cartels ,any alien is inadmissible who a consular officer1 the ,secretary of ,homeland ,security1 or the ,attorney ,general knows or has reason to believe-- 7i7 is or has been a member of a criminal gang or cartel2 or 7ii7 has participated in any activity of a criminal gang or cartel1 knowing or having reason to know that the activity would promote1 further1 aid1 or support the illegal activity of the criminal gang or cartel4 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 or cartels ,any alien is deportable who-- 7i7 is or has been a member of a criminal gang or cartel2 or 7ii7 has participated in any activity of a criminal gang or cartel1 knowing or having reason to know that the activity would promote1 further1 aid1 or support the illegal activity of the criminal gang or cartel4 4 7d7 ,designation of a criminal gang or cartel 7#a7 ,in general ,chapter #b of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb et seq47 is amended by inserting after section #bai the following3 #bbj4 ,designation of a criminal gang or cartel 7a7 ,definitions ,in this section3 7#a7 ,classified information ,the term classified information has the meaning given the term in section #a7;a7 of the ,classified ,information ,procedures ,act 7#ah ,u4,s4,c4 ,app474 7#b7 ,national security ,the term national security means the national defense1 foreign relations1 or economic interests of the ,united ,states4 7#c7 ,relevant committees ,the term relevant committees means-- 7,a7 the ,committee on the ,judiciary of the ,senate2 and 7,b7 the ,committee on the ,judiciary of the ,house of ,representatives2 and 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security1 in consultation with the ,attorney ,general4 7b7 ,designation 7#a7 ,in general ,the ,secretary may designate as a criminal gang or cartel a group1 club1 organization1 or association comprised of #e or more individuals if the ,secretary makes a determination that-- 7,a7 the group1 club1 organization1 or association has as a primary purpose the commission of #a or more criminal offenses described in paragraph 7#b72 and 7,b7 the members of the group1 club1 organization1 or association engage1 or1 during the #e years immediately preceding the most recent commission of an offense described in section #bbj7;b77#b71 have engaged in a continuing series of offenses described in paragraph 7#b74 7#b7 ,offenses ,the criminal offenses described in this paragraph1 whether committed in violation of ,federal1 ,state1 or foreign law and regardless of whether an offense occurred before1 on1 or after the date of enactment of this section1 are the following3 7,a7 ,felony drug offense ,a felony drug offense 7as defined in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb774 7,b7 ,bringing in and harboring aliens ,an offense described in section #bgd 7relating to bringing in and harboring certain aliens74 7,c7 ,aiding or assisting entry ,an offense described in section #bgg 7relating to aiding or assisting certain aliens to enter the ,united ,states74 7,d7 ,importation for an immoral purpose ,an offense described in section #bgh 7relating to importation of an alien for an immoral purpose74 7,e7 ,crime of violence ,a crime of violence 7as defined in section #af of title #ah1 ,united ,states ,code74 7,f7 ,crime involving obstruction1 tampering1 retaliation1 or burglary ,a crime involving-- 7i7 obstruction of justice2 7ii7 tampering with1 or retaliating against1 a witness1 victim1 or informant2 or 7iii7 burglary4 7,g7 ,other crimes ,any conduct punishable under-- 7i7 sections #ajbh or #ajbi of title #ah1 ,united ,states ,code 7relating to fraud and related activity in connection with identification documents or access devices72 7ii7 sections #aeha through #aeid of that title 7relating to peonage1 slavery1 and trafficking in persons72 7iii7 section #aiea of that title 7relating to interference with commerce by threats or violence72 7iv7 section #aieb of that title 7relating to interstate and foreign travel or transportation in aid of racketeering enterprises72 7v7 section #aief of that title 7relating to the laundering of monetary instruments72 7vi7 section #aieg of that title 7relating to engaging in monetary transactions in property derived from specified unlawful activity72 or 7vii7 sections #bcab1 #bcac1 #bcad1 or #bcae of that title 7relating to interstate transportation of stolen motor vehicles or stolen property74 7,h7 ,conspiracy ,a conspiracy to commit an offense described in subparagraphs 7,a7 through 7,g74 7#c7 ,procedure 7,a7 ,notification ,not later than #g days before the date on which the ,secretary designates a criminal gang or cartel under this subsection1 the ,secretary shall submit to 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 committees1 by classified communication1 a notice of intent to designate the criminal gang or cartel that describes the factual basis for the designation4 7,b7 ,publication in the ,federal ,register ,not later than #g days after the date described in subparagraph 7,a71 the ,secretary shall publish notice of the designation in the ,federal ,register4 7#d7 ,record 7,a7 ,in general ,in making a designation under this subsection1 the ,secretary shall develop an administrative record4 7,b7 ,classified information 7i7 ,in general ,in making a designation under this subsection1 the ,secretary may consider classified information1 which1 except as provided in clause 7ii71 shall not be subject to disclosure for any period during which the classified information remains classified4 7ii7 ,disclosure for judicial review ,for purposes of judicial review under subsection 7d71 classified information referred to in clause 7i7 may be disclosed to a court ex parte and in camera4 7#e7 ,period of designation ,a designation under this subsection shall be effective until the date on which the designation-- 7,a7 is revoked under paragraph 7#g72 or 7,b7 set aside under subsection 7d74 7#f7 ,review of designation 7,a7 ,petition for review 7i7 ,in general ,the ,secretary shall review the designation of a criminal gang or cartel under the procedures described in clauses 7iii7 and 7iv7 if the criminal gang or cartel submits to the ,secretary a petition for review not later than-- 7,i7 in the case of a designated criminal gang or cartel that has not previously submitted a petition for review under this subparagraph1 the date that is #b years after the date on which the ,secretary makes the designation2 and 7,,ii7 in the case of a designated criminal gang or cartel that has previously submitted a petition for review under this subparagraph1 the date that is #b years after the date on which the ,secretary made a determination under clause 7iv7 on the most recent petition for review submitted by the criminal gang or cartel4 7ii7 ,evidence ,any group1 club1 organization1 or association designated as criminal gang or cartel that submits a petition for review under this subparagraph shall include in the petition evidence that the group1 club1 organization1 or association does not meet the criteria for designation as a criminal gang or cartel under paragraph 7#a74 7iii7 ,determination 7,i7 ,in general ,not later than #ahj days after the date on which the ,secretary receives a petition for review under this subparagraph1 the ,secretary shall make a determination on the petition4 7,,ii7 ,classified information 7aa7 ,in general ,in making a determination on a petition for review under this subparagraph1 the ,secretary may consider classified information1 which1 except as provided in item 7bb71 shall not be subject to disclosure for any period during which the classified information remains classified4 7bb7 ,disclosure for judicial review ,for purposes of judicial review under subsection 7d71 classified information referred to in item 7aa7 may be disclosed to a court ex parte and in camera4 7,,iii7 ,publication of determination ,not later than #ij days after the date on which the ,secretary makes a determination on a petition for review under this clause1 the ,secretary shall publish the determination in the ,federal ,register4 7,,iv7 ,procedures ,a revocation of a designation by the ,secretary in accordance with a determination under this subparagraph shall be made in accordance with paragraph 7#g74 7,b7 ,other review of designation 7i7 ,in general ,not later than #e years after the date on which the ,secretary designates a criminal gang or cartel under paragraph 7#a71 in the case of a criminal gang or cartel for which a review has not been carried out under subparagraph 7,a71 the ,secretary shall initiate a review of the designation to determine whether to revoke the designation under paragraph 7#g74 7ii7 ,procedures 7,i7 ,in general ,a review initiated by the ,secretary under clause 7i7 shall be carried out in accordance with such procedures determined by the ,secretary to be appropriate4 7,,ii7 ,judicial review ,a review under subclause 7,i7 and the procedures established under that subclause shall not be subject to judicial review4 7iii7 ,publication of results of review ,not later than #ij days after the date on which the ,secretary makes a determination based on a review under this subparagraph1 the ,secretary shall publish the determination in the ,federal ,register4 7#g7 ,revocation based on change in circumstances 7,a7 ,in general ,with respect to a designation under paragraph 7#a71 the ,secretary-- 7i7 may revoke the designation at any time2 and 7ii7 shall revoke the designation if1 on completion of a review carried out under paragraph 7#f71 the ,secretary determines that-- 7,i7 the criminal gang or cartel does not meet the criteria for designation as a criminal gang or cartel under paragraph 7#a72 or 7,,ii7 the national security or the law enforcement interests of the ,united ,states warrants a revocation4 7,b7 ,notification ,not later than #g days before revoking a designation under paragraph 7,a71 the ,secretary shall submit to 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 committees1 by classified communication1 a notice of intent to revoke the designation describing the basis for the revocation4 7,c7 ,publication in the ,federal ,register ,not later than #g days after the date described in subparagraph 7,b71 the ,secretary shall publish a notice of revocation in the ,federal ,register4 7,d7 ,record 7i7 ,in general ,in revoking a designation under this paragraph1 the ,secretary shall develop an administrative record4 7ii7 ,classified information 7,i7 ,in general ,in revoking a designation under this paragraph1 the ,secretary may consider classified information1 which1 except as provided in subclause 7,,ii71 shall not be subject to disclosure for any period during which the classified information remains classified4 7,,ii7 ,disclosure for judicial review ,for purposes of judicial review under subsection 7d71 classified information referred to in subclause 7,i7 may be disclosed to a court ex parte and in camera4 7,e7 ,effective date ,a revocation under this paragraph shall take effect-- 7i7 on the date specified in the notice of revocation published under subparagraph 7,c72 or 7ii7 if a date is not specified in the notice of revocation1 on the date on which the notice of revocation is published in the ,federal ,register4 7#h7 ,effect of revocation ,a revocation under paragraph 7#g7 shall not affect any action or proceeding based on conduct that occurs before the effective date of the revocation4 7#i7 ,use of designation in removal proceedings ,the ,attorney ,general shall not allow an alien in removal proceedings to raise1 as a defense or an objection1 a question relating to the validity of a designation under paragraph 7#a74 7c7 ,modifications to a designation 7#a7 ,in general ,with respect to a designation under subsection 7b77#a71 the ,secretary may modify the designation if the ,secretary determines that the criminal gang or cartel has-- 7,a7 changed name2 7,b7 adopted a new alias2 7,c7 dissolved and reestablished under #a or more different names2 or 7,d7 merged with another criminal gang or cartel4 7#b7 ,procedure 7,a7 ,notification ,not later than #g days before the date on which the ,secretary modifies the designation of a criminal gang or cartel under this subsection1 the ,secretary shall submit to 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 committees1 by classified communication1 a notice of intent to modify the designation describing the factual basis for the modification4 7,b7 ,publication in the ,federal ,register ,not later than #g days after the date described in subparagraph 7,a71 the ,secretary shall publish notice of the modification in the ,federal ,register4 7,c7 ,classified information 7i7 ,in general ,in modifying a designation under this subsection1 the ,secretary may consider classified information1 which1 except as provided in clause 7ii71 shall not be subject to disclosure for any period during which the classified information remains classified4 7ii7 ,disclosure for judicial review ,for purposes of judicial review under subsection 7d71 classified information referred to in clause 7i7 may be disclosed to a court ex parte and in camera4 7,d7 ,effective date ,any modification under this subsection shall take effect on the date of publication of the modification under subparagraph 7,b74 7#c7 ,administrative record ,the administrative record developed under subsection 7b77#d7 shall be supplemented to include-- 7,a7 any modification under this subsection2 and 7,b7 any relevant information that supports the modification4 7d7 ,judicial review of designation 7#a7 ,in general ,not later than #cj days after the date on which a designation under subsection 7b77#a71 a determination under subsection 7b77#f77;,a71 or a modification under subsection 7c7 is published in the ,federal ,register1 a criminal gang or cartel may seek judicial review of the designation1 determination1 or modification1 as applicable1 in the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit 7referred to in this subsection as the court74 7#b7 ,basis of review 7,a7 ,in general ,except as provided in subparagraph 7,b71 judicial review under this subsection shall be based only on the administrative record developed under subsection 7b77#d74 7,b7 ,exception ,the ,government may submit1 for ex parte and in camera review1 classified information used as a basis for-- 7i7 a designation under subsection 7b77#a72 7ii7 a determination under subsection 7b77#f77;,a72 or 7iii7 a modification under subsection 7c74 7#c7 ,scope of review ,the court shall hold unlawful1 and set aside1 any designation under subsection 7b77#a71 determination under subsection 7b77#f77;,a71 or modification under subsection 7c7 that is1 as determined by the court-- 7,a7 arbitrary1 capricious1 an abuse of discretion1 or otherwise not in accordance with the law2 7,b7 contrary to constitutional right1 power1 privilege1 or immunity2 7,c7 in excess of statutory jurisdiction1 authority1 or limitation2 7,d7 short of statutory right2 7,e7 lacking substantial support-- 7i7 in the administrative record1 taken into consideration as a whole2 or 7ii7 in classified information submitted to the court under paragraph 7#b77;,b72 or 7,f7 not in accordance with a procedure required by law4 7#d7 ,judicial review invoked ,the pendency of an action for judicial review under this subsection shall not affect the application of this section to a criminal gang or cartel unless the court issues a final order setting aside the designation1 determination1 or modification4 4 7#b7 ,conforming amendment ,the table of contents for the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja note7 is amended by inserting after the item relating to section #bai the following3 ,sec4 #bbj4 ,designation of a criminal gang or cartel4 4 7e7 ,mandatory detention of alien members of criminal gangs or cartels 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,a71 by striking the comma at the end and inserting a semicolon2 7,b7 in subparagraph 7,b71 by striking the comma at the end and inserting a semicolon2 7,c7 in subparagraph 7,c71 by striking 1 or and inserting a semicolon2 7,d7 in subparagraph 7,d71 by striking the comma at the end and inserting 2 or2 and 7,e7 by inserting after subparagraph 7,d7 the following3 7,e7 is inadmissible under section #bab7;a77#b77;,j7 or deportable under section #bcg7;a77#b77;,g71 4 7#b7 ,annual report ,not later than ,march #a of each year 7beginning #a year after the date of enactment of this ,act71 the ,secretary1 after consultation with the appropriate ,federal agencies1 shall submit a report to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives that includes the number of aliens detained under subparagraph 7,e7 of section #bcf7;c77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7;c77#a77 during the preceding calendar year4 7f7 ,relief 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 #abca7;b77#c77;,b77 is amended-- 7,a7 by redesignating clauses 7i7 through 7iv7 as items 7aa7 through 7dd71 respectively1 and indenting the items appropriately2 7,b7 in the matter preceding item 7aa7 7as so redesignated71 by striking apply to an alien deportable under section #bcg7;a77#d77;,d7 or if the ,attorney ,general decides that-- and inserting the following3 8apply-- 7i7 to an alien-- 7,i7 described in section #bab7;a77#b77;,j77i72 7,,ii7 described in section #bcg7;a77#b77;,g77i72 or 7,,iii7 who is deportable under section #bcg7;a77#d77;,d72 or 7ii7 if the ,attorney ,general determines that-- 2 and 7,c7 in the undesignated matter following item 7dd7 7as so redesignated7-- 7i7 in the first sentence1 by striking clause 7ii7 and inserting item 7bb72 and 7ii7 in the third sentence1 by striking clause 7iv7 and inserting item 7dd74 7#b7 ,ineligibility for 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 in clause 7v71 by striking 2 or and inserting a semicolon2 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 7#a7 ,in general ,section #bdd of the ,immigration and ,nationality ,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 subsection 7c77#b77;,b7-- 7i7 in clause 7i71 by striking 1 or and inserting a semicolon2 7ii7 in clause 7ii71 by striking the period at the end and inserting 2 or2 and 7iii7 by adding at the end the following3 7iii7 the alien is described in section #bab7;a77#b77;,j7 or section #bcg7;a77#b77;,g74 2 and 7,c7 in subsection 7d7-- 7i7 in paragraph 7#b7-- 7,i7 in the first sentence1 by striking ,subject to paragraph 7#c71 such documentation and inserting ,the documentation referred to in paragraph 7#a72 and 7,,ii7 in the second sentence1 by striking 7under paragraph 7#c772 7ii7 by striking paragraph 7#c72 7iii7 by redesignating paragraph 7#d7 as paragraph 7#c72 and 7iv7 in paragraph 7#c7 7as so redesignated71 by striking ,an alien provided and inserting the following3 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,secretary of ,homeland ,security may detain an alien provided temporary protected status under this section1 as determined by the ,secretary to be appropriate under the law4 7,b7 ,exception ,an alien provided 4 7#b7 ,conforming amendment ,section #bdd7;b77#c77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abed;a7b77#c77;,b77 is amended in the second sentence by striking is effective in accordance with subsection 7d77#c71 but4 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 2 and and inserting a semicolon2 7#b7 in subclause 7,,ii71 by striking the semicolon at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7,,iii7 no alien 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 ,section #bab7;d77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;d77#e77 is amended-- 7#a7 by striking ,attorney ,general each place it appears and inserting ,secretary of ,homeland ,security2 7#b7 by striking the paragraph designation and all that follows through in his discretion in subparagraph 7,a7 and inserting the following3 7#e7 ,parole 7,a7 ,in general ,except as provided in subparagraphs 7,b7 and 7,c7 and in section #bad7;f71 the ,secretary of ,homeland ,security may 2 and 7#c7 by adding at the end the following3 7,c7 ,aliens associated with criminal gangs or cartels 7i7 ,in general ,except as provided in clause 7ii71 the ,secretary of ,homeland ,security shall not parole into the ,united ,states an alien described in section #bab7;a77#b77;,j74 7ii7 ,exception ,the ,secretary of ,homeland ,security may parole into the ,united ,states an alien described in section #bab7;a77#b77;,j7 if-- 7,i7 the alien is assisting or has assisted the ,government in a law enforcement matter1 including a criminal investigation2 and 7,,ii7 the presence of the alien in the ,united ,states is required by the ,government for purposes of such assistance4 4 7j7 ,applicability ,the amendments made by this section shall apply to conduct that occurs before1 on1 or after the date of enactment of this ,act4 #f4 ,border access roads 7a7 ,construction 7#a7 ,in general ,the ,secretary shall commence and complete the construction of roads along the southern border to facilitate safe and swift access for ,u4,s4 ,customs and ,border ,protection personnel to access the border for purposes of patrol and apprehension4 7#b7 ,types of roads ,the roads constructed under paragraph 7#a7 shall include-- 7,a7 access roads2 7,b7 border roads2 7,c7 patrol roads2 and 7,d7 ,federal1 ,state1 local1 and privately-owned roads4 7b7 ,maintenance ,the ,secretary1 in partnership with local stakeholders1 shall maintain roads used for purposes of patrol and apprehension4 7c7 ,policy guidance ,the ,secretary shall-- 7#a7 develop policies and guidance for documenting agreements with landowners relating to the construction of roads under subsection 7a71 as the ,secretary determines to be necessary2 7#b7 share the policies and guidance developed under paragraph 7#a7 with each ,border ,patrol ,sector of ,u4,s4 ,customs and ,border ,protection2 7#c7 document and communicate the process and criteria for prioritizing funding for operational roads not owned by the ,federal ,government2 and 7#d7 assess the feasibility of options for addressing the maintenance of non-,federal public roads1 including any data needs relating to such maintenance4 ,december #g1 #bjag,read the second time and placed on the calendar