§ 1367. Penalties for disclosure of information

Footnotes

1. 1 So in original. Probably should be followed by “or”.
2. 2 So in original. Probably should be followed by a closing parenthesis.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1996

   Pub. L. 104–208 div. C title III · 110 Stat. 3009

   Enacted · 8 U.S.C. § 1367

   Pub. L. 104–208, div. C, title III, §§ 308(g)(8)(D), 384, Sept. 30, 1996, 110 Stat. 3009–624, 3009–652

   Source evidence

   Code source credit
   Pub. L. 104–208, div. C, title III, §§ 308(g)(8)(D), 384, Sept. 30, 1996, 110 Stat. 3009–624, 3009–652

   Enacted provision · exact public law
   TITLE III— INSPECTION, APPREHENSION, DETENTION, ADJUDICATION, AND REMOVAL OF INADMISSIBLE AND DEPORTABLE ALIENS Subtitle A— Revision of Procedures for Removal of Aliens SEC. 301. TREATING PERSONS PRESENT IN THE UNITED STATES WITHOUT AUTHORIZATION AS NOT ADMITTED. (a) “Admission” Defined.— Paragraph (13) of section 101(a) (8 U.S.C. 1101(a)) is amended to read as follows: “(13) (A) The terms ‘admission’ and ‘admitted’ mean, with respect to an alien, the lawful entry of the alien into the United States after inspection and authorization by an immigration officer. “(B) An alien who is paroled under section 212(d)(5) or permitted to land temporarily as an alien crewman shall not be considered to have been admitted. “(C) An alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission into the United States for purposes of the immigration laws unless the alien— “(i) has abandoned or relinquished that status, “(ii) has been absent from the United States for a continuous period in excess of 180 days, “(iii) has engaged in illegal activity after having departed the United States, “(iv) has departed from the United States while under legal process seeking removal of the alien from the United States, including removal proceedings under this Act and extradition proceedings, “(v) has committed an offense identified in section 212(a)(2), unless since such offense the alien has been granted relief under section 212(h) or 240A(a), or “(vi) is attempting to enter at a time or place other than as designated by immigration officers or has not been admitted to the United States after inspection and authorization by an immigration officer.”. (b) Inadmissibility of Aliens Previously Removed and Unlawfully Present.— (1) In general.— Section 212(a) (8 U.S.C. 1182(a)) is amended by redesignating paragraph (9) as paragraph (10) and by inserting after paragraph (8) the following new paragraph: “(9) Aliens previously removed.— “(A) Certain aliens previously removed.— “(i) Arriving aliens.— Any alien who has been ordered removed under section 235(b)(1) or at the end of proceedings under section 240 initiated upon the alien’s arrival in the United States and who again seeks admission within 5 years of the date of such removal (or within 20 years in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) is inadmissible. “(ii) Other aliens.— Any alien not described in clause (i) who— “(I) has been ordered removed under section 240 or any other provision of law, or “(II) departed the United States while an order of removal was outstanding, and who seeks admission within 10 years of the date of such alien’s departure or removal (or within 20 years of such date in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) is inadmissible. “(iii) Exception.— Clauses (i) and (ii) shall not apply to an alien seeking admission within a period if, prior to the date of the alien’s reembarkation at a place outside the United States or attempt to be admitted from foreign contiguous territory, the Attorney General has consented to the alien’s reapplying for admission. “(B) Aliens unlawfully present.— “(i) In general.— Any alien (other than an alien lawfully admitted for permanent residence) who— “(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235(b)(1) or section 240, and again seeks admission within 3 years of the date of such alien’s departure or removal, or “(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien’s departure or removal from the United States, is inadmissible. “(ii) Construction of unlawful presence.— For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled. “(iii) Exceptions.— “(I) Minors.— No period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence in the United States under clause (i). “(II) Asylees.— No period of time in which an alien has a bona fide application for asylum pending under section 208 shall be taken into account in determining the period of unlawful presence in the United States under clause (i) unless the alien during such period was employed without authorization in the United States. “(III) Family unity.— No period of time in which the alien is a beneficiary of family unity protection pursuant to section 301 of the Immigration Act of 1990 shall be taken into account in determining the period of unlawful presence in the United States under clause (i). “(IV) Battered women and children.— Clause (i) shall not apply to an alien who would be described in paragraph (6)(A)(ii) if ‘violation of the terms of the alien’s nonimmigrant visa’ were substituted for ‘unlawful entry into the United States’ in subclause (III) of that paragraph. “(iv) Tolling for good cause.— In the case of an alien who— “(I) has been lawfully admitted or paroled into the United States, “(II) has filed a nonfrivolous application for a change or extension of status before the date of expiration of the period of stay authorized by the Attorney General, and “(III) has not been employed without authorization in the United States before or during the pendency of such application, the calculation of the period of time specified in clause (i)(I) shall be tolled during the pendency of such application, but not to exceed 120 days. “(v) Waiver.— The Attorney General has sole discretion to waive clause (i) in the case of an immigrant who is the spouse or son or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, if it is established to the satisfaction of the Attorney General that the refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such alien. No court shall have jurisdiction to review a decision or action by the Attorney General regarding a waiver under this clause. “(C) Aliens unlawfully present after previous immigration violations.— “(i) In general.— Any alien who— “(I) has been unlawfully present in the United States for an aggregate period of more than 1 year, or “(II) has been ordered removed under section 235(b)(1), section 240, or any other provision of law, and who enters or attempts to reenter the United States without being admitted is inadmissible. “(ii) Exception.— Clause (i) shall not apply to an alien seeking admission more than 10 years after the date of the alien’s last departure from the United States if, prior to the alien’s reembarkation at a place outside the United States or attempt to be readmitted from a foreign contiguous territory, the Attorney General has consented to the alien’s reapplying for admission.”. (2) Limitation on change of status.— Section 248 (8 U.S.C. 1258) is amended by inserting “and who is not inadmissible under section 212(a)(9)(B)(i) (or whose inadmissibility under such section is waived under section 212(a)(9)(B)(v))” after “maintain that status”. (3) Treatment of unlawful presence before effective date.— In applying section 212(a)(9)(B) of the Immigration and Nationality Act, as inserted by paragraph (1), no period before the title III–A effective date shall be included in a period of unlawful presence in the United States. (c) Revision to Ground of Inadmissibility for Illegal Entrants and Immigration Violators.— (1) In general.— Subparagraphs (A) and (B) of section 212(a)(6) (8 U.S.C. 1182(a)(6)) are amended to read as follows: “(A) Aliens present without admission or parole.— “(i) In general.— An alien present in the United States without being admitted or paroled, or who arrives in the United States at any time or place other than as designated by the Attorney General, is inadmissible. “(ii) Exception for certain battered women and children.— Clause (i) shall not apply to an alien who demonstrates that— “(I) the alien qualifies for immigrant status under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1), “(II) (a) the alien has been battered or subjected to extreme cruelty by a spouse or parent, or by a member of the spouse’s or parent’s family residing in the same household as the alien and the spouse or parent consented or acquiesced to such battery or cruelty, or (b) the alien’s child has been battered or subjected to extreme cruelty by a spouse or parent of the alien (without the active participation of the alien in the battery or cruelty) or by a member of the spouse’s or parent’s family residing in the same household as the alien when the spouse or parent consented to or acquiesced in such battery or cruelty and the alien did not actively participate in such battery or cruelty, and “(III) there was a substantial connection between the battery or cruelty described in subclause (I) or (II) and the alien’s unlawful entry into the United States. “(B) Failure to attend removal proceeding.— Any alien who without reasonable cause fails or refuses to attend or remain in attendance at a proceeding to determine the alien’s inadmissibility or deportability and who seeks admission to the United States within 5 years of such alien’s subsequent departure or removal is inadmissible. (2) 8 USC 1182 note. Transition for battered spouse or child provision.— The requirements of subclauses (II) and (III) of section 212(a)(6)(A)(ii) of the Immigration and Nationality Act, as inserted by paragraph (1), shall not apply to an alien who demonstrates that the alien first arrived in the United States before the title III–A effective date (described in section 309(a) of this division). (d) Adjustment in Grounds for Deportation.— Section 241 (8 U.S.C. 1251), before redesignation as section 237 by section 305(a)(2) of this division, is amended— (1) in the matter before paragraph (1) of subsection (a), by striking “in the United States” and inserting “in and admitted to the United States”; (2) in subsection (a)(1), by striking “Excludable” each place it appears and inserting “Inadmissible”; (3) in subsection (a)(1)(A), by striking “excludable” and inserting “inadmissible”; and (4) by amending subparagraph (B) of subsection (a)(1) to read as follows: “(B) Present in violation of law.— Any alien who is present in the United States in violation of this Act or any other law of the United States is deportable. SEC. 302. INSPECTION OF ALIENS; EXPEDITED REMOVAL OF INADMISSIBLE ARRIVING ALIENS; REFERRAL FOR HEARING (REVISED SECTION 235). (a) In General.— Section 235 (8 U.S.C. 1225) is amended to read as follows: “Sec. 235. “inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing (a) Inspection.— “(1) Aliens treated as applicants for admission.— An alien present in the United States who has not been admitted or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters) shall be deemed for purposes of this Act an applicant for admission. “(2) Stowaways.— An arriving alien who is a stowaway is not eligible to apply for admission or to be admitted and shall be ordered removed upon inspection by an immigration officer. Upon such inspection if the alien indicates an intention to apply for asylum under section 208 or a fear of persecution, the officer shall refer the alien for an interview under subsection (b)(1)(B). A stowaway may apply for asylum only if the stowaway is found to have a credible fear of persecution under subsection (b)(1)(B). In no case may a stowaway be considered an applicant for admission or eligible for a hearing under section 240. “(3) Inspection.— All aliens (including alien crewmen) who are applicants for admission or otherwise seeking admission or readmission to or transit through the United States shall be inspected by immigration officers. “(4) Withdrawal of application for admission.— An alien applying for admission may, in the discretion of the Attorney General and at any time, be permitted to withdraw the application for admission and depart immediately from the United States. “(5) Statements.— An applicant for admission may be required to state under oath any information sought by an immigration officer regarding the purposes and intentions of the applicant in seeking admission to the United States, including the applicant’s intended length of stay and whether the applicant intends to remain permanently or become a United States citizen, and whether the applicant is inadmissible. “(b) Inspection of Applicants for Admission.— “(1) Inspection of aliens arriving in the united states and certain other aliens who have not been admitted or paroled.— “(A) Screening.— “(i) In general.— If an immigration officer determines that an alien (other than an alien described in subparagraph (F)) who is arriving in the United States or is described in clause (iii) is inadmissible under section 212(a)(6)(C) or 212(a)(7), the officer shall order the alien removed from the United States without further hearing or review unless the alien indicates either an intention to apply for asylum under section 208 or a fear of persecution. “(ii) Claims for asylum.— If an immigration officer determines that an alien (other than an alien described in subparagraph (F)) who is arriving in the United States or is described in clause (iii) is inadmissible under section 212(a)(6)(C) or 212(a)(7) and the alien indicates either an intention to apply for asylum under section 208 or a fear of persecution, the officer shall refer the alien for an interview by an asylum officer under subparagraph (B). “(iii) Application to certain other aliens.— “(I) In general.— The Attorney General may apply clauses (i) and (ii) of this subparagraph to any or all aliens described in subclause (II) as designated by the Attorney General. Such designation shall be in the sole and unreviewable discretion of the Attorney General and may be modified at any time. “(II) Aliens described.— An alien described in this clause is an alien who is not described in subparagraph (F), who has not been admitted or paroled into the United States, and who has not affirmatively shown, to the satisfaction of an immigration officer, that the alien has been physically present in the United States continuously for the 2-year period immediately prior to the date of the determination of inadmissibility under this subparagraph. “(B) Asylum interviews.— “(i) Conduct by asylum officers.— An asylum officer shall conduct interviews of aliens referred under subparagraph (A)(ii), either at a port of entry or at such other place designated by the Attorney General. “(ii) Referral of certain aliens.— If the officer determines at the time of the interview that an alien has a credible fear of persecution (within the meaning of clause (v)), the alien shall be detained for further consideration of the application for asylum. “(iii) Removal without further review if no credible fear of persecution.— “(I) In general.— Subject to subclause (III), if the officer determines that an alien does not have a credible fear of persecution, the officer shall order the alien removed from the United States without further hearing or review. “(II) Record of determination.— The officer shall prepare a written record of a determination under subclause (I). Such record shall include a summary of the material facts as stated by the applicant, such additional facts (if any) relied upon by the officer, and the officer’s analysis of why, in the light of such facts, the alien has not established a credible fear of persecution. A copy of the officer’s interview notes shall be attached to the written summary. “(III) Review of determination.— The Attorney General shall provide by regulation and upon the alien’s request for prompt review by an immigration judge of a determination under subclause (I) that the alien does not have a credible fear of persecution. Such review shall include an opportunity for the alien to be heard and questioned by the immigration judge, either in person or by telephonic or video connection. Review shall be concluded as expeditiously as possible, to the maximum extent practicable within 24 hours, but in no case later than 7 days after the date of the determination under subclause (I). “(IV) Mandatory detention.— Any alien subject to the procedures under this clause shall be detained pending a final determination of credible fear of persecution and, if found not to have such a fear, until removed. “(iv) Information about interviews.— The Attorney General shall provide information concerning the asylum interview described in this subparagraph to aliens who may be eligible. An alien who is eligible for such interview may consult with a person or persons of the alien’s choosing prior to the interview or any review thereof, according to regulations prescribed by the Attorney General. Such consultation shall be at no expense to the Government and shall not unreasonably delay the process. “(v) Credible fear of persecution defined.— For purposes of this subparagraph, the term ‘credible fear of persecution’ means that there is a significant possibility, taking into account the credibility of the statements made by the alien in support of the alien’s claim and such other facts as are known to the officer, that the alien could establish eligibility for asylum under section 208. “(C) Limitation on administrative review.— Except as provided in subparagraph (B)(iii)(III), a removal order entered in accordance with subparagraph (A)(i) or (B)(iii)(I) is not subject to administrative appeal, except that the Attorney General shall provide by regulation for prompt review of such an order under subparagraph (A)(i) against an alien who claims under oath, or as permitted under penalty of perjury under section 1746 of title 28, United States Code, after having been warned of the penalties for falsely making such claim under such conditions, to have been lawfully admitted for permanent residence, to have been admitted as a refugee under section 207, or to have been granted asylum under section 208. “(D) Limit on collateral attacks.— In any action brought against an alien under section 275(a) or section 276, the court shall not have jurisdiction to hear any claim attacking the validity of an order of removal entered under subparagraph (A)(i) or (B)(iii). “(E) Asylum officer defined.— As used in this paragraph, the term ‘asylum officer’ means an immigration officer who— “(i) has had professional training in country conditions, asylum law, and interview techniques comparable to that provided to full-time adjudicators of applications under section 208, and “(ii) is supervised by an officer who meets the condition described in clause (i) and has had substantial experience adjudicating asylum applications. “(F) Exception.— Subparagraph (A) shall not apply to an alien who is a native or citizen of a country in the Western Hemisphere with whose government the United States does not have full diplomatic relations and who arrives by aircraft at a port of entry. “(2) Inspection of other aliens.— “(A) In general.— Subject to subparagraphs (B) and (C), in the case of an alien who is an applicant for admission, if the examining immigration officer determines that an alien seeking admission is not clearly and beyond a doubt entitled to be admitted, the alien shall be detained for a proceeding under section 240. “(B) Exception.— Subparagraph (A) shall not apply to an alien— “(i) who is a crewman, “(ii) to whom paragraph (1) applies, or “(iii) who is a stowaway. “(C) Treatment of aliens arriving from contiguous territory.— In the case of an alien described in subparagraph (A) who is arriving on land (whether or not at a designated port of arrival) from a foreign territory contiguous to the United States, the Attorney General may return the alien to that territory pending a proceeding under section 240. “(3) Challenge of decision.— The decision of the examining immigration officer, if favorable to the admission of any alien, shall be subject to challenge by any other immigration officer and such challenge shall operate to take the alien whose privilege to be admitted is so challenged, before an immigration judge for a proceeding under section 240. “(c) Removal of Aliens Inadmissible on Security and Related Grounds.— “(1) Removal without further hearing.— If an immigration officer or an immigration judge suspects that an arriving alien may be inadmissible under subparagraph (A) (other than clause (ii)), (B), or (C) of section 212(a)(3), the officer or judge shall— “(A) order the alien removed, subject to review under paragraph (2); “(B) report the order of removal to the Attorney General; and “(C) not conduct any further inquiry or hearing until ordered by the Attorney General. “(2) Review of order.— (A) The Attorney General shall review orders issued under paragraph (1). “(B) If the Attorney General— “(i) is satisfied on the basis of confidential information that the alien is inadmissible under subparagraph (A) (other than clause (ii)), (B), or (C) of section 212(a)(3), and “(ii) after consulting with appropriate security agencies of the United States Government, concludes that disclosure of the information would be prejudicial to the public interest, safety, or security, the Attorney General may order the alien removed without further inquiry or hearing by an immigration judge. “(C) If the Attorney General does not order the removal of the alien under subparagraph (B), the Attorney General shall specify the further inquiry or hearing that shall be conducted in the case. “(3) Submission of statement and information.—The alien or the alien’s representative may submit a written statement and additional information for consideration by the Attorney General. “(d) Authority Relating to Inspections.— “(1) Authority to search conveyances.— Immigration officers are authorized to board and search any vessel, aircraft, railway car, or other conveyance or vehicle in which they believe aliens are being brought into the United States. “(2) Authority to order detention and delivery of arriving aliens.— Immigration officers are authorized to order an owner, agent, master, commanding officer, person in charge, purser, or consignee of a vessel or aircraft bringing an alien (except an alien crewmember) to the United States— “(A) to detain the alien on the vessel or at the airport of arrival, and “(B) to deliver the alien to an immigration officer for inspection or to a medical officer for examination. “(3) Administration of oath and consideration of evidence.— The Attorney General and any immigration officer shall have power to administer oaths and to take and consider evidence of or from any person touching the privilege of any alien or person he believes or suspects to be an alien to enter, reenter, transit through, or reside in the United States or concerning any matter which is material and relevant to the enforcement of this Act and the administration of the Service. “(4) Subpoena authority.— (A) The Attorney General and any immigration officer shall have power to require by subpoena the attendance and testimony of witnesses before immigration officers and the production of books, papers, and documents relating to the privilege of any person to enter, reenter, reside in, or pass through the United States or concerning any matter which is material and relevant to the enforcement of this Act and the administration of the Service, and to that end may invoke the aid of any court of the United States. “(B) Any United States district court within the jurisdiction of which investigations or inquiries are being conducted by an immigration officer may, in the event of neglect or refusal to respond to a subpoena issued under this paragraph or refusal to testify before an immigration officer, issue an order requiring such persons to appear before an immigration officer, produce books, papers, and documents if demanded, and testify, and any failure to obey such order of the court may be punished by the court as a contempt thereof.”. (b) GAO Study on Operation of Expedited Removal Procedures.— (1) Study.— The Comptroller General shall conduct a study on the implementation of the expedited removal procedures under section 235(b)(1) of the Immigration and Nationality Act, as amended by subsection (a). The study shall examine— (A) the effectiveness of such procedures in deterring illegal entry, (B) the detention and adjudication resources saved as a result of the procedures, (C) the administrative and other costs expended to comply with the provision, (D) the effectiveness of such procedures in processing asylum claims by undocumented aliens who assert a fear of persecution, including the accuracy of credible fear determinations, and (E) the cooperation of other countries and air carriers in accepting and returning aliens removed under such procedures. (2) Report.— By not later than 18 months after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on the Judiciary of the House of Representatives and the Senate a report on the study conducted under paragraph (1). SEC. 303. APPREHENSION AND DETENTION OF ALIENS (REVISED SECTION 236). (a) In General.— Section 236 (8 U.S.C. 1226) is amended to read as follows: “Sec. 236. “apprehension and detention of aliens (a) Arrest, Detention, and Release.— On a warrant issued by the Attorney General, an alien may be arrested and detained pending a decision on whether the alien is to be removed from the United States. Except as provided in subsection (c) and pending such decision, the Attorney General— “(1) may continue to detain the arrested alien; and “(2) may release the alien on— “(A) bond of at least $1,500 with security approved by, and containing conditions prescribed by, the Attorney General; or “(B) conditional parole; but “(3) may not provide the alien with work authorization (including an ‘employment authorized’ endorsement or other appropriate work permit), unless the alien is lawfully admitted for permanent residence or otherwise would (without regard to removal proceedings) be provided such authorization. “(b) Revocation of Bond or Parole.— The Attorney General at any time may revoke a bond or parole authorized under subsection (a), rearrest the alien under the original warrant, and detain the alien. “(c) Detention of Criminal Aliens.— “(1) Custody.— The Attorney General shall take into custody any alien who— “(A) is inadmissible by reason of having committed any offense covered in section 212(a)(2), “(B) is deportable by reason of having committed any offense covered in section 237(a)(2)(A)(ii), (A)(iii), (B), (C), or (D), “(C) is deportable under section 237(a)(2)(A)(i) on the basis of an offense for which the alien has been sentence to a term of imprisonment of at least 1 year, or “(D) is inadmissible under section 212(a)(3)(B) or deportable under section 237(a)(4)(B), when the alien is released, without regard to whether the alien is released on parole, supervised release, or probation, and without regard to whether the alien may be arrested or imprisoned again for the same offense. “(2) Release.— The Attorney General may release an alien described in paragraph (1) only if the Attorney General decides pursuant to section 3521 of title 18, United States Code, that release of the alien from custody is necessary to provide protection to a witness, a potential witness, a person cooperating with an investigation into major criminal activity, or an immediate family member or close associate of a witness, potential witness, or person cooperating with such an investigation, and the alien satisfies the Attorney General that the alien will not pose a danger to the safety of other persons or of property and is likely to appear for any scheduled proceeding. A decision relating to such release shall take place in accordance with a procedure that considers the severity of the offense committed by the alien. “(d) Identification of Criminal Aliens.— (1) The Attorney General shall devise and implement a system— “(A) to make available, daily (on a 24-hour basis), to Federal, State, and local authorities the investigative resources of the Service to determine whether individuals arrested by such authorities for aggravated felonies are aliens; “(B) to designate and train officers and employees of the Service to serve as a liaison to Federal, State, and local law enforcement and correctional agencies and courts with respect to the arrest, conviction, and release of any alien charged with an aggravated felony; and “(C) which uses computer resources to maintain a current record of aliens who have been convicted of an aggravated felony, and indicates those who have been removed. “(2) The record under paragraph (1)(C) shall be made available— “(A) to inspectors at ports of entry and to border patrol agents at sector headquarters for purposes of immediate identification of any alien who was previously ordered removed and is seeking to reenter the United States, and “(B) to officials of the Department of State for use in its automated visa lookout system. “(3) Upon the request of the governor or chief executive officer of any State, the Service shall provide assistance to State courts in the identification of aliens unlawfully present in the United States pending criminal prosecution. “(e) Judicial Review.— The Attorney General’s discretionary judgment regarding the application of this section shall not be subject to review. No court may set aside any action or decision by the Attorney General under this section regarding the detention or release of any alien or the grant, revocation, or denial of bond or parole.”. (b) Effective Date.— (1) In general.— The amendment made by subsection (a) shall become effective on the title III–A effective date. (2) Notification regarding custody.— If the Attorney General, not later than 10 days after the date of the enactment of this Act, notifies in writing the Committees on the Judiciary of the House of Representatives and the Senate that there is insufficient detention space and Immigration and Naturalization Service personnel available to carry out section 236(c) of the Immigration and Nationality Act, as amended by subsection (a), or the amendments made by section 440(c) of Public Law 104–132, the provisions in paragraph (3) shall be in effect for a 1-year period beginning on the date of such notification, instead of such section or such amendments. The Attorney General may extend such 1-year period for an additional year if the Attorney General provides the same notice not later than 10 days before the end of the first 1-year period. After the end of such 1-year or 2-year periods, the provisions of such section 236(c) shall apply to individuals released after such periods. (3) Transition period custody rules.— (A) In general.— During the period in which this paragraph is in effect pursuant to paragraph (2), the Attorney General shall take into custody any alien who— (i) has been convicted of an aggravated felony (as defined under section 101(a)(43) of the Immigration and Nationality Act, as amended by section 321 of this division), (ii) is inadmissible by reason of having committed any offense covered in section 212(a)(2) of such Act, (iii) is deportable by reason of having committed any offense covered in section 241(a)(2)(A)(ii), (A)(iii), (B), (C), or (D) of such Act (before redesignation under this subtitle), or (iv) is inadmissible under section 212(a)(3)(B) of such Act or deportable under section 241(a)(4)(B) of such Act (before redesignation under this subtitle), when the alien is released, without regard to whether the alien is released on parole, supervised release, or probation, and without regard to whether the alien may be arrested or imprisoned again for the same offense. (B) Release.— The Attorney General may release the alien only if the alien is an alien described in subparagraph (A)(ii) or (A)(iii) and— (i) the alien was lawfully admitted to the United States and satisfies the Attorney General that the alien will not pose a danger to the safety of other persons or of property and is likely to appear for any scheduled proceeding, or (ii) the alien was not lawfully admitted to the United States, cannot be removed because the designated country of removal will not accept the alien, and satisfies the Attorney General that the alien will not pose a danger to the safety of other persons or of property and is likely to appear for any scheduled proceeding. SEC. 304. REMOVAL PROCEEDINGS; CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS; VOLUNTARY DEPARTURE (REVISED AND NEW SECTIONS 239 TO 2400. (a) In General.— Chapter 4 of title II is amended— (1) 8 USC 1224. by redesignating section 239 (8 U.S.C. 1229) as section 234 and by moving such section to immediately follow section 233; (2) by redesignating section 240 (8 U.S.C. 1230) as section 240C; and (3) by inserting after section 238 the following new sections: “Sec. 239. “initiation of removal proceedings (a) Notice to Appear.— “(1) In general.— In removal proceedings under section 240, written notice (in this section referred to as a ‘notice to appear’) shall be given in person to the alien (or, if personal service is not practicable, through service by mail to the alien or to the alien’s counsel of record, if any) specifying the following: “(A) The nature of the proceedings against the alien. “(B) The legal authority under which the proceedings are conducted. “(C) The acts or conduct alleged to be in violation of law. “(D) The charges against the alien and the statutory provisions alleged to have been violated. “(E) The alien may be represented by counsel and the alien will be provided (i) a period of time to secure counsel under subsection (b)(1) and (ii) a current list of counsel prepared under subsection (b)(2). “(F) (i) The requirement that the alien must immediately provide (or have provided) the Attorney General with a written record of an address and telephone number (if any) at which the alien may be contacted respecting proceedings under section 240. “(ii) The requirement that the alien must provide the Attorney General immediately with a written record of any change of the alien’s address or telephone number. “(iii) The consequences under section 240(b)(5) of failure to provide address and telephone information pursuant to this subparagraph. “(G) (i) The time and place at which the proceedings will be held. “(ii) The consequences under section 240(b)(5) of the failure, except under exceptional circumstances, to appear at such proceedings. “(2) Notice of change in time or place of proceedings.— “(A) In general.— In removal proceedings under section 240, in the case of any change or postponement in the time and place of such proceedings, subject to subparagraph (B) a written notice shall be given in person to the alien (or, if personal service is not practicable, through service by mail to the alien or to the alien’s counsel of record, if any) specifying— “(i) the new time or place of the proceedings, and “(ii) the consequences under section 240(b)(5) of failing, except under exceptional circumstances, to attend such proceedings. “(B) Exception.— In the case of an alien not in detention, a written notice shall not be required under this paragraph if the alien has failed to provide the address required under paragraph (1)(F). “(3) Central address files.— The Attorney General shall create a system to record and preserve on a timely basis notices of addresses and telephone numbers (and changes) provided under paragraph (1)(F). “(b) Securing of Counsel.— “(1) In general.— In order that an alien be permitted the opportunity to secure counsel before the first hearing date in proceedings under section 240, the hearing date shall not be scheduled earlier than 10 days after the service of the notice to appear, unless the alien requests in writing an earlier hearing date. “(2) Current lists of counsel.— The Attorney General shall provide for lists (updated not less often than quarterly) of persons who have indicated their availability to represent pro bono aliens in proceedings under section 240. Such lists shall be provided under subsection (a)(1)(E) and otherwise made generally available. “(3) Rule of construction.— Nothing in this subsection may be construed to prevent the Attorney General from proceeding against an alien pursuant to section 240 if the time period described in paragraph (1) has elapsed and the alien has failed to secure counsel. “(c) Service by Mail.— Service by mail under this section shall be sufficient if there is proof of attempted delivery to the last address provided by the alien in accordance with subsection (a)(1)(F). “(d) Prompt Initiation of Removal.— (1) In the case of an alien who is convicted of an offense which makes the alien deportable, the Attorney General shall begin any removal proceeding as expeditiously as possible after the date of the conviction. “(2) Nothing in this subsection shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person. “Sec. 240. “removal proceedings (a) Proceeding.— “(1) In general.— An immigration judge shall conduct proceedings for deciding the inadmissibility or deportability of an alien. “(2) Charges.— An alien placed in proceedings under this section may be charged with any applicable ground of inadmissibility under section 212(a) or any applicable ground of deportability under section 237(a). “(3) Exclusive procedures.— Unless otherwise specified in this Act, a proceeding under this section shall be the sole and exclusive procedure for determining whether an alien may be admitted to the United States or, if the alien has been so admitted, removed from the United States. Nothing in this section shall affect proceedings conducted pursuant to section 238. “(b) Conduct of Proceeding.— “(1) Authority of immigration judge.— The immigration judge shall administer oaths, receive evidence, and interrogate, examine, and cross-examine the alien and any witnesses. The immigration judge may issue subpoenas for the attendance of witnesses and presentation of evidence. The immigration judge shall have authority (under regulations prescribed by the Attorney General) to sanction by civil money penalty any action (or inaction) in contempt of the judge’s proper exercise of authority under this Act. “(2) Form of proceeding.— “(A) In general.— The proceeding may take place— “(i) in person, “(ii) where agreed to by the parties, in the absence of the alien, “(iii) through video conference, or “(iv) subject to subparagraph (B), through telephone conference. “(B) Consent required in certain cases.— An evidentiary hearing on the merits may only be conducted through a telephone conference with the consent of the alien involved after the alien has been advised of the right to proceed in person or through video conference. “(3) Presence of alien.— If it is impracticable by reason of an alien’s mental incompetency for the alien to be present at the proceeding, the Attorney General shall prescribe safeguards to protect the rights and privileges of the alien. “(4) Aliens rights in proceeding.— In proceedings under this section, under regulations of the Attorney General— “(A) the alien shall have the privilege of being represented, at no expense to the Government, by counsel of the alien’s choosing who is authorized to practice in such proceedings, “(B) the alien shall have a reasonable opportunity to examine the evidence against the alien, to present evidence on the alien’s own behalf, and to cross-examine witnesses presented by the Government but these rights shall not entitle the alien to examine such national security information as the Government may proffer in opposition to the alien’s admission to the United States or to an application by the alien for discretionary relief under this Act, and “(C) a complete record shall be kept of all testimony and evidence produced at the proceeding. “(5) Consequences of failure to appear.— “(A) In general.— Any alien who, after written notice required under paragraph (1) or (2) of section 239(a) has been provided to the alien or the alien’s counsel of record, does not attend a proceeding under this section, shall be ordered removed in absentia if the Service establishes by clear, unequivocal, and convincing evidence that the written notice was so provided and that the alien is removable (as defined in subsection (e)(2)). The written notice by the Attorney General shall be considered sufficient for purposes of this subparagraph if provided at the most recent address provided under section 239(a)(1)(F). “(B) No notice if failure to provide address information.— No written notice shall be required under subparagraph (A) if the alien has failed to provide the address required under section 239(a)(1)(F). “(C) Rescission of order.— Such an order may be rescinded only— “(i) upon a motion to reopen filed within 180 days after the date of the order of removal if the alien demonstrates that the failure to appear was because of exceptional circumstances (as defined in subsection (e)(1)), or “(ii) upon a motion to reopen filed at any time if the alien demonstrates that the alien did not receive notice in accordance with paragraph (1) or (2) of section 239(a) or the alien demonstrates that the alien was in Federal or State custody and the failure to appear was through no fault of the alien. The filing of the motion to reopen described in clause (i) or (ii) shall stay the removal of the alien pending disposition of the motion by the immigration judge. “(D) Effect on judicial review.— Any petition for review under section 242 of an order entered in absentia under this paragraph shall (except in cases described in section 242(b)(5)) be confined to (i) the validity of the notice provided to the alien, (ii) the reasons for the alien’s not attending the proceeding, and (iii) whether or not the alien is removable. “(E) Additional application to certain aliens in contiguous territory.— The preceding provisions of this paragraph shall apply to all aliens placed in proceedings under this section, including any alien who remains in a contiguous foreign territory pursuant to section 235(b)(2)(C). “(6) Treatment of frivolous behavior.— The Attorney General shall, by regulation— “(A) define in a proceeding before an immigration judge or before an appellate administrative body under this title, frivolous behavior for which attorneys may be sanctioned, “(B) specify the circumstances under which an administrative appeal of a decision or ruling will be considered frivolous and will be summarily dismissed, and “(C) impose appropriate sanctions (which may include suspension and disbarment) in the case of frivolous behavior. Nothing in this paragraph shall be construed as limiting the authority of the Attorney General to take actions with respect to inappropriate behavior. “(7) Limitation on discretionary relief for failure to appear.— Any alien against whom a final order of removal is entered in absentia under this subsection and who, at the time of the notice described in paragraph (1) or (2) of section 239(a), was provided oral notice, either in the alien’s native language or in another language the alien understands, of the time and place of the proceedings and of the consequences under this paragraph of failing, other than because of exceptional circumstances (as defined in subsection (e)(1)) to attend a proceeding under this section, shall not be eligible for relief under section 240A, 240B, 245, 248, or 249 for a period of 10 years after the date of the entry of the final order of removal. “(c) Decision and Burden of Proof.— “(1) Decision.— “(A) In general.— At the conclusion of the proceeding the immigration judge shall decide whether an alien is removable from the United States. The determination of the immigration judge shall be based only on the evidence produced at the hearing. “(B) Certain medical decisions.— If a medical officer or civil surgeon or board of medical officers has certified under section 232(b) that an alien has a disease, illness, or addiction which would make the alien inadmissible under paragraph (1) of section 212(a), the decision of the immigration judge shall be based solely upon such certification. “(2) Burden on alien.— In the proceeding the alien has the burden of establishing— “(A) if the alien is an applicant for admission, that the alien is clearly and beyond doubt entitled to be admitted and is not inadmissible under section 212; or “(B) by clear and convincing evidence, that the alien is lawfully present in the United States pursuant to a prior admission. In meeting the burden of proof under subparagraph (B), the alien shall have access to the alien’s visa or other entry document, if any, and any other records and documents, not considered by the Attorney General to be confidential, pertaining to the alien’s admission or presence in the United States. “(3) Burden on service in cases of deportable aliens.— “(A) In general.— In the proceeding the Service has the burden of establishing by clear and convincing evidence that, in the case of an alien who has been admitted to the United States, the alien is deportable. No decision on deportability shall be valid unless it is based upon reasonable, substantial, and probative evidence. “(B) Proof of convictions.— In any proceeding under this Act, any of the following documents or records (or a certified copy of such an official document or record) shall constitute proof of a criminal conviction: “(i) An official record of judgment and conviction. “(ii) An official record of plea, verdict, and sentence. “(iii) A docket entry from court records that indicates the existence of the conviction. “(iv) Official minutes of a court proceeding or a transcript of a court hearing in which the court takes notice of the existence of the conviction. “(v) An abstract of a record of conviction prepared by the court in which the conviction was entered, or by a State official associated with the State’s repository of criminal justice records, that indicates the charge or section of law violated, the disposition of the case, the existence and date of conviction, and the sentence. “(vi) Any document or record prepared by, or under the direction of, the court in which the conviction was entered that indicates the existence of a conviction. “(vii) Any document or record attesting to the conviction that is maintained by an official of a State or Federal penal institution, which is the basis for that institution’s authority to assume custody of the individual named in the record. “(C) Electronic records.— In any proceeding under this Act, any record of conviction or abstract that has been submitted by electronic means to the Service from a State or court shall be admissible as evidence to prove a criminal conviction if it is— “(i) certified by a State official associated with the State’s repository of criminal justice records as an official record from its repository or by a court official from the court in which the conviction was entered as an official record from its repository, and “(ii) certified in writing by a Service official as having been received electronically from the State’s record repository or the court’s record repository. A certification under clause (i) may be by means of a computer-generated signature and statement of authenticity. “(4) Notice.— If the immigration judge decides that the alien is removable and orders the alien to be removed, the judge shall inform the alien of the right to appeal that decision and of the consequences for failure to depart under the order of removal, including civil and criminal penalties. “(5) Motions to reconsider.— “(A) In general.— The alien may file one motion to reconsider a decision that the alien is removable from the United States. “(B) Deadline.— The motion must be filed within 30 days of the date of entry of a final administrative order of removal. “(C) Contents.— The motion shall specify the errors of law or fact in the previous order and shall be supported by pertinent authority. “(6) Motions to reopen.— “(A) In general.— An alien may file one motion to reopen proceedings under this section. “(B) Contents.— The motion to reopen shall state the new facts that will be proven at a hearing to be held if the motion is granted, and shall be supported by affidavits or other evidentiary material. “(C) Deadline.— “(i) In general.— Except as provided in this subparagraph, the motion to reopen shall be filed within 90 days of the date of entry of a final administrative order of removal. “(ii) Asylum.— There is no time Emit on the filing of a motion to reopen if the basis of the motion is to apply for relief under sections 208 or 241(b)(3) and is based on changed country conditions arising in the country of nationality or the country to which removal has been ordered, if such evidence is material and was not available and would not have been discovered or presented at the previous proceeding. “(iii) Failure to appear.— The filing of a motion to reopen an order entered pursuant to subsection (b)(5) is subject to the deadline specified in subparagraph (C) of such subsection. “(d) Stipulated Removal.— The Attorney General shall provide by regulation for the entry by an immigration judge of an order of removal stipulated to by the alien (or the alien’s representative) and the Service. A stipulated order shall constitute a conclusive determination of the alien’s removability from the United States. “(e) Definitions.— In this section and section 240A: “(1) Exceptional circumstances.— The term ‘exceptional circumstances’ refers to exceptional circumstances (such as serious illness of the alien or serious illness or death of the spouse, child, or parent of the alien, but not including less compelling circumstances) beyond the control of the alien. “(2) Removable.— The term ‘removable’ means— “(A) in the case of an alien not admitted to the United States, that the alien is inadmissible under section 212, or “(B) in the case of an alien admitted to the United States, that the alien is deportable under section 237. “Sec. 240A. “cancellation of removal; adjustment of status (a) Cancellation of Removal for Certain Permanent Residents.— The Attorney General may cancel removal in the case of an alien who is inadmissible or deportable from the United States if the alien— “(1) has been an alien lawfully admitted for permanent residence for not less than 5 years, “(2) has resided in the United States continuously for 7 years after having been admitted in any status, and “(3) has not been convicted of any aggravated felony. “(b) Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents.— “(1) In general.— The Attorney General may cancel removal in the case of an alien who is inadmissible or deportable from the United States if the alien— “(A) has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application; “(B) has been a person of good moral character during such period; “(C) has not been convicted of an offense under section 212(a)(2), 237(a)(2), or 237(a)(3); and “(D) establishes that removal would result in exceptional and extremely unusual hardship to the alien’s spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence. “(2) Special rule for battered spouse or child.— The Attorney General may cancel removal in the case of an alien who is inadmissible or deportable from the United States if the alien demonstrates that— “(A) the alien has been battered or subjected to extreme cruelty in the United States by a spouse or parent who is a United States citizen or lawful permanent resident (or is the parent of a child of a United States citizen or lawful permanent resident and the child has been battered or subjected to extreme cruelty in the United States by such citizen or permanent resident parent); “(B) the alien has been physically present in the United States for a continuous period of not less than 3 years immediately preceding the date of such application; “(C) the alien has been a person of good moral character during such period; “(D) the alien is not inadmissible under paragraph (2) or (3) of section 212(a), is not deportable under paragraph (1)(G) or (2) through (4) of section 237(a), and has not been convicted of an aggravated felony; and “(E) the removal would result in extreme hardship to the alien, the alien’s child, or (in the case of an alien who is a child) to the alien’s parent. In acting on applications under this paragraph, the Attorney General shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney General. “(3) Adjustment of status.— The Attorney General may adjust to the status of an alien lawfully admitted for permanent residence any alien who the Attorney General determines meets the requirements of paragraph (1) or (2). The number of adjustments under this paragraph shall not exceed 4,000 for any fiscal year. The Attorney General shall record the alien’s lawful admission for permanent residence as of the date the Attorney General’s cancellation of removal under paragraph (1) or (2) or determination under this paragraph. “(c) Aliens Ineligible for Relief.— The provisions of subsections (a) and (b)( 1) shall not apply to any of the following aliens: “(1) An alien who entered the United States as a crewman subsequent to June 30, 1964. “(2) An alien who was admitted to the United States as a nonimmigrant exchange alien as defined in section 101(a)(15)(J), or has acquired the status of such a nonimmigrant exchange alien after admission, in order to receive graduate medical education or training, regardless of whether or not the alien is subject to or has fulfilled the two-year foreign residence requirement of section 212(e). “(3) An alien who— “(A) was admitted to the United States as a non-immigrant exchange alien as defined in section 101(a)(15)(J) or has acquired the status of such a non-immigrant exchange alien after admission other than to receive graduate medical education or training, “(B) is subject to the two-year foreign residence requirement of section 212(e), and “(C) has not fulfilled that requirement or received a waiver thereof. “(4) An alien who is inadmissible under section 212(a)(3) or deportable under section 237(a)(4). “(5) An alien who is described in section 241(b)(3)(B)(i). “(6) An alien whose removal has previously been cancelled under this section or whose deportation was suspended under section 244(a) or who has been granted relief under section 212(c), as such sections were in effect before the date of the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. “(d) Special Rules Relating to Continuous Residence or Physical Presence.— “(1) Termination of continuous period.— For purposes of this section, any period of continuous residence or continuous physical presence in the United States shall be deemed to end when the alien is served a notice to appear under section 239(a) or when the alien has committed an offense referred to in section 212(a)(2) that renders the alien inadmissible to the United States under section 212(a)(2) or removable from the United States under section 237(a)(2) or 237(a)(4), whichever is earliest. “(2) Treatment of certain breaks in presence.— An alien shall be considered to have failed to maintain continuous physical presence in the United States under subsections (b)(1) and (b)(2) if the alien has departed from the United States for any period in excess of 90 days or for any periods in the aggregate exceeding 180 days. “(3) Continuity not required because of honorable service in armed forces and presence upon entry into service.— The requirements of continuous residence or continuous physical presence in the United States under subsections (a) and (b) shall not apply to an alien who— “(A) has served for a minimum period of 24 months in an active-duty status in the Armed Forces of the United States and, if separated from such service, was separated under honorable conditions, and “(B) at the time of the alien’s enlistment or induction was in the United States. “(e) Annual Limitation.— The Attorney General may not cancel the removal and adjust the status under this section, nor suspend the deportation and adjust the status under section 244(a) (as in effect before the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996), of a total of more than 4,000 aliens in any fiscal year. The previous sentence shall apply regardless of when an alien applied for such cancellation and adjustment and whether such an alien had previously applied for suspension of deportation under such section 244(a). “Sec. 240B. “voluntary departure (a) Certain Conditions.— “(1) In general.— The Attorney General may permit an alien voluntarily to depart the United States at the alien’s own expense under this subsection, in lieu of being subject to proceedings under section 240 or prior to the completion of such proceedings, if the alien is not deportable under section 237(a)(2)(A)(iii) or section 237(a)(4)(B). “(2) Period.— Permission to depart voluntarily under this subsection shall not be valid for a period exceeding 120 days. “(3) Bond.— The Attorney General may require an alien permitted to depart voluntarily under this subsection to post a voluntary departure bond, to be surrendered upon proof that the alien has departed the United States within the time specified. “(4) Treatment of aliens arriving in the united states.— In the case of an alien who is arriving in the United States and with respect to whom proceedings under section 240 are (or would otherwise be) initiated at the time of such alien’s arrival, paragraph (1) shall not apply. Nothing in this paragraph shall be construed as preventing such an alien from withdrawing the application for admission in accordance with section 235(a)(4). “(b) At Conclusion of Proceedings.— “(1) In general.— The Attorney General may permit an alien voluntarily to depart the United States at the alien’s own expense if, at the conclusion of a proceeding under section 240, the immigration judge enters an order granting voluntary departure in lieu of removal and finds that— “(A) the alien has been physically present in the United States for a period of at least one year immediately preceding the date the notice to appear was served under section 239(a); “(B) the alien is, and has been, a person of good moral character for at least 5 years immediately preceding the alien’s application for voluntary departure; “(C) the alien is not deportable under section 237(a)(2)(A)(iii) or section 237(a)(4); and “(D) the alien has established by clear and convincing evidence that the alien has the means to depart the United States and intends to do so. “(2) Period.— Permission to depart voluntarily under this subsection shall not be valid for a period exceeding 60 days. “(3) Bond.— An alien permitted to depart voluntarily under this subsection shall be required to post a voluntary departure bond, in an amount necessary to ensure that the alien will depart, to be surrendered upon proof that the alien has departed the United States within the time specified. “(c) Aliens Not Eligible.— The Attorney General shall not permit an alien to depart voluntarily under this section if the alien was previously permitted to so depart after having been found inadmissible under section 212(a)(6)(A). “(d) Civil Penalty for Failure to Depart.— If an alien is permitted to depart voluntarily under this section and fails voluntarily to depart the United States within the time period specified, the alien shall be subject to a civil penalty of not less than $1,000 and not more than $5,000, and be ineligible for a period of 10 years for any further relief under this section and sections 240A, 245, 248, and 249. The order permitting the alien to depart voluntarily shall inform the alien of the penalties under this subsection. “(e) Additional Conditions.— The Attorney General may by regulation limit eligibility for voluntary departure under this section for any class or classes of aliens. No court may review any regulation issued under this subsection. “(f) Judicial Review.— No court shall have jurisdiction over an appeal from denial of a request for an order of voluntary departure under subsection (b), nor shall any court order a stay of an alien’s removal pending consideration of any claim with respect to voluntary departure.”. (b) Repeal of Section 212(c).— Section 212(c) (8 U.S.C. 1182(c)) is repealed. (c) Streamlining Removal of Criminal Aliens.— (1) In general.— Section 242A(b)(4) (8 U.S.C. 1252a(b)(4)), as amended by section 442(a) of Public Law 104–132 and before redesignation by section 308(b)(5) of this division, is amended— (A) by striking subparagraph (D); (B) by amending subparagraph (E) to read as follows: “(D) a determination is made for the record that the individual upon whom the notice for the proceeding under this section is served (either in person or by mail) is, in fact, the alien named in such notice;”; and (C) by redesignating subparagraphs (F) and (G) as subparagraph (E) and (F), respectively. (2) 8 USC 1252a note. Effective Date.— The amendments made by paragraph (1) shall be effective as if included in the enactment of section 442(a) of Public Law 104–132. SEC. 305. DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED (NEW SECTION 241). (a) In General.— Title II is further amended— (1) by striking section 237 (8 U.S.C. 1227), (2) by redesignating section 241 (8 U.S.C. 1251) as section 237 and by moving such section to immediately follow section 8 USC 1227. 236, and (3) by inserting after section 240C (as redesignated by section 304(a)(2)) of this division the following new section: “Sec. 241. “detention and removal of aliens ordered removed (a) Detention, Release, and Removal of Aliens Ordered Removed.— “(1) Removal period.— “(A) In general.— Except as otherwise provided in this section, when an alien is ordered removed, the Attorney General shall remove the alien from the United States within a period of 90 days (in this section referred to as the ‘removal period’). “(B) Beginning of period.— The removal period begins on the latest of the following: “(i) The date the order of removal becomes administratively final. “(ii) If the removal order is judicially reviewed and if a court orders a stay of the removal of the alien, the date of the court’s final order. “(iii) If the alien is detained or confined (except under an immigration process), the date the alien is released from detention or confinement. “(C) Suspension of period.— The removal period shall be extended beyond a period of 90 days and the alien may remain in detention during such extended period if the alien fails or refuses to make timely application in good faith for travel or other documents necessary to the alien’s departure or conspires or acts to prevent the alien’s removal subject to an order of removal. “(2) Detention.— During the removal period, the Attorney General shall detain the alien. Under no circumstance during the removal period shall the Attorney General release an alien who has been found inadmissible under section 212(a)(2) or 212(a)(3)(B) or deportable under section 237(a)(2) or 237(a)(4)(B). “(3) Supervision after 90-day period.— If the alien does not leave or is not removed within the removal period, the alien, pending removal, shall be subject to supervision under regulations prescribed by the Attorney General. The regulations shall include provisions requiring the alien— “(A) to appear before an immigration officer periodically for identification; “(B) to submit, if necessary, to a medical and psychiatric examination at the expense of the United States Government; “(C) to give information under oath about the alien’s nationality, circumstances, habits, associations, and activities, and other information the Attorney General considers appropriate; and “(D) to obey reasonable written restrictions on the alien’s conduct or activities that the Attorney General prescribes for the alien. “(4) Aliens imprisoned, arrested, or on parole, supervised release, or probation.— “(A) In general.— Except as provided in section 343(a) of the Public Health Service Act (42 U.S.C. 259(a)) and paragraph (2), the Attorney General may not remove an alien who is sentenced to imprisonment until the alien is released from imprisonment. Parole, supervised release, probation, or possibility of arrest or further imprisonment is not a reason to defer removal. “(B) Exception for removal of nonviolent offenders prior to completion of sentence of imprisonment.— The Attorney General is authorized to remove an alien in accordance with applicable procedures under this Act before the alien has completed a sentence of imprisonment— “(i) in the case of an alien in the custody of the Attorney General, if the Attorney General determines that (I) the alien is confined pursuant to a final conviction for a nonviolent offense (other than an offense related to smuggling or harboring of aliens or an offense described in section 101(a)(43)(B), (C), (E), (I), or (L) and (II) the removal of the alien is appropriate and in the best interest of the United States; or “(ii) in the case of an alien in the custody of a State (or a political subdivision of a State), if the chief State official exercising authority with respect to the incarceration of the alien determines that (I) the alien is confined pursuant to a final conviction for a nonviolent offense (other than an offense described in section 101(a)(43)(C) or (E)), (II) the removal is appropriate and in the best interest of the State, and (III) submits a written request to the Attorney General that such alien be so removed. “(C) Notice.— Any alien removed pursuant to this paragraph shall be notified of the penalties under the laws of the United States relating to the reentry of deported aliens, particularly the expanded penalties for aliens removed under subparagraph (B). “(D) No private right.— No cause or claim may be asserted under this paragraph against any official of the United States or of any State to compel the release, removal, or consideration for release or removal of any alien. “(5) Reinstatement of removal orders against aliens illegally reentering.— If the Attorney General finds that an alien has reentered the United States illegally after having been removed or having departed voluntarily, under an order of removal, the prior order of removal is reinstated from its original date and is not subject to being reopened or reviewed, the alien is not eligible and may not apply for any relief under this Act, and the alien shall be removed under the prior order at any time after the reentry. “(6) Inadmissible or criminal aliens.— An alien ordered removed who is inadmissible under section 212, removable under section 237(a)(1)(C), 237(a)(2), or 237(a)(4) or who has been determined by the Attorney General to be a risk to the community or unlikely to comply with the order of removal, may be detained beyond the removal period and, if released, shall be subject to the terms of supervision in paragraph (3). “(7) Employment authorization.— No alien ordered removed shall be eligible to receive authorization to be employed in the United States unless the Attorney General makes a specific finding that— “(A) the alien cannot be removed due to the refusal of all countries designated by the alien or under this section to receive the alien, or “(B) the removal of the alien is otherwise impracticable or contrary to the public interest. “(b) Countries to Which Aliens May Be Removed.— “(1) Aliens arriving at the united states.— Subject to paragraph (3)— “(A) In general.— Except as provided by subparagraphs (B) and (C), an alien who arrives at the United States and with respect to whom proceedings under section 240 were initiated at the time of such alien’s arrival shall be removed to the country in which the alien boarded the vessel or aircraft on which the alien arrived in the United States. “(B) Travel from contiguous territory.— If the alien boarded the vessel or aircraft on which the alien arrived in the United States in a foreign territory contiguous to the United States, an island adjacent to the United States, or an island adjacent to a foreign territory contiguous to the United States, and the alien is not a native, citizen, subject, or national of, or does not reside in, the territory or island, removal shall be to the country in which the alien boarded the vessel that transported the alien to the territory or island. “(C) Alternative countries.— If the government of the country designated in subparagraph (A) or (B) is unwilling to accept the alien into that country’s territory, removal shall be to any of the following countries, as directed by the Attorney General: “(i) The country of which the alien is a citizen, subject, or national. “(ii) The country in which the alien was born. “(iii) The country in which the alien has a residence. “(iv) A country with a government that will accept the alien into the country’s territory if removal to each country described in a previous clause of this subparagraph is impracticable, inadvisable, or impossible. “(2) Other aliens.— Subject to paragraph (3)— “(A) Selection of country by alien.— Except as otherwise provided in this paragraph— “(i) any alien not described in paragraph (1) who has been ordered removed may designate one country to which the alien wants to be removed, and “(ii) the Attorney General shall remove the alien to the country the alien so designates. “(B) Limitation on designation.— An alien may designate under subparagraph (A)(i) a foreign territory contiguous to the United States, an adjacent island, or an island adjacent to a foreign territory contiguous to the United States as the place to which the alien is to be removed only if the alien is a native, citizen, subject, or national of, or has resided in, that designated territory or island. “(C) Disregarding designation.— The Attorney General may disregard a designation under subparagraph (A)(i) if— “(i) the alien fails to designate a country promptly; “(ii) the government of the country does not inform the Attorney General finally, within 30 days after the date the Attorney General first inquires, whether the government will accept the alien into the country; “(iii) the government of the country is not willing to accept the alien into the country; or “(iv) the Attorney General decides that removing the alien to the country is prejudicial to the United States. “(D) Alternative country.— If an alien is not removed to a country designated under subparagraph (A)(i), the Attorney General shall remove the alien to a country of which the alien is a subject, national, or citizen unless the government of the country— “(i) does not inform the Attorney General or the alien finally, within 30 days after the date the Attorney General first inquires or within another period of time the Attorney General decides is reasonable, whether the government will accept the alien into the country; or “(ii) is not willing to accept the alien into the country. “(E) Additional removal countries.— If an alien is not removed to a country under the previous subparagraphs of this paragraph, the Attorney General shall remove the alien to any of the following countries: “(i) The country from which the alien was admitted to the United States. “(ii) The country in which is located the foreign port from which the alien left for the United States or for a foreign territory contiguous to the United States. “(iii) A country in which the alien resided before the alien entered the country from which the alien entered the United States. “(iv) The country in which the alien was born. “(v) The country that had sovereignty over the alien’s birthplace when the alien was born. “(vi) The country in which the alien’s birthplace is located when the alien is ordered removed. “(vii) If impracticable, inadvisable, or impossible to remove the alien to each country described in a previous clause of this subparagraph, another country whose government will accept the alien into that country. “(F) Removal country when united states is at war.— When the United States is at war and the Attorney General decides that it is impracticable, inadvisable, inconvenient, or impossible to remove an alien under this subsection because of the war, the Attorney General may remove the alien— “(i) to the country that is host to a government in exile of the country of which the alien is a citizen or subject if the government of the host country will permit the alien’s entry; or “(ii) if the recognized government of the country of which the alien is a citizen or subject is not in exile, to a country, or a political or territorial subdivision of a country, that is very near the country of which the alien is a citizen or subject, or, with the consent of the government of the country of which the alien is a citizen or subject, to another country. “(3) Restriction on removal to a country where alien’s life or freedom would be threatened.— “(A) In general.— Notwithstanding paragraphs (1) and (2), the Attorney General may not remove an alien to a country if the Attorney General decides that the alien’s life or freedom would be threatened in that country because of the alien's race, religion, nationality, membership in a particular social group, or political opinion. “(B) Exception.— Subparagraph (A) does not apply to an alien deportable under section 237(a)(4)(D) or if the Attorney General decides that— “(i) the alien ordered, incited, assisted, or otherwise participated in the persecution of an individual because of the individual’s race, religion, nationality, membership in a particular social group, or political opinion; “(ii) the alien, having been convicted by a final judgment of a particularly serious crime is a danger to the community of the United States; “(iii) there are serious reasons to believe that the alien committed a serious nonpolitical crime outside the United States before the alien arrived in the United States; or “(iv) there are reasonable grounds to believe that the alien is a danger to the security of the United States. For purposes of clause (ii), an alien who has been convicted of an aggravated felony (or felonies) for which the alien has been sentenced to an aggregate term of imprisonment of at least 5 years shall be considered to have committed a particularly serious crime. The previous sentence shall not preclude the Attorney General from determining that, notwithstanding the length of sentence imposed, an alien has been convicted of a particularly serious crime. For purposes of clause (iv), an alien who is described in section 237(a)(4)(B) shall be considered to be an alien with respect to whom there are reasonable grounds for regarding as a danger to the security of the United States. “(c) Removal of Aliens Arriving at Port of Entry.— “(1) Vessels and aircraft.— An alien arriving at a port of entry of the United States who is ordered removed either without a hearing under section 235(b)(1) or 235(c) or pursuant to proceedings under section 240 initiated at the time of such alien’s arrival shall be removed immediately on a vessel or aircraft owned by the owner of the vessel or aircraft on which the alien arrived in the United States, unless— “(A) it is impracticable to remove the alien on one of those vessels or aircraft within a reasonable time, or “(B) the alien is a stowaway— “(i) who has been ordered removed in accordance with section 235(a)(1), “(ii) who has requested asylum, and “(iii) whose application has not been adjudicated or whose asylum application has been denied but who has not exhausted all appeal rights. “(2) Stay of removal.— “(A) In general.— The Attorney General may stay the removal of an alien under this subsection if the Attorney General decides that— “(i) immediate removal is not practicable or proper; or “(ii) the alien is needed to testify in the prosecution of a person for a violation of a law of the United States or of any State. “(B) Payment of detention costs.— During the period an alien is detained because of a stay of removal under subparagraph (A)(ii), the Attorney General may pay from the appropriation ‘Immigration and Naturalization Service—Salaries and Expenses’— “(i) the cost of maintenance of the alien; and “(ii) a witness fee of $1 a day. “(C) Release during stay.— The Attorney General may release an alien whose removal is stayed under subparagraph (A)(ii) on— “(i) the alien’s filing a bond of at least $500 with security approved by the Attorney General; “(ii) condition that the alien appear when required as a witness and for removal; and “(iii) other conditions the Attorney General may prescribe. “(3) Costs of detention and maintenance pending removal.— “(A) In general.— Except as provided in subparagraph (B) and subsection (d), an owner of a vessel or aircraft bringing an alien to the United States shall pay the costs of detaining and maintaining the alien— “(i) while the alien is detained under subsection (d)(1), and “(ii) in the case of an alien who is a stowaway, while the alien is being detained pursuant to— “(I) subsection (d)(2)(A) or (d)(2)(B)(i), “(II) subsection (d)(2)(B)(ii) or (iii) for the period of time reasonably necessary for the owner to arrange for repatriation or removal of the stow-away, including obtaining necessary travel documents, but not to extend beyond the date on which it is ascertained that such travel documents cannot be obtained from the country to which the stow-away is to be returned, or “(III) section 235(b)(1)(B)(ii), for a period not to exceed 15 days (excluding Saturdays, Sundays, and holidays) commencing on the first such day which begins on the earlier of 72 hours after the time of the initial presentation of the stowaway for inspection or at the time the stowaway is determined to have a credible fear of persecution. “(B) Nonapplication.— Subparagraph (A) shall not apply if— “(i) the alien is a crewmember; “(ii) the alien has an immigrant visa; “(iii) the alien has a nonimmigrant visa or other documentation authorizing the alien to apply for temporary admission to the United States and applies for admission not later than 120 days after the date the visa or documentation was issued; “(iv) the alien has a reentry permit and applies for admission not later than 120 days after the date of the alien’s last inspection and admission; “(v) (I) the alien has a nonimmigrant visa or other documentation authorizing the alien to apply for temporary admission to the United States or a reentry permit; “(II) the alien applies for admission more than 120 days after the date the visa or documentation was issued or after the date of the last inspection and admission under the reentry permit; and “(III) the owner of the vessel or aircraft satisfies the Attorney General that the existence of the condition relating to inadmissibility could not have been discovered by exercising reasonable care before the alien boarded the vessel or aircraft; or “(vi) the individual claims to be a national of the United States and has a United States passport. “(d) Requirements of Persons Providing Transportation.— “(1) Removal at time of arrival.— An owner, agent, master, commanding officer, person in charge, purser, or consignee of a vessel or aircraft bringing an alien (except an alien crew-member) to the United States shall— “(A) receive an alien back on the vessel or aircraft or another vessel or aircraft owned or operated by the same interests if the alien is ordered removed under this part; and “(B) take the alien to the foreign country to which the alien is ordered removed. “(2) Alien stowaways.— An owner, agent, master, commanding officer, charterer, or consignee of a vessel or aircraft arriving in the United States with an alien stowaway— “(A) shall detain the alien on board the vessel or aircraft, or at such place as the Attorney General shall designate, until completion of the inspection of the alien by an immigration officer; “(B) may not permit the stowaway to land in the United States, except pursuant to regulations of the Attorney General temporarily— “(i) for medical treatment, “(ii) for detention of the stowaway by the Attorney General, or “(iii) for departure or removal of the stowaway; and “(C) if ordered by an immigration officer, shall remove the stowaway on the vessel or aircraft or on another vessel or aircraft. The Attorney General shall grant a timely request to remove the stowaway under subparagraph (C) on a vessel or aircraft other than that on which the stowaway arrived if the requester has obtained any travel documents necessary for departure or repatriation of the stowaway and removal of the stowaway will not be unreasonably delayed. “(3) Removal upon order.— An owner, agent, master, commanding officer, person in charge, purser, or consignee of a vessel, aircraft, or other transportation line shall comply with an order of the Attorney General to take on board, guard safely, and transport to the destination specified any alien ordered to be removed under this Act. “(e) Payment of Expenses of Removal.— “(1) Costs of removal at time of arrival.— In the case of an alien who is a stowaway or who is ordered removed either without a hearing under section 235(a)(1) or 235(c) or pursuant to proceedings under section 240 initiated at the time of such alien’s arrival, the owner of the vessel or aircraft (if any) on which the alien arrived in the United States shall pay the transportation cost of removing the alien. If removal is on a vessel or aircraft not owned by the owner of the vessel or aircraft on which the alien arrived in the United States, the Attorney General may— “(A) pay the cost from the appropriation ‘Immigration and Naturalization Service—Salaries and Expenses’; and “(B) recover the amount of the cost in a civil action from the owner, agent, or consignee of the vessel or aircraft (if any) on which the alien arrived in the United States. “(2) Costs of removal to port of removal for aliens admitted or permitted to land.— In the case of an alien who has been admitted or permitted to land and is ordered removed, the cost (if any) of removal of the alien to the port of removal shall be at the expense of the appropriation for the enforcement of this Act. “(3) Costs of removal from port of removal for aliens admitted or permitted to land.— “(A) Through appropriation.— Except as provided in subparagraph (B), in the case of an alien who has been admitted or permitted to land and is ordered removed, the cost (if any) of removal of the alien from the port of removal shall be at the expense of the appropriation for the enforcement of this Act. “(B) Through owner.— “(i) In general.— In the case of an alien described in clause (ii), the cost of removal of the alien from the port of removal may be charged to any owner of the vessel, aircraft, or other transportation line by which the alien came to the United States. “(ii) Aliens described.— An alien described in this clause is an alien who— “(I) is admitted to the United States (other than lawfully admitted for permanent residence) and is ordered removed within 5 years of the date of admission based on a ground that existed before or at the time of admission, or “(II) is an alien crewman permitted to land temporarily under section 252 and is ordered removed within 5 years of the date of landing. “(C) Costs of removal of certain aliens granted voluntary departure.— In the case of an alien who has been granted voluntary departure under section 240B and who is financially unable to depart at the alien’s own expense and whose removal the Attorney General deems to be in the best interest of the United States, the expense of such removal may be paid from the appropriation for the enforcement of this Act. “(f) Aliens Requiring Personal Care During Removal.— “(1) In general.— If the Attorney General believes that an alien being removed requires personal care because of the alien’s mental or physical condition, the Attorney General may employ a suitable person for that purpose who shall accompany and care for the alien until the alien arrives at the final destination. “(2) Costs.— The costs of providing the service described in paragraph (1) shall be defrayed in the same manner as the expense of removing the accompanied alien is defrayed under this section. “(g) Places of Detention.— “(1) In general.— The Attorney General shall arrange for appropriate places of detention for aliens detained pending removal or a decision on removal. When United States Government facilities are unavailable or facilities adapted or suitably located for detention are unavailable for rental, the Attorney General may expend from the appropriation ‘Immigration and Naturalization Service—Salaries and Expenses’, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5), amounts necessary to acquire land and to acquire, build, remodel, repair, and operate facilities (including living quarters for immigration officers if not otherwise available) necessary for detention. “(2) Detention facilities of the immigration and naturalization service.— Prior to initiating any project for the construction of any new detention facility for the Service, the Commissioner shall consider the availability for purchase or lease of any existing prison, jail, detention center, or other comparable facility suitable for such use. “(h) Statutory Construction.— Nothing in this section shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person.”. (b) Reentry of Alien Removed Prior to Completion of Term of Imprisonment.— Section 276(b) (8 U.S.C. 1326(b)), as amended by section 321(b) of this division, is amended— (1) by striking “or” at the end of paragraph (2), (2) by adding “or” at the end of paragraph (3), and (3) by inserting after paragraph (3) the following new paragraph: “(4) who was removed from the United States pursuant to section 241(a)(4)(B) who thereafter, without the permission of the Attorney General, enters, attempts to enter, or is at any time found in, the United States (unless the Attorney General has expressly consented to such alien’s reentry) shall be fined under title 18, United States Code, imprisoned for not more than 10 years, or both. (c) Miscellaneous Conforming Amendment.— Section 212(a)(4) (8 U.S.C. 1182(a)(4)), as amended by section 621(a) of this division, is amended by striking “241(a)(5)(B)” each place it appears and inserting “237(a)(5)(B)”. SEC. 306. APPEALS FROM ORDERS OF REMOVAL (NEW SECTION 242). (a) In General.— Section 242 (8 U.S.C. 1252) is amended— (1) by redesignating subsection (j) as subsection (i) and by moving such subsection and adding it at the end of section 8 USC 1231. 241, as inserted by section 305(a)(3) of this division; and (2) by amending the remainder of section 242 to read as follows: “Sec. 242. “judicial review of orders of removal (a) Applicable Provisions.— “(1) General orders of removal.— Judicial review of a final order of removal (other than an order of removal without a hearing pursuant to section 235(b)(1)) is governed only by chapter 158 of title 28 of the United States Code, except as provided in subsection (b) and except that the court may not order the taking of additional evidence under section 2347(c) of such title. “(2) Matters not subject to judicial review.— “(A) Review relating to section 235(b)(1).— Notwithstanding any other provision of law, no court shall have jurisdiction to review— “(i) except as provided in subsection (e), any individual determination or to entertain any other cause or claim arising from or relating to the implementation or operation of an order of removal pursuant to section 235(b)(1), “(ii) except as provided in subsection (e), a decision by the Attorney General to invoke the provisions of such section, “(iii) the application of such section to individual aliens, including the determination made under section 235(b)(1)(B), or “(iv) except as provided in subsection (e), procedures and policies adopted by the Attorney General to implement the provisions of section 235(b)(1). “(B) Denials of discretionary relief.— Notwithstanding any other provision of law, no court shall have jurisdiction to review— “(i) any judgment regarding the granting of relief under section 212(h), 212(i), 240A, 240B, or 245, or “(ii) any other decision or action of the Attorney General the authority for which is specified under this title to be in the discretion of the Attorney General, other than the granting of relief under section 208(a). “(C) Orders against criminal aliens.—Notwithstanding any other provision of law, no court shall have jurisdiction to review any final order of removal against an alien who is removable by reason of having committed a criminal offense covered in section 212(a)(2) or 237(a)(2)(A)(iii), (B), (C), or (D), or any offense covered by section 237(a)(2)(A)(ii) for which both predicate offenses are, without regard to their date of commission, otherwise covered by section 237(a)(2)(A)(i). “(3) Treatment of certain decisions.— No alien shall have a right to appeal from a decision of an immigration judge which is based solely on a certification described in section 240(c)(1)(B). “(b) Requirements for Review of Orders of Removal.— With respect to review of an order of removal under subsection (a)(1), the following requirements apply: “(1) Deadline.— The petition for review must be filed not later than 30 days after the date of the final order of removal. “(2) Venue and forms.— The petition for review shall be filed with the court of appeals for the judicial circuit in which the immigration judge completed the proceedings. The record and briefs do not have to be printed. The court of appeals shall review the proceeding on a typewritten record and on typewritten briefs. “(3) Service.— “(A) In general.— The respondent is the Attorney General. The petition shall be served on the Attorney General and on the officer or employee of the Service in charge of the Service district in which the final order of removal under section 240 was entered. “(B) Stay of order.— Service of the petition on the officer or employee does not stay the removal of an alien pending the court’s decision on the petition, unless the court orders otherwise. “(C) Alien’s brief.— The alien shall serve and file a brief in connection with a petition for judicial review not later than 40 days after the date on which the administrative record is available, and may serve and file a reply brief not later than 14 days after service of the brief of the Attorney General, and the court may not extend these deadlines except upon motion for good cause shown. If an alien fails to file a brief within the time provided in this paragraph, the court shall dismiss the appeal unless a manifest injustice would result. “(4) Scope and standard for review.— Except as provided in paragraph (5)(B)— “(A) the court of appeals shall decide the petition only on the administrative record on which the order of removal is based, “(B) the administrative findings of fact are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary, “(C) a decision that an alien is not eligible for admission to the United States is conclusive unless manifestly contrary to law, and “(D) the Attorney General’s discretionary judgment whether to grant relief under section 208(a) shall be conclusive unless manifestly contrary to the law and an abuse of discretion. “(5) Treatment of nationality claims.— “(A) Court determination if no issue of fact.— If the petitioner claims to be a national of the United States and the court of appeals finds from the pleadings and affidavits that no genuine issue of material fact about the petitioner’s nationality is presented, the court shall decide the nationality claim. “(B) Transfer if issue of fact.— If the petitioner claims to be a national of the United States and the court of appeals finds that a genuine issue of material fact about the petitioner’s nationality is presented, the court shall transfer the proceeding to the district court of the United States for the judicial district in which the petitioner resides for a new hearing on the nationality claim and a decision on that claim as if an action had been brought in the district court under section 2201 of title 28, United States Code. “(C) Limitation on determination.— The petitioner may have such nationality claim decided only as provided in this paragraph. “(6) Consolidation with review of motions to reopen or reconsider.— When a petitioner seeks review of an order under this section, any review sought of a motion to reopen or reconsider the order shall be consolidated with the review of the order. “(7) Challenge to validity of orders in certain criminal proceedings.— “(A) In general.— If the validity of an order of removal has not been judicially decided, a defendant in a criminal proceeding charged with violating section 243(a) may challenge the validity of the order in the criminal proceeding only by filing a separate motion before trial. The district court, without a jury, shall decide the motion before trial. “(B) Claims of united states nationality.— If the defendant claims in the motion to be a national of the United States and the district court finds that— “(i) no genuine issue of material fact about the defendant’s nationality is presented, the court shall decide the motion only on the administrative record on which the removal order is based and the administrative findings of fact are conclusive if supported by reasonable, substantial, and probative evidence on the record considered as a whole; or “(ii) a genuine issue of material fact about the defendant’s nationality is presented, the court shall hold a new hearing on the nationality claim and decide that claim as if an action had been brought under section 2201 of title 28, United States Code. The defendant may have such nationality claim decided only as provided in this subparagraph. “(C) Consequence of invalidation.— If the district court rules that the removal order is invalid, the court shall dismiss the indictment for violation of section 243(a). The United States Government may appeal the dismissal to the court of appeals for the appropriate circuit within 30 days after the date of the dismissal. “(D) Limitation on filing petitions for review.— The defendant in a criminal proceeding under section 243(a) may not file a petition for review under subsection (a) during the criminal proceeding. “(8) Construction.— This subsection— “(A) does not prevent the Attorney General, after a final order of removal has been issued, from detaining the alien under section 241(a); “(B) does not relieve the alien from complying with section 241(a)(4) and section 243(g); and “(C) does not require the Attorney General to defer removal of the alien. “(9) Consolidation of questions for judicial review.— Judicial review of all questions of law and fact, including interpretation and application of constitutional and statutory provisions, arising from any action taken or proceeding brought to remove an alien from the United States under this title shall be available only in judicial review of a final order under this section. “(c) Requirements for Petition.— A petition for review or for habeas corpus of an order of removal— “(1) shall attach a copy of such order, and “(2) shall state whether a court has upheld the validity of the order, and, if so, shall state the name of the court, the date of the court’s ruling, and the kind of proceeding. “(d) Review of Final Orders.— A court may review a final order of removal only if— “(1) the alien has exhausted all administrative remedies available to the alien as of right, and “(2) another court has not decided the validity of the order, unless the reviewing court finds that the petition presents grounds that could not have been presented in the prior judicial proceeding or that the remedy provided by the prior proceeding was inadequate or ineffective to test the validity of the order. “(e) Judicial Review of Orders Under Section 235(b)(1).— “(1) Limitations on relief.— Without regard to the nature of the action or claim and without regard to the identity of the party or parties bringing the action, no court may— “(A) enter declaratory, injunctive, or other equitable relief in any action pertaining to an order to exclude an alien in accordance with section 235(b)(1) except as specifically authorized in a subsequent paragraph of this subsection, or “(B) certify a class under Rule 23 of the Federal Rules of Civil Procedure in any action for which judicial review is authorized under a subsequent paragraph of this subsection. “(2) Habeas corpus proceedings.— Judicial review of any determination made under section 235(b)(1) is available in habeas corpus proceedings, but shall be limited to determinations of— “(A) whether the petitioner is an alien, “(B) whether the petitioner was ordered removed under such section, and “(C) whether the petitioner can prove by a preponderance of the evidence that the petitioner is an alien lawfully admitted for permanent residence, has been admitted as a refugee under section 207, or has been granted asylum under section 208, such status not having been terminated, and is entitled to such further inquiry as prescribed by the Attorney General pursuant to section 235(b)(1)(C), “(3) Challenges on validity of the system.— “(A) In general.— Judicial review of determinations under section 235(b) and its implementation is available in an action instituted in the United States District Court for the District of Columbia, but shall be limited to determinations of— “(i) whether such section, or any regulation issued to implement such section, is constitutional; or “(ii) whether such a regulation, or a written policy directive, written policy guideline, or written procedure issued by or under the authority of the Attorney General to implement such section, is not consistent with applicable provisions of this title or is otherwise in violation of law. “(B) Deadlines for bringing actions.— Any action instituted under this paragraph must be filed no later than 60 days after the date the challenged section, regulation, directive, guideline, or procedure described in clause (i) or (ii) of subparagraph (A) is first implemented. “(C) Notice of appeal.— A notice of appeal of an order issued by the District Court under this paragraph may be filed not later than 30 days after the date of issuance of such order. “(D) Expeditious consideration of cases.— It shall be the duty of the District Court, the Court of Appeals, and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any case considered under this paragraph. “(4) Decision.— In any case where the court determines that the petitioner— “(A) is an alien who was not ordered removed under section 235(b)(1), or “(B) has demonstrated by a preponderance of the evidence that the alien is an alien lawfully admitted for permanent residence, has been admitted as a refugee under section 207, or has been granted asylum under section 208, the court may order no remedy or relief other than to require that the petitioner be provided a hearing in accordance with section 240. Any alien who is provided a hearing under section 240 pursuant to this paragraph may thereafter obtain judicial review of any resulting final order of removal pursuant to subsection (a)(1). “(5) Scope of inquiry.— In determining whether an alien has been ordered removed under section 235(b)(1), the court’s inquiry shall be limited to whether such an order in fact was issued and whether it relates to the petitioner. There shall be no review of whether the alien is actually inadmissible or entitled to any relief from removal. “(f) Limit on Injunctive Relief.— “(1) In general.— Regardless of the nature of the action or claim or of the identity of the party or parties bringing the action, no court (other than the Supreme Court) shall have jurisdiction or authority to enjoin or restrain the operation of the provisions of chapter 4 of title II, as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, other than with respect to the application of such provisions to an individual alien against whom proceedings under such chapter have been initiated. “(2) Particular cases.— Notwithstanding any other provision of law, no court shall enjoin the removal of any alien pursuant to a final order under this section unless the alien shows by clear and convincing evidence that the entry or execution of such order is prohibited as a matter of law. “(g) Exclusive Jurisdiction.— Except as provided in this section and notwithstanding any other provision of law, no court shall have jurisdiction to hear any cause or claim by or on behalf of any alien arising from the decision or action by the Attorney General to commence proceedings, adjudicate cases, or execute removal orders against any alien under this Act.”. (b) Repeal of Section 106.— Section 106 (8 U.S.C. 1105a) is repealed. (c) Effective Date.— (1) In general.— Subject to paragraph (2), the amendments made by subsections (a) and (b) shall apply to all final orders of deportation or removal and motions to reopen filed on or after the date of the enactment of this Act and subsection (g) of section 242 of the Immigration and Nationality Act (as added by subsection (a)), shall apply without limitation to claims arising from all past, pending, or future exclusion, deportation, or removal proceedings under such Act. (2) Limitation.— Paragraph (1) shall not be considered to invalidate or to require the reconsideration of any judgment or order entered under section 106 of the Immigration and Nationality Act, as amended by section 440 of Public Law 104–132. (d) Technical Amendment.— Effective as if included in the enactment of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104–132), subsections (a), (c), (d), (g), and (h) of section 440 of such Act are amended by striking “any offense 8 USC 1105a, 1182, 1252, 1252a. covered by section 241(a)(2)(A)(ii) for which both predicate offenses are covered by section 241(a)(2)(A)(i)” and inserting “any offense covered by section 241(a)(2)(A)(ii) for which both predicate offenses are, without regard to the date of their commission, otherwise covered by section 241(a)(2)(A)(i)”. SEC. 307. PENALTIES RELATING TO REMOVAL (REVISED SECTION 243). (a) In General.— Section 243 (8 U.S.C. 1253) is amended to read as follows: “Sec. 243. “penalties related to removal (a) Penalty for Failure To Depart.— “(1) In general.— Any alien against whom a final order of removal is outstanding by reason of being a member of any of the classes described in section 237(a), who— “(A) willfully fails or refuses to depart from the United States within a period of 90 days from the date of the final order of removal under administrative processes, or if judicial review is had, then from the date of the final order of the court, “(B) willfully fails or refuses to make timely application in good faith for travel or other documents necessary to the alien’s departure, “(C) connives or conspires, or takes any other action, designed to prevent or hamper or with the purpose of preventing or hampering the alien’s departure pursuant to such, or “(D) willfully fails or refuses to present himself or herself for removal at the time and place required by the Attorney General pursuant to such order, shall be fined under title 18, United States Code, or imprisoned not more than four years (or 10 years if the alien is a member of any of the classes described in paragraph (1)(E), (2), (3), or (4) of section 237(a)), or both. “(2) Exception.— It is not a violation of paragraph (1) to take any proper steps for the purpose of securing cancellation of or exemption from such order of removal or for the purpose of securing the alien’s release from incarceration or custody. “(3) Suspension.— The court may for good cause suspend the sentence of an alien under this subsection and order the alien’s release under such conditions as the court may prescribe. In determining whether good cause has been shown to justify releasing the alien, the court shall take into account such factors as— “(A) the age, health, and period of detention of the alien; “(B) the effect of the alien’s release upon the national security and public peace or safety; “(C) the likelihood of the alien’s resuming or following a course of conduct which made or would make the alien deportable; “(D) the character of the efforts made by such alien himself and by representatives of the country or countries to which the alien’s removal is directed to expedite the alien’s departure from the United States; “(E) the reason for the inability of the Government of the United States to secure passports, other travel documents, or removal facilities from the country or countries to which the alien has been ordered removed; and “(F) the eligibility of the alien for discretionary relief under the immigration laws. “(b) Willful Failure To Comply with Terms of Release Under Supervision.— An alien who shall willfully fail to comply with regulations or requirements issued pursuant to section 241(a)(3) or knowingly give false information in response to an inquiry under such section shall be fined not more than $1,000 or imprisoned for not more than one year, or both. “(c) Penalties Relating To Vessels and Aircraft.— “(1) Civil penalties.— “(A) Failure to carry out certain orders.— If the Attorney General is satisfied that a person has violated subsection (d) or (e) of section 241, the person shall pay to the Commissioner the sum of $2,000 for each violation. “(B) Failure to remove alien stowaways.— If the Attorney General is satisfied that a person has failed to remove an alien stowaway as required under section 241(d)(2), the person shall pay to the Commissioner the sum of $5,000 for each alien stowaway not removed. “(C) No compromise.— The Attorney General may not compromise the amount of such penalty under this paragraph. “(2) Clearing vessels and aircraft.— “(A) Clearance before decision on liability.— A vessel or aircraft may be granted clearance before a decision on liability is made under paragraph (1) only if a bond approved by the Attorney General or an amount sufficient to pay the civil penalty is deposited with the Commissioner. “(B) Prohibition on clearance while penalty unpaid.— A vessel or aircraft may not be granted clearance if a civil penalty imposed under paragraph (1) is not paid. “(d) Discontinuing Granting Visas to Nationals of Country Denying or Delaying Accepting Alien.— On being notified by the Attorney General that the government of a foreign country denies or unreasonably delays accepting an alien who is a citizen, subject, national, or resident of that country after the Attorney General asks whether the government will accept the alien under this section, the Secretary of State shall order consular officers in that foreign country to discontinue granting immigrant visas or nonimmigrant visas, or both, to citizens, subjects, nationals, and residents of that country until the Attorney General notifies the Secretary that the country has accepted the alien.”. SEC. 308. REDESIGNATION AND REORGANIZATION OF OTHER PROVISIONS; ADDITIONAL CONFORMING AMENDMENTS. (a) Conforming Amendment to Table of Contents; Overview of Reorganized Chapters.— The table of contents, as amended by sections 123(b) and 671(e)(1) of this division, is amended— (1) by striking the item relating to section 106, and (2) by striking the item relating to chapter 4 of title II and all that follows through the item relating to section 244A and inserting the following: “chapter 4— inspection, apprehension, examination, exclusion, and removal “Sec. 231. Lists of alien and citizen passengers arriving or departing; record of resident aliens and citizens leaving permanently for foreign country. “Sec. 232. Detention of aliens for physical and mental examination. “Sec. 233. Entry through or from foreign territory and adjacent islands; landing stations. “Sec. 234. Designation of ports of entry for aliens arriving by civil aircraft. “Sec. 235. Inspection by immigration officers; expedited removal of. inadmissible arriving aliens; referral for hearing. “Sec. 235A. Preinspection at foreign airports. “Sec. 236. Apprehension and detention of aliens not lawfully in the United States. “Sec. 237. General classes of deportable aliens. “Sec. 238. Expedited removal of aliens convicted of committing aggravated felonies. “Sec. 239. Initiation of removal proceedings. “Sec. 240. Removal proceedings. “Sec. 240A. Cancellation of removal; adjustment of status. “Sec. 240B. Voluntary departure. “Sec. 240C. Records of admission. “Sec. 241. Detention and removal of aliens ordered removed. “Sec. 242. Judicial review of orders of removal. “Sec. 243. Penalties relating to removal. “Sec. 244. Temporary protected status. “chapter 5— adjustment and change of status”. (b) Reorganization of Other Provisions.— Chapters 4 and 5 of title II are amended as follows: (1) Amending chapter heading.— Amend the heading for chapter 4 of title II to read as follows: “Chapter 4— Inspection, Apprehension, Examination, Exclusion, and Removal”. (2) Redesignating section 232 as section 232(a).— Amend section 232 (8 U.S.C. 1222)— (A) by inserting “(a) Detention of Aliens.—” after “Sec. 232.”, and (B) by amending the section heading to read as follows: “detention of aliens for physical and mental examination”. (3) Redesignating section 234 as section 232(b).— Amend section 234 (8 U.S.C. 1224)— (A) by striking the heading, (B) by striking “Sec. 234.” and inserting the following: “(b) Physical and Mental Examination.—”, and (C) by moving such provision to the end of section 8 USC 1222. 232. (4) Redesignating section 238 as section 233.— Redesignate 8 USC 1223. section 238 (8 U.S.C. 1228) as section 233 and move the section to immediately follow section 232. (5) Redesignating section 242a as section 238.— Redesignate 8 USC 1228. section 242A as section 238, strike “deportation” in its heading and insert “removal”, and move the section to immediately follow section 237 (as redesignated by section 305(a)(2)). (6) Striking section 242b.— Strike section 242B (8 U.S.C. 1252b). (7) Striking section 244 and redesignating section 244a as section 244.— Strike section 244 (8 U.S.C. 1254) and redesignate 8 USC 1254a. section 244A as section 244. (8) Amending chapter heading.— Amend the heading for chapter 5 of title II to read as follows: “Chapter 5— Adjustment and Change of Status”. (c) Additional Conforming Amendments.— (1) Expedited procedures for aggravated felons (former section 242a).— Section 238 (which, previous to redesignation under section 308(b)(5) of this division, was section 242A) is amended— (A) in subsection (a)(1), by striking “section 242” and inserting “section 240”; (B) in subsection (a)(2), by striking “section 242(a)(2)” and inserting “section 236(c)”; and (C) in subsection (b)(1), by striking “section 241(a)(2)(A)(iii)” and inserting “section 237(a)(2)(A)(iii)”. (2) Treatment of certain helpless aliens.— (A) Certification of helpless aliens.— Section 232 (8 U.S.C. 1222), as amended by section 308(b)(2) of this division, is further amended by adding at the end the following new subsection: “(c) Certification of Certain Helpless Aliens.— If an examining medical officer determines that an alien arriving in the United States is inadmissible, is helpless from sickness, mental or physical disability, or infancy, and is accompanied by another alien whose protection or guardianship may be required, the officer may certify such fact for purposes of applying section 212(a)(10)(B) with respect to the other alien.”. (B) Ground of inadmissibility for protection and guardianship of aliens denied admission for health or infancy.— Subparagraph (B) of section 212(a)(10) (8 U.S.C. 1182(a)(10)), as redesignated by section 301(a)(1) of this division, is amended to read as follows: “(B) Guardian required to accompany helpless alien.— Any alien— “(i) who is accompanying another alien who is inadmissible and who is certified to be helpless from sickness, mental or physical disability, or infancy pursuant to section 232(c), and “(ii) whose protection or guardianship is determined to be required by the alien described in clause (i), is inadmissible.”. (3) Contingent consideration in relation to removal of aliens.— Section 273(a) (8 U.S.C. 1323(a)) is amended— (A) by inserting “(1)” after “(a)”, and (B) by adding at the end the following new paragraph: “(2) It is unlawful for an owner, agent, master, commanding officer, person in charge, purser, or consignee of a vessel or aircraft who is bringing an alien (except an alien crewmember) to the United States to take any consideration to be kept or returned contingent on whether an alien is admitted to, or ordered removed from, the United States”. (4) Clarification.— (A) Section 238(a)(1), which, previous to redesignation under section 308(b)(5) of this division, was 8 USC 1228. section 242A(a)(1), is amended by adding at the end the following: “Nothing in this section shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person.”. (B) Section 225 of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103–416) is amended 8 USC 1101 note. by striking “and nothing in” and all that follows up to “shall”. (d) Additional Conforming Amendments Relating to Exclusion and Inadmissibility.— (1) Section 212.— Section 212 (8 U.S.C. 1182(a)) is amended— (A) in the heading, by striking “excluded from” and inserting “ineligible for”; (B) in the matter in subsection (a) before paragraph (1), by striking all that follows “(a)” and inserting the following: “Classes of Aliens Ineligible for Visas or Admission.—Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:”; (C) in subsection (a), by striking “is excludable” and inserting “is inadmissible” each place it appears; (D) in subsections (a)(5)(C) (before redesignation by section 343(c)(1) of this division), (d)(1), and (k), by striking “exclusion” and inserting “inadmissibility”; (E) in subsections (b), (d)(3), (h)(1)(A)(i), and (k), by striking “excludable” each place it appears and inserting “inadmissible”; (F) in subsection (b)(2), by striking “or ineligible for entry”; (G) in subsection (d)(7), by striking “excluded from” and inserting “denied”; and (H) in subsection (h)(1)(B), by striking “exclusion” and inserting “denial of admission”. (2) Section 241.— Section 241 (8 U.S.C. 1251), before redesignation as section 237 by section 305(a)(2) of this division, is amended— (A) in subsection (a)(1)(H), by striking “excludable” and inserting “inadmissible”; (B) in subsection (a)(4)(C)(ii), by striking “excludability” and inserting “inadmissibility”; (C) in subsection (c), by striking “exclusion” and inserting “inadmissibility”; and (D) effective upon enactment of this Act, by striking subsection (d), as added by section 414(a) of the Antiterrorism and Effective Death Penalty Act of 1996 (P.L. 104–132). (3) Other general references.— The following provisions are amended by striking “excludability” and “excludable” each place each appears and inserting “inadmissibility” and “inadmissible”, respectively: (A) 8 USC 1101, 1183, 1224, 1251, 1322, 1327, 1356. Sections 101(f)(3), 213, 234 (before redesignatipn by section 308(b) of this division), 241(a)(1) (before redesignation by section 305(a)(2) of this division), 272(a), 277, 286(h)(2)(A)(v), and 286(h)(2)(A)(vi). (B) 8 USC 1182 note. Section 601(c) of the Immigration Act of 1990. (C) 8 USC 1182 note. Section 128 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102–138). (D) Section 1073 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337). (E) 8 USC 1101 note. Section 221 of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103–416). (4) Related terms.— (A) Section 101(a)(17) (8 U.S.C. 1101(a)(17)) is amended by striking “or expulsion” and inserting “expulsion, or removal”. (B) Section 102 (8 U.S.C. 1102) is amended by striking “exclusion or deportation” and inserting “removal”. (C) Section 103(c)(2) (8 U.S.C. 1103(c)(2)) is amended by striking “been excluded or deported” and inserting “not been admitted or have been removed”. (D) Section 206 (8 U.S.C. 1156) is amended by striking “excluded from admission to the United States and deported” and inserting “denied admission to the United States and removed”. (E) Section 216(f) (8 U.S.C. 1186a) is amended by striking “exclusion” and inserting “inadmissibility”. (F) Section 217 (8 U.S.C. 1187) is amended by striking “excluded from admission” and inserting “denied admission at the time of arrival” each place it appears. (G) Section 221(f) (8 U.S.C. 1201) is amended by striking “exclude” and inserting “deny admission to”. (H) Section 232(a) (8 U.S.C. 1222(a)), as redesignated by subsection (b)(2), is amended by striking “excluded by” and “the excluded classes” and inserting “inadmissible under” and “inadmissible classes”, respectively. (I) (i) Section 272 (8 U.S.C. 1322) is amended— (I) by striking “exclusion” in the heading and inserting “denial of admission”, (II) in subsection (a), by striking “excluding condition” and inserting “condition causing inadmissibility”, and (III) in subsection (c), by striking “excluding”. (ii) The item in the table of contents relating to such section is amended by striking “exclusion” and inserting “denial of admission”. (J) Section 276(a) (8 U.S.C. 1326(a)) is amended— (i) in paragraph (1), as amended by section 324(a) of this division— (I) by striking “arrested and deported, has been excluded and deported,” and inserting “denied admission, excluded, deported, or removed”, and (II) by striking “exclusion or deportation” and inserting “exclusion, deportation, or removal”; and (ii) in paragraph (2)(B), by striking “excluded and deported” and inserting “denied admission and removed”. (K) Section 286(h)(2)(A)(vi) (8 U.S.C. 1356(h)(2)(A)(vi)) is amended by striking “exclusion” each place it appears and inserting “removal”. (L) Section 287 (8 U.S.C. 1357) is amended— (i) in subsection (a), by striking “or expulsion” each place it appears and inserting “expulsion, or removal”, and (ii) in subsection (c), by striking “exclusion from” and inserting “denial of admission to”. (M) Section 290(a) (8 U.S.C. 1360(a)) is amended by striking “admitted to the United States, or excluded therefrom” each place it appears and inserting “admitted or denied admission to the United States”. (N) Section 291 (8 U.S.C. 1361) is amended by striking “subject to exclusion” and inserting “inadmissible” each place it appears. (O) Section 292 (8 U.S.C. 1362) is amended by striking “exclusion or deportation” each place it appears and inserting “removal”. (P) Section 360 (8 U.S.C. 1503) is amended— (i) in subsection (a), by striking “exclusion” each place it appears and inserting “removal”, and (ii) in subsection (c), by striking “excluded from” and inserting “denied”. (Q) Section 507(b)(2)(D) (8 U.S.C. 1537(b)(2)(D)) is amended by striking “exclusion because such alien is excludable” and inserting “removal because such alien is inadmissible”. (R) 8 USC 1255a note. Section 301(a)(1) of the Immigration Act of 1990 is amended by striking “exclusion” and inserting “inadmissibility”. (S) 8 USC 1522 note. Section 401(c) of the Refugee Act of 1980 is amended by striking “deportation or exclusion” and inserting “removal”. (T) 8 USC 1522 note. Section 501(e)(2) of the Refugee Education Assistance Act of 1980 (Public Law 96–422) is amended— (i) by striking “exclusion or deportation” each place it appears and inserting “removal”, and (ii) by striking “deportation or exclusion” each place it appears and inserting “removal”. (U) Section 4113(c) of title 18, United States Code, is amended by striking “exclusion and deportation” and inserting “removal”. (5) Repeal of superseded provision.— Effective as of the date of the enactment of the Antiterrorism and Effective Death 8 USC 1225, 1225 note, 1227. Penalty Act of 1996, section 422 of such Act is repealed and the Immigration and Nationality Act shall be applied as if such section had not been enacted. (e) Revision of Terminology Relating to Deportation.— (1) Each of the following is amended by striking “deportation” each place it appears and inserting “removal”: (A) Subparagraphs (A)(iii)(II), (A)(iv)(II), and (B)(iii)(II) of section 204(a)(1) (8 U.S.C. 1154(a)(1)). (B) Section 212(d)(1) (8 U.S.C. 1182(d)(1)). (C) Section 212(d)(11) (8 U.S.C. 1182(d)(11)). (D) Section 214(k)(4)(C) (8 U.S.C. 1184(k)(4)(C)), as redesignated by section 671(a)(3)(A) of this division. (E) Section 241(a)(1)(H) (8 U.S.C. 1251(a)(1)(H)), before redesignation as section 237 by section 305(a)(2) of this division. (F) Section 242A (8 U.S.C. 1252a), before redesignation as section 238 by subsection (b)(5). (G) Subsections (a)(3) and (b)(5)(B) of section 244A (8 U.S.C. 1254a), before redesignation as section 244 by subsection (b)(7). (H) Section 246(a) (8 U.S.C. 1256(a)). (I) Section 254 (8 U.S.C. 1284). (J) Section 263(a)(4) (8 U.S.C. 1303(a)(4)). (K) Section 276(b) (8 U.S.C. 1326(b)). (L) Section 286(h)(2)(A)(v) (8 U.S.C. 1356(h)(2)(A)(v)). (M) Section 287(g) (8 U.S.C. 1357(g)) (as added by section 122 of this division). (N) Section 291 (8 U.S.C. 1361). (O) Section 318 (8 U.S.C. 1429). (P) Section 130005(a) of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322). 8 USC 1158 note. (Q) Section 4113(b) of title 18, United States Code. (2) Each of the following is amended by striking “deported” each place it appears and inserting “removed”: (A) Section 212(d)(7) (8 U.S.C. 1182(d)(7)). (B) Section 214(d) (8 U.S.C. 1184(d)). (C) Section 241(a) (8 U.S.C. 1251(a)), before redesignation as section 237 by section 305(a)(2) of this division. (D) Section 242A(c)(2)(D)(iv) (8 U.S.C. 1252a(c)(2)(D)(iv)), as amended by section 671(b)( 13) of this division but before redesignation as section 238 by subsection (b)(5). (E) Section 252(b) (8 U.S.C. 1282(b)). (F) Section 254 (8 U.S.C. 1284). (G) Subsections (b) and (c) of section 266 (8 U.S.C. 1306). (H) Section 301(a)(1) of the Immigration Act of 1990. 8 USC 1225a note. (I) Section 4113 of title 18, United States Code. (3) Section 101(g) (8 U.S.C. 1101(g)) is amended by inserting “or removed” after “deported” each place it appears. (4) Section 103(c)(2) (8 U.S.C. 1103(c)(2)) is amended by striking “suspension of deportation” and inserting “cancellation of removal”. (5) Section 201(b)(1)(D) (8 U.S.C. 1151(b)(1)(D)) is amended by striking “deportation is suspended” and inserting “removal is canceled”. (6) Section 212(l)(2)(B) (8 U.S.C. 1182(l)(2)(B)) is amended by striking “deportation against” and inserting “removal of”. (7) Subsections (b)(2), (c)(2)(B), (c)(3)(D), (c)(4)(A), and (d)(2)(C) of section 216 (8 U.S.C. 1186a) are each amended by striking “deportation”, “deportation”, “deport”, and “deported” each place each appears and inserting “removal”, “removal”, “remove”, and “removed”, respectively. (8) Subsections (b)(2), (c)(2)(B), (c)(3)(D), and (d)(2)(C) of section 216A (8 U.S.C. 1186b) are each amended by striking “deportation”, “deportation”, “deport”, and “deported” and inserting “removal”, “removal”, “remove”, and “removed”, respectively. (9) Section 217(b)(2) (8 U.S.C. 1187(b)(2)) is amended by striking “deportation against” and inserting “removal of”. (10) Section 242A (8 U.S.C. 1252a), before redesignation as section 238 by subsection (b)(6), is amended, in the headings to various subdivisions, by striking “Deportation” and “deportation” and inserting “Removal” and “removal”, respectively. (11) Section 244A(a)(1)(A) (8 U.S.C. 1254a(a)(1)(A)), before redesignation as section 244 by subsection (b)(8), is amended— (A) in subsection (a)(1)(A), by striking “deport” and inserting “remove”, and (B) in subsection (e), by striking “Suspension of Deportation” and inserting “Cancellation of Removal”. (12) Section 254 (8 U.S.C. 1284) is amended by striking “deport” each place it appears and inserting “remove”. (13) Section 273(d) (8 U.S.C. 1323(d)) is repealed. (14) (A) Section 276 (8 U.S.C. 1326) is amended by striking “deported” and inserting “removed”. (B) The item in the table of contents relating to such section is amended by striking “deported” and inserting “removed”. (15) Section 318 (8 U.S.C. 1429) is amended by striking “suspending” and inserting “canceling”. (16) 8 USC 1255a note. Section 301(a) of the Immigration Act of 1990 is amended by striking “Deportation” and inserting “Removal”. (17) The heading of section 130005 of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322) 8 USC 1158 note. is amended by striking “DEPORTATION” and inserting “REMOVAL”. (18) Section 9 of the Peace Corns Act (22 U.S.C. 2508) is amended by striking “deported” and all that follows through “Deportation” and inserting “removed pursuant to chapter 4 of title II of the Immigration and Nationality Act”. (19) Section 8(c) of the Foreign Agents Registration Act (22 U.S.C. 618(c)) is amended by striking “deportation” and all that follows and inserting “removal pursuant to chapter 4 of title II of the Immigration and Nationality Act.”. (f) Revision of References to Entry.— (1) The following provisions are amended by striking “entry” and inserting “admission” each place it appears: (A) Section 101(a)(15)(K) (8 U.S.C. 1101(a)(15)(K)). (B) Section 101(a)(30) (8 U.S.C. 1101(a)(30)). (C) Section 212(a)(2)(D) (8 U.S.C. 1182(a)(2)(D)). (D) Section 212(a)(6)(C)(i) (8 U.S.C. 1182(a)(6)(C)(i)). (E) Section 212(h)(1)(A)(i) (8 U.S.C. 1182(h)(1)(A)(i)). (F) Section 212(j)(1)(D) (8 U.S.C. 1182(j)(1)(D)). (G) Section 214(c)(2)(A) (8 U.S.C. 1184(c)(2)(A)). (H) Section 214(d) (8 U.S.C. 1184(d)). (I) Section 216(b)(1)(A)(i) (8 U.S.C. 1186a(b)(1)(A)(i)). (J) Section 216(d)(1)(A)(i)(III) (8 U.S.C. 1186a(d)(1)(A)(i)(III)). (K) Subsection (b) of section 240 (8 U.S.C. 1230), before redesignation as section 240C by section 304(a)(2) of this division. (L) Subsection (a)(1)(G) of section 241 (8 U.S.C. 1251), before redesignation as section 237 by section 305(a)(2) of this division. (M) Subsection (a)(1)(H) of section 241 (8 U.S.C. 1251), before redesignation as section 237 by section 305(a)(2) of this division, other than the last time it appears. (N) Paragraphs (2) and (4) of subsection (a) of section 241 (8 U.S.C. 1251), before redesignation as section 237 by section 305(a)(2) of this division. (O) Section 245(e)(3) (8 U.S.C. 1255(e)(3)). (P) Section 247(a) (8 U.S.C. 1257(a)). (Q) 8 USC 1182 note. Section 601(c)(2) of the Immigration Act of 1990. (2) The following provisions are amended by striking “enter” and inserting “be admitted”: (A) Section 204(e) (8 U.S.C. 1154(e)). (B) Section 221(h) (8 U.S.C. 1201(h)). (C) Section 245(e)(2) (8 U.S.C. 1255(e)(2)). (3) The following provisions are amended by striking “enters” and inserting “is admitted to”: (A) 8 USC 1182. Section 212(j)(1)(D)(ii) (8 U.S.C. 1154(e)). (B) Section 214(c)(5)(B) (8 U.S.C. 1184(c)(5)(B)). (4) Subsection (a) of section 238 (8 U.S.C. 1228), before redesignation as section 233 by section 308(b)(4) of this division, is amended by striking “entry and inspection” and inserting “inspection and admission”. (5) Subsection (a)(1)(H)(ii) of section 241 (8 U.S.C. 1251), before redesignation as section 237 by section 305(a)(2) of this division, is amended by striking “at entry”. (6) Section 7 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403h) is amended by striking “that the entry”, “given entry into”, and “entering” and inserting “that the admission”, “admitted to”, and “admitted to”. (7) Section 4 of the Atomic Weapons and Special Nuclear Materials Rewards Act (50 U.S.C. 47c) is amended by striking “entry” and inserting “admission”. (g) Conforming References to Reorganized Sections.— (1) References to sections 232, 234, 238, 239, 240, 241, 242a, and 244a.— Any reference in law in effect on the day before the date of the enactment of this Act to section 232, 234, 238, 239, 240, 241, 8 USC 1182, 1221, 1224 note, 1252a, 1254a note, 1255a note, 1321, 1356, 1364, 1531; 42 USC 402. 242A, or 244A of the Immigration and Nationality Act (or a subdivision of such section) is deemed, as of the title III–A effective date, to refer to section 232(a), 232(b), 233, 234, 234A, 237, 238, or 244 of such Act (or the corresponding subdivision of such section), as redesignated by this subtitle. Any reference in law to section 241 (or a subdivision of such section) of the Immigration and Nationality Act in an amendment made by a subsequent subtitle of this title is deemed a reference (as of the title III–A effective date) to section 237 (or the corresponding subdivision of such section), as redesignated by this subtitle. (2) References to section 106.— (A) Sections 242A(b)(3) and 242A(c)(3)(A)(ii) (8 U.S.C. 1252a(b)(3), 1252a(c)(3)(A)(ii)), as amended by section 671(b)(13) of this division but before redesignation as section 238 by subsection (b)(5), are each amended by striking “106” and inserting “242”. (B) Sections 210(e)(3)(A) and 245A(f)(4)(A) (8 U.S.C. 1160(e)(3)(A), 1255a(f)(4)(A)) are amended by inserting “(as in effect before October 1, 1996)” after “106”. (C) Section 242A(c)(3)(A)(iii) (8 U.S.C. 1252a(c)(3)(A)(iii)), as amended by section 671(b)(13) of this division but before redesignation as section 238 by subsection (b)(5), is amended by striking “106(a)(1)” and inserting “242(b)(1)”. (3) References to section 236.— (A) Sections 205 and 209(a)(1) (8 U.S.C. 1155, 1159(a)(1)) are each amended by striking “236” and inserting “240”. (B) Section 4113(c) of title 18, United States Code, is amended by striking “1226 of title 8, United States Code” and inserting “240 of the Immigration and Nationality Act”. (4) References to section 237.— (A) Section 209(a)(1) (8 U.S.C. 1159(a)(1)) is amended by striking “237” and inserting “241”. (B) Section 212(d)(7) (8 U.S.C. 1182(d)(7)) is amended by striking “237(a)” and inserting “241(c)”. (C) Section 280(a) (8 U.S.C. 1330(a)) is amended by striking “237, 239, 243” and inserting “234, 243(c)(2)”. (5) References to section 242.— (A) (i) Sections 214(d), 252(b), and 287(f)(1) (8 U.S.C. 1184(d), 1282(b), 1357(f)(1)) are each amended by striking “242” and inserting “240”. (ii) Subsection (c)(4) of section 242A (8 U.S.C. 1252a), as amended by section 671(b)(13) of this division but before redesignation as section 238 by subsection (b)(5), are each amended by striking “242” and inserting “240”. (iii) Section 245A(a)(1)(B) (8 U.S.C. 1255a(a)(1)(B)) is amended by inserting “(as in effect before October 1, 1996)” after “242”. (iv) Section 4113 of title 18, United States Code, is amended— (I) in subsection (a), by striking “section 1252(b) or section 1254(e) of title 8, United States Code,” and inserting “section 240B of the Immigration and Nationality Act”; and (II) in subsection (b), by striking “section 1252 of title 8, United States Code,” and inserting “section 240 of the Immigration and Nationality Act”. (B) Section 130002(a) of Public Law 103–322, as 8 USC 1252 note. amended by section 345 of this division, is amended by striking “242(a)(3)(A)” and inserting “236(d)”. (C) Section 242A(b)(1) (8 U.S.C. 1252a(b)(1)), before redesignation as section 238 by section 308(b)(5) of this division, is amended by striking “242(b)” and inserting “240”. (D) Section 242A(c)(2)(D)(ii) (8 U.S.C. 1252a(c)(2)(D)(ii)), as amended by section 671(b)(13) of this division but before redesignation as section 238 by subsection (b)(5), is amended by striking “242(b)” and inserting “240”. (E) Section 1821(e) of title 28, United States Code, is amended by striking “242(b)” and inserting “240”. (F) 8 USC 1252 note. Section 130007(a) of Public Law 103–322 is amended by striking “242(i)” and inserting “239(d)”. (G) 8 USC 1252 note. Section 20301(c) of Public Law 103–322 is amended by striking “242(j)(5)” and “242(j)” and inserting “241(h)(5)” and “241(h)”, respectively. (6) References to section 242b.— (A) 8 USC 1254a note. Section 303(d)(2) of the Immigration Act of 1990 is amended by striking “242B” and inserting “240(b)(5)”. (B) 8 USC 1254b note. Section 545(g)(1)(B) of the Immigration Act of 1990 is amended by striking “242B(a)(4)” and inserting “239(a)(4)”. (7) References to section 243.— (A) Section 214(d) (8 U.S.C. 1184(d)) is amended by striking “243” and inserting “241”. (B) Section 504(k)(2) (8 U.S.C. 1534(k)(2)) is amended by striking “withholding of deportation under section 243(h)” and inserting “by withholding of removal under section 241(b)(3)”. (C) (i) Section 315(c) of the Immigration Reform and 8 USC 1253 note. Control Act of 1986 is amended by striking “243(g)” and “1253(g)”and inserting “243(d)” and “1253(d)” respectively. (ii) Section 702(b) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1988 is amended by striking “243(g)” 8 USC 1201 note. and inserting “243(d)”. (iii) Section 903(b) of Public Law 100–204 is amended 8 USC 1201 note. by striking “243(g)” and inserting “243(d)”. (D) (i) Section 6(f)(2)(F) of the Food Stamp Act of 1977 (7 U.S.C. 2015(f)(2)(F)) is amended by striking “243(h)” and inserting “241(b)(3)”. (ii) Section 214(a)(5) of the Housing and Community Development Act of 1980 (42 U.S.C. 1436a(a)(5)) is amended by striking “243(h)” and inserting “241(b)(3)”. (E) (i) Subsection (c)(2)(B)(ii) of section 244A (8 U.S.C. 1254a), before redesignated as section 244 by section 308(b)(7), is amended by striking “243(h)(2)” and inserting “208(b)(2)(A)”. (ii) Section 301(e)(2) of the Immigration Act of 1990 8 USC 1255a note. is amended by striking “243(h)(2)” and inserting “208(b)(2)(A)”. (F) Section 316(f) (8 U.S.C. 1427(f)) is amended by striking “subparagraphs (A) through (D) of paragraph 243(h)(2)” and inserting “clauses (i) through (v) of section 208(b)(2)(A)”. (8) References to section 244.— (A) (i) Section 201(b)(1)(D) (8 U.S.C. 1151(b)(1)(D)) and subsection (e) of section 244A (8 U.S.C. 1254a), before redesignation as section 244 by section 308(b)(7) of this division, are each amended by striking “244(a)” and inserting “240A(a)”. (ii) Section 304(c)(1)(B) of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (Public Law 102–232) is amended by striking “244(a)” and 8 USC 1254a note. inserting “240A(a)”. (B) Section 504(k)(3) (8 U.S.C. 1534(k)(3)) is amended by striking “suspension of deportation under subsection (a) or (e) of section 244” and inserting “cancellation of removal under section 240A”. (C) Section 304(c)(1)(B) of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (Public Law 102–232) is amended by striking “244(b)(2)” 8 USC 1254a note. and inserting “240A(b)(2)”. (D) Section 364(a)(2) of this division is amended by 8 USC 1367. striking “244(a)(3)” and inserting “240A(a)(3)”. (E) Section 431(c)(1)(B)(iii) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as added by section 501 of this division, is amended by striking 8 USC 1641. “suspension of deportation and adjustment of status pursuant to section 244(a)(3) of such Act” and inserting “cancellation of removal under section 240A of such Act”. (9) References to chapter 5.— (A) Sections 266(b), 266(c), and 291 (8 U.S.C. 1306(b), 1306(c), 1361) are each amended by striking “chapter 5” and inserting “chapter 4”. (B) Section 6(b) of the Act of August 1, 1956 (50 U.S.C. 855(b)) is amended by striking “chapter 5, title II, of the Immigration and Nationality Act (66 Stat. 163)” and inserting “chapter 4 of title II of the Immigration and Nationality Act”. (10) Miscellaneous cross-reference corrections for newly added provisions.— (A) Section 212(h), as amended by section 301(h) of 8 USC 1182. this division, is amended by striking “section 212(c)” and inserting “paragraphs (1) and (2) of section 240A(a)”. (B) Section 245(c)(6), as amended by section 332(d) 8 USC 1255. of this division, is amended by striking “241(a)(4)(B)” and inserting “237(a)(4)(B)”. (C) Section 249(d), as amended by section 332(e) of 8 USC 1259. this division, is amended by striking “241(a)(4)(B)” and inserting “237(a)(4)(B)”. (D) Section 274C(d)(7), as added by section 212(d) of 8 USC 1324c. this division, is amended by striking “withholding of deportation under section 243(h)” and inserting “withholding of removal under section 241(b)(3)”. (E) Section 3563(b)(21) of title 18, United States Code, as inserted by section 374(b) of this division, is amended by striking “242A(d)(5)” and inserting “238(d)(5)”. (F) Section 130007(a) of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322), 8 USC 1252 note. as amended by section 671(a)(6) of this division, is amended by striking “242A(a)(3)” and inserting “238(a)(3)”. (G) 8 USC 1368. Section 386(b) of this division is amended by striking “excludable” and “excludable” and inserting “inadmissible” and “inadmissible”, respectively, each place each appears. (H) Subsections (a), (c), (d), (g), and (h) of section 440 of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104–132), as amended by section 306(d) 8 USC 1105a, 1182, 1252, 1252a. of this division, are amended by striking “241(a)(2)(A)(ii)” and “241(a)(2)(A)(i)” and inserting “237(a)(2)(A)(ii)” and “237(a)(2)(A)(i)”, respectively. SEC. 309. EFFECTIVE DATES; TRANSITION. (a) 8 USC 1101 note. In General.— Except as provided in this section and sections 303(b)(2), 306(c), 308(d)(2)(D), or 308(d)(5) of this division, this subtitle and the amendments made by this subtitle shall take effect on the first day of the first month beginning more than 180 days after the date of the enactment of this Act (in this title referred to as the “title III–A effective date”). (b) Promulgation of Regulations.— The Attorney General shall first promulgate regulations to carry out this subtitle by not later than 30 days before the title III–A effective date. (c) Transition for Aliens in Proceedings.— (1) General rule that new rules do not apply.— Subject to the succeeding provisions of this subsection, in the case of an alien who is in exclusion or deportation proceedings as of the title III–A effective date— (A) the amendments made by this subtitle shall not apply, and (B) the proceedings (including judicial review thereof) shall continue to be conducted without regard to such amendments. (2) Attorney general option to elect to apply new procedures.— In a case described in paragraph (1) in which an evidentiary hearing under section 236 or 242 and 242B of the Immigration and Nationality Act has not commenced as of the title III–A effective date, the Attorney General may elect to proceed under chapter 4 of title II of such Act (as amended by this subtitle). The Attorney General shall provide notice of such election to the alien involved not later than 30 days before the date any evidentiary hearing is commenced. If the Attorney General makes such election, the notice of hearing provided to the alien under section 235 or 242(a) of such Act shall be valid as if provided under section 239 of such Act (as amended by this subtitle) to confer jurisdiction on the immigration judge. (3) Attorney general option to terminate and reinitiate proceedings.— In the case described in paragraph (1), the Attorney General may elect to terminate proceedings in which there has not been a final administrative decision and to reinitiate proceedings under chapter 4 of title II the Immigration and Nationality Act (as amended by this subtitle). Any determination in the terminated proceeding shall not be binding in the reinitiated proceeding. (4) Transitional changes in judicial review.— In the case described in paragraph (1) in which a final order of exclusion or deportation is entered more than 30 days after the date of the enactment of this Act, notwithstanding any provision of section 106 of the Immigration and Nationality Act (as in effect as of the date of the enactment of this Act) to the contrary— (A) in the case of judicial review of a final order of exclusion, subsection (b) of such section shall not apply and the action for judicial review shall be governed by the provisions of subsections (a) and (c) of such in the same manner as they apply to judicial review of orders of deportation; (B) a court may not order the taking of additional evidence under section 2347(c) of title 28, United States Code; (C) the petition for judicial review must be filed not later than 30 days after the date of the final order of exclusion or deportation; (D) the petition for review shall be filed with the court of appeals for the judicial circuit in which the administrative proceedings before the special inquiry officer or immigration judge were completed; (E) there shall be no appeal of any discretionary decision under section 212(c), 212(h), 212(i), 244, or 245 of the Immigration and Nationality Act (as in effect as of the date of the enactment of this Act); (F) service of the petition for review shall not stay the deportation of an alien pending the court’s decision on the petition, unless the court orders otherwise; and (G) there shall be no appeal permitted in the case of an alien who is inadmissible or deportable by reason of having committed a criminal offense covered in section 212(a)(2) or section 241(a)(2)(A)(iii), (B), (C), or (D) of the Immigration and Nationality Act (as in effect as of the date of the enactment of this Act), or any offense covered by section 241(a)(2)(A)(ii) of such Act (as in effect on such date) for which both predicate offenses are, without regard to their date of commission, otherwise covered by section 241(a)(2)(A)(i) of such Act (as so in effect). (5) Transitional rule with regard to suspension of deportation.— Paragraphs (1) and (2) of section 240A(d) of the Immigration and Nationality Act (relating to continuous residence or physical presence) shall apply to notices to appear issued before, on, or after the date of the enactment of this Act. (6) Transition for certain family unity aliens.— The Attorney General may waive the application of section 212(a)(9) of the Immigration and Nationality Act, as inserted by section 301(b)(1) of this division, in the case of an alien who is provided benefits under the provisions of section 301 of the Immigration Act of 1990 (relating to family unity). (7) Limitation on suspension of deportation.— The Attorney General may not suspend the deportation and adjust the status under section 244 of the Immigration and Nationality Act of more than 4,000 aliens in any fiscal year (beginning after the date of the enactment of this Act). The previous sentence shall apply regardless of when an alien applied for such suspension and adjustment. (d) Transitional References.— For purposes of carrying out the Immigration and Nationality Act, as amended by this subtitle— (1) any reference in section 212(a)(1)(A) of such Act to the term “inadmissible” is deemed to include a reference to the term “excludable”, and (2) any reference in law to an order of removal shall be deemed to include a reference to an order of exclusion and deportation or an order of deportation. (e) Transition.— No period of time before the date of the enactment of this Act shall be included in the period of 1 year described in section 212(a)(6)(B)(i) of the Immigration and Nationality Act (as amended by section 301(c) of this division). Subtitle B— Criminal Alien Provisions SEC. 321. AMENDED DEFINITION OF AGGRAVATED FELONY. (a) In General.— Section 101(a)(43) (8 U.S.C. 1101(a)(43)), as amended by section 441(e) of the Antiterrorism and Effective Death Penalty Act of 1996 (P.L. 104–132), is amended— (1) in subparagraph (A), by inserting “, rape, or sexual abuse of a minor” after “murder”; (2) in subparagraph (D), by striking “$100,000” and inserting “$10,000”; (3) in subparagraphs (F), (G), (N), and (P), by striking “is at least 5 years” each place it appears and inserting “at least one year”; (4) in subparagraph (J), by striking “sentence of 5 years’ imprisonment” and inserting “sentence of one year imprisonment”; (5) in subparagraph (K)(ii), by inserting “if committed” before “for commercial advantage”; (6) in subparagraph (L)— (A) by striking “or” at the end of clause (i), (B) by inserting “or” at the end of clause (ii), and (C) by adding at the end the following new clause: “(iii) section 601 of the National Security Act of 1947 (relating to protecting the identity of undercover agents);”; (7) in subparagraph (M), by striking “$200,000” each place it appears and inserting “$10,000”; (8) in subparagraph (N), by striking “for which the term” and all that follows and inserting the following: “, except in the case of a first offense for which the alien has affirmatively shown that the alien committed the offense for the purpose of assisting, abetting, or aiding only the alien’s spouse, child, or parent (and no other individual) to violate a provision of this Act”; (9) in subparagraph (P), by striking “18 months” and inserting “12 months, except in the case of a first offense for which the alien has affirmatively shown that the alien committed the offense for the purpose of assisting, abetting, or aiding only the alien’s spouse, child, or parent (and no other individual) to violate a provision of this Act”; (10) in subparagraph (R), by striking “for which a sentence of 5 years’ imprisonment or more may be imposed” and inserting “for which the term of imprisonment is at least one year”; and (11) in subparagraph (S), by striking “for which a sentence of 5 years’ imprisonment or more may be imposed” and inserting “for which the term of imprisonment is at least one year”. (b) Effective Date of Definition.— Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended by adding at the end the following new sentence: “Notwithstanding any other provision of law (including any effective date), the term applies regardless of whether the conviction was entered before, on, or after the date of enactment of this paragraph.”. (c) Effective Date.— The amendments made by this section 8 USC 1101 note. shall apply to actions taken on or after the date of the enactment of this Act, regardless of when the conviction occurred, and shall apply under section 276(b) of the Immigration and Nationality Act only to violations of section 276(a) of such Act occurring on or after such date. SEC. 322. DEFINITION OF CONVICTION AND TERM OF IMPRISONMENT. (a) Definition.— (1) In general.— Section 101(a) (8 U.S.C. 1101(a)) is amended by adding at the end the following new paragraph: “(48) (A) The term ‘conviction’ means, with respect to an alien, a formal judgment of guilt of the alien entered by a court or, if adjudication of guilt has been withheld, where— “(i) a judge or jury has found the alien guilty or the alien has entered a plea of guilty or nolo contendere or has admitted sufficient facts to warrant a finding of guilt, and “(ii) the judge has ordered some form of punishment, penalty, or restraint on the alien’s liberty to be imposed. “(B) Any reference to a term of imprisonment or a sentence with respect to an offense is deemed to include the period of incarceration or confinement ordered by a court of law regardless of any suspension of the imposition or execution of that imprisonment or sentence in whole or in part.”. (2) Conforming amendments.— (A) Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended by striking “imposed (regardless of any suspension of imprisonment)” each place it appears in subparagraphs (F), (G), (N), and (P). (B) Section 212(a)(2)(B) (8 U.S.C. 1182(a)(2)(B)) is amended by striking “actually imposed”. (b) Reference to Proof Provisions.— For provisions relating to proof of convictions, see subparagraphs (B) and (C) of section 240(c)(3) of the Immigration and Nationality Act, as inserted by section 304(a)(3) of this division. (c) 8 USC 1101 note. Effective Date.— The amendments made by subsection (a) shall apply to convictions and sentences entered before, on, or after the date of the enactment of this Act. Subparagraphs (B) and (C) of section 240(c)(3) of the Immigration and Nationality Act, as inserted by section 304(a)(3) of this division, shall apply to proving such convictions. SEC. 323. AUTHORIZING REGISTRATION OF ALIENS ON CRIMINAL PROBATION OR CRIMINAL PAROLE. Section 263(a) (8 U.S.C. 1303(a)) is amended by striking “and (5)” and inserting “(5) aliens who are or have been on criminal probation or criminal parole within the United States, and (6)”. SEC. 324. PENALTY FOR REENTRY OF DEPORTED ALIENS. (a) In General.— Section 276(a)(1) (8 U.S.C. 1326(a)(1)) is amended to read as follows: “(1) has been arrested and deported, has been excluded and deported, or has departed the United States while an order of exclusion or deportation is outstanding, and thereafter”. (b) Treatment of Stipulations.— The last sentence of section 276(b) (8 U.S.C. 1326(b)) is amended by inserting “(or not during)” after “during”. (c) 8 USC 1326 note. Effective Date.— The amendment made by subsection (a) shall apply to departures that occurred before, on, or after the date of the enactment of this Act, but only with respect to entries (and attempted entries) occurring on or after such date. SEC. 325. CHANGE IN FILING REQUIREMENT. Section 2424 of title 18, United States Code, is amended— (1) in the first undesignated paragraph of subsection (a)— (A) by striking “alien” each place it appears; (B) by inserting after “individual” the first place it appears the following: “, knowing or in reckless disregard of the fact that the individual is an alien”; and (C) by striking “within three years after that individual has entered the United States from any country, party to the arrangement adopted July 25, 1902, for the suppression of the white-slave traffic”; (2) in the second undesignated paragraph of subsection (a)— (A) by striking “thirty” and inserting “five business”; and (B) by striking “within three years after that individual has entered the United States from any country, party to the said arrangement for the suppression of the white-slave traffic,”; and (3) in the text following the third undesignated paragraph of subsection (a), by striking “two” and inserting “10”. SEC. 326. CRIMINAL ALIEN IDENTIFICATION SYSTEM. Subsection (a) of section 130002 of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322), as amended 8 USC 1252 note. by section 432 of Public Law 104–132, is amended to read as follows: “(a) Operation and Purpose.— The Commissioner of Immigration and Naturalization shall, under the authority of section 242(a)(3)(A) of the Immigration and Nationality Act operate a criminal alien identification system. The criminal alien identification system shall be used to assist Federal, State, and local law enforcement agencies in identifying and locating aliens who may be subject to removal by reason of their conviction of aggravated felonies, subject to prosecution under section 275 of such Act, not lawfully present in the United States, or otherwise removable. Such system shall include providing for recording of fingerprint records of aliens who have been previously arrested and removed into appropriate automated fingerprint identification systems.”. SEC. 327. APPROPRIATIONS FOR CRIMINAL ALIEN TRACKING CENTER. Section 130002(b) of the Violent Crime Control and Law Enforcement Act of 1994 (8 U.S.C. 1252 note) is amended— (1) by inserting “and” after “1996;”, and (2) by striking paragraph (2) and all that follows through the period at the end and inserting the following: “(2) $5,000,000 for each of fiscal years 1997 through 2001.”. SEC. 328. PROVISIONS RELATING TO STATE CRIMINAL ALIEN ASSISTANCE PROGRAM. (a) Modification of Authority.— (1) In general.— Section 241(i), as redesignated by section 306(a)(1) of this division, is amended— 8 USC 1231. (A) in paragraph (3)(A), by striking “felony and sentenced to a term of imprisonment” and inserting “felony or two or more misdemeanors”, and (B) by adding at the end the following new paragraph: “(6) To the extent of available appropriations, funds otherwise made available under this section with respect to a State (or political subdivision, including a municipality) for incarceration of an undocumented criminal alien may, at the discretion of the recipient of the funds, be used for the costs of imprisonment of such alien in a State, local, or municipal prison or jail.”. (2) Effective date.— The amendment made by paragraph 8 USC 1231 note. (1) shall apply beginning with fiscal year 1997. (b) Sense of the Congress With Respect to Program.— (1) Findings.— The Congress finds as follows: (A) Of the $130,000,000 appropriated in fiscal year 1995 for the State Criminal Alien Assistance Program, the Department of Justice disbursed the first $43,000,000 to States on October 6, 1994, 32 days before the 1994 general election, and then failed to disburse the remaining 87,000,000 until January 31, 1996, 123 days after the end of fiscal year 1995. (B) While H.R. 2880, the continuing appropriation measure funding certain operations of the Federal Government from January 26, 1996 to March 15, 1996, included $66,000,000 to reimburse States for the cost of incarcerating documented illegal immigrant felons, the Department of Justice failed to disburse any of the funds to the States during the period of the continuing appropriation. (2) Sense of the congress.— It is the sense of the Congress that— (A) the Department of Justice was disturbingly slow in disbursing fiscal year 1995 funds under the State Criminal Alien Assistance Program to States after the initial grants were released just prior to the 1994 election; and (B) the Attorney General should make it a high priority to expedite the disbursement of Federal funds intended to reimburse States for the cost of incarcerating illegal immigrants, aiming for all State Criminal Alien Assistance Program funds to be disbursed during the fiscal year for which they are appropriated. SEC. 329. DEMONSTRATION PROJECT FOR IDENTIFICATION OF ILLEGAL ALIENS IN INCARCERATION FACILITY OF ANAHEIM, CALIFORNIA. (a) Authority.— The Attorney General shall conduct a project demonstrating the feasibility of identifying, from among the individuals who are incarcerated in local governmental prison facilities prior to arraignment on criminal charges, those individuals who are aliens unlawfully present in the United States. (b) Description of Project.— The project authorized by subsection (a) shall include— (1) the detail to incarceration facilities within the city of Anaheim, California and the county of Ventura, California, of an employee of the Immigration and Naturalization Service who has expertise in the identification of aliens unlawfully in the United States, and (2) provision of funds sufficient to provide for— (A) access for such employee to records of the Service necessary to identify such aliens, and (B) in the case of an individual identified as such an alien, prearraignment reporting to the court regarding the Service’s intention to remove the alien from the United States. (c) Termination.— The authority under this section shall cease to be effective 6 months after the date of the enactment of this Act. SEC. 330. PRISONER TRANSFER TREATIES. (a) Negotiations With Other Countries.— (1) Congress advises the President to begin to negotiate and renegotiate, not later than 90 days after the date of enactment of this Act, bilateral prisoner transfer treaties, providing for the incarceration, in the country of the alien’s nationality, of any alien who— (A) is a national of a country that is party to such a treaty; and (B) has been convicted of a criminal offense under Federal or State law and who— (i) is not in lawful immigration status in the United States, or (ii) on the basis of conviction for a criminal offense under Federal or State law, or on any other basis, is subject to deportation or removal under the Immigration and Nationality Act, for the duration of the prison term to which the alien was sentenced for the offense referred to in subparagraph (B). Any such agreement may provide for the release of such alien pursuant to parole procedures of that country. (2) In entering into negotiations under paragraph (1), the President may consider providing for appropriate compensation, subject to the availability of appropriations, in cases where the United States is able to independently verify the adequacy of the sites where aliens will be imprisoned and the length of time the alien is actually incarcerated in the foreign country under such a treaty. (b) Sense of Congress.— It is the sense of the Congress that— (1) the focus of negotiations for such agreements should be— (A) to expedite the transfer of aliens unlawfully in the United States who are (or are about to be) incarcerated in United States prisons, (B) to ensure that a transferred prisoner serves the balance of the sentence imposed by the United States courts, (C) to eliminate any requirement of prisoner consent to such a transfer, and (D) to allow the Federal Government or the States to keep their original prison sentences in force so that transferred prisoners who return to the United States prior to the completion of their original United States sentences can be returned to custody for the balance of their prisons sentences; (2) the Secretary of State should give priority to concluding an agreement with any country for which the President determines that the number of aliens described in subsection (a) who are nationals of that country in the United States represents a significant percentage of all such aliens in the United States; and (3) no new treaty providing for the transfer of aliens from Federal, State, or local incarceration facilities to a foreign incarceration facility should permit the alien to refuse the transfer, (c) Prisoner Consent.—Notwithstanding any other provision of law, except as required by treaty, the transfer of an alien from a Federal, State, or local incarceration facility under an agreement of the type referred to in subsection (a) shall not require consent of the alien. (d) Annual Report.— Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Attorney General shall submit a report to the Committees on the Judiciary of the House of Representatives and of the Senate stating whether each prisoner transfer treaty to which the United States is a party has been effective in the preceding 12 months in bringing about the return of deportable incarcerated aliens to the country of which they are nationals and in ensuring that they serve the balance of their sentences. (e) Training Foreign Law Enforcement Personnel.— (1) Subject to paragraph (2), the President shall direct the Border Patrol Academy and the Customs Service Academy to enroll for training an appropriate number of foreign law enforcement personnel, and shall make appointments of foreign law enforcement personnel to such academies, as necessary to further the following United States law enforcement goals: (A) Preventing of drug smuggling and other cross-border criminal activity. (B) Preventing illegal immigration. (C) Preventing the illegal entry of goods into the United States (including goods the sale of which is illegal in the United States, the entry of which would cause a quota to be exceeded, or the appropriate duty or tariff for which has not been paid). (2) The appointments described in paragraph (1) shall be made only to the extent there is capacity in such academies beyond what is required to train United States citizens needed in the Border Patrol and Customs Service, and only of personnel from a country with which the prisoner transfer treaty has been stated to be effective in the most recent report referred to in subsection (d). (f) Authorization of Appropriations.— There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 331. PRISONER TRANSFER TREATIES STUDY. (a) Report to Congress.— Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Attorney General shall submit to the Committees on the Judiciary of the House of Representatives and of the Senate a report that describes the use and effectiveness of the prisoner transfer treaties with the three countries with the greatest number of their nationals incarcerated in the United States in removing from the United States such incarcerated nationals. (b) Use of Treaty.— The report under subsection (a) shall include— (1) the number of aliens convicted of a criminal offense in the United States since November 30, 1977, who would have been or are eligible for transfer pursuant to the treaties; (2) the number of aliens described in paragraph (1) who have been transferred pursuant to the treaties; (3) the number of aliens described in paragraph (2) who have been incarcerated in full compliance with the treaties; (4) the number of aliens who are incarcerated in a penal institution in the United States who are eligible for transfer pursuant to the treaties; and (5) the number of aliens described in paragraph (4) who are incarcerated in Federal, State, and local penal institutions in the United States. (c) Recommendations.— The report under subsection (a) shall include the recommendations of the Secretary of State and the Attorney General to increase the effectiveness and use of, and full compliance with, the treaties. In considering the recommendations under this subsection, the Secretary and the Attorney General shall consult with such State and local officials in areas disproportionately impacted by aliens convicted of criminal offenses as the Secretary and the Attorney General consider appropriate. Such recommendations shall address— (1) changes in Federal laws, regulations, and policies affecting the identification, prosecution, and deportation of aliens who have committed criminal offenses in the United States; (2) changes in State and local laws, regulations, and policies affecting the identification, prosecution, and deportation of aliens who have committed a criminal offense in the United States; (3) changes in the treaties that may be necessary to increase the number of aliens convicted of criminal offenses who may be transferred pursuant to the treaties; (4) methods for preventing the unlawful reentry into the United States of aliens who have been convicted of criminal offenses in the United States and transferred pursuant to the treaties; (5) any recommendations by appropriate officials of the appropriate government agencies of such countries regarding programs to achieve the goals of, and ensure full compliance with, the treaties; (6) whether the recommendations under this subsection require the renegotiation of the treaties; and (7) the additional funds required to implement each recommendation under this subsection. SEC. 332. ANNUAL REPORT ON CRIMINAL ALIENS. Not later than 12 months after the date of the enactment of this Act, and annually thereafter, the Attorney General shall submit to the Committees on the Judiciary of the House of Representatives and of the Senate a report detailing— (1) the number of illegal aliens incarcerated in Federal and State prisons for having committed felonies, stating the number incarcerated for each type of offense; (2) the number of illegal aliens convicted of felonies in any Federal or State court, but not sentenced to incarceration, in the year before the report was submitted, stating the number convicted for each type of offense; (3) programs and plans underway in the Department of Justice to ensure the prompt removal from the United States of criminal aliens subject to removal; and (4) methods for identifying and preventing the unlawful reentry of aliens who have been convicted of criminal offenses in the United States and removed from the United States. SEC. 333. PENALTIES FOR CONSPIRING WITH OR ASSISTING AN ALIEN TO COMMIT AN OFFENSE UNDER THE CONTROLLED SUBSTANCES IMPORT AND EXPORT ACT. (a) Review of Guidelines.— Not later than 6 months after the date of the enactment of this Act, the United States Sentencing Commission shall conduct a review of the guidelines applicable to an offender who conspires with, or aids or abets, a person who is not a citizen or national of the United States in committing any offense under section 1010 of the Controlled Substance Import and Export Act (21 U.S.C. 960). (b) Revision of Guidelines.— Following such review, pursuant to section 994(p) of title 28, United States Code, the Commission shall promulgate sentencing guidelines or amend existing sentencing guidelines to ensure an appropriately stringent sentence for such offenders. SEC. 334. ENHANCED PENALTIES FOR FAILURE TO DEPART, ILLEGAL REENTRY, AND PASSPORT AND VISA FRAUD. (a) Failing to Depart.— The United States Sentencing Commission shall promptly promulgate, pursuant to section 994 of title 28, United States Code, amendments to the sentencing guidelines to make appropriate increases in the base offense level for offenses under section 242(e) and 276(b) of the Immigration and Nationality Act (8 U.S.C. 1252(e) and 1326(b)) to reflect the amendments made by section 130001 of the Violent Crime Control and Law Enforcement Act of 1994. (b) Passport and Visa Offenses.— The United States Sentencing Commission shall promptly promulgate, pursuant to section 994 of title 28, United States Code, amendments to the sentencing guidelines to make appropriate increases in the base offense level for offenses under chapter 75 of title 18, United States Code to reflect the amendments made by section 130009 of the Violent Crime Control and Law Enforcement Act of 1994. Subtitle C— Revision of Grounds for Exclusion and Deportation SEC. 341. PROOF OF VACCINATION REQUIREMENT FOR IMMIGRANTS. (a) In General.— Section 212(a)(1)(A) (8 U.S.C. 1182(a)(1)(A)) is amended— (1) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively, and (2) by inserting after clause (i) the following new clause: “(ii) who seeks admission as an immigrant, or who seeks adjustment of status to the status of an alien lawfully admitted for permanent residence, and who has failed to present documentation of having received vaccination against vaccine-preventable diseases, which shall include at least the following diseases: mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B and hepatitis B, and any other vaccinations against vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices,”. (b) Waiver.— Section 212(g) (8 U.S.C. 1182(g)) is amended by striking “, or” at the end of paragraph (1) and all that follows and inserting a semicolon and the following: “in accordance with such terms, conditions, and controls, if any, including the giving of bond, as the Attorney General, in the discretion of the Attorney General after consultation with the Secretary of Health and Human Services, may by regulation prescribe; “(2) subsection (a)(1)(A)(ii) in the case of any alien— “(A) who receives vaccination against the vaccine-preventable disease or diseases for which the alien has failed to present documentation of previous vaccination, “(B) for whom a civil surgeon, medical officer, or panel physician (as those terms are defined by section 34.2 of title 42 of the Code of Federal Regulations) certifies, according to such regulations as the Secretary of Health and Human Services may prescribe, that such vaccination would not be medically appropriate, or “(C) under such circumstances as the Attorney General provides by regulation, with respect to whom the requirement of such a vaccination would be contrary to the alien’s religious beliefs or moral convictions; or “(3) subsection (a)(1)(A)(iii) in the case of any alien, in accordance with such terms, conditions, and controls, if any, including the giving of bond, as the Attorney General, in the discretion of the Attorney General after consultation with the Secretary of Health and Human Services, may by regulation prescribe.”. (c) Effective Date.— The amendments made by this section 8 USC 1182 note. shall apply with respect to applications for immigrant visas or for adjustment of status filed after September 30, 1996. SEC. 342. INCITEMENT OF TERRORIST ACTIVITY AND PROVISION OF FALSE DOCUMENTATION TO TERRORISTS AS A BASIS FOR EXCLUSION FROM THE UNITED STATES. (a) In General.— Section 212(a)(3)(B) (8 U.S.C. 1182(a)(3)(B)) is amended— (1) by redesignating subclauses (III) and (IV) of clause (i) as subclauses (IV) and(V), respectively; (2) by inserting after subclause (II) of clause (i) the following new subclause: “(III) has, under circumstances indicating an intention to cause death or serious bodily harm, incited terrorist activity,”; and (3) in clause (iii)(III), by inserting “documentation or” before “identification”; (b) Effective Date.— The amendments made by subsection 8 USC 1182 note. (a) shall take effect on the date of the enactment of this Act and shall apply to incitement regardless of when it occurs. SEC. 343. CERTIFICATION REQUIREMENTS FOR FOREIGN HEALTH-CARE WORKERS. Section 212(a)(5) (8 U.S.C. 1182(a)(5)) is amended— (1) by redesignating subparagraph (C) as subparagraph (D), and (2) by inserting after subparagraph (B) the following new subparagraph: “(C) Uncertified foreign health-care workers.— Any alien who seeks to enter the United States for the purpose of performing labor as a health-care worker, other than a physician, is excludable unless the alien presents to the consular officer, or, in the case of an adjustment of status, the Attorney General, a certificate from the Commission on Graduates of Foreign Nursing Schools, or a certificate from an equivalent independent credentialing organization approved by the Attorney General in consultation with the Secretary of Health and Human Services, verifying that— “(i) the alien’s education, training, license, and experience— “(I) meet all applicable statutory and regulatory requirements for entry into the United States under the classification specified in the application; “(II) are comparable with that required for an American health-care worker of the same type; and “(III) are authentic and, in the case of a license, unencumbered; “(ii) the alien has the level of competence in oral and written English considered by the Secretary of Health and Human Services, in consultation with the Secretary of Education, to be appropriate for health care work of the kind in which the alien will be engaged, as shown by an appropriate score on one or more nationally recognized, commercially available, standardized assessments of the applicant’s ability to speak and write; and “(iii) if a majority of States licensing the profession in which the alien intends to work recognize a test predicting the success on the profession’s licensing or certification examination, the alien has passed such a test or has passed such an examination. For purposes of clause (ii), determination of the standardized tests required and of the minimum scores that are appropriate are within the sole discretion of the Secretary of Health and Human Services and are not subject to further administrative or judicial review.”. SEC. 344. REMOVAL OF ALIENS FALSELY CLAIMING UNITED STATES CITIZENSHIP. (a) Exclusion of Aliens Who Have Falsely Claimed United States Citizenship.— Section 212(a)(6)(C) (8 U.S.C. 1182(a)(6)(C)) is amended— (1) by redesignating clause (ii) as clause (iii), and (2) by inserting after clause (i) the following new clause: “(ii) Falsely claiming citizenship.— Any alien who falsely represents, or has falsely represented, himself or herself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A) or any other Federal or State law is excludable.”. (b) Deportation of Aliens Who Have Falsely Claimed United States Citizenship.— Section 241(a)(3) (8 U.S.C. 1251(a)(3)) is amended by adding at the end the following new subparagraph: “(D) Falsely claiming citizenship.— Any alien who falsely represents, or has falsely represented, himself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A) or any Federal or State law is deportable.”. (c) 8 USC 1182 note. Effective Date.— The amendments made by this section shall apply to representations made on or after the date of the enactment of this Act. SEC. 345. WAIVER OF EXCLUSION AND DEPORTATION GROUND FOR CERTAIN SECTION 274C VIOLATORS. (a) Exclusion Grounds.— Section 212 (8 U.S.C. 1182) is amended— (1) by amending subparagraph (F) of subsection (a)(6) to read as follows: “(F) Subject of civil penalty.— “(i) In general.— An alien who is the subject of a final order for violation of section 274C is inadmissible. “(ii) Waiver authorized.— For provision authorizing waiver of clause (i), see subsection (d)(12).”; and (2) by adding at the end of subsection (d) the following new paragraph: “(12) The Attorney General may, in the discretion of the Attorney General for humanitarian purposes or to assure family unity, waive application of clause (i) of subsection (a)(6)(F)— “(A) in the case of an alien lawfully admitted for permanent residence who temporarily proceeded abroad voluntarily and not under an order of deportation or removal and who is otherwise admissible to the United States as a returning resident under section 211(b), and “(B) in the case of an alien seeking admission or adjustment of status under section 201(b)(2)(A) or under section 203(a), if no previous civil money penalty was imposed against the alien under section 274C and the offense was committed solely to assist, aid, or support the alien’s spouse or child (and not another individual). No court shall have jurisdiction to review a decision of the Attorney General to grant or deny a waiver under this paragraph.”. (b) Ground of Deportation.— Subparagraph (C) of section 241(a)(3) (8 U.S.C. 1251(a)(3)), before redesignation by section 305(a)(2) of this division, is amended to read as follows: “(C) Document fraud.— “(i) In general.— An alien who is the subject of a final order for violation of section 274C is deportable. “(ii) Waiver authorized.— The Attorney General may waive clause (i) in the case of an alien lawfully admitted for permanent residence if no previous civil money penalty was imposed against the alien under section 274C and the offense was incurred solely to assist, aid, or support the alien’s spouse or child (and no other individual). No court shall have jurisdiction to review a decision of the Attorney General to grant or deny a waiver under this clause.”. SEC. 346. INADMISSIBILITY OF CERTAIN STUDENT VISA ABUSERS. (a) In General.— Section 212(a)(6) (8 U.S.C. 1182(a)(6)) is amended by adding at the end the following new subparagraph: “(G) Student visa abusers.— An alien who obtains the status of a nonimmigrant under section 101(a)(15)(F)(i) and who violates a term or condition of such status under section 214(1) is excludable until the alien has been outside the United States for a continuous period of 5 years after the date of the violation.”. (b) Effective Date.— The amendment made by subsection (a) 8 USC 1182 note. shall apply to aliens who obtain the status of a nonimmigrant under section 101(a)(15)(F) of the Immigration and Nationality Act after the end of the 60-day period beginning on the date of the enactment of this Act, including aliens whose status as such a nonimmigrant is extended after the end of such period. SEC. 347. REMOVAL OF ALIENS WHO HAVE UNLAWFULLY VOTED. (a) Exclusion of Aliens Who Have Unlawfully Voted.— Section 212(a)(10) (8 U.S.C. 1182(a)(10)), as redesignated by section 301(b) of this division, is amended by adding at the end the following new subparagraph: “(D) Unlawful voters.— Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is excludable.”. (b) Deportation of Aliens Who Have Unlawfully Voted.— Section 241(a) (8 U.S.C. 1251(a)), before redesignation by section 305(a)(2) of this division, is amended by adding at the end the following new paragraph: “(6) Unlawful voters.— Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is deportable.”. (c) 8 USC 1182 note. Effective Date.— The amendments made by this section shall apply to voting occurring before, on, or after the date of the enactment of this Act. SEC. 348. WAIVERS FOR IMMIGRANTS CONVICTED OF CRIMES. (a) In General.— Section 212(h) (8 U.S.C. 1182(h)) is amended by adding at the end the following: “No waiver shall be granted under this subsection in the case of an alien who has previously been admitted to the United States as an alien lawfully admitted for permanent residence if either since the date of such admission the alien has been convicted of an aggravated felony or the alien has not lawfully resided continuously in the United States for a period of not less than 7 years immediately preceding the date of initiation of proceedings to remove the alien from the United States. No court shall have jurisdiction to review a decision of the Attorney General to grant or deny a waiver under this subsection.”. (b) 8 USC 1182 note. Effective Date.— The amendment made by subsection (a) shall be effective on the date of the enactment of this Act and shall apply in the case of any alien who is in exclusion or deportation proceedings as of such date unless a final administrative order in such proceedings has been entered as of such date. SEC. 349. WAIVER OF MISREPRESENTATION GROUND OF INADMISSIBILITY FOR CERTAIN ALIEN. Subsection (i) of section 212 (8 U.S.C. 1182) is amended to read as follows: “(i) (1) The Attorney General may, in the discretion of the Attorney General, waive the application of clause (i) of subsection (a)(6)(C) in the case of an immigrant who is the spouse, son, or daughter of a United States citizen or of an alien lawfully admitted for permanent residence if it is established to the satisfaction of the Attorney General that the refusal of admission to the United States of such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such an alien. “(2) No court shall have jurisdiction to review a decision or action of the Attorney General regarding a waiver under paragraph (1).”. SEC. 350. OFFENSES OF DOMESTIC VIOLENCE AND STALKING AS GROUND FOR DEPORTATION. (a) In General.— Section 241(a)(2) (8 U.S.C. 1251(a)(2)) is amended by adding at the end the following: “(E) Crimes of domestic violence, stalking, or violation of protection order, crimes against children and .— “(i) Domestic violence, stalking, and child abuse.—Any alien who at any time after entry is convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment is deportable. For purposes of this clause, the term ‘crime of domestic violence’ means any crime of violence (as defined in section 16 of title 18, United States Code) against a person committed by a current or former spouse of the person, by an individual with whom the person shares a child in common, by an individual who is cohabiting with or has cohabited with the person as a spouse, by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs, or by any other individual against a person who is protected from that individual’s acts under the domestic or family violence laws of the United States or any State, Indian tribal government, or unit of local government. “(ii) Violators of protection orders.—Any alien who at any time after entry is enjoined under a protection order issued by a court and whom the court determines has engaged in conduct that violates the portion of a protection order that involves protection against credible threats of violence, repeated harassment, or bodily injury to the person or persons for whom the protection order was issued is deportable. For purposes of this clause, the term ‘protection order’ means any injunction issued for the purpose of preventing violent or threatening acts of domestic violence, including temporary or final orders issued by civil or criminal courts (other than support or child custody orders or provisions) whether obtained by filing an independent action or as a pendente lite order in another proceeding.”. (b) Effective Date.— The amendment made by subsection (a) 8 USC 1227 note. shall apply to convictions, or violations of court orders, occurring after the date of the enactment of this Act. SEC. 351. CLARIFICATION OF DATE AS OF WHICH RELATIONSHIP REQUIRED FOR WAIVER FROM EXCLUSION OR DEPORTATION FOR SMUGGLING. (a) Exclusion.— Section 212(d)(11) (8 U.S.C. 1182(d)(11)) is amended by inserting “an individual who at the time of such action was” after “aided only”. (b) Deportation.— Section 241(a)(1)(E)(iii) (8 U.S.C. 1251(a)(1)(E)(iii)) is amended by inserting “an individual who at the time of the offense was” after “aided only”. (c) Effective Date.— The amendments made by this section 8 USC 1182 note. shall apply to applications for waivers filed before, on, or after the date of the enactment of this Act, but shall not apply to such an application for which a final determination has been made as of the date of the enactment of this Act. SEC. 352. EXCLUSION OF FORMER CITIZENS WHO RENOUNCED CITIZENSHIP TO AVOID UNITED STATES TAXATION. (a) In General.— Section 212(a)(10) (8 U.S.C. 1182(a)(10)), as redesignated by section 301(b) of this division and as amended by section 347(a) of this division, is amended by adding at the end the following: “(E) Former citizens who renounced citizenship to avoid taxation.— Any alien who is a former citizen of the United States who officially renounces United States citizenship and who is determined by the Attorney General to have renounced United States citizenship for the purpose of avoiding taxation by the United States is excludable.”. (b) 8 USC 1182 note. Effective Date.— The amendment made by subsection (a) shall apply to individuals who renounce United States citizenship on and after the date of the enactment of this Act. SEC. 353. REFERENCES TO CHANGES ELSEWHERE IN DIVISION. (a) Deportation for High Speed Flight.— For provision making high speed flight from an immigration checkpoint subject to deportation, see section 108(c) of this division. (b) Inadmissibility of Aliens Previously Removed and Unlawfully Present.— For provision making aliens previously removed and unlawfully present in the United States inadmissible, see section 301(b) of this division. (c) Inadmissibility of Illegal Entrants.— For provision revising the ground of inadmissibility for illegal entrants and immigration violators, see section 301(c) of this division. (d) Deportation for Visa Violators.— For provision revising the ground of deportation for illegal entrants, see section 301(d) of this division. (e) Labor Certifications for Professional Athletes.— For provision providing for continued validity of labor certifications and classification petitions for professional athletes, see section 624 of this division. Subtitle D— Changes in Removal of Alien Terrorist Provisions SEC. 354. TREATMENT OF CLASSIFIED INFORMATION. (a) Limitation on Provision of Summaries; Use of Special Attorneys in Challenges to Classified Information.— (1) No provision of summary in certain cases.— Section 504(e)(3)(D) (8 U.S.C. 1534(e)(3)(D)) is amended— (A) in clause (ii), by inserting before the period at the end the following: “unless the judge makes the findings under clause (iii)”, and (B) by adding at the end the following new clause: “(iii) Findings.— The findings described in this clause are, with respect to an alien, that— “(I) the continued presence of the alien in the United States would likely cause serious and irreparable harm to the national security or death or serious bodily injury to any person, and “(II) the provision of the summary would likely cause serious and irreparable harm to the national security or death or serious bodily injury to any person.”. (2) Special challenge procedures.— Section 504(e)(3) (8 U.S.C. 1534(e)(3)) is amended by adding at the end the following new subparagraphs: “(E) Continuation of hearing without summary.— If a judge makes the findings described in subparagraph (D)(iii)— “(i) if the alien involved is an alien lawfully admitted for permanent residence, the procedures described in subparagraph (F) shall apply; and “(ii) in all cases the special removal hearing shall continue, the Department of Justice shall cause to be delivered to the alien a statement that no summary is possible, and the classified information submitted in camera and ex parte may be used pursuant to this paragraph. “(F) Special procedures for access and challenges to classified information by special attorneys in case of lawful permanent aliens.— “(i) In general.— The procedures described in this subparagraph are that the judge (under rules of the removal court) shall designate a special attorney to assist the alien— “(I) by reviewing in camera the classified information on behalf of the alien, and “(II) by challenging through an in camera proceeding the veracity of the evidence contained in the classified information. “(ii) Restrictions on disclosure.— A special attorney receiving classified information under clause (i)— “(I) shall not disclose the information to the alien or to any other attorney representing the alien, and “(II) who discloses such information in violation of subclause (I) shall be subject to a fine under title 18, United States Code, imprisoned for not less than 10 years nor more than 25 years, or both.”. (3) Appeals.— Section 505(c) (8 U.S.C. 1535(c)) is amended— (A) in paragraph (1), by striking “The decision” and inserting “Subject to paragraph (2), the decision”; (B) in paragraph (3)(D), by inserting before the period at the end the following: “, except that in the case of a review under paragraph (2) in which an alien lawfully admitted for permanent residence was denied a written summary of classified information under section 504(c)(3), the Court of Appeals shall review questions of fact de novo”; (C) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (D) by inserting after paragraph (1) the following new paragraph: “(2) Automatic appeals in cases of permanent resident aliens in which no summary provided.— “(A) In general.— Unless the alien waives the right to a review under this paragraph, in any case involving an alien lawfully admitted for permanent residence who is denied a written summary of classified information under section 504(e)(3) and with respect to which the procedures described in section 504(e)(3)(F) apply, any order issued by the judge shall be reviewed by the Court of Appeals for the District of Columbia Circuit. “(B) Use of special attorney.— With respect to any issue relating to classified information that arises in such review, the alien shall be represented only by the special attorney designated under section 504(e)(3)(F)(i) on behalf of the alien.”. (4) Establishment of panel of special attorneys.— Section 502 (8 U.S.C. 1532) is amended by adding at the end the following new subsection: “(e) Establishment of Panel of Special Attorneys.— The removal court shall provide for the designation of a panel of attorneys each of whom— “(1) has a security clearance which affords the attorney access to classified information, and “(2) has agreed to represent permanent resident aliens with respect to classified information under section 504(e)(3) in accordance with (and subject to the penalties under) this title.”. (5) Definition of special attorney.— Section 501 (8 U.S.C. 1531) is amended— (A) by striking “and” at the end of paragraph (5), (B) by striking the period at the end of paragraph (6) and inserting “; and”, and (C) by adding at the end the following new paragraph: “(7) the term ‘special attorney” means an attorney who is on the panel established under section 502(e).”. (b) Other Provisions Relating to Classified Information.— (1) Introduction of classified information.— Section 504(e) (8 U.S.C. 1534(e)) is amended— (A) in paragraph (1)— (i) by inserting after “(A)” the following: “the Government is authorized to use in a removal proceedings the fruits of electronic surveillance and unconsented physical searches authorized under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) without regard to subsections (c), (e), (f), (g), and (h) of section 106 of that Act and”, and (ii) by striking “the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.)” and inserting “such Act”; and (B) by striking the period at the end of paragraph (3)(A) and inserting the following: “and neither the alien nor the public shall be informed of such evidence or its sources other than through reference to the summary provided pursuant to this paragraph. Notwithstanding the previous sentence, the Department of Justice may, in its discretion and, in the case of classified information, after coordination with the originating agency, elect to introduce such evidence in open session.”. (2) Maintenance of confidentiality of classified information in arguments.— Section 504(f) (8 U.S.C. 1534(f)) is amended by adding at the end the following: “The judge may allow any part of the argument that refers to evidence received in camera and ex parte to be heard in camera and ex parte.”. (3) Maintenance of confidentiality of classified information in orders.— Section 504(j) (8 U.S.C. 1534(j)) is amended by adding at the end the following: “Any portion of the order that would reveal the substance or source of information received in camera and ex parte pursuant to subsection (e) shall not be made available to the alien or the public.”. SEC. 355. EXCLUSION OF REPRESENTATIVES OF TERRORISTS ORGANIZATIONS. Section 212(a)(3)(B)(i)(IV) (8 U.S.C. 1182(a)(3)(B)(i)(VI)), as inserted by section 411(1)(C) of Public Law 104–132, is amended by inserting “which the alien knows or should have known is a terrorist organization” after “219,”. SEC. 356. STANDARD FOR JUDICIAL REVIEW OF TERRORIST ORGANIZATION DESIGNATIONS. Section 219(b)(3) (8 U.S.C. 1189(b)(3)), as added by section 302(a) of Public Law 104–132, is amended— (1) by striking “or” at the end of subparagraph (B), (2) by striking the period at the end of subparagraph (C) and inserting a semicolon, and (3) by adding at the end the following: “(D) lacking substantial support in the administrative record taken as a whole or in classified information submitted to the court under paragraph (2), or “(E) not in accord with the procedures required by law.” SEC. 357. REMOVAL OF ANCILLARY RELIEF FOR VOLUNTARY DEPARTURE. Section 504(k) (8 U.S.C. 1534(k)) is amended— (1) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), and (2) by inserting after paragraph (3) the following new paragraph: “(4) voluntary departure under section 244(e);”. SEC. 358. EFFECTIVE DATE. The amendments made by this subtitle shall be effective as if included in the enactment of subtitle A of title IV of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104–132). Subtitle E— Transportation of Aliens SEC. 361. DEFINITION OF STOWAWAY. (a) Stowaway Defined.— Section 101(a) (8 U.S.C. 1101(a)), as amended by section 322(a)(1) of this division, is amended by adding at the end the following new paragraph: “(49) The term ‘stowaway’ means any alien who obtains transportation without the consent of the owner, charterer, master or person in command of any vessel or aircraft through concealment aboard such vessel or aircraft. A passenger who boards with a valid ticket is not to be considered a stowaway.”. (b) 8 USC 1101 note. Effective Date.— The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. SEC. 362. TRANSPORTATION CONTRACTS. (a) Coverage of Noncontiguous Territory.— Section 238 (8 U.S.C. 1228), before redesignation as section 233 under section 308(b)(4) of this division, is amended— (1) in the heading, by striking “contiguous”, and (2) by striking “contiguous” each place it appears in subsections (a), (b), and (d). (b) Coverage of Railroad Train.— Subsection (d) of such section is further amended by inserting “or railroad train” after “aircraft”. Subtitle F— Additional Provisions SEC. 371. IMMIGRATION JUDGES AND COMPENSATION. (a) Definition of Term.— Paragraph (4) of section 101(b) (8 U.S.C. 1101(b)) is amended to read as follows: “(4) The term ‘immigration judge’ means an attorney whom the Attorney General appoints as an administrative judge within the Executive Office for Immigration Review, qualified to conduct specified classes of proceedings, including a hearing under section 240. An immigration judge shall be subject to such supervision and shall perform such duties as the Attorney General shall prescribe, but shall not be employed by the Immigration and Naturalization Service.”. (b) Substitution for Term “Special Inquiry Officer”.— The Immigration and Nationality Act is amended by striking “a special inquiry officer”, “A special inquiry officer”, “special inquiry officer”, and “special inquiry officers” and inserting “an immigration judge”, “An immigration judge”, “immigration judge”, and “immigration judges”, respectively, each place it appears in the following sections: (1) Section 106(a)(2) (8 U.S.C!. 1105a(a)(2)), before its repeal by section 306(c) of this division. (2) Section 209(a)(2) (8 U.S.C. 1159(a)(2)). (3) Section 234 (8 U.S.C. 1224), before redesignation by section 308(b) of this division. (4) Section 235 (8 U.S.C. 1225), before amendment by section 302(a) of this division. (5) Section 236 (8 U.S.C. 1226), before amendment by section 303 of this division. (6) Section 242(b) (8 U.S.C. 1252(b)), before amendment by section 306(a)(2) of this division. (7) Section 242B(d)(1) (8 U.S.C. 1252b(d)(D), before repeal by section 306(b)(6) of this division. (8) Section 273(d) (8 U.S.C. 1323(d)), before its repeal by section 308(e)(13) of this division. (9) Section 292 (8 U.S.C. 1362). (c) 8 USC 1103 note. Compensation for Immigration Judges.— (1) In general.— There shall be four levels of pay for immigration judges, under the Immigration Judge Schedule (designated as IJ–1, 2, 3, and 4, respectively), and each such judge shall be paid at one of those levels, in accordance with the provisions of this subsection. (2) Rates of pay.— (A) The rates of basic pay for the levels established under paragraph (1) shall be as follows: IJ–1 70% of the next to highest rate of basic pay for the Senior Executive Service IJ–2 80% of the next to highest rate of basic pay for the Senior Executive Service IJ–3 90% of the next to highest rate of basic pay for the Senior Executive Service IJ–4 92% of the next to highest rate of basic pay for the Senior Executive Service. (B) Locality pay, where applicable, shall be calculated into the basic pay for immigration judges. (3) Appointment.— (A) Upon appointment, an immigration judge shall be paid at IJ–1, and shall be advanced to IJ–2 upon completion of 104 weeks of service, to IJ–3 upon completion of 104 weeks of service in the next lower rate, and to IJ–4 upon completion of 52 weeks of service in the next lower rate. (B) Notwithstanding subparagraph (A), the Attorney General may provide for appointment of an immigration judge at an advanced rate under such circumstances as the Attorney General may determine appropriate. (4) Transition.— Immigration judges serving as of the effective date shall be paid at the rate that corresponds to the amount of time, as provided under paragraph (3)(A), that they have served as an immigration judge, and in no case shall be paid less after the effective date than the rate of pay prior to the effective date. (d) Effective Dates.— (1) Subsections (a) and (b) shall take effect on the date 8 USC 1101 note. of the enactment of this Act. (2) Subsection (c) shall take effect 90 days after the date 8 USC 1103 note. of the enactment of this Act. SEC. 372. DELEGATION OF IMMIGRATION ENFORCEMENT AUTHORITY. Section 103(a) (8 U.S.C. 1103(a)) is amended— (1) inserting “(1)” after “(a)”, (2) by designating each sentence (after the first sentence) as a separate paragraph with appropriate consecutive numbering and initial indentation, (3) by adding at the end the following new paragraph: “(8) In the event the Attorney General determines that an actual or imminent mass influx of aliens arriving off the coast of the United States, or near a land border, presents urgent circumstances requiring an immediate Federal response, the Attorney General may authorize any State or local law enforcement officer, with the consent of the head of the department, agency, or establishment under whose jurisdiction the individual is serving, to perform or exercise any of the powers, privileges, or duties conferred or imposed by this Act or regulations issued thereunder upon officers or employees of the Service.”. SEC. 373. POWERS AND DUTIES OF THE ATTORNEY GENERAL AND THE COMMISSIONER. Section 103 (8 U.S.C. 1103) is amended— (1) by adding at the end of subsection (a) the following new paragraph: “(9) The Attorney General, in support of persons in administrative detention in non-Federal institutions, is authorized— “(A) to make payments from funds appropriated for the administration and enforcement of the laws relating to immigration, naturalization, and alien registration for necessary clothing, medical care, necessary guard hire, and the housing, care, and security of persons detained by the Service pursuant to Federal law under an agreement with a State or political subdivision of a State; and “(B) to enter into a cooperative agreement with any State, territory, or political subdivision thereof, for the necessary construction, physical renovation, acquisition of equipment, supplies or materials required to establish acceptable conditions of confinement and detention services in any State or unit of local government which agrees to provide guaranteed bed space for persons detained by the Service.”; and (2) by adding at the end of subsection (c), as redesignated by section 102(d)( 1) of this division, the following: “The Commissioner may enter into cooperative agreements with State and local law enforcement agencies for the purpose of assisting in the enforcement of the immigration laws.”. SEC. 374. JUDICIAL DEPORTATION. (a) In General.— Section 242A(d) (8 U.S.C. 1252a(d)), as added by section 224(a) of Immigration and Nationality Technical Corrections Act of 1994 and before redesignation by section 308(b)(5) of this division, is amended— (1) in paragraph (1), by striking “whose criminal conviction causes such alien to be deportable under section 241(a)(2)(A)” and inserting “who is deportable”; (2) in paragraph (4), by striking “without a decision on the merits”; and (3) by adding at the end the following new paragraph: The United States Attorney, with the concurrence of the Commissioner, may, pursuant to Federal Rule of Criminal Procedure 11, enter into a plea agreement which calls for the alien, who is deportable under this Act, to waive the right to notice and a hearing under this section, and stipulate to the entry of a judicial order of deportation from the United States as a condition of the plea agreement or as a condition of probation or supervised release, or both. The United States district court, in both felony and misdemeanor cases, and a United States magistrate judge in misdemeanor cases, may accept such a stipulation and shall have jurisdiction to enter a judicial order of deportation pursuant to the terms of such stipulation.”. (b) Deportation As a Condition of Probation.— Section 3563(b) of title 18, United States Code, is amended— (1) by striking “or” at the end of paragraph (20); (2) by redesignating paragraph (21) as paragraph (22); and (3) by inserting after paragraph (20) the following new paragraph: “(21) be ordered deported by a United States district court, or United States magistrate judge, pursuant to a stipulation entered into by the defendant and the United States under section 242A(d)(5) of the Immigration and Nationality Act, except that, in the absence of a stipulation, the United States district court or a United States magistrate judge, may order deportation as a condition of probation, if, after notice and hearing pursuant to such section, the Attorney General demonstrates by clear and convincing evidence that the alien is deportable; or”. (c) Effective Date.— The amendment made by subsection 8 USC 1228 note. (a)(2) shall be effective as if included in the enactment of section 224(a) of the Immigration and Nationality Technical Corrections Act of 1994. SEC. 375. LIMITATION ON ADJUSTMENT OF STATUS. Section 245(c) (8 U.S.C. 1255(c)) is amended— (1) by striking “or (6)” and inserting “(6)”; and (2) by inserting before the period at the end the following: “; (7) any alien who seeks adjustment of status to that of an immigrant under section 203(b) and is not in a lawful nonimmigrant status; or (8) any alien who was employed while the alien was an unauthorized alien, as defined in section 274A(h)(3), or who has otherwise violated the terms of a non-immigrant visa”. SEC. 376. TREATMENT OF CERTAIN FEES. (a) Increase in Fee.— Section 245(i) (8 U.S.C. 1255(i)), as added by section 506(b) of Public Law 103–317, is amended— (1) in paragraph (1), by striking “five times the fee required for the processing of applications under this section” and inserting “$1,000”; and (2) by amending paragraph (3) to read as follows: “(3) (A) The portion of each application fee (not to exceed $200) that the Attorney General determines is required to process an application under this section and is remitted to the Attorney General pursuant to paragraphs (1) and (2) of this subsection shall be disposed of by the Attorney General as provided in subsections (m), (n), and (o) of section 286. “(B) Any remaining portion of such fees remitted under such paragraphs shall be deposited by the Attorney General into the Immigration Detention Account established under section 286(s).”. (b) Immigration Detention Account.— Section 286 (8 U.S.C. 1356) is amended by adding at the end the following new subsection: “(s) Immigration Detention Account.— (1) There is established in the general fund of the Treasury a separate account which shall be known as the ‘Immigration Detention Account’. Notwithstanding any other section of this title, there shall be deposited as offsetting receipts into the Immigration Detention Account amounts described in section 245(i)(3)(B) to remain available until expended. “(2) (A) The Secretary of the Treasury shall refund out of the Immigration Detention Account to any appropriation the amount paid out of such appropriation for expenses incurred by the Attorney General for the detention of aliens under sections 236(c) and 241(a). “(B) The amounts which are required to be refunded under subparagraph (A) shall be refunded at least quarterly on the basis of estimates made by the Attorney General of the expenses referred to in subparagraph (A). Proper adjustments shall be made in the amounts subsequently refunded under subparagraph (A) to the extent prior estimates were in excess of, or less than, the amount required to be refunded under subparagraph (A). “(C) The amounts required to be refunded from the Immigration Detention Account for fiscal year 1997 and thereafter shall be refunded in accordance with estimates made in the budget request of the Attorney General for those fiscal years. Any proposed changes in the amounts designated in such budget requests shall only be made after notification to the Committees on Appropriations of the House of Representatives and the Senate in accordance with section 605 of Public Law 104–134. “(D) The Attorney General shall prepare and submit annually to the Congress statements of financial condition of the Immigration Detention Account, including beginning account balance, revenues, withdrawals, and ending account balance and projection for the ensuing fiscal year.”. (c) 8 USC 1255 note. Effective Date.— The amendments made by this section shall apply to applications made on or after the end of the 90-day period beginning on the date of the enactment of this Act. SEC. 377. LIMITATION ON LEGALIZATION LITIGATION. (a) Limitation on Court Jurisdiction.— Section 245A(f)(4) (8 U.S.C. 1255a(f)(4)) is amended by adding at the end the following new subparagraph: “(C) Jurisdiction of courts.— Notwithstanding any other provision of law, no court shall have jurisdiction of any cause of action or claim by or on behalf of any person asserting an interest under this section unless such person in fact filed an application under this section within the period specified by subsection (a)(1), or attempted to file a complete application and application fee with an authorized legalization officer of the Service but had the application and fee refused by that officer.”. (b) 8 USC 1255a note. Effective Date.— The amendment made by subsection (a) shall be effective as if included in the enactment of the Immigration Reform and Control Act of 1986. SEC. 378. RESCISSION OF LAWFUL PERMANENT RESIDENT STATUS. (a) In General.— Section 246(a) (8 U.S.C. 1256(a)) is amended by adding at the end the following sentence: “Nothing in this subsection shall require the Attorney General to rescind the alien’s status prior to commencement of procedures to remove the alien under section 240, and an order of removal issued by an immigration judge shall be sufficient to rescind the alien’s status.”. (b) 8 USC 1256 note. Effective Date.— The amendment made by subsection (a) shall take effect on the title III–A effective date (as defined in section 309(a) of this division). SEC. 379. ADMINISTRATIVE REVIEW OF ORDERS. (a) In General.— Sections 274A(e)(7) and 274C(d)(4) (8 U.S.C. 1324a(e)(7), 1324c(d)(4)) are each amended— (1) by striking “unless, within 30 days, the Attorney General modifies or vacates the decision and order” and inserting “unless either (A) within 30 days, an official delegated by regulation to exercise review authority over the decision and order modifies or vacates the decision and order, or (B) within 30 days of the date of such a modification or vacation (or within 60 days of the date of decision and order of an administrative law judge if not so modified or vacated) the decision and order is referred to the Attorney General pursuant to regulations”; and (2) by striking “a final order” and inserting “the final agency decision and order”. (b) Effective Date.— The amendments made by subsection 8 USC 1324a note. (a) shall apply to orders issued on or after the date of the enactment of this Act. SEC. 380. CIVIL PENALTIES FOR FAILURE TO DEPART. (a) In General.— The Immigration and Nationality Act is amended by inserting after section 274C the following new section: (a) In General.— Any alien subject to a final 8 USC 1324d. order of removal who— “(1) willfully fails or refuses to— “(A) depart from the United States pursuant to the order, “(B) make timely application in good faith for travel or other documents necessary for departure, or “(C) present for removal at the time and place required by the Attorney General; or “(2) conspires to or takes any action designed to prevent or hamper the alien’s departure pursuant to the order, shall pay a civil penalty of not more than $500 to the Commissioner for each day the alien is in violation of this section. “(b) Construction.— Nothing in this section shall be construed to diminish or qualify any penalties to which an alien may be subject for activities proscribed by section 243(a) or any other section of this Act.”. (b) Clerical Amendment.— The table of contents is amended by inserting after the item relating to section 274C the following new item: “Sec. 274D. Civil penalties for failure to depart.”. (c) Effective Date.— The amendment made by subsection (a) 8 USC 1324d note. shall apply to actions occurring on or after the title III–A effective date (as defined in section 309(a) of this division). SEC. 381. CLARIFICATION OF DISTRICT COURT JURISDICTION. (a) In General.— Section 279 (8 U.S.C. 1329) is amended— (1) by amending the first sentence to read as follows: “The district courts of the United States shall have jurisdiction of all causes, civil and criminal, brought by the United States that arise under the provisions of this title.”, and (2) by adding at the end the following new sentence: “Nothing in this section shall be construed as providing jurisdiction for suits against the United States or its agencies or officers.”, (b) Effective Date.— The amendments made by subsection 8 USC 1329 note. (a) shall apply to actions filed after the date of the enactment of this Act. SEC. 382. APPLICATION OF ADDITIONAL CIVIL PENALTIES TO ENFORCEMENT. (a) In General.— Subsection (b) of section 280 (8 U.S.C. 1330) is amended to read as follows: “(b) (1) There is established in the general fund of the Treasury a separate account which shall be known as the ‘Immigration Enforcement Account’. Notwithstanding any other section of this title, there shall be deposited as offsetting receipts into the Immigration Enforcement Account amounts described in paragraph (2) to remain available until expended. “(2) The amounts described in this paragraph are the following: “(A) The increase in penalties collected resulting from the amendments made by sections 203(b) and 543(a) of the Immigration Act of 1990. “(B) Civil penalties collected under sections 240B(d), 274C, 274D, and 275(b). “(3) (A) The Secretary of the Treasury shall refund out of the Immigration Enforcement Account to any appropriation the amount paid out of such appropriation for expenses incurred by the Attorney General for activities that enhance enforcement of provisions of this title. Such activities include— “(i) the identification, investigation, apprehension, detention, and removal of criminal aliens; “(ii) the maintenance and updating of a system to identify and track criminal aliens, deportable aliens, inadmissible aliens, and aliens illegally entering the United States; and “(iii) for the repair, maintenance, or construction on the United States border, in areas experiencing high levels of apprehensions of illegal aliens, of structures to deter illegal entry into the United States. “(B) The amounts which are required to be refunded under subparagraph (A) shall be refunded at least quarterly on the basis of estimates made by the Attorney General of the expenses referred to in subparagraph (A). Proper adjustments shall be made in the amounts subsequently refunded under subparagraph (A) to the extent prior estimates were in excess of, or less than, the amount required to be refunded under subparagraph (A). “(C) The amounts required to be refunded from the Immigration Enforcement Account for fiscal year 1996 and thereafter shall be refunded in accordance with estimates made in the budget request of the Attorney General for those fiscal years. Any proposed changes in the amounts designated in such budget requests shall only be made after notification to the Committees on Appropriations of the House of Representatives and the Senate in accordance with section 605 of Public Law 104–134. “(D) The Attorney General shall prepare and submit annually to the Congress statements of financial condition of the Immigration Enforcement Account, including beginning account balance, revenues, withdrawals, and ending account balance and projection for the ensuing fiscal year.”. (b) Immigration User Fee Account.— Section 286(h)(1)(B) (8 U.S.C. 1356(h)(1)(B)) is amended by striking “271” and inserting “243(c), 271,”. (c) 8 USC 1330 note. Effective Date.— The amendments made by this section shall apply to fines and penalties collected on or after the date of the enactment of this Act. SEC. 383. EXCLUSION OF CERTAIN ALIENS FROM FAMILY UNITY PROGRAM. (a) In General.— Section 301(e) of the Immigration Act of 1990 (8 U.S.C. 1255a note) is amended— (1) by striking “or” at the end of paragraph (1), (2) by striking the period at the end of paragraph (2) and inserting “, or”, and (3) by adding at the end the following new paragraph: “(3) has committed an act of juvenile delinquency which if committed by an adult would be classified as— “(A) a felony crime of violence that has an element the use or attempted use of physical force against another individual, or “(B) a felony offense that by its nature involves a substantial risk that physical force against another individual may be used in the course of committing the offense.”. (b) Effective Date.— The amendments made by subsection 8 USC 1255a note. (a) shall apply to benefits granted or extended after the date of the enactment of this Act. SEC. 384. PENALTIES FOR DISCLOSURE OF INFORMATION. (a) In General.— Except as provided in subsection (b), in no case may the Attorney General, or any other official or employee of the Department of Justice (including any bureau or agency of such Department)— (1) make an adverse determination of admissibility or deportability of an alien under the Immigration and Nationality Act using information furnished solely by— (A) a spouse or parent who has battered the alien or subjected the alien to extreme cruelty, (B) a member of the spouse’s or parent’s family residing in the same household as the alien who has battered the alien or subjected the alien to extreme cruelty when the spouse or parent consented to or acquiesced in such battery or cruelty, (C) a spouse or parent who has battered the alien’s child or subjected the alien’s child to extreme cruelty (without the active participation of the alien in the battery or extreme cruelty), or (D) a member of the spouse’s or parent’s family residing in the same household as the alien who has battered the alien’s child or subjected the alien’s child to extreme cruelty when the spouse or parent consented to or acquiesced in such battery or cruelty and the alien did not actively participate in such battery or cruelty, unless the alien has been convicted of a crime or crimes listed in section 241(a)(2) of the Immigration and Nationality Act; or (2) permit use by or disclosure to anyone (other than a sworn officer or employee of the Department, or bureau or agency thereof, for legitimate Department, bureau, or agency purposes) of any information which relates to an alien who is the beneficiary of an application for relief under clause (iii) or (iv) of section 204(a)(1)(A), clause (ii) or (iii) of section 204(a)(1)(B), section 216(c)(4)(C), or section 244(a)(3) of such Act as an alien (or the parent of a child) who has been battered or subjected to extreme cruelty. The limitation under paragraph (2) ends when the application for relief is denied and all opportunities for appeal of the denial have been exhausted. (b) Exceptions.— (1) The Attorney General may provide, in the Attorney General’s discretion, for the disclosure of information in the same manner and circumstances as census information may be disclosed by the Secretary of Commerce under section 8 of title 13, United States Code. (2) The Attorney General may provide in the discretion of the Attorney General for the disclosure of information to law enforcement officials to be used solely for a legitimate law enforcement purpose. (3) Subsection (a) shall not be construed as preventing disclosure of information in connection with judicial review of a determination in a manner that protects the confidentiality of such information. (4) Subsection (a)(2) shall not apply if all the battered individuals in the case are adults and they have all waived the restrictions of such subsection. (c) Penalties for Violations.— Anyone who willfully uses, publishes, or permits information to be disclosed in violation of this section shall be subject to appropriate disciplinary action and subject to a civil money penalty of not more than $5,000 for each such violation. (d) Conforming Amendments to Other Disclosure Restrictions.— (1) 8 USC 1160. In general.— The last sentence of section 210(b)(6) and the second sentence of section 245A(c)(5) (8 U.S.C. 1255a(c)(5)) are each amended to read as follows: “Anyone who uses, publishes, or permits information to be examined in violation of this paragraph shall be subject to appropriate disciplinary action and subject to a civil money penalty of not more than $5,000 for each violation.”. (2) 8 USC 1160 note. Effective date.— The amendments made by this subsection shall apply to offenses occurring on or after the date of the enactment of this Act. SEC. 385. AUTHORIZATION OF ADDITIONAL FUNDS FOR REMOVAL OF ALIENS. In addition to the amounts otherwise authorized to be appropriated for each fiscal year beginning with fiscal year 1996, there are authorized to be appropriated to the Attorney General $150,000,000 for costs associated with the removal of inadmissible or deportable aliens, including costs of detention of such aliens pending their removal, the hiring of more investigators, and the hiring of more detention and deportation officers. SEC. 386. INCREASE IN INS DETENTION FACILITIES; REPORT ON DETENTION SPACE. (a) Increase in Detention Facilities.— Subject to the availability of appropriations, the Attorney General shall provide for an increase in the detention facilities of the Immigration and Naturalization Service to at least 9,000 beds before the end of fiscal year 1997. (b) Report on Detention Space.— (1) In general.— Not later than 6 months after the date of the enactment of this Act, and every 6 months thereafter, the Attorney General shall submit a report to the Committees on the Judiciary of the House of Representatives and of the Senate estimating the amount of detention space that will be required, during the fiscal year in which the report is submitted and the succeeding fiscal year, to detain— (A) all aliens subject to detention under section 236(c) of the Immigration and Nationality Act (as amended by section 303 of this title) and section 241(a) of the Immigration and Nationality Act (as inserted by section 305(a)(3) of this title); (B) all excludable or deportable aliens subject to proceedings under section 238 of the Immigration and Nationality Act (as redesignated by section 308(b)(5) of this title) or section 235(b)(2)(A) or 240 of the Immigration and Nationality Act; and (C) other excludable or deportable aliens in accordance with the priorities established by the Attorney General. (2) Estimate of number of aliens released into the community.— (A) Criminal aliens.— (i) In general.— The first report submitted under paragraph (1) shall include an estimate of the number of criminal aliens who, in each of the 3 fiscal years concluded prior to the date of the report— (I) were released from detention facilities of the Immigration and Naturalization Service (whether operated directly by the Service or through contract with other persons or agencies); or (II) were not taken into custody or detention by the Service upon completion of their incarceration. (ii) Aliens convicted of aggravated felonies.— The estimate under clause (i) shall estimate separately, with respect to each year described in such clause, the number of criminal aliens described in such clause who were convicted of an aggravated felony. (B) All excludable or deportable aliens.— The first report submitted under paragraph (1) shall also estimate the number of excludable or deportable aliens who were released into the community due to a lack of detention facilities in each of the 3 fiscal years concluded prior to the date of the report notwithstanding circumstances that the Attorney General believed justified detention (for example, a significant probability that the released alien would not appear, as agreed, at subsequent exclusion or deportation proceedings). (C) Subsequent reports.— Each report under paragraph (1) following the first such report shall include the estimates under subparagraphs (A) and (B), made with respect to the 6-month period immediately preceding the date of the submission of the report. SEC. 387. PILOT PROGRAM ON USE OF CLOSED MILITARY BASES FOR THE DETENTION OF INADMISSIBLE OR DEPORTABLE ALIENS. (a) Establishment.— The Attorney General and the Secretary of Defense shall establish one or more pilot programs for up to 2 years each to determine the feasibility of the use of military bases, available because of actions under a base closure law, as detention centers by the Immigration and Naturalization Service. In selecting real property at a military base for use as a detention center under the pilot program, the Attorney General and the Secretary shall consult with the redevelopment authority established for the military base and give substantial deference to the redevelopment plan prepared for the military base. (b) Report.— Not later than 30 months after the date of the enactment of this Act, the Attorney General, together with the Secretary of Defense, shall submit a report to the Committees on the Judiciary of the House of Representatives and of the Senate, and the Committees on Armed Services of the House of Representatives and of the Senate, on the feasibility of using military bases closed under a base closure law as detention centers by the Immigration and Naturalization Service. (c) Definition.— For purposes of this section, the term “base closure law” means each of the following: (1) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note). (2) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note). (3) Section 2687 of title 10, United States Code. (4) Any other similar law enacted after the date of the enactment of this Act. SEC. 388. REPORT ON INTERIOR REPATRIATION PROGRAM. Not later than 30 months after the date of the enactment of this Act, the Attorney General, in consultation with the Secretary of State, shall submit a report to the Committees on the Judiciary of the House of Representatives and of the Senate on the operation of the program of interior repatriation developed under section 437 of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104–132).

2. 1996

   Department of Education Appropriations Act, 1997

   Pub. L. 104–208 § 308(g)(8)(D) · 110 Stat. 3009

   Substituted · 8 U.S.C. § 1367(a)(2)

   Pub. L. 104–208, § 308(g)(8)(D), which directed amendment of section 364(a)(2) of div. C of Pub. L. 104–208 by substituting “240A(a)(3)” for “244(a)(3)”, was executed by making the substitution in subsec. (a)(2) of this section to reflect the probable intent of Congress. Div. C of Pub. L. 104–208 does not contain a section 364

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 104–208, § 308(g)(8)(D), which directed amendment of section 364(a)(2) of div. C of Pub. L. 104–208 by substituting “240A(a)(3)” for “244(a)(3)”, was executed by making the substitution in subsec. (a)(2) of this section to reflect the probable intent of Congress. Div. C of Pub. L. 104–208 does not contain a section 364.

   Enacted provision · exact public law section
   Sec. 308. None of the funds in this Act may be used to plan, prepare, or offer for sale timber from trees classified as giant sequoia (Sequoiadendron giganteum) which are located on National Forest System or Bureau of Land Management lands in a manner different than such sales were conducted in fiscal year 1995.

3. 1997

   Balanced Budget Act of 1997

   Pub. L. 105–33 title V § 5572(b) · 111 Stat. 251

   Added · 8 U.S.C. § 1367(b)(5)

   Pub. L. 105–33 added par. (5)

   Source evidence

   Code amendment note
   Subsec. (b)(5). Pub. L. 105–33 added par. (5).

   Enacted provision · exact public law section
   (b) Disclosure of Information for Verification.— Section 384(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208) is amended 8 USC 1367. by adding after paragraph (4) the following new paragraph: “(5) The Attorney General is authorized to disclose information, to Federal, State, and local public and private agencies providing benefits, to be used solely in making determinations of eligibility for benefits pursuant to section 431(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.”.

   Effective date note
   Pub. L. 105–33, title V, § 5582, Aug. 5, 1997, 111 Stat. 643, provided that: “Except as otherwise provided, the amendments made by this chapter [chapter 4 (§§ 5561–5582) of subtitle F of title V of Pub. L. 105–33, amending this section, sections 1611 to 1613, 1621, 1622, 1631, 1632, 1641 to 1643, and 1645 of this title, and sections 608, 1383, and 1437y of Title 42, The Public Health and Welfare] shall be effective as if included in the enactment of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 [Pub. L. 104–193].”

4. 2000

   Battered Immigrant Women Protection Act of 2000

   Pub. L. 106–386 § 1513(d)(1) · 114 Stat. 1464

   Added · 8 U.S.C. § 1367(a)(1)(E)

   Pub. L. 106–386, § 1513(d)(1)–(3), added subpar. (E)

   Source evidence

   Code amendment note
   Subsec. (a)(1)(E). Pub. L. 106–386, § 1513(d)(1)–(3), added subpar. (E).

   Enacted provision · exact public law section
   (1) by striking “or” at the end of paragraph (1)(C);

5. 2000

   Battered Immigrant Women Protection Act of 2000

   Pub. L. 106–386 § 1513(d)(4) · 114 Stat. 1464

   Inserted · 8 U.S.C. § 1367(a)(2)

   Pub. L. 106–386, § 1513(d)(4), inserted “section 101(a)(15)(U),” after “section 216(c)(4)(C),”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 106–386, § 1513(d)(4), inserted “section 101(a)(15)(U),” after “section 216(c)(4)(C),”.

   Enacted provision · exact public law section
   (4) in paragraph (2), by inserting “section 101(a)(15)(U),” after “section 216(c)(4)(C),”.

6. 2006

   Violence Against Women and Department of Justice Reauthorization Act of 2005

   Pub. L. 109–162 § 817(1)(A) · 119 Stat. 2960

   Substituted · 8 U.S.C. § 1367(a)

   Pub. L. 109–162, § 817(1)(A), substituted “, the Secretary of Homeland Security, the Secretary of State, or any other official or employee of the Department of Homeland Security or Department of State (including any bureau or agency of either of such Departments)” for “(including any bureau or agency of such Department)” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 109–162, § 817(1)(A), substituted “, the Secretary of Homeland Security, the Secretary of State, or any other official or employee of the Department of Homeland Security or Department of State (including any bureau or agency of either of such Departments)” for “(including any bureau or agency of such Department)” in introductory provisions.

   Enacted provision · exact public law section
   (A) in the matter preceding paragraph (1), by striking “(including any bureau or agency of such Department)” and inserting “, the Secretary of Homeland Security, the Secretary of State, or any other official or employee of the Department of Homeland Security or Department of State (including any bureau or agency of either of such Departments)”; and

7. 2006

   Violence Against Women and Department of Justice Reauthorization Act of 2005

   Pub. L. 109–162 § 817(1)(B) · 119 Stat. 2960

   Added · 8 U.S.C. § 1367(a)(1)(F)

   Pub. L. 109–162, § 817(1)(B), added subpar. (F)

   Source evidence

   Code amendment note
   Subsec. (a)(1)(F). Pub. L. 109–162, § 817(1)(B), added subpar. (F).

   Enacted provision · exact public law section
   (B) in paragraph (1)— (i) in subparagraph (D), by striking “or” at the end; and (ii) by inserting after subparagraph (E) the following: “(F) in the case of an alien applying for status under section 101(a)(15)(T) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(T)), under section 107(b)(1)(E)(i)(II)(bb) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105), under section 244(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1254a(a)(3)), as in effect prior to March 31, 1999, or as a VAWA self-petitioner (as defined in section 101(a)(51) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(51)), the trafficker or perpetrator,” ;

8. 2006

   Violence Against Women and Department of Justice Reauthorization Act of 2005

   Pub. L. 109–162 § 817(2) · 119 Stat. 2960

   Added · 8 U.S.C. § 1367(b)(6); 8 U.S.C. § 1367(b)(7)

   Pub. L. 109–162, § 817(2), added pars. (6) and (7)

   Source evidence

   Code amendment note
   Subsec. (b)(6), (7). Pub. L. 109–162, § 817(2), added pars. (6) and (7).

   Enacted provision · exact public law section
   (2) in subsection (b), by adding at the end the following new paragraphs: “(6) Subsection (a) may not be construed to prevent the Attorney General and the Secretary of Homeland Security from disclosing to the chairmen and ranking members of the Committee on the Judiciary of the Senate or the Committee on the Judiciary of the House of Representatives, for the exercise of congressional oversight authority, information on closed cases under this section in a manner that protects the confidentiality of such information and that omits personally identifying information (including locational information about individuals). “(7) Government entities adjudicating applications for relief under subsection (a)(2), and government personnel carrying out mandated duties under section 101(i)(1) of the Immigration and Nationality Act, may, with the prior written consent of the alien involved, communicate with nonprofit, nongovernmental victims’ service providers for the sole purpose of assisting victims in obtaining victim services from programs with expertise working with immigrant victims. Agencies receiving referrals are bound by the provisions of this section. Nothing in this paragraph shall be construed as affecting the ability of an applicant to designate a safe organization through whom governmental agencies may communicate with the applicant.” ;

9. 2006

   Violence Against Women and Department of Justice Reauthorization Act of 2005

   Pub. L. 109–162 § 817(3) · 119 Stat. 2960

   Inserted · 8 U.S.C. § 1367(c)

   Pub. L. 109–162, § 817(3), inserted “or who knowingly makes a false certification under section 239(e) of the Immigration and Nationality Act” after “in violation of this section”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 109–162, § 817(3), inserted “or who knowingly makes a false certification under section 239(e) of the Immigration and Nationality Act” after “in violation of this section”.

   Enacted provision · exact public law section
   (3) in subsection (c), by inserting “or who knowingly makes a false certification under section 239(e) of the Immigration and Nationality Act” after “in violation of this section”; and

10. 2006

    Violence Against Women and Department of Justice Reauthorization Act of 2005

    Pub. L. 109–162 § 817(4) · 119 Stat. 2960

    Added · 8 U.S.C. § 1367(d)

    Pub. L. 109–162, § 817(4), added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 109–162, § 817(4), added subsec. (d).

    Enacted provision · exact public law section
    (4) by adding at the end the following new subsection: “(d) Guidance.— The Attorney General and the Secretary of Homeland Security shall provide guidance to officers and employees of the Department of Justice or the Department of Homeland Security who have access to information covered by this section regarding the provisions of this section, including the provisions to protect victims of domestic violence from harm that could result from the inappropriate disclosure of covered information.” .

11. 2006

    Pub. L. 109–271 § 6(h) · 120 Stat. 750

    Substituted · 8 U.S.C. § 1367(a)(2)

    Pub. L. 109–271 substituted “paragraph (15)(T), (15)(U), or (51) of section 101(a) of the Immigration and Nationality Act or section 240A(b)(2) of such Act” for “clause (iii) or (iv) of section 204(a)(1)(A), clause (ii) or (iii) of section 204(a)(1)(B), section 216(c)(4)(C), section 101(a)(15)(U), or section 240A(a)(3) of such Act as an alien (or the parent of a child) who has been battered or subjected to extreme cruelty”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 109–271 substituted “paragraph (15)(T), (15)(U), or (51) of section 101(a) of the Immigration and Nationality Act or section 240A(b)(2) of such Act” for “clause (iii) or (iv) of section 204(a)(1)(A), clause (ii) or (iii) of section 204(a)(1)(B), section 216(c)(4)(C), section 101(a)(15)(U), or section 240A(a)(3) of such Act as an alien (or the parent of a child) who has been battered or subjected to extreme cruelty”.

    Enacted provision · exact public law section
    (h) Penalties for Disclosure of Information.— Section 384(a)(2) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1367(a)(2)) is amended by striking “clause (iii) or (iv)” and all that follows and inserting “paragraph (15)(T), (15)(U), or (51) of section 101(a) of the Immigration and Nationality Act or section 240A(b)(2) of such Act.”.

12. 2013

    Violence Against Women Reauthorization Act of 2013

    Pub. L. 113–4 § 810(d) · 127 Stat. 54

    Substituted · 8 U.S.C. § 1367(a)(1)

    Pub. L. 113–4, § 810(d), which directed the substitution of “237(a)(2)” for “241(a)(2)” in concluding provisions of section 384(a)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1986, was executed to this section, which is section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 113–4, § 810(d), which directed the substitution of “237(a)(2)” for “241(a)(2)” in concluding provisions of section 384(a)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1986, was executed to this section, which is section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (d) Clerical Amendment.— Section 384(a)(1) of the Illegal Immigration Reform and Immigrant Responsibility 8 USC 1367. Act of 1986 is amended by striking “241(a)(2)” in the matter following subparagraph (F) and inserting “237(a)(2)”.

13. 2013

    Violence Against Women Reauthorization Act of 2013

    Pub. L. 113–4 § 810(a)(1) · 127 Stat. 54

    Inserted · 8 U.S.C. § 1367(b)(1)

    Pub. L. 113–4, § 810(a)(1), inserted “Secretary of Homeland Security or the” before “Attorney General may” and “Secretary’s or the” before “Attorney General’s discretion”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 113–4, § 810(a)(1), inserted “Secretary of Homeland Security or the” before “Attorney General may” and “Secretary’s or the” before “Attorney General’s discretion”.

    Enacted provision · exact public law section
    (1) in paragraph (1)— (A) by inserting “Secretary of Homeland Security or the” before “Attorney General may”; and (B) by inserting “Secretary’s or the” before “Attorney General’s discretion”;

14. 2013

    Violence Against Women Reauthorization Act of 2013

    Pub. L. 113–4 § 810(a)(2) · 127 Stat. 54

    Inserted · 8 U.S.C. § 1367(b)(2)

    Pub. L. 113–4, § 810(a)(2), inserted “Secretary of Homeland Security or the” before “Attorney General may”, “Secretary or the” before “Attorney General for”, and “in a manner that protects the confidentiality of such information” before period at end

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 113–4, § 810(a)(2), inserted “Secretary of Homeland Security or the” before “Attorney General may”, “Secretary or the” before “Attorney General for”, and “in a manner that protects the confidentiality of such information” before period at end.

    Enacted provision · exact public law section
    (2) in paragraph (2)— (A) by inserting “Secretary of Homeland Security or the” before “Attorney General may”; (B) by inserting “Secretary or the” before “Attorney General for”; and (C) by inserting “in a manner that protects the confidentiality of such information” after “law enforcement purpose”;

15. 2013

    Violence Against Women Reauthorization Act of 2013

    Pub. L. 113–4 § 810(a)(3) · 127 Stat. 54

    Substituted · 8 U.S.C. § 1367(b)(5)

    Pub. L. 113–4, § 810(a)(3), substituted “Secretary of Homeland Security and the Attorney General are” for “Attorney General is”

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 113–4, § 810(a)(3), substituted “Secretary of Homeland Security and the Attorney General are” for “Attorney General is”.

    Enacted provision · exact public law section
    (3) in paragraph (5), by striking “Attorney General is” and inserting “Secretary of Homeland Security and the Attorney General are”; and

16. 2013

    Violence Against Women Reauthorization Act of 2013

    Pub. L. 113–4 § 810(a)(4) · 127 Stat. 54

    Added · 8 U.S.C. § 1367(b)(8)

    Pub. L. 113–4, § 810(a)(4), added par. (8)

    Source evidence

    Code amendment note
    Subsec. (b)(8). Pub. L. 113–4, § 810(a)(4), added par. (8).

    Enacted provision · exact public law section
    (4) by adding at the end a new paragraph as follows: “(8) Notwithstanding subsection (a)(2), the Secretary of Homeland Security, the Secretary of State, or the Attorney General may provide in the discretion of either such Secretary or the Attorney General for the disclosure of information to national security officials to be used solely for a national security purpose in a manner that protects the confidentiality of such information.” .

17. 2013

    Violence Against Women Reauthorization Act of 2013

    Pub. L. 113–4 § 810(b) · 127 Stat. 54

    Inserted · 8 U.S.C. § 1367(d)

    Pub. L. 113–4, § 810(b), inserted “, Secretary of State,” after “The Attorney General”, “, Department of State,” after “Department of Justice”, and “and severe forms of trafficking in persons or criminal activity listed in section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(u))” after “domestic violence”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 113–4, § 810(b), inserted “, Secretary of State,” after “The Attorney General”, “, Department of State,” after “Department of Justice”, and “and severe forms of trafficking in persons or criminal activity listed in section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(u))” after “domestic violence”.

    Enacted provision · exact public law section
    (b) Guidelines.— Section 384(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1367(d)) is amended— (1) by inserting “, Secretary of State,” after “The Attorney General”; (2) by inserting “, Department of State,” after “Department of Justice”; and (3) by inserting “and severe forms of trafficking in persons or criminal activity listed in section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(u))” after “domestic violence”.

16 of 17 references resolved to an enrolled provision · 1 partial