,i #aafth ,,congress #ast ,session ,h4 ,r4 #egd ,,in ,,the ,,house ,,of ,,representatives ,january #ae1 #bjai,mr4 ,meadows introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committees on ,foreign ,affairs1 and ,homeland ,security1 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 clarify standards of family detention and the treatment of unaccompanied alien children1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,equal ,protection of ,unaccompanied ,minors ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,title ,i--,unaccompanied ,alien ,children2 ,interior ,immigration ,enforcement ,sec4 #aaja4 ,repatriation of unaccompanied alien children4 ,sec4 #aajb4 ,clarification of standards for family detention4 ,sec4 #aajc4 ,detention of dangerous aliens4 ,sec4 #aajd4 ,definition of aggravated felony4 ,sec4 #aaje4 ,crime of violence4 ,sec4 #aajf4 ,grounds of inadmissibility and deportability for alien gang members4 ,sec4 #aajg4 ,special immigrant juvenile status for immigrants unable to reunite with either parent4 ,sec4 #aajh4 ,clarification of authority regarding determinations of convictions4 ,sec4 #aaji4 ,adding attempt and conspiracy to commit terrorism-related inadmissibility grounds acts to the definition of engaging in terrorist activity4 ,sec4 #aaaj4 ,clarifying the authority of ice detainers4 ,sec4 #aaaa4 ,department of ,homeland ,security access to crime information databases4 ,sec4 #aaab4 ,clarification of congressional intent4 ,title ,,ii--,asylum ,reform ,sec4 #baja4 ,credible fear interviews4 ,sec4 #bajb4 ,jurisdiction of asylum applications4 ,sec4 #bajc4 ,recording expedited removal and credible fear interviews4 ,sec4 #bajd4 ,safe third country4 ,sec4 #baje4 ,renunciation of asylum status pursuant to return to home country4 ,sec4 #bajf4 ,notice concerning frivolous asylum applications4 ,sec4 #bajg4 ,anti-fraud investigative work product4 ,sec4 #bajh4 ,penalties for asylum fraud4 ,sec4 #baji4 ,statute of limitations for asylum fraud4 ,sec4 #baaj4 ,technical amendments4 ,title ,,iii--,immigration ,judges1 ,facilities1 and ,personnel ,sec4 #caja4 ,facilities for asylum applicants who retain custody of a child4 ,sec4 #cajb4 ,increasing the number of authorized immigration judges4 ,sec4 #cajc4 ,increasing the number of available ,department of ,homeland ,security employees4 ,sec4 #cajd4 ,definitions4 ,i ,unaccompanied ,alien ,children2 ,interior ,immigration ,enforcement #aaja4 ,repatriation of unaccompanied alien children 7a7 ,in general ,section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b7-- 7i7 by amending the heading to read as follows3 ,rules for unaccompanied alien children4--2 7ii7 in subparagraph 7,a7-- 7,i7 in the matter preceding clause 7i71 by striking who is a national or habitual resident of a country that is contiguous with the ,united ,states2 7,,ii7 in clause 7i71 by inserting and at the end2 7,,iii7 in clause 7ii71 by striking 2 and and inserting a period2 and 7,,iv7 by striking clause 7iii72 7iii7 in subparagraph 7,b7-- 7,i7 in the matter preceding clause 7i71 by striking 7#h ,u4,s4,c4 #aaja et seq47 may-- and inserting 7#h ,u4,s4,c4 #aaja et seq47--2 7,,ii7 in clause 7i71 by inserting before permit such child to withdraw the following3 may2 and 7,,iii7 in clause 7ii71 by inserting before return such child the following3 shall2 and 7iv7 in subparagraph 7,c7-- 7,i7 by amending the heading to read as follows3 ,agreements with foreign countries4--2 and 7,,ii7 in the matter preceding clause 7i71 by striking ,the ,secretary of ,state shall negotiate agreements between the ,united ,states and countries contiguous to the ,united ,states and inserting ,the ,secretary of ,state may negotiate agreements between the ,united ,states and any foreign country that the ,secretary determines appropriate2 7,b7 by redesignating paragraphs 7#c7 through 7#e7 as paragraphs 7#d7 through 7#f71 respectively1 and inserting after paragraph 7#b7 the following3 7#c7 ,special rules for interviewing unaccompanied alien children ,an unaccompanied alien child shall be interviewed by a dedicated ,u4,s4 ,citizenship and ,immigration ,services immigration officer with specialized training in interviewing child trafficking victims4 ,such officer shall be in plain clothes and shall not carry a weapon4 ,the interview shall occur in a private room4 2 and 7,c7 in paragraph 7#f77;,d7 7as so redesignated7-- 7i7 in the matter preceding clause 7i71 by striking 1 except for an unaccompanied alien child from a contiguous country subject to exceptions under subsection 7a77#b71 and inserting who does not meet the criteria listed in paragraph 7#b77;,a72 and 7ii7 in clause 7i71 by inserting before the semicolon at the end the following3 1 which shall include a hearing before an immigration judge not later than #ad days after being screened under paragraph 7#d72 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by inserting before the semicolon the following3 believed not to meet the criteria listed in subsection 7a77#b77;,a72 and 7ii7 in subparagraph 7,b71 by inserting before the period the following3 and does not meet the criteria listed in subsection 7a77#b77;,a72 and 7,b7 in paragraph 7#c71 by striking an unaccompanied alien child in custody shall and all that follows1 and inserting the following3 an unaccompanied alien child in custody-- 7,a7 in the case of a child who does not meet the criteria listed in subsection 7a77#b77;,a71 shall transfer the custody of such child to the ,secretary of ,health and ,human ,services not later than #cj days after determining that such child is an unaccompanied alien child who does not meet such criteria2 or 7,b7 in the case of child who meets the criteria listed in subsection 7a77#b77;,a71 may transfer the custody of such child to the ,secretary of ,health and ,human ,services after determining that such child is an unaccompanied alien child who meets such criteria4 2 and 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#c71 by inserting at the end the following3 7,d7 ,information about individuals with whom children are placed 7i7 ,information to be provided to ,homeland ,security ,before placing a child with an individual1 the ,secretary of ,health and ,human ,services shall provide to the ,secretary of ,homeland ,security1 regarding the individual with whom the child will be placed1 the following information3 7,i7 ,the name of the individual4 7,,ii7 ,the social security number of the individual1 if available4 7,,iii7 ,the date of birth of the individual4 7,,iv7 ,the location of the individual's residence where the child will be placed4 7,v7 ,the immigration status of the individual1 if known4 7,,vi7 ,contact information for the individual4 7ii7 ,special rule ,in the case of a child who was apprehended on or after the effective date of this clause1 and before the date of the enactment of this subparagraph1 who the ,secretary of ,health and ,human ,services placed with an individual1 the ,secretary shall provide the information listed in clause 7i7 to the ,secretary of ,homeland ,security not later than #ij days after such date of enactment4 7iii7 ,activities of ,secretary of ,homeland ,security ,not later than #cj days after receiving the information listed in clause 7i71 the ,secretary of ,homeland ,security shall-- 7,i7 in the case that the immigration status of an individual with whom a child is placed is unknown1 investigate the immigration status of that individual2 and 7,,ii7 upon determining that an individual with whom a child is placed is unlawfully present in the ,united ,states1 initiate removal proceedings pursuant to chapter #d of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abba et seq474 2 and 7,b7 in paragraph 7#e7-- 7i7 by inserting 7at no expense to the ,government7 after to the greatest extent practicable2 and 7ii7 by striking have counsel to represent them and inserting have access to counsel to represent them4 7b7 ,effective date ,the amendments made by this section shall apply to any unauthorized alien child apprehended on or after the date of enactment4 #aajb4 ,clarification of standards for family detention 7a7 ,in general ,section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7 is amended by adding at the end the following3 7j7 ,construction 7#a7 ,in general ,notwithstanding any other provision of law1 judicial determination1 consent decree1 or settlement agreement1 the detention of any alien child who is not an unaccompanied alien child shall be governed by sections #bag1 #bce1 #bcf1 and #bda of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg1 #abbe1 #abbf1 and #abca74 ,there exists no presumption that an alien child who is not an unaccompanied alien child should not be detained1 and all such determinations shall be in the discretion of the ,secretary of ,homeland ,security4 7#b7 ,release of minors other than unaccompanied aliens ,in no circumstances shall an alien minor who is not an unaccompanied alien child be released by the ,secretary of ,homeland ,security other than to a parent or legal guardian4 7#c7 ,family detention ,the ,secretary of ,homeland ,security shall-- 7,a7 maintain the care and custody of an alien1 during the period which the charges described in clause 7i7 are pending1 who-- 7i7 is charged only with a misdemeanor offense under section #bge7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbe7;a772 and 7ii7 entered the ,united ,states with the alien's child who has not attained #ah years of age2 and 7,b7 detain the alien with the alien's child4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on the date of the enactment of this ,act and shall apply to all actions that occur before1 on1 or after the date of the enactment of this ,act4 7c7 ,preemption of state licensing requirements ,notwithstanding any other provision of law1 judicial determination1 consent decree1 or settlement agreement1 no ,state may require that an immigration detention facility used to detain children who have not attained #ah years of age1 families consisting of one or more such children and the parents or legal guardians of such children1 that is located in that ,state1 be licensed by the ,state or any political subdivision thereof4 #aajc4 ,detention of dangerous aliens ,section #bda7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;a77 is amended-- 7#a7 by striking ,attorney ,general each place it appears1 except for the first reference in paragraph 7#d77;,b77i71 and inserting ,secretary of ,homeland ,security2 7#b7 in paragraph 7#a71 by amending subparagraph 7,b7 to read as follows3 7,b7 ,beginning of period ,the removal period begins on the latest of the following3 7i7 ,the date the order of removal becomes administratively final4 7ii7 ,if the alien is not in the custody of the ,secretary on the date the order of removal becomes administratively final1 the date the alien is taken into such custody4 7iii7 ,if the alien is detained or confined 7except under an immigration process7 on the date the order of removal becomes administratively final1 the date the alien is taken into the custody of the ,secretary1 after the alien is released from such detention or confinement4 2 7#c7 in paragraph 7#a71 by amending subparagraph 7,c7 to read as follows3 7,c7 ,suspension of period 7i7 ,extension ,the removal period shall be extended beyond a period of #ij days and the ,secretary may1 in the ,secretary's sole discretion1 keep the alien in detention during such extended period if-- 7,i7 the alien fails or refuses to make all reasonable efforts to comply with the removal order1 or to fully cooperate with the ,secretary's efforts to establish the alien's identity and carry out the removal order1 including making timely application in good faith for travel or other documents necessary to the alien's departure or conspires or acts to prevent the alien's removal that is subject to an order of removal2 7,,ii7 a court1 the ,board of ,immigration ,appeals1 or an immigration judge orders a stay of removal of an alien who is subject to an administratively final order of removal2 7,,iii7 the ,secretary transfers custody of the alien pursuant to law to another ,federal agency or a ,state or local government agency in connection with the official duties of such agency2 or 7,,iv7 a court or the ,board of ,immigration ,appeals orders a remand to an immigration judge or the ,board of ,immigration ,appeals1 during the time period when the case is pending a decision on remand 7with the removal period beginning anew on the date that the alien is ordered removed on remand74 7ii7 ,renewal ,if the removal period has been extended under subparagraph 7,c77i71 a new removal period shall be deemed to have begun on the date-- 7,i7 the alien makes all reasonable efforts to comply with the removal order1 or to fully cooperate with the ,secretary's efforts to establish the alien's identity and carry out the removal order2 7,,ii7 the stay of removal is no longer in effect2 or 7,,iii7 the alien is returned to the custody of the ,secretary4 7iii7 ,mandatory detention for certain aliens ,in the case of an alien described in subparagraphs 7,a7 through 7,d7 of section #bcf7;c77#a71 the ,secretary shall keep that alien in detention during the extended period described in clause 7i74 7iv7 ,sole form of relief ,an alien may seek relief from detention under this subparagraph only by filing an application for a writ of habeas corpus in accordance with chapter #aec of title #bh1 ,united ,states ,code4 ,no alien whose period of detention is extended under this subparagraph shall have the right to seek release on bond4 2 7#d7 in paragraph 7#c7-- 7,a7 by adding after ,if the alien does not leave or is not removed within the removal period the following3 or is not detained pursuant to paragraph 7#f7 of this subsection2 and 7,b7 by striking subparagraph 7,d7 and inserting the following3 7,d7 to obey reasonable restrictions on the alien's conduct or activities that the ,secretary prescribes for the alien1 in order to prevent the alien from absconding1 for the protection of the community1 or for other purposes related to the enforcement of the immigration laws4 2 7#e7 in paragraph 7#d77;,a71 by striking paragraph 7#b7 and inserting subparagraph 7,b72 and 7#f7 by striking paragraph 7#f7 and inserting the following3 7#f7 ,additional rules for detention or release of certain aliens 7,a7 ,detention review process for cooperative aliens established ,for an alien who is not otherwise subject to mandatory detention1 who has made all reasonable efforts to comply with a removal order and to cooperate fully with the ,secretary of ,homeland ,security's efforts to establish the alien's identity and carry out the removal order1 including making timely application in good faith for travel or other documents necessary to the alien's departure1 and who has not conspired or acted to prevent removal1 the ,secretary shall establish an administrative review process to determine whether the alien should be detained or released on conditions4 ,the ,secretary shall make a determination whether to release an alien after the removal period in accordance with subparagraph 7,b74 ,the determination shall include consideration of any evidence submitted by the alien1 and may include consideration of any other evidence1 including any information or assistance provided by the ,secretary of ,state or other ,federal official and any other information available to the ,secretary of ,homeland ,security pertaining to the ability to remove the alien4 7,b7 ,authority to detain beyond removal period 7i7 ,in general ,the ,secretary of ,homeland ,security1 in the exercise of the ,secretary's sole discretion1 may continue to detain an alien for #ij days beyond the removal period 7including any extension of the removal period as provided in paragraph 7#a77;,c774 ,an alien whose detention is extended under this subparagraph shall have no right to seek release on bond4 7ii7 specific circumstances ,the ,secretary of ,homeland ,security1 in the exercise of the ,secretary's sole discretion1 may continue to detain an alien beyond the #ij days authorized in clause 7i7-- 7,i7 until the alien is removed1 if the ,secretary1 in the ,secretary's sole discretion1 determines that there is a significant likelihood that the alien-- 7aa7 will be removed in the reasonably foreseeable future2 or 7bb7 would be removed in the reasonably foreseeable future1 or would have been removed1 but for the alien's failure or refusal to make all reasonable efforts to comply with the removal order1 or to cooperate fully with the ,secretary's efforts to establish the alien's identity and carry out the removal order1 including making timely application in good faith for travel or other documents necessary to the alien's departure1 or conspires or acts to prevent removal2 7,,ii7 until the alien is removed1 if the ,secretary of ,homeland ,security certifies in writing-- 7aa7 in consultation with the ,secretary of ,health and ,human ,services1 that the alien has a highly contagious disease that poses a threat to public safety2 7bb7 after receipt of a written recommendation from the ,secretary of ,state1 that release of the alien is likely to have serious adverse foreign policy consequences for the ,united ,states2 7cc7 based on information available to the ,secretary of ,homeland ,security 7including classified1 sensitive1 or national security information1 and without regard to the grounds upon which the alien was ordered removed71 that there is reason to believe that the release of the alien would threaten the national security of the ,united ,states2 or 7dd7 that the release of the alien will threaten the safety of the community or any person1 conditions of release cannot reasonably be expected to ensure the safety of the community or any person1 and either 7,,aa7-- 7,,aa7 the alien has been convicted of 7aaa7 one or more aggravated felonies 7as defined in section #aja7;a77#dc77;,a771 7bbb7 one or more crimes identified by the ,secretary of ,homeland ,security by regulation1 if the aggregate term of imprisonment for such crimes is at least #e years1 or 7ccc7 one or more attempts or conspiracies to commit any such aggravated felonies or such identified crimes1 if the aggregate term of imprisonment for such attempts or conspiracies is at least #e years2 or 7,,bb7 the alien has committed one or more violent crimes 7as referred to in section #aja7;a77#dc77;,f71 but not including a purely political offense7 and1 because of a mental condition or personality disorder and behavior associated with that condition or disorder1 the alien is likely to engage in acts of violence in the future2 or 7,,iii7 pending a certification under subclause 7,,ii71 so long as the ,secretary of ,homeland ,security has initiated the administrative review process not later than #cj days after the expiration of the removal period 7including any extension of the removal period1 as provided in paragraph 7#a77;,c774 7iii7 ,no right to bond hearing ,an alien whose detention is extended under this subparagraph shall have no right to seek release on bond1 including by reason of a certification under clause 7ii77,,ii74 7,c7 ,renewal and delegation of certification 7i7 ,renewal ,the ,secretary of ,homeland ,security may renew a certification under subparagraph 7,b77ii77,,ii7 every #f months1 after providing an opportunity for the alien to request reconsideration of the certification and to submit documents or other evidence in support of that request4 ,if the ,secretary does not renew a certification1 the ,secretary may not continue to detain the alien under subparagraph 7,b77ii77,,ii74 7ii7 ,delegation ,notwithstanding section #ajc1 the ,secretary of ,homeland ,security may not delegate the authority to make or renew a certification described in item 7bb71 7cc71 or 7dd7 of subparagraph 7,b77ii77,,ii7 below the level of the ,director of ,immigration and ,customs ,enforcement4 7iii7 ,hearing ,the ,secretary of ,homeland ,security may request that the ,attorney ,general or the ,attorney ,general's designee provide for a hearing to make the determination described in item 7dd77,,bb7 of subparagraph 7,b77ii77,,ii74 7,d7 ,release on conditions ,if it is determined that an alien should be released from detention by a ,federal court1 the ,board of ,immigration ,appeals1 or if an immigration judge orders a stay of removal1 the ,secretary of ,homeland ,security1 in the exercise of the ,secretary's discretion1 may impose conditions on release as provided in paragraph 7#c74 7,e7 ,redetention ,the ,secretary of ,homeland ,security1 in the exercise of the ,secretary's discretion1 without any limitations other than those specified in this section1 may again detain any alien subject to a final removal order who is released from custody1 if removal becomes likely in the reasonably foreseeable future1 the alien fails to comply with the conditions of release1 or to continue to satisfy the conditions described in subparagraph 7,a71 or if1 upon reconsideration1 the ,secretary1 in the ,secretary's sole discretion1 determines that the alien can be detained under subparagraph 7,b74 ,this section shall apply to any alien returned to custody pursuant to this subparagraph1 as if the removal period terminated on the day of the redetention4 7,f7 ,review of determinations by ,secretary ,a determination by the ,secretary under this paragraph shall not be subject to review by any other agency4 4 #aajd4 ,definition of aggravated felony 7a7 ,in general ,section #aja7;a77#dc7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#dc77 is amended to read as follows3 7#dc7 ,notwithstanding any other provision of law1 the term aggravated felony means any offense1 whether in violation of ,federal1 ,state1 or foreign law1 that is described in this paragraph4 ,an offense described in this paragraph is-- 7,a7 homicide 7including murder in any degree1 manslaughter1 and vehicular manslaughter71 rape 7whether the victim was conscious or unconscious71 statutory rape1 sexual assault or battery1 or any offense of a sexual nature involving an intended victim under the age of #ah years 7including offenses in which the intended victim was a law enforcement officer72 7,b7 7i7 illicit trafficking in a controlled substance 7as defined in section #ajb of the ,controlled ,substances ,act71 including a drug trafficking crime 7as defined in section #ibd7;c7 of title #ah1 ,united ,states ,code72 or 7ii7 any offense under ,state law relating to a controlled substance 7as so classified under ,state law7 which is classified as a felony in that ,state regardless of whether the substance is classified as a controlled substance under section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb72 7,c7 illicit trafficking in firearms or destructive devices 7as defined in section #iba of title #ah1 ,united ,states ,code7 or in explosive materials 7as defined in section #hda7;c7 of that title72 7,d7 an offense described in section #aief of title #ah1 ,united ,states ,code 7relating to laundering of monetary instruments7 or section #aieg of that title 7relating to engaging in monetary transactions in property derived from specific unlawful activity7 if the amount of the funds exceeded #aj1jjj2 7,e7 an offense described in-- 7i7 section #hdb or #hdd of title #ah1 ,united ,states ,code 7relating to explosive materials offenses72 7ii7 section #ibb or #ibd of title #ah1 ,united ,states ,code 7relating to firearms offenses72 or 7iii7 section #ehfa of the ,internal ,revenue ,code of #aihf 7relating to firearms offenses72 7,f7 a violent crime for which the term of imprisonment is at least #a year1 including-- 7i7 any offense that has an element the use1 attempted use1 or threatened use of physical force against the person or property of another2 or 7ii7 any other offense in which the record of conviction establishes that the offender used physical force against the person or property of another in the course of committing the offense2 7,g7 7i7 theft 7including theft by deceit1 theft by fraud1 embezzlement1 motor vehicle theft1 unauthorized use of a vehicle1 or receipt of stolen property71 regardless of whether the intended deprivation was temporary or permanent1 for which the term of imprisonment is at least #a year2 or 7ii7 burglary for which the term of imprisonment is at least #a year2 7,h7 an offense described in section #hge1 #hgf1 #hgg1 or #abjb of title #ah1 ,united ,states ,code 7relating to the demand for or receipt of ransom72 7,i7 an offense involving child pornography or sexual exploitation of a minor 7including any offense described in section #bbea1 #bbea;,a1 or #bbeb of title #ah1 ,united ,states ,code72 7,j7 an offense described in section #aifb of title #ah1 ,united ,states ,code 7relating to racketeer influenced corrupt organizations71 or an offense described in section #ajhd 7if it is a second or subsequent offense7 or #aiee of that title 7relating to gambling offenses72 7,k7 an offense that-- 7i7 relates to the owning1 controlling1 managing1 or supervising of a prostitution business2 7ii7 is described in section #bdba1 #bdbb1 or #bdbc of title #ah1 ,united ,states ,code 7relating to transportation for the purpose of prostitution7 if committed for commercial advantage2 or 7iii7 is described in any of sections #aeha-aehe or #aehh-aeia of title #ah1 ,united ,states ,code 7relating to peonage1 slavery1 involuntary servitude1 and trafficking in persons72 7,l7 an offense described in-- 7i7 section #gic 7relating to gathering or transmitting national defense information71 #gih 7relating to disclosure of classified information71 #baec 7relating to sabotage7 or #bcha or #bchb 7relating to treason7 of title #ah1 ,united ,states ,code2 7ii7 section #fja of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #dba7 7relating to protecting the identity of undercover intelligence agents72 7iii7 section #fja of the ,national ,security ,act of #aidg 7relating to protecting the identity of undercover agents72 7iv7 section #age 7relating to biological weapons7 of title #ah1 ,united ,states ,code2 7v7 sections #gib 7harboring or concealing persons who violated sections #gic or #gid of title #ah1 ,united ,states ,code71 #gid 7gathering or delivering defense information to aid foreign government71 #gie 7photographing and sketching defense installations71 #gif 7use of aircraft for photographing defense installations71 #gig 7publication and sale of photographs of defense installations71 #gii 7violation of ,,nasa regulations for protection of facilities7 of title #ah1 ,united ,states ,code2 7vi7 sections #hca 7prohibited transactions involving nuclear materials7 and #hcb 7participation in nuclear and weapons of mass destruction threats to the ,united ,states7 of title #ah1 ,united ,states ,code2 7vii7 sections #bccb;a-d1 f-h 7relating to terrorist activities7 of title #ah1 ,united ,states ,code2 7viii7 sections #bcci 7relating to harboring or concealing terrorists71 #bcci;,a 7relating to material support to terrorists71 #bcci;,b 7relating to material support or resources to designated foreign terrorist organizations71 #bcci;,c 7relating to financing of terrorism71 #bcci;,d 7relating to receiving military-type training from a terrorist organization7 of title #ah1 ,united ,states ,code2 7ix7 section #agje of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje72 or 7x7 section #ch of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bggh72 7,m7 an offense that-- 7i7 involves fraud or deceit in which the loss to the victim or victims exceeds #aj1jjj2 or 7ii7 is described in section #gbja of the ,internal ,revenue ,code of #aihf 7relating to tax evasion7 in which the revenue loss to the ,government exceeds #aj1jjj2 7,n7 an offense described in section #bgd7;a7 7relating to alien smuggling72 7,o7 an offense described in section #bge or #bgf for which the term of imprisonment is at least #a year2 7,p7 an offense which is described in chapter #ge of title #ah1 ,united ,states ,code1 and for which the term of imprisonment is at least #a year2 7,q7 an offense relating to a failure to appear by a defendant for service of sentence if the underlying offense is punishable by imprisonment for a term of #e years or more2 7,r7 an offense relating to commercial bribery1 counterfeiting1 forgery1 or trafficking in vehicles the identification numbers of which have been altered for which the term of imprisonment is at least one year2 7,s7 an offense relating to obstruction of justice1 perjury or subornation of perjury1 or bribery of a witness2 7,t7 an offense relating to a failure to appear before a court pursuant to a court order to answer to or dispose of a charge of a felony for which a sentence of #b years' imprisonment or more may be imposed2 7,u7 any offense for which the term of imprisonment imposed was #b years or more2 7,v7 an offense relating to terrorism or national security 7including a conviction for a violation of any provision of chapter #aac;,b of title #ah1 ,united ,states ,code2 7,w7 7i7 a single conviction for driving while intoxicated 7including a conviction for driving while under the influence of or impairment by alcohol or drugs71 when such impaired driving was a cause of the serious bodily injury or death of another person2 or 7ii7 a second or subsequent conviction for driving while intoxicated 7including a conviction for driving under the influence of or impaired by alcohol or drugs72 or 7,x7 an attempt or conspiracy to commit an offense described in this paragraph or aiding1 abetting1 counseling1 procuring1 commanding1 inducing1 facilitating1 or soliciting the commission of such an offense4 ,any determinations under this paragraph shall be made on the basis of the record of conviction4 ,for purposes of this paragraph1 a person shall be considered to have committed an aggravated felony if that person has been convicted for #c or more misdemeanors not arising out the traffic laws 7except for any conviction for driving under the influence or an offense that results in the death or serious bodily injury of another person7 or felonies for which the aggregate term of imprisonment imposed was #c years or more1 regardless of whether the convictions were all entered pursuant to a single trial or the offenses arose from a single pattern or scheme of conduct4 4 7b7 ,effective date2 application of amendments 7#a7 ,in general ,the amendments made by subsection 7a7-- 7,a7 shall take effect on the date of the enactment of this ,act2 and 7,b7 shall apply to any act or conviction that occurred before1 on1 or after such date4 7#b7 ,application of ,,iirira amendments ,the amendments to section #aja7;a77#dc7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#dc77 made by section #cba of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7division ,c of ,public ,law #ajd-bjh2 #aaj ,stat4 #cjji-fbg7 shall continue to apply1 whether the conviction was entered before1 on1 or after ,september #cj1 #aiif4 #aaje4 ,crime of violence ,section #af of title #ah1 ,united ,states ,code1 is amended to read as follows3 #af4 ,crime of violence defined 7a7 ,the term crime of violence means an offense that-- 7#a7 7,a7 is murder1 voluntary manslaughter1 assault1 sexual abuse or aggravated sexual abuse1 abusive sexual contact1 child abuse1 kidnapping1 robbery1 carjacking1 firearms use1 burglary1 arson1 extortion1 communication of threats1 coercion1 unauthorized use of a vehicle1 fleeing1 interference with flight crew members and attendants1 domestic violence1 hostage taking1 stalking1 human trafficking1 or using weapons of mass destruction2 or 7,b7 involves use or unlawful possession of explosives or destructive devices described in #ehde7;f7 of the ,internal ,revenue ,code of #aihf2 7#b7 has as an element the use1 attempted use1 or threatened use of physical force against the person or property of another2 or 7#c7 is an attempt to commit1 conspiracy to commit1 solicitation to commit1 or aiding and abetting any of the offenses set forth in paragraphs 7#a7 and 7#b74 7b7 ,in this section3 7#a7 ,the term abusive sexual contact means conduct described in section #bbdd7;a77#a7 and 7a77#b74 7#b7 ,the terms aggravated sexual abuse and sexual abuse mean conduct described in sections #bbda and #bbdb4 ,for purposes of such conduct1 the term sexual act means conduct described in section #bbdf7b71 or the knowing and lewd exposure of genitalia or masturbation1 to any person1 with an intent to abuse1 humiliate1 harass1 degrade1 or arouse or gratify the sexual desire of any person4 7#c7 ,the term assault means conduct described in section #aac7;a71 and includes conduct committed recklessly1 knowingly1 or intentionally4 7#d7 ,the term arson means conduct described in section #hdd7;i7 or unlawfully or willfully damaging or destroying any building1 inhabited structure1 vehicle1 vessel1 or real property by means of fire or explosive4 7#e7 ,the term burglary means an unlawful or unprivileged entry into1 or remaining in1 a building or structure1 including any nonpermanent or mobile structure that is adapted or used for overnight accommodation or for the ordinary carrying on of business1 and1 either before or after entering1 the person-- 7,a7 forms the intent to commit a crime2 or 7,b7 commits or attempts to commit a crime4 7#f7 ,the term carjacking means conduct described in section #baai1 or the unlawful taking of a motor vehicle from the immediate actual possession of a person against his will1 by means of actual or threatened force1 or violence or intimidation1 or by sudden or stealthy seizure or snatching1 or fear of injury4 7#g7 ,the term child abuse means the unlawful infliction of physical injury or the commission of any sexual act against a child under fourteen by any person eighteen years of age or older4 7#h7 ,the term communication of threats means conduct described in section #hdd7;e71 or the transmission of any communications containing any threat of use of violence to-- 7,a7 demand or request for a ransom or reward for the release of any kidnapped person2 or 7,b7 threaten to kidnap or injure the person of another4 7#i7 ,the term coercion means causing the performance or non-performance of any act by another person which under such other person has a legal right to do or to abstain from doing1 through fraud or by the use of actual or threatened force1 violence1 or fear thereof1 including the use1 or an express or implicit threat of use1 of violence to cause harm1 or threats to cause injury to the person1 reputation or property of any person4 7#aj7 ,the term domestic violence means any assault committed by a current or former spouse1 parent1 or guardian of the victim1 by a person with whom the victim shares a child in common1 by a person who is cohabiting with or has cohabited with the victim as a spouse1 parent1 or guardian1 or by a person similarly situated to a spouse1 parent1 or guardian of the victim4 7#aa7 ,the term extortion means conduct described in section #aiea7;b77#b771 but not extortion under color of official right or fear of economic loss4 7#ab7 ,the term firearms use means conduct described in section #ibd7;c7 or #ibi7;a71 if the firearm was brandished1 discharged1 or otherwise possessed1 carried1 or used as a weapon and the crime of violence or drug trafficking crime during and in relation to which the firearm was possessed1 carried1 or used was subject to prosecution in any court of the ,united ,states1 ,state court1 military court or tribunal1 or tribal court4 ,such term also includes unlawfully possessing a firearm described in section #ehde7;a7 of the ,internal ,revenue ,code of #aihf 7such as a sawed-off shotgun or sawed-off rifle1 silencer1 bomb1 or machine gun71 possession of a firearm described in section #ibb7;g77#a71 #ibb7;g77#b7 and #ibb7;g77#d71 possession of a firearm with the intent to use such firearm unlawfully1 or reckless discharge of a firearm at a dwelling4 7#ac7 ,the term fleeing means knowingly operating a motor vehicle and1 following a law enforcement officer's signal to bring the motor vehicle to a stop-- 7,a7 failing or refusing to comply2 or 7,b7 fleeing or attempting to elude a law enforcement officer4 7#ad7 ,the term force means the level of force needed or intended to overcome resistance4 7#ae7 ,the term hostage taking means conduct described in section #abjc4 7#af7 ,the term human trafficking means conduct described in section #aehi1 #aeij1 and #aeia4 7#ag7 ,the term interference with flight crew members and attendants means conduct described in section #dfejd of title #di1 ,united ,states ,code4 7#ah7 ,the term kidnapping means conduct described in section #abja7;a77#a7 or seizing1 confining1 inveigling1 decoying1 abducting1 or carrying away and holding for ransom or reward or otherwise any person4 7#ai7 ,the term murder means conduct described as murder in the first degree or murder in the second degree described in section #aaaa4 7#bj7 ,the term robbery means conduct described in section #aiea7;b77#a71 or the unlawful taking or obtaining of personal property from the person or in the presence of another1 against his will1 by means of actual or threatened force1 or violence or intimidation1 or by sudden or stealthy seizure or snatching1 or fear of injury1 immediate or future1 to his person or property1 or property in his custody or possession1 or the person or property of a relative or member of his family or of anyone in his company at the time of the taking or obtaining4 7#ba7 ,the term stalking means conduct described in section #bbfa;,a4 7#bb7 ,the term unauthorized use of a motor vehicle means the intentional or knowing operation of another person's boat1 airplane1 or motor vehicle without the consent of the owner4 7#bc7 ,the term using weapons of mass destruction means conduct described in section #bccb;a4 7#bd7 ,the term voluntary manslaughter means conduct described in section #aaab7;a74 7c7 ,for purposes of this section1 in the case of any reference in subsection 7b7 to an offense under this title1 such reference shall include conduct that constitutes an offense under ,state or tribal law or under the ,uniform ,code of ,military ,justice1 if such conduct would be an offense under this title if a circumstance giving rise to ,federal jurisdiction had existed4 4 #aajf4 ,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 inserting after paragraph 7#eb7 the following3 7#ec7 7,a7 ,the term criminal gang means an ongoing group1 club1 organization1 or association of #e or more persons-- 7i7 that has as one of its primary purposes the commission of #a or more of the criminal offenses described in subparagraph 7,b7 and the members of which engage1 or have engaged within the past #e years1 in a continuing series of such offenses2 or 7ii7 that has been designated as a criminal gang by the ,secretary of ,homeland ,security1 in consultation with the ,attorney ,general1 as meeting these criteria4 7,b7 ,the offenses described1 whether in violation of ,federal or ,state law or foreign law and regardless of whether the offenses occurred before1 on1 or after the date of the enactment of this paragraph1 are the following3 7i7 ,a felony drug offense 7as defined in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb774 7ii7 ,a felony offense involving firearms or explosives or in violation of section #ica of title #ah1 ,united ,states ,code 7relating to purchase1 ownership1 or possession of body armor by violent felons74 7iii7 ,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 purpose71 except that this clause does not apply in the case of an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #eja7;c77#c77 which is exempt from taxation under section #eja7;a7 of such ,code4 7iv7 ,a violent crime described in section #aja7;a77#dc77;,f74 7v7 ,a crime involving obstruction of justice1 tampering with or retaliating against a witness1 victim1 or informant1 or perjury or subornation of perjury4 7vi7 ,any conduct punishable under sections #ajbh;,a and #ajbi of title #ah1 ,united ,states ,code 7relating to aggravated identity theft or 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 7vii7 ,an attempt or conspiracy to commit an offense described in this paragraph or aiding1 abetting1 counseling1 procuring1 commanding1 inducing1 facilitating1 or soliciting the commission of an offense described in clauses 7i7 through 7vi74 4 7b7 ,inadmissibility ,section #bab7;a77#b7 of such ,act 7#h ,u4,s4,c4 #aahb7;a77#b77 is amended-- 7#a7 in subparagraph 7,a77i7-- 7,a7 in subclause 7,i71 by striking or at the end2 and 7,b7 by inserting after subclause 7,,ii7 the following3 7,,iii7 a violation of 7or a conspiracy or attempt to violate7 any law or regulation of a ,state1 the ,united ,states1 or a foreign country relating to participation or membership in a criminal gang1 or 7,,iv7 any felony or misdemeanor offense for which the alien received a sentencing enhancement predicated on gang membership or conduct that promoted1 furthered1 aided1 or supported the illegal activity of the criminal gang1 2 and 7#b7 by adding at the end the following3 7,n7 ,aliens associated with criminal gangs 7i7 ,aliens not physically present in the ,united ,states ,in the case of an alien who is not physically present in the ,united ,states3 7,i7 ,that alien is inadmissible if a consular officer1 an immigration officer1 the ,secretary of ,homeland ,security1 or the ,attorney ,general knows or has reason to believe-- 7aa7 to be or to have been a member of a criminal gang 7as defined in section #aja7;a77#ec772 or 7bb7 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 7,,ii7 ,that alien is inadmissible if a consular officer1 an immigration officer1 the ,secretary of ,homeland ,security1 or the ,attorney ,general has reasonable grounds to believe the alien has participated in1 been a member of1 promoted1 or conspired with a criminal gang1 either inside or outside of the ,united ,states4 7,,iii7 ,that alien is inadmissible if a consular officer1 an immigration officer1 the ,secretary of ,homeland ,security1 or the ,attorney ,general has reasonable grounds to believe seeks to enter the ,united ,states or has entered the ,united ,states in furtherance of the activities of a criminal gang1 either inside or outside of the ,united ,states4 7ii7 ,aliens physically present in the ,united ,states ,in the case of an alien who is physically present in the ,united ,states1 that alien is inadmissible if the alien-- 7,i7 is a member of a criminal gang 7as defined in section #aja7;a77#ec772 or 7,,ii7 has 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,h7 ,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 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 gang2 7iii7 has been convicted of a violation of 7or a conspiracy or attempt to violate7 any law or regulation of a ,state1 the ,united ,states1 or a foreign country relating to participation or membership in a criminal gang2 or 7iv7 any felony or misdemeanor offense for which the alien received a sentencing enhancement predicated on gang membership or conduct that promoted1 furthered1 aided1 or supported 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,n7 or deportable under section #bcg7;a77#b77;,h71 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,n77i7 or section #bcg7;a77#b77;,h77i7 or who is after to an alien4 7#b7 ,ineligibility for asylum ,section #bjh7;b77#b77;,a7 of such ,act 7#h ,u4,s4,c4 #aaeh7;b77#b77;,a77 is amended-- 7,a7 in clause 7v71 by striking or at the end2 7,b7 by redesignating clause 7vi7 as clause 7vii72 and 7,c7 by inserting after clause 7v7 the following3 7vi7 the alien is described in section #bab7;a77#b77,n77i7 or section #bcg7;a77#b77;,h77i72 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,n7 or section #bcg7;a77#b77;,h74 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,n7 or section #bcg7;a77#b77;,h7 shall be eligible for any immigration benefit under this subparagraph2 4 7i7 ,parole ,an alien described in section #bab7;a77#b77,n7 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 #aajg4 ,special immigrant juvenile status for immigrants unable to reunite with either parent ,section #aja7;a77#bg77;,j77i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bg77;,j77i77 is amended by striking #a or both of the immigrant's parents and inserting either of the immigrant's parents4 #aajh4 ,clarification of authority regarding determinations of convictions ,section #aja7;a77#dh7 of the ,immigration and ,national ,act 7#h ,u4,s4,c4 #aaja7;a77#dh77 is amended by adding at the end the following3 7,c7 ,in making a determination as to whether a conviction is for-- 7i7 a crime under section #bab7;a77#b71 or 7ii7 a crime under #bcg7;a77#b71 such determination shall be determined on the basis of the record of conviction and any facts established within the record of conviction4 7,d7 ,any reversal1 vacatur1 expungement1 or modification to a conviction1 sentence1 or conviction record that was granted to ameliorate the immigration consequences of the conviction1 sentence1 or conviction record1 or was granted for rehabilitative purposes shall have no effect on the immigration consequences resulting from the original conviction4 ,the alien shall have the burden of proving that the reversal1 vacatur1 expungement1 or modification was not for such purposes4 ,in no case in which a reversal1 vacatur1 expungement1 or modification was granted for a procedural or substantive defect in the criminal proceedings4 ,whether an alien has been convicted of a crime for which a sentence of one year or longer may be imposed or whether the alien has been convicted for a crime where the maximum penalty possible did not exceed one year shall be determined based on the maximum penalty allowed by the statute of conviction as of the date the offense was committed4 ,subsequent changes in ,state or ,federal law which increase or decrease the sentence that may be imposed for a given crime shall not be considered4 4 #aaji4 ,adding attempt and conspiracy to commit terrorism-related inadmissibility grounds acts to the definition of engaging in terrorist activity ,section #bab7;a77#c77;,b77iv7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#c77;,b77iv77 is amended-- 7#a7 in subclause 7,,vi71 by striking the period and inserting 2 or2 and 7#b7 by adding at the end the following3 7,,vii7 an attempt or conspiracy to do any of the foregoing4 4 #aaaj4 ,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 law relating to driving while intoxicated or driving under the influence 7including driving while under the influence of or impairment by alcohol or drugs71 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 or public official acting in an official capacity in the appropriate ,federal court if the ,state or political subdivision1 except as provided in paragraph 7#c7-- 7,a7 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#a772 7,b7 has in effect a statute1 policy1 or practice not in compliance with section #fdb of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acgc7 as amended1 and as a consequence of its statute1 policy1 or practice1 released the alien from custody prior to the commission of such crime2 or 7,c7 has in effect a statute1 policy1 or practice requiring a subordinate political subdivision to decline to honor any or all detainers issued pursuant to section #bhg7;d77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aceg7;d77#a771 and1 as a consequence of its statute1 policy or practice1 the subordinate political subdivision declined to honor a detainer issued pursuant to such section1 and as a consequence released the alien from custody prior to the commission of such crime4 7#b7 ,limitations on bringing action ,an action may not be brought under this subsection 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 ,proper defendant ,if a political subdivision of a ,state declines to honor a detainer issued pursuant to section #bhg7;d77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aceg7;d77 as a consequence of the ,state or another political subdivision with jurisdiction over the subdivision prohibiting the subdivision through a statute or other legal requirement of the ,state or other political subdivision-- 7,a7 from honoring the detainer2 or 7,b7 fully complying with section #fdb of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acgc71 and1 as a consequence of the statute or other legal requirement of the ,state or other political subdivision1 the subdivision released the alien referred to in paragraph 7#a7 from custody prior to the commission of the crime referred to in that paragraph1 the ,state or other political subdivision that enacted the statute or other legal requirement1 shall be deemed to be the proper defendant in a cause of action under this subsection1 and no such cause of action may be maintained against the political subdivision which declined to honor the detainer4 7#d7 ,attorney's fee and other costs ,in any action or proceeding under this subsection the court shall allow a prevailing plaintiff a reasonable attorney's fee as part of the costs1 and include expert fees as part of the attorney's fee4 #aaaa4 ,department of ,homeland ,security access to crime information databases ,section #aje7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaje7;b77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking the ,service and inserting the ,department of ,homeland ,security2 and 7,b7 by striking visa applicant or applicant for admission and inserting visa applicant1 applicant for admission1 applicant for adjustment of status1 or applicant for any other benefit under the immigration laws2 and 7#b7 by inserting after paragraph 7#d7 the following3 7#e7 ,the ,secretary of ,homeland ,security shall receive1 upon request1 access to the information described in paragraph 7#a7 by means of extracts of the records for placement in the appropriate database without any fee or charge4 4 #aaab4 ,clarification of congressional intent ,section #bhg7;g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aceg7;g77 is amended-- 7#a7 in paragraph 7#a7 by striking may enter and all that follows through the period at the end and inserting the following3 shall enter into a written agreement with a ,state1 or any political subdivision of a ,state1 upon request of the ,state or political subdivision1 pursuant to which officers or employees of the ,state or subdivision1 who are determined by the ,secretary to be qualified to perform a function of an immigration officer in relation to the investigation1 apprehension1 or detention of aliens in the ,united ,states 7including the transportation of such aliens across ,state lines to detention centers71 may carry out such function at the expense of the ,state or political subdivision and to the extent consistent with ,state and local law4 ,no request from a bona fide ,state or political subdivision or bona fide law enforcement agency shall be denied absent a compelling reason4 ,no limit on the number of agreements under this subsection may be imposed4 ,the ,secretary shall process requests for such agreements with all due haste1 and in no case shall take not more than #ij days from the date the request is made until the agreement is consummated42 7#b7 by redesignating paragraph 7#b7 as paragraph 7#e7 and paragraphs 7#c7 through 7#aj7 as paragraphs 7#g7 through 7#ad71 respectively2 7#c7 by inserting after paragraph 7#a7 the following3 7#b7 ,an agreement under this subsection shall accommodate a requesting ,state or political subdivision with respect to the enforcement model or combination of models1 and shall accommodate a patrol model1 task force model1 jail model1 any combination thereof1 or any other reasonable model the ,state or political subdivision believes is best suited to the immigration enforcement needs of its jurisdiction4 7#c7 ,no ,federal program or technology directed broadly at identifying inadmissible or deportable aliens shall substitute for such agreements1 including those establishing a jail model1 and shall operate in addition to any agreement under this subsection4 7#d7 7,a7 ,no agreement under this subsection shall be terminated absent a compelling reason4 7,b7 7i7 ,the ,secretary shall provide a ,state or political subdivision written notice of intent to terminate at least #ahj days prior to date of intended termination1 and the notice shall fully explain the grounds for termination1 along with providing evidence substantiating the ,secretary's allegations4 7ii7 ,the ,state or political subdivision shall have the right to a hearing before an administrative law judge and1 if the ruling is against the ,state or political subdivision1 to appeal the ruling to the ,federal ,circuit ,court of ,appeals and1 if the ruling is against the ,state or political subdivision1 to petition the ,supreme ,court for certeriori4 7,c7 ,the agreement shall remain in full effect during the course of any and all legal proceedings4 2 and 7#d7 by inserting after paragraph 7#e7 7as redesignated7 the following3 7#f7 ,the ,secretary of ,homeland ,security shall make training of ,state and local law enforcement officers available through as many means as possible1 including through residential training at the ,center for ,domestic ,preparedness and the ,federal ,law ,enforcement ,training ,center1 onsite training held at ,state or local police agencies or facilities1 online training courses by computer1 teleconferencing1 and videotape1 or the digital video display 7,,dvd7 of a training course or courses4 ,distance learning through a secure1 encrypted1 distributed learning system that has all its servers based in the ,united ,states1 is scalable1 survivable1 and can have a portal in place not later than #cj days after the date of the enactment of the ,securing ,america's ,future ,act of #bjah1 shall be made available by the ,,cops ,office of the ,department of ,justice and the ,federal ,law ,enforcement ,training ,center ,distributed ,learning ,program for ,state and local law enforcement personnel4 ,preference shall be given to private sector-based1 web-based immigration enforcement training programs for which the ,federal ,government has already provided support to develop4 4 ,,ii ,asylum ,reform #baja4 ,credible fear interviews ,section #bce7;b77#a77;,b77v7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b77#a77;,b77v77 is amended by striking claim and all that follows1 and inserting claim1 as determined pursuant to section #bjh7;b77#a77;,b77iii71 and such other facts as are known to the officer1 that the alien could establish eligibility for asylum under section #bjh1 and it is more probable than not that the statements made by1 and on behalf of1 the alien in support of the alien's claim are true44 #bajb4 ,jurisdiction of asylum applications ,section #bjh7;b77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7 is amended by striking subparagraph 7,c74 #bajc4 ,recording expedited removal and credible fear interviews 7a7 ,in general ,the ,secretary of ,homeland ,security shall establish quality assurance procedures and take steps to effectively ensure that questions by employees of the ,department of ,homeland ,security exercising expedited removal authority under section #bce7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b77 are asked in a uniform manner1 to the extent possible1 and that both these questions and the answers provided in response to them are recorded in a uniform fashion4 7b7 ,factors relating to sworn statements ,where practicable1 any sworn or signed written statement taken of an alien as part of the record of a proceeding under section #bce7;b77#a77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b77#a77;,a77 shall be accompanied by a recording of the interview which served as the basis for that sworn statement4 7c7 ,interpreters ,the ,secretary shall ensure that a competent interpreter1 not affiliated with the government of the country from which the alien may claim asylum1 is used when the interviewing officer does not speak a language understood by the alien4 7d7 ,recordings in immigration proceedings ,there shall be an audio or audio visual recording of interviews of aliens subject to expedited removal4 ,the recording shall be included in the record of proceeding and shall be considered as evidence in any further proceedings involving the alien4 7e7 ,no private right of action ,nothing in this section shall be construed to create any right1 benefit1 trust1 or responsibility1 whether substantive or procedural1 enforceable in law or equity by a party against the ,united ,states1 its departments1 agencies1 instrumentalities1 entities1 officers1 employees1 or agents1 or any person1 nor does this section create any right of review in any administrative1 judicial1 or other proceeding4 #bajd4 ,safe third country ,section #bjh7;a77#b77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;a77#b77;,a77 is amended-- 7#a7 by striking ,attorney ,general each place it appears and inserting ,secretary of ,homeland ,security2 and 7#b7 by striking removed1 pursuant to a bilateral or multilateral agreement1 to and inserting removed to4 #baje4 ,renunciation of asylum status pursuant to return to home country 7a7 ,in general ,section #bjh7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;c77 is amended by adding at the end the following new paragraph3 7#d7 ,renunciation of status pursuant to return to home country 7,a7 ,in general ,except as provided in subparagraph 7,b71 any alien who is granted asylum status under this ,act1 who1 absent changed country conditions1 subsequently returns to the country of such alien's nationality or1 in the case of an alien having no nationality1 returns to any country in which such alien last habitually resided1 and who applied for such status because of persecution or a well-founded fear of persecution in that country on account of race1 religion1 nationality1 membership in a particular social group1 or political opinion1 shall have his or her status terminated4 7,b7 ,waiver ,the ,secretary has discretion to waive subparagraph 7,a7 if it is established to the satisfaction of the ,secretary that the alien had a compelling reason for the return4 ,the waiver may be sought prior to departure from the ,united ,states or upon return4 4 7b7 ,conforming amendment ,section #bjh7;c77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;c77#c77 is amended by inserting after paragraph 7#b7 the following3 or 7#d74 #bajf4 ,notice concerning frivolous asylum applications 7a7 ,in general ,section #bjh7;d77#d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;d77#d77 is amended-- 7#a7 in the matter preceding subparagraph 7,a71 by inserting the ,secretary of ,homeland ,security or before the ,attorney ,general2 7#b7 in subparagraph 7,a71 by striking and of the consequences1 under paragraph 7#f71 of knowingly filing a frivolous application for asylum2 and and inserting a semicolon2 7#c7 in subparagraph 7,b71 by striking the period and inserting 2 and2 and 7#d7 by adding at the end the following3 7,c7 ensure that a written warning appears on the asylum application advising the alien of the consequences of filing a frivolous application and serving as notice to the alien of the consequence of filing a frivolous application4 4 7b7 ,conforming amendment ,section #bjh7;d77#f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;d77#f77 is amended by striking ,if the and all that follows and inserting3 7,a7 ,if the ,secretary of ,homeland ,security or the ,attorney ,general determines that an alien has knowingly made a frivolous application for asylum and the alien has received the notice under paragraph 7#d77;,c71 the alien shall be permanently ineligible for any benefits under this chapter1 effective as the date of the final determination of such an application4 7,b7 ,an application is frivolous if the ,secretary of ,homeland ,security or the ,attorney ,general determines1 consistent with subparagraph 7,c71 that-- 7i7 it is so insufficient in substance that it is clear that the applicant knowingly filed the application solely or in part to delay removal from the ,united ,states1 to seek employment authorization as an applicant for asylum pursuant to regulations issued pursuant to paragraph 7#b71 or to seek issuance of a ,notice to ,appeal in order to pursue ,cancellation of ,removal under section #bdj;,a7b72 or 7ii7 any of the material elements are knowingly fabricated4 7,c7 ,in determining that an application is frivolous1 the ,secretary or the ,attorney ,general1 must be satisfied that the applicant1 during the course of the proceedings1 has had sufficient opportunity to clarify any discrepancies or implausible aspects of the claim4 7,d7 ,for purposes of this section1 a finding that an alien filed a frivolous asylum application shall not preclude the alien from seeking withholding of removal under section #bda7;b77#c7 or protection pursuant to the ,convention ,against ,torture4 4 #bajg4 ,anti-fraud investigative work product 7a7 ,asylum credibility determinations ,section #bjh7;b77#a77;,b77iii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;b77#a77;,b77iii77 is amended by inserting after all relevant factors the following3 1 including statements made to1 and investigative reports prepared by1 immigration authorities and other government officials4 7b7 ,relief for removal credibility determinations ,section #bdj7;c77#d77;,c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7c77#d77;,c77 is amended by inserting after all relevant factors the following3 1 including statements made to1 and investigative reports prepared by1 immigration authorities and other government officials4 #bajh4 ,penalties for asylum fraud ,section #ajja of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,whoever1 in any matter before the ,secretary of ,homeland ,security or the ,attorney ,general pertaining to asylum under section #bjh of the ,immigration and ,nationality ,act or withholding of removal under section #bda7;b77#c7 of such ,act1 knowingly and willfully-- 7#a7 makes any materially false1 fictitious1 or fraudulent statement or representation2 or 7#b7 makes or uses any false writings or document knowing the same to contain any materially false1 fictitious1 or fraudulent statement or entry1 shall be fined under this title or imprisoned not more than #aj years1 or both4 4 #baji4 ,statute of limitations for asylum fraud ,section #cbia of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking #fi1 and sections and inserting #fi1 sections2 7#b7 by inserting section #aedf of this title before or for conspiracy2 and 7#c7 by striking offense4 and inserting offense or within #aj years after the fraud is discovered44 #baaj4 ,technical amendments ,section #bjh of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b77;,d71 by inserting ,secretary of ,homeland ,security or the before ,attorney ,general2 and 7,b7 in paragraph 7#c71 by inserting ,secretary of ,homeland ,security or the before ,attorney ,general2 7#b7 in subsection 7b77#b71 by inserting ,secretary of ,homeland ,security or the before ,attorney ,general each place such term appears2 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a71 by striking ,attorney ,general each place such term appears and inserting ,secretary of ,homeland ,security2 7,b7 in paragraph 7#b71 in the matter preceding subparagraph 7,a71 by inserting ,secretary of ,homeland ,security or the before ,attorney ,general2 and 7,c7 in paragraph 7#c71 by inserting ,secretary of ,homeland ,security or the before ,attorney ,general2 and 7#d7 in subsection 7d7-- 7,a7 in paragraph 7#a71 by inserting ,secretary of ,homeland ,security or the before ,attorney ,general each place such term appears2 7,b7 in paragraph 7#b71 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security2 and 7,c7 in paragraph 7#e7-- 7i7 in subparagraph 7,a71 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security2 and 7ii7 in subparagraph 7,b71 by inserting ,secretary of ,homeland ,security or the before ,attorney ,general4 ,,iii ,immigration ,judges1 ,facilities1 and ,personnel #caja4 ,facilities for asylum applicants who retain custody of a child 7a7 ,in general ,the designated agencies shall maintain facilities for the joint detention of ,asylum ,applicants who retain custody of a child and the child4 ,these facilities shall only contain individuals who are under the age of #ah or are the parents or legal guardians of individuals under the age of #ah4 7b7 ,funding ,there are authorized to be appropriated for each of fiscal years #bjai1 #bjbj1 and #bjba such sums as may be necessary to carry out this section4 #cajb4 ,increasing the number of authorized immigration judges 7a7 ,increase in immigration judges ,the ,attorney ,general of the ,united ,states shall increase the total number of immigration judges to adjudicate pending cases and efficiently process future cases by #ge judges4 7b7 ,necessary support staff for immigration judges ,to address the shortage of support staff for immigration judges1 the ,attorney ,general shall ensure that each immigration judge has sufficient support staff1 adequate technological and security resources1 and appropriate courtroom facilities4 7c7 ,increase in board of immigration appeals attorneys ,the ,attorney ,general shall increase the number of ,board of ,immigration ,appeals staff attorneys by sixty attorneys4 7d7 ,necessary support staff for ,board of ,immigration ,appeals ,to address the shortage of support staff for the ,board of ,immigration appeals1 the ,attorney ,general shall ensure that the ,board of ,immigration ,appeals and its staff attorneys has sufficient support staff and adequate technological and security resources4 7e7 ,prioritization of asylum applicants ,any immigration judges1 ,board of ,immigration ,appeals staff attorneys1 and support staff hired under the authority of this section shall prioritize asylum applications that are filed by ,asylum ,applicants4 7f7 ,funding ,there are authorized to be appropriated for fiscal years #bjai1 #bjbj1 and #bjba a total of #efc1jjj1jjj to carry out this section4 #cajc4 ,increasing the number of available ,department of ,homeland ,security employees 7a7 ,increase in asylum processors ,the ,secretary of ,homeland ,security shall increase the total number of ,department personnel to that are responsible for processing asylum applications filed by ,asylum ,applicants by #bjj4 ,there are authorized to be appropriated for each of fiscal years #bjai1 #bjbj1 and #bjba such sums as may be necessary to carry out this subsection4 7b7 ,increase in ,border ,patrol agents ,the ,secretary of ,homeland ,security shall increase the number of ,united ,states ,border ,patrol agents by #b1jjj4 ,there are authorized to be appropriated for fiscal years #bjai1 #bjbj1 and #bjba a total of #baa1jjj1jjj to carry out this subsection4 7c7 ,increase in ,,ice personnel ,the ,secretary of ,homeland ,security shall increase the total number of ,united ,states ,immigration and ,customs ,enforcement personnel by #gej4 ,there are authorized to be appropriated for fiscal years #bjai1 #bjbj1 and #bjba a total of #ega1jjj1jjj to carry out this subsection4 7d7 ,increase in immigration detention capacity ,the ,secretary of ,homeland ,security shall increase the immigration detention capacity to a daily immigration detention capacity of not less than #eb1jjj detention beds4 ,there are authorized to be appropriated for fiscal years #bjai1 #bjbj1 and #bjba a total of #d1bjj1jjj1jjj to carry out the preceding sentence and for additional detention personnel1 transportation of detained aliens1 and detention alternatives4 7e7 ,general provisions 7#a7 ,in general ,positions authorized before the date of the enactment of this ,act1 and any existing officer vacancies within the ,department of ,homeland ,security on such date1 shall not count towards the increases mandated by this section4 7#b7 ,other authorized expenditures ,the ,secretary is authorized to procure space1 temporary facilities1 and to hire the required administrative and legal support staff1 on an expedited basis1 to accommodate the additional positions authorized under this section4 7#c7 ,subject to appropriations ,this section is subject to the availability of appropriations4 #cajd4 ,definitions ,in this title3 7#a7 ,asylum applicant ,the term ,asylum ,applicant means an alien who 7a7 has no permanent immigration status2 7b7 is detained by the ,united ,states ,government at or near a port of entry or within #ajj miles of the border of the ,united ,states while having custody of and being in the presence of a child for whom the alien is a parent or legal guardian2 and 7c7 seeks1 within #dh hours of detention1 asylum pursuant to section #bjh of the ,immigration and ,nationality ,act1 withholding of removal pursuant to section #bda7;b77#c7 of the ,immigration and ,nationality ,act1 or withholding of removal pursuant to the ,convention ,against ,torture4 7#b7 ,asylum application ,the term asylum application means an application for asylum pursuant to section #bjh of the ,immigration and ,nationality ,act1 an application for withholding of removal under section #bda7;b77#c7 of the ,immigration and ,nationality ,act1 and_/or an application for withholding of removal pursuant to the ,convention ,against ,torture4 7#c7 ,child ,the term child means an individual who-- 7,a7 has not reached the age of #ah2 7,b7 has no permanent immigration status2 and 7,c7 was in the custody and presence of a parent or legal guardian when the parent or legal guardian was detained for illegally entering into the ,united ,states at or near a port of entry or within #ajj miles of the border of the ,united ,states4 7#d7 ,designated agency ,the term designated agency means-- 7,a7 the ,department of ,homeland ,security2 7,b7 the ,department of ,justice2 and 7,c7 the ,department of ,health and ,human ,services4 7#e7 ,secretary ,unless otherwise specified1 the term ,secretary means the ,secretary of ,homeland ,security4