H.R. 4437 — Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4437 Introduced in House (IH)]








109th CONGRESS
  1st Session
                                H. R. 4437

To amend the Immigration and Nationality Act to strengthen enforcement 
  of the immigration laws, to enhance border security, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 6, 2005

  Mr. Sensenbrenner (for himself, Mr. King of New York, Mr. Smith of 
Texas, Ms. Foxx, Mr. Daniel E. Lungren of California, Mr. Issa, and Mr. 
Gary G. Miller of California) introduced the following bill; which was 
  referred to the Committee on the Judiciary, and in addition to the 
    Committee on Homeland Security, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Immigration and Nationality Act to strengthen enforcement 
  of the immigration laws, to enhance border security, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Border Protection, 
Antiterrorism, and Illegal Immigration Control Act of 2005''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. State defined.
                TITLE I--SECURING UNITED STATES BORDERS

Sec. 101. Achieving operational control on the border.
Sec. 102. National strategy for border security.
Sec. 103. Implementation of cross-border security agreements.
Sec. 104. Biometric data enhancements.
Sec. 105. One face at the border initiative.
Sec. 106. Secure communication.
Sec. 107. Port of entry inspection personnel.
Sec. 108. Canine detection teams.
Sec. 109. Secure border initiative financial accountability.
Sec. 110. Border patrol training capacity review.
Sec. 111. Airspace security mission impact review.
Sec. 112. Repair of private infrastructure on border.
Sec. 113. Border Patrol unit for Virgin Islands.
Sec. 114. Report on progress in tracking travel of Central American 
                            gangs along international border.
Sec. 115. Collection of data.
Sec. 116. Deployment of radiation detection portal equipment at United 
                            States ports of entry.
Sec. 117. Consultation with businesses and firms.
  TITLE II--COMBATTING ALIEN SMUGGLING AND ILLEGAL ENTRY AND PRESENCE

Sec. 201. Definition of aggravated felony.
Sec. 202. Alien smuggling and related offenses.
Sec. 203. Improper entry by, or presence of, aliens.
Sec. 204. Reentry of removed aliens.
Sec. 205. Mandatory sentencing ranges for persons aiding or assisting 
                            certain reentering aliens.
Sec. 206. Prohibiting carrying or using a firearm during and in 
                            relation to an alien smuggling crime.
Sec. 207. Clarifying changes.
Sec. 208. Voluntary departure reform.
Sec. 209. Deterring aliens ordered removed from remaining in the United 
                            States unlawfully and from unlawfully 
                            returning to the United States after 
                            departing voluntarily.
         TITLE III--BORDER SECURITY COOPERATION AND ENFORCEMENT

Sec. 301. Joint strategic plan for United States border surveillance 
                            and support.
Sec. 302. Border security on protected land.
Sec. 303. Border security threat assessment and information sharing 
                            test and evaluation exercise.
Sec. 304. Border Security Advisory Committee.
Sec. 305. Permitted use of Homeland Security grant funds for border 
                            security activities.
Sec. 306. Center of excellence for border security.
Sec. 307. Sense of Congress regarding cooperation with Indian Nations.
                    TITLE IV--DETENTION AND REMOVAL

Sec. 401. Mandatory detention for aliens apprehended at or between 
                            ports of entry.
Sec. 402. Expansion and effective management of detention facilities.
Sec. 403. Enhancing transportation capacity for unlawful aliens.
Sec. 404. Denial of admission to nationals of country denying or 
                            delaying accepting alien.
Sec. 405. Report on financial burden of repatriation.
Sec. 406. Training program.
Sec. 407. Expedited removal.
      TITLE V--EFFECTIVE ORGANIZATION OF BORDER SECURITY AGENCIES

Sec. 501. Enhanced border security coordination and management.
Sec. 502. Office of Air and Marine Operations.
Sec. 503. Shadow Wolves transfer.
                TITLE VI--TERRORIST AND CRIMINAL ALIENS

Sec. 601. Removal of terrorist aliens.
Sec. 602. Detention of dangerous aliens.
Sec. 603. Increase in criminal penalties.
Sec. 604. Precluding admissibility of aggravated felons and other 
                            criminals.
Sec. 605. Precluding refugee or asylee adjustment of status for 
                            aggravated felonies.
Sec. 606. Removing drunk drivers.
Sec. 607. Designated county law enforcement assistance program.
Sec. 608. Rendering inadmissible and deportable aliens participating in 
                            criminal street gangs; detention; 
                            ineligibility from protection from removal 
                            and asylum.
Sec. 609. Naturalization reform.
Sec. 610. Expedited removal for aliens inadmissible on criminal or 
                            security grounds.
Sec. 611. Technical correction for effective date in change in 
                            inadmissibility for terrorists under REAL 
                            ID Act.
Sec. 612. Bar to good moral character.
Sec. 613. Strengthening definitions of ``aggravated felony'' and 
                            ``conviction''.
Sec. 614. Deportability for criminal offenses.
             TITLE VII--EMPLOYMENT ELIGIBILITY VERIFICATION

Sec. 701. Employment eligibility verification system.
Sec. 702. Employment eligibility verification process.
Sec. 703. Expansion of employment eligibility verification system to 
                            previously hired individuals and recruiting 
                            and referring.
Sec. 704. Basic pilot program.
Sec. 705. Hiring halls.
Sec. 706. Penalties.
Sec. 707. Report on Social Security card-based employment eligibility 
                            verification.
Sec. 708. Effective date.
           TITLE VIII--IMMIGRATION LITIGATION ABUSE REDUCTION

Sec. 801. Board of Immigration Appeals removal order authority.
Sec. 802. Judicial review of visa revocation.
Sec. 803. Reinstatement.
Sec. 804. Withholding of removal.
Sec. 805. Certificate of reviewability.
Sec. 806. Waiver of rights in nonimmigrant visa issuance.

SEC. 2. STATE DEFINED.

    In titles I, III, IV, and V of this Act, the term ``State'' has the 
meaning given it in section 2(14) of the Homeland Security Act of 2002 
(6 U.S.C. 101(14)).

                TITLE I--SECURING UNITED STATES BORDERS

SEC. 101. ACHIEVING OPERATIONAL CONTROL ON THE BORDER.

    (a) In General.--The Secretary of Homeland Security shall take all 
actions the Secretary determines necessary and appropriate to achieve 
and maintain operational control over the entire international land and 
maritime borders of the United States, to include the following--
            (1) systematic surveillance of the international land and 
        maritime borders of the United States through more effective 
        use of personnel and technology, such as unmanned aerial 
        vehicles, ground-based sensors, satellites, radar coverage, and 
        cameras;
            (2) physical infrastructure enhancements to prevent 
        unlawful entry by aliens into the United States and facilitate 
        access to the international land and maritime borders by United 
        States Customs and Border Protection, such as additional 
        checkpoints, all weather access roads, and vehicle barriers;
            (3) hiring and training as expeditiously as possible 
        additional Border Patrol agents authorized under section 5202 
        of the Intelligence Reform and Terrorism Prevention Act of 2004 
        (Public Law 108-458); and
            (4) increasing deployment of United States Customs and 
        Border Protection personnel to areas along the international 
        land and maritime borders of the United States where there are 
        high levels of unlawful entry by aliens and other areas likely 
        to be impacted by such increased deployment.
    (b) Operational Control Defined.--In this section, the term 
``operational control'' means the prevention of the entry into the 
United States of terrorists, other unlawful aliens, instruments of 
terrorism, narcotics, and other contraband.

SEC. 102. NATIONAL STRATEGY FOR BORDER SECURITY.

    (a) Surveillance Plan.--Not later than six months after the date of 
the enactment of this Act, the Secretary of Homeland Security shall 
submit to the appropriate congressional committees a comprehensive plan 
for the systematic surveillance of the international land and maritime 
borders of the United States. The plan shall include the following:
            (1) An assessment of existing technologies employed on such 
        borders.
            (2) A description of whether and how new surveillance 
        technologies will be compatible with existing surveillance 
        technologies.
            (3) A description of how the United States Customs and 
        Border Protection is working, or is expected to work, with the 
        Directorate of Science and Technology of the Department of 
        Homeland Security to identify and test surveillance technology.
            (4) A description of the specific surveillance technology 
        to be deployed.
            (5) The identification of any obstacles that may impede 
        full implementation of such deployment.
            (6) A detailed estimate of all costs associated with the 
        implementation of such deployment and continued maintenance of 
        such technologies.
            (7) A description of how the Department of Homeland 
        Security is working with the Federal Aviation Administration on 
        safety and airspace control issues associated with the use of 
        unmanned aerial vehicles in the National Airspace System.
    (b) National Strategy for Border Security.--Not later than one year 
after the date of the enactment of this Act, the Secretary of Homeland 
Security, in consultation with the heads of other appropriate Federal 
agencies, shall submit to the appropriate congressional committees a 
National Strategy for Border Security to achieve operational control 
over all ports of entry into the United States and the international 
land and maritime borders of the United States. The Secretary shall 
update the Strategy as needed and shall submit to the Committee on 
Homeland Security of the House of Representatives, not later than 30 
days after each such update, the updated Strategy. The National 
Strategy for Border Security shall include the following:
            (1) The implementation timeline for the surveillance plan 
        described in subsection (a).
            (2) An assessment of the threat posed by terrorists and 
        terrorist groups that may try to infiltrate the United States 
        at points along the international land and maritime borders of 
        the United States.
            (3) A risk assessment of all ports of entry to the United 
        States and all portions of the international land and maritime 
        borders of the United States with respect to--
                    (A) preventing the entry of terrorists, other 
                unlawful aliens, instruments of terrorism, narcotics, 
                and other contraband into the United States; and
                    (B) protecting critical infrastructure at or near 
                such ports of entry or borders.
            (4) An assessment of the most appropriate, practical, and 
        cost-effective means of defending the international land and 
        maritime borders of the United States against threats to 
        security and illegal transit, including intelligence 
        capacities, technology, equipment, personnel, and training 
        needed to address security vulnerabilities.
            (5) An assessment of staffing needs for all border security 
        functions, taking into account threat and vulnerability 
        information pertaining to the borders and the impact of new 
        security programs, policies, and technologies.
            (6) A description of the border security roles and missions 
        of Federal, State, regional, local, and tribal authorities, and 
        recommendations with respect to how the Department of Homeland 
        Security can improve coordination with such authorities, to 
        enable border security enforcement to be carried out in an 
        efficient and effective manner.
            (7) A prioritization of research and development objectives 
        to enhance the security of the international land and maritime 
        borders of the United States.
            (8) A description of ways to ensure that the free flow of 
        legitimate travel and commerce of the United States is not 
        diminished by efforts, activities, and programs aimed at 
        securing the international land and maritime borders of the 
        United States.
            (9) An assessment of additional detention facilities and 
        bed space needed to detain unlawful aliens apprehended at 
        United States ports of entry or along the international land 
        borders of the United States in accordance with the National 
        Strategy for Border Security required under this subsection and 
        the mandatory detention requirement described in section 301 of 
        this Act.
            (10) A description of how the Secretary shall ensure 
        accountability and performance metrics within the appropriate 
        agencies of the Department of Homeland Security responsible for 
        implementing the border security measures determined necessary 
        upon completion of the National Strategy for Border Security.
            (11) A timeline for the implementation of the additional 
        security measures determined necessary as part of the National 
        Strategy for Border Security, including a prioritization of 
        security measures, realistic deadlines for addressing the 
        security and enforcement needs, and resource estimates and 
        allocations.
    (c) Consultation.--In creating the National Strategy for Border 
Security described in subsection (b), the Secretary shall consult 
with--
            (1) State, local, and tribal authorities along the 
        international land and maritime borders of the United States; 
        and
            (2) an appropriate cross-section of private sector and 
        nongovernmental organizations with relevant expertise.
    (d) Priority of National Strategy.--The National Strategy for 
Border Security described in subsection (b) shall be the controlling 
document for security and enforcement efforts related to securing the 
international land and maritime borders of the United States.
    (e) Immediate Action.--Nothing in this section shall be construed 
to relieve the Secretary of the responsibility to take all actions 
necessary and appropriate to achieve and maintain operational control 
over the entire international land and maritime borders of the United 
States pursuant to section 101 of this Act or any other provision of 
law.
    (f) Reporting of Implementing Legislation.--After submittal of the 
National Strategy for Border Security described in subsection (b) to 
the Committee on Homeland Security of the House of Representatives, 
such Committee shall promptly report to the House legislation 
authorizing necessary security measures based on its evaluation of the 
National Strategy for Border Security.
    (g) Appropriate Congressional Committee.--For purposes of this 
title, the term ``appropriate congressional committee'' has the meaning 
given it in section 2(2) of the Homeland Security Act of 2002 (6 U.S.C. 
101(2)).

SEC. 103. IMPLEMENTATION OF CROSS-BORDER SECURITY AGREEMENTS.

    (a) In General.--Not later than six months after the date of the 
enactment of this Act, the Secretary of Homeland Security shall submit 
to the appropriate congressional committees (as defined in section 
102(g)) a report on the implementation of the cross-border security 
agreements signed by the United States with Mexico and Canada, 
including recommendations on improving cooperation with such countries 
to enhance border security.
    (b) Updates.--The Secretary shall regularly update the Committee on 
Homeland Security of the House of Representatives concerning such 
implementation.

SEC. 104. BIOMETRIC DATA ENHANCEMENTS.

    Not later than October 1, 2006, the Secretary of Homeland Security 
shall--
            (1) in consultation with the Attorney General, enhance 
        connectivity between the IDENT and IAFIS fingerprint databases 
        to ensure more expeditious data searches; and
            (2) in consultation with the Secretary of State, collect 
        ten fingerprints from each alien required to provide 
        fingerprints during the alien's initial enrollment in the 
        integrated entry and exit data system described in section 110 
        of the Illegal Immigration Reform and Immigrant Responsibility 
        Act of 1996 (8 U.S.C. 1221 note).

SEC. 105. ONE FACE AT THE BORDER INITIATIVE.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of Homeland Security shall submit to Congress a report--
            (1) describing the tangible and quantifiable benefits of 
        the One Face at the Border Initiative established by the 
        Department of Homeland Security;
            (2) identifying goals for and challenges to increased 
        effectiveness of the One Face at the Border Initiative;
            (3) providing a breakdown of the number of inspectors who 
        were--
                    (A) personnel of the United States Customs Service 
                before the date of the establishment of the Department 
                of Homeland Security;
                    (B) personnel of the Immigration and Naturalization 
                Service before the date of the establishment of the 
                Department;
                    (C) personnel of the Department of Agriculture 
                before the date of the establishment of the Department; 
                or
                    (D) hired after the date of the establishment of 
                the Department;
            (4) describing the training time provided to each employee 
        on an annual basis for the various training components of the 
        One Face at the Border Initiative; and
            (5) outlining the steps taken by the Department to ensure 
        that expertise is retained with respect to customs, 
        immigration, and agriculture inspection functions under the One 
        Face at the Border Initiative.

SEC. 106. SECURE COMMUNICATION.

    The Secretary of Homeland Security shall, as expeditiously as 
practicable, develop and implement a plan to ensure clear and secure 
two-way communication capabilities--
            (1) among all Border Patrol agents conducting operations 
        between ports of entry;
            (2) between Border Patrol agents and their respective 
        Border Patrol stations;
            (3) between Border Patrol agents and residents in remote 
        areas along the international land border who do not have 
        mobile communications, as the Secretary determines necessary; 
        and
            (4) between all appropriate Department of Homeland Security 
        border security agencies and State, local, and tribal law 
        enforcement agencies.

SEC. 107. PORT OF ENTRY INSPECTION PERSONNEL.

    In each of fiscal years 2007 through 2010, the Secretary of 
Homeland Security shall, subject to the availability of appropriations, 
increase by not less than 250 the number of positions for full-time 
active duty port of entry inspectors. There are authorized to be 
appropriated to the Secretary such sums as may be necessary for each 
such fiscal year to hire, train, equip, and support such additional 
inspectors under this section.

SEC. 108. CANINE DETECTION TEAMS.

    In each of fiscal years 2007 through 2011, the Secretary of 
Homeland Security shall, subject to the availability of appropriations, 
increase by not less than 25 percent above the number of such positions 
for which funds were allotted for the preceding fiscal year the number 
of trained detection canines for use at United States ports of entry 
and along the international land and maritime borders of the United 
States.

SEC. 109. SECURE BORDER INITIATIVE FINANCIAL ACCOUNTABILITY.

    (a) In General.--The Inspector General of the Department of 
Homeland Security shall review each contract action related to the 
Department's Secure Border Initiative having a value greater than 
$20,000,000, to determine whether each such action fully complies with 
applicable cost requirements, performance objectives, program 
milestones, inclusion of small, minority, and women-owned business, and 
timelines. The Inspector General shall complete a review under this 
subsection with respect to a contract action--
            (1) not later than 60 days after the date of the initiation 
        of the action; and
            (2) upon the conclusion of the performance of the contract.
    (b) Report by Inspector General.--Upon completion of each review 
described in subsection (a), the Inspector General shall submit to the 
Secretary of Homeland Security a report containing the findings of the 
review, including findings regarding any cost overruns, significant 
delays in contract execution, lack of rigorous departmental contract 
management, insufficient departmental financial oversight, bundling 
that limits the ability of small business to compete, or other high 
risk business practices.
    (c) Report by Secretary.--Not later than 30 days after the receipt 
of each report required under subsection (b), the Secretary of Homeland 
Security shall submit to the appropriate congressional committees (as 
defined in section 102(g)) a report on the findings of the report by 
the Inspector General and the steps the Secretary has taken, or plans 
to take, to address the problems identified in such report.
    (d) Authorization of Appropriations.--In addition to amounts that 
are otherwise authorized to be appropriated to the Office of the 
Inspector General, an additional amount equal to at least five percent 
for fiscal year 2007, at least six percent for fiscal year 2008, and at 
least seven percent for fiscal year 2009 of the overall budget of the 
Office for each such fiscal year is authorized to be appropriated to 
the Office to enable the Office to carry out this section.

SEC. 110. BORDER PATROL TRAINING CAPACITY REVIEW.

    (a) In General.--The Comptroller General of the United States shall 
conduct a review of the basic training provided to Border Patrol agents 
by the Department of Homeland Security to ensure that such training is 
provided as efficiently and cost-effectively as possible.
    (b) Components of Review.--The review under subsection (a) shall 
include the following components:
            (1) An evaluation of the length and content of the basic 
        training curriculum provided to new Border Patrol agents by the 
        Federal Law Enforcement Training Center, including a 
        description of how the curriculum has changed since September 
        11, 2001.
            (2) A review and a detailed breakdown of the costs incurred 
        by United States Customs and Border Protection and the Federal 
        Law Enforcement Training Center to train one new Border Patrol 
        agent.
            (3) A comparison, based on the review and breakdown under 
        paragraph (2) of the costs, effectiveness, scope, and quality, 
        including geographic characteristics, with other similar law 
        enforcement training programs provided by State and local 
        agencies, non-profit organizations, universities, and the 
        private sector.
            (4) An evaluation of whether and how utilizing comparable 
        non-Federal training programs, proficiency testing to 
        streamline training, and long-distance learning programs may 
        affect--
                    (A) the cost-effectiveness of increasing the number 
                of Border Patrol agents trained per year and reducing 
                the per agent costs of basic training; and
                    (B) the scope and quality of basic training needed 
                to fulfill the mission and duties of a Border Patrol 
                agent.

SEC. 111. AIRSPACE SECURITY MISSION IMPACT REVIEW.

    Not later than 120 days after the date of the enactment of this 
Act, the Secretary of Homeland Security shall submit to the Committee 
on Homeland Security of the House of Representatives a report detailing 
the impact the airspace security mission in the National Capital Region 
(in this section referred to as the ``NCR'') will have on the ability 
of the Department of Homeland Security to protect the international 
land and maritime borders of the United States. Specifically, the 
report shall address:
            (1) The specific resources, including personnel, assets, 
        and facilities, devoted or planned to be devoted to the NCR 
        airspace security mission, and from where those resources were 
        obtained or are planned to be obtained.
            (2) An assessment of the impact that diverting resources to 
        support the NCR mission has or is expected to have on the 
        traditional missions in and around the international land and 
        maritime borders of the United States.

SEC. 112. REPAIR OF PRIVATE INFRASTRUCTURE ON BORDER.

    (a) In General.--Subject to the amount appropriated in subsection 
(d) of this section, the Secretary of Homeland Security shall reimburse 
property owners for costs associated with repairing damages to the 
property owners' private infrastructure constructed on a United States 
Government right-of-way delineating the international land border when 
such damages are--
            (1) the result of unlawful entry of aliens; and
            (2) confirmed by the appropriate personnel of the 
        Department of Homeland Security and submitted to the Secretary 
        for reimbursement.
    (b) Value of Reimbursements.--Reimbursements for submitted damages 
as outlined in subsection (a) shall not exceed the value of the private 
infrastructure prior to damage.
    (c) Reports.--Not later than six months after the date of the 
enactment of this Act and every subsequent six months until the amount 
appropriated for this section is expended in its entirety, the 
Secretary of Homeland Security shall submit to the Committee on 
Homeland Security of the House of Representatives a report that details 
the expenditures and circumstances in which those expenditures were 
made pursuant to this section.
    (d) Authorization of Appropriations.--There shall be authorized to 
be appropriated an initial $50,000 for each fiscal year to carry out 
this section.

SEC. 113. BORDER PATROL UNIT FOR VIRGIN ISLANDS.

    Not later than September 30, 2006, the Secretary of Homeland 
Security shall establish at least one Border Patrol unit for the Virgin 
Islands of the United States.

SEC. 114. REPORT ON PROGRESS IN TRACKING TRAVEL OF CENTRAL AMERICAN 
              GANGS ALONG INTERNATIONAL BORDER.

    Not later than one year after the date of the enactment of this 
Act, the Secretary of Homeland Security shall report to the Committee 
on Homeland Security of the House of Representatives on the progress of 
the Department of Homeland Security in tracking the travel of Central 
American gangs across the international land border of the United 
States and Mexico.

SEC. 115. COLLECTION OF DATA.

    Beginning on October 1, 2006, the Secretary of Homeland Security 
shall annually compile data on the following categories of information:
            (1) The number of unauthorized aliens who require medical 
        care taken into custody by Border Patrol officials.
            (2) The number of unauthorized aliens with serious injuries 
        or medical conditions Border Patrol officials encounter, and 
        refer to local hospitals or other health facilities.
            (3) The number of unauthorized aliens with serious injuries 
        or medical conditions who arrive at United States ports of 
        entry and subsequently are admitted into the United States for 
        emergency medical care, as reported by United States Customs 
        and Border Protection.
            (4) The number of unauthorized aliens described in 
        paragraphs (2) and (3) who subsequently are taken into custody 
        by the Department of Homeland Security after receiving medical 
        treatment.

SEC. 116. DEPLOYMENT OF RADIATION DETECTION PORTAL EQUIPMENT AT UNITED 
              STATES PORTS OF ENTRY.

    (a) Deployment.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Homeland Security shall deploy 
radiation portal monitors at all United States ports of entry and 
facilities as determined by the Secretary to facilitate the screening 
of all inbound cargo for nuclear and radiological material.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit to the Committee on 
Homeland Security of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Senate a report on 
the Department's progress toward carrying out the deployment described 
in subsection (a).
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out subsection (a) such sums as 
may be necessary for each of fiscal years 2006 and 2007.

SEC. 117. CONSULTATION WITH BUSINESSES AND FIRMS.

    With respect to the Secure Border Initiative and for the purposes 
of strengthening security along the international land and maritime 
borders of the United States, the Secretary of Homeland Security shall 
conduct outreach to and consult with members of the private sector, 
including business councils, associations, and small, minority-owned, 
women-owned, and disadvantaged businesses to--
            (1) identify existing and emerging technologies, best 
        practices, and business processes;
            (2) maximize economies of scale, cost-effectiveness, 
        systems integration, and resource allocation; and
            (3) identify the most appropriate contract mechanisms to 
        enhance financial accountability and mission effectiveness of 
        border security programs.

  TITLE II--COMBATTING ALIEN SMUGGLING AND ILLEGAL ENTRY AND PRESENCE

SEC. 201. DEFINITION OF AGGRAVATED FELONY.

    (a) In General.--Section 101(a)(43) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(43)) is amended--
            (1) in subparagraph (N), by striking ``paragraph (1)(A) or 
        (2) of section 274(a) (relating to alien smuggling)'' and 
        inserting ``section 274(a)'' and by adding a semicolon at the 
        end;
            (2) in subparagraph (O), by striking ``section 275(a) or 
        276 committed by an alien who was previously deported on the 
        basis of a conviction for an offense described in another 
        subparagraph of this paragraph'', and inserting ``section 275 
        or section 276 for which the term of imprisonment was at least 
        one year'';
            (3) in subparagraph (U), by inserting before ``an attempt'' 
        the following: ``soliciting, aiding, abetting, counseling, 
        commanding, inducing, procuring or''; and
            (4) by striking all that follows subparagraph (U) and 
        inserting the following:
        ``The term applies--
                    ``(i) to an offense described in this paragraph 
                whether in violation of Federal or State law and 
                applies to such an offense in violation of the law of a 
                foreign country for which the term of imprisonment was 
                completed within the previous 15 years;
                    ``(ii) even if the length of the term of 
                imprisonment is based on recidivist or other 
                enhancements;
                    ``(iii) to an offense described in this paragraph 
                even if the statute setting forth the offense of 
                conviction sets forth other offenses not described in 
                this paragraph, unless the alien affirmatively shows, 
                by a preponderance of evidence and using public records 
                related to the conviction, including court records, 
                police records and presentence reports, that the 
                particular facts underlying the offense do not satisfy 
                the generic definition of that offense; and
                    ``(iv) regardless of whether the conviction was 
                entered before, on, or after September 30, 1996, and 
                notwithstanding any other provision of law (including 
                any effective date).''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to offenses that occur before, on, or after the date of the 
enactment of this Act.

SEC. 202. ALIEN SMUGGLING AND RELATED OFFENSES.

    Section 274 of the Immigration and Nationality Act (8 U.S.C. 1324) 
is amended to read as follows:

                 ``alien smuggling and related offenses

    ``Sec. 274. (a) Criminal Offenses and Penalties.--
            ``(1) Prohibited activities.--Whoever--
                    ``(A) assists, encourages, directs, or induces a 
                person to come to or enter the United States, or to 
                attempt to come to or enter the United States, knowing 
                or in reckless disregard of the fact that such person 
                is an alien who lacks lawful authority to come to or 
                enter the United States;
                    ``(B) assists, encourages, directs, or induces a 
                person to come to or enter the United States at a place 
                other than a designated port of entry or place other 
                than as designated by the Secretary of Homeland 
                Security, regardless of whether such person has 
                official permission or lawful authority to be in the 
                United States, knowing or in reckless disregard of the 
                fact that such person is an alien;
                    ``(C) assists, encourages, directs, or induces a 
                person to reside in or remain in the United States, or 
                to attempt to reside in or remain in the United States, 
                knowing or in reckless disregard of the fact that such 
                person is an alien who lacks lawful authority to reside 
                in or remain in the United States;
                    ``(D) transports or moves a person in the United 
                States, knowing or in reckless disregard of the fact 
                that such person is an alien who lacks lawful authority 
                to enter or be in the United States, where the 
                transportation or movement will aid or further in any 
                manner the person's illegal entry into or illegal 
                presence in the United States;
                    ``(E) harbors, conceals, or shields from detection 
                a person in the United States knowing or in reckless 
                disregard of the fact that such person is an alien who 
                lacks lawful authority to be in the United States;
                    ``(F) transports, moves, harbors, conceals, or 
                shields from detection a person outside of the United 
                States knowing or in reckless disregard of the fact 
                that such person is an alien in unlawful transit from 
                one country to another or on the high seas, under 
                circumstances in which the person is in fact seeking to 
                enter the United States without official permission or 
                lawful authority; or
                    ``(G) conspires or attempts to commit any of the 
                preceding acts,
        shall be punished as provided in paragraph (2), regardless of 
        any official action which may later be taken with respect to 
        such alien.
            ``(2) Criminal penalties.--A person who violates the 
        provisions of paragraph (1) shall--
                    ``(A) except as provided in subparagraphs (D) 
                through (H), in the case where the offense was not 
                committed for commercial advantage, profit, or private 
                financial gain, be imprisoned for not more than 5 
                years, or fined under title 18, United States Code, or 
                both;
                    ``(B) except as provided in subparagraphs (C) 
                through (H), where the offense was committed for 
                commercial advantage, profit, or private financial 
                gain--
                            ``(i) in the case of a first violation of 
                        this subparagraph, be imprisoned for not more 
                        than 20 years, or fined under title 18, United 
                        States Code, or both; and
                            ``(ii) for any subsequent violation, be 
                        imprisoned for not less than 3 years nor more 
                        than 20 years, or fined under title 18, United 
                        States Code, or both;
                    ``(C) in the case where the offense was committed 
                for commercial advantage, profit, or private financial 
                gain and involved 2 or more aliens other than the 
                offender, be imprisoned for not less than 3 nor more 
                than 20 years, or fined under title 18, United States 
                Code, or both;
                    ``(D) in the case where the offense furthers or 
                aids the commission of any other offense against the 
                United States or any State, which offense is punishable 
                by imprisonment for more than 1 year, be imprisoned for 
                not less than 5 nor more than 20 years, or fined under 
                title 18, United States Code, or both;
                    ``(E) in the case where any participant in the 
                offense created a substantial risk of death or serious 
                bodily injury to another person, including--
                            ``(i) transporting a person in an engine 
                        compartment, storage compartment, or other 
                        confined space;
                            ``(ii) transporting a person at an 
                        excessive speed or in excess of the rated 
                        capacity of the means of transportation; or
                            ``(iii) transporting or harboring a person 
                        in a crowded, dangerous, or inhumane manner,
                be imprisoned not less than 5 nor more than 20 years, 
                or fined under title 18, United States Code, or both;
                    ``(F) in the case where the offense caused serious 
                bodily injury (as defined in section 1365 of title 18, 
                United States Code, including any conduct that would 
                violate sections 2241 or 2242 of title 18, United 
                States Code, if the conduct occurred in the special 
                maritime and territorial jurisdiction of the United 
                States) to any person, be imprisoned for not less than 
                7 nor more than 30 years, or fined under title 18, 
                United States Code, or both;
                    ``(G) in the case where the offense involved an 
                alien who the offender knew or had reason to believe 
                was an alien--
                            ``(i) engaged in terrorist activity (as 
                        defined in section 212(a)(3)(B)); or
                            ``(ii) intending to engage in such 
                        terrorist activity,
                be imprisoned for not less than 10 nor more than 30 
                years, or fined under title 18, United States Code, or 
                both; and
                    ``(H) in the case where the offense caused or 
                resulted in the death of any person, be punished by 
                death or imprisoned for not less than 10 years, or any 
                term of years, or for life, or fined under title 18, 
                United States Code, or both.
            ``(3) Extraterritorial jurisdiction.--There is 
        extraterritorial Federal jurisdiction over the offenses 
        described in this subsection.
    ``(b) Employment of Unauthorized Aliens.--
            ``(1) In general.--Any person who, during any 12-month 
        period, knowingly hires for employment at least 10 individuals 
        with actual knowledge that the individuals are aliens described 
        in paragraph (2), shall be fined under title 18, United States 
        Code, imprisoned for not more than 5 years, or both.
            ``(2) Alien described.--A alien described in this paragraph 
        is an alien who--
                    ``(A) is an unauthorized alien (as defined in 
                section 274A(h)(3)); and
                    ``(B) has been brought into the United States in 
                violation of subsection (a).
    ``(c) Seizure and Forfeiture.--
            ``(1) In general.--Any property, real or personal, that has 
        been used to commit or facilitate the commission of a violation 
        of this section, the gross proceeds of such violation, and any 
        property traceable to such property or proceeds, shall be 
        subject to forfeiture.
            ``(2) Applicable procedures.--Seizures and forfeitures 
        under this subsection shall be governed by the provisions of 
        chapter 46 of title 18, United States Code, relating to civil 
        forfeitures, including section 981(d) of such title, except 
        that such duties as are imposed upon the Secretary of the 
        Treasury under the customs laws described in that section shall 
        be performed by such officers, agents, and other persons as may 
        be designated for that purpose by the Secretary of Homeland 
        Security.
    ``(d) Authority to Arrest.--No officer or person shall have 
authority to make any arrests for a violation of any provision of this 
section except officers and employees designated by the Secretary of 
Homeland Security, either individually or as a member of a class, and 
all other officers whose duty it is to enforce criminal laws.
    ``(e) Admissibility of Evidence.--
            ``(1) Prima facie evidence in determinations of 
        violations.--Notwithstanding any provision of the Federal Rules 
        of Evidence, in determining whether a violation of subsection 
        (a) has occurred, any of the following shall be prima facie 
        evidence that an alien involved in the violation lacks lawful 
        authority to come to, enter, reside, remain, or be in the 
        United States or that such alien had come to, entered, resided, 
        remained or been present in the United States in violation of 
        law:
                    ``(A) Any order, finding, or determination 
                concerning the alien's status or lack thereof made by a 
                federal judge or administrative adjudicator (including 
                an immigration judge or an immigration officer) during 
                any judicial or administrative proceeding authorized 
                under the immigration laws or regulations prescribed 
                thereunder.
                    ``(B) An official record of the Department of 
                Homeland Security, Department of Justice, or the 
                Department of State concerning the alien's status or 
                lack thereof.
                    ``(C) Testimony by an immigration officer having 
                personal knowledge of the facts concerning the alien's 
                status or lack thereof.
            ``(2) Videotaped testimony.--Notwithstanding any provision 
        of the Federal Rules of Evidence, the videotaped (or otherwise 
        audiovisually preserved) deposition of a witness to a violation 
        of subsection (a) who has been deported or otherwise expelled 
        from the United States, or is otherwise unavailable to testify, 
        may be admitted into evidence in an action brought for that 
        violation if the witness was available for cross examination at 
        the deposition and the deposition otherwise complies with the 
        Federal Rules of Evidence.
    ``(f) Definitions.--For purposes of this section:
            ``(1) The term `lawful authority' means permission, 
        authorization, or license that is expressly provided for in the 
        immigration laws of the United States or the regulations 
        prescribed thereunder. Such term does not include any such 
        authority secured by fraud or otherwise obtained in violation 
        of law, nor does it include authority that has been sought but 
        not approved. No alien shall be deemed to have lawful authority 
        to come to, enter, reside, remain, or be in the United States 
        if such coming to, entry, residence, remaining, or presence 
        was, is, or would be in violation of law.
            ``(2) The term `unlawful transit' means travel, movement, 
        or temporary presence that violates the laws of any country in 
        which the alien is present, or any country from which or to 
        which the alien is traveling or moving.''.

SEC. 203. IMPROPER ENTRY BY, OR PRESENCE OF, ALIENS.

    Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325) 
is amended--
            (1) in the section heading, by inserting ``unlawful 
        presence;'' after ``improper time or place;'';
            (2) in subsection (a), by striking ``Any alien'' and 
        inserting ``Except as provided in subsection (b), any alien'';
            (3) in subsection (a), by striking ``or'' before (3) and by 
        inserting after ``concealment of a material fact,'' the 
        following: ``or (4) is otherwise present in the United States 
        in violation of the immigration laws or the regulations 
        prescribed thereunder,'';
            (4) in subsection (a), by striking ``6 months'' and 
        inserting ``one year and a day'';
            (5) in subsection (c)--
                    (A) by striking ``5 years'' and inserting ``10 
                years''; and
                    (B) by adding at the end the following: ``An 
                offense under this subsection continues until the 
                fraudulent nature of the marriage is discovered by an 
                immigration officer.'';
            (6) in subsection (d)--
                    (A) by striking ``5 years'' and inserting ``10 
                years'';
                    (B) by adding at the end the following: ``An 
                offense under this subsection continues until the 
                fraudulent nature of the commercial enterprise is 
                discovered by an immigration officer''; and
            (7) by adding at the end the following new subsections:
    ``(e)(1) Any alien described in paragraph (2)--
            ``(A) shall be fined under title 18, United States Code, 
        imprisoned not more than 10 years, or both, if the offense 
        described in such paragraph was committed subsequent to a 
        conviction or convictions for commission of three or more 
        misdemeanors involving drugs, crimes against the person, or 
        both, or a felony (other than an aggravated felony); or
            ``(B) shall be fined under title 18, United States Code, 
        imprisoned not more than 20 years, or both, if such offense was 
        committed subsequent to a conviction for commission of an 
        aggravated felony.
    ``(2) An alien described in this paragraph is an alien who--
            ``(A) enters or attempts to enter the United States at any 
        time or place other than as designated by immigration officers;
            ``(B) eludes examination or inspection by immigration 
        officers;
            ``(C) attempts to enter or obtains entry to the United 
        States by a willfully false or misleading representation or the 
        willful concealment of a material fact; or
            ``(D) is otherwise present in the United States in 
        violation of the immigration laws or the regulations prescribed 
        thereunder.
    ``(3) The prior convictions in subparagraph (A) or (B) of paragraph 
(1) are elements of those crimes and the penalties in those 
subparagraphs shall apply only in cases in which the conviction (or 
convictions) that form the basis for the additional penalty are alleged 
in the indictment or information and are proven beyond a reasonable 
doubt at trial or admitted by the defendant in pleading guilty. Any 
admissible evidence may be used to show that the prior conviction is an 
aggravated felony or other qualifying crime, and the criminal trial for 
a violation of this section shall not be bifurcated.
    ``(4) An offense under subsection (a) or paragraph (1) of this 
subsection continues until the alien is discovered within the United 
States by immigration officers.
    ``(f) For purposes of this section, the term `attempts to enter' 
refers to the general intent of the alien to enter the United States 
and does not refer to the intent of the alien to violate the law.''.

SEC. 204. REENTRY OF REMOVED ALIENS.

    Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) 
is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2), by striking all that follows 
                ``United States'' and inserting a comma;
                    (B) in the matter following paragraph (2), by 
                striking ``imprisoned not more than 2 years,'' and 
                insert ``imprisoned for a term of not less than 1 year 
                and not more than 2 years,'';
                    (C) by adding at the end the following: ``It shall 
                be an affirmative defense to an offense under this 
                subsection that (A) prior to an alien's reembarkation 
                at a place outside the United States or an alien's 
                application for admission from foreign contiguous 
                territory, the Secretary of Homeland Security has 
                expressly consented to the alien's reapplying for 
                admission; or (B) with respect to an alien previously 
                denied admission and removed, such alien was not 
                required to obtain such advance consent under this Act 
                or any prior Act.'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``imprisoned not 
                more than 10 years,'' and insert ``imprisoned for a 
                term of not less than 5 years and not more than 10 
                years,'';
                    (B) in paragraph (2), by striking ``imprisoned not 
                more than 20 years,'' and insert ``imprisoned for a 
                term of not less than 10 years and not more than 20 
                years,'';
                    (C) in paragraph (3), by striking ``. or'' and 
                inserting ``; or'';
                    (D) in paragraph (4), by striking ``imprisoned for 
                not more than 10 years,'' and insert ``imprisoned for a 
                term of not less than 5 years and not more than 10 
                years,''; and
                    (E) by adding at the end the following: ``The prior 
                convictions in paragraphs (1) and (2) are elements of 
                enhanced crimes and the penalties under such paragraphs 
                shall apply only where the conviction (or convictions) 
                that form the basis for the additional penalty are 
                alleged in the indictment or information and are proven 
                beyond a reasonable doubt at trial or admitted by the 
                defendant in pleading guilty. Any admissible evidence 
                may be used to show that the prior conviction is a 
                qualifying crime and the criminal trial for a violation 
                of either such paragraph shall not be bifurcated.'';
            (3) in subsections (b)(3), (b)(4), and (c), by striking 
        ``Attorney General'' and inserting ``Secretary of Homeland 
        Security'' each place it appears;
            (4) in subsection (c), by striking ``242(h)(2)'' and 
        inserting ``241(a)(4)''; and
            (5) by adding at the end the following new subsection:
    ``(e) For purposes of this section, the term `attempts to enter' 
refers to the general intent of the alien to enter the United States 
and does not refer to the intent of the alien to violate the law.''.

SEC. 205. MANDATORY SENTENCING RANGES FOR PERSONS AIDING OR ASSISTING 
              CERTAIN REENTERING ALIENS.

    Section 277 of the Immigration and Nationality Act (8 U.S.C. 1327) 
is amended--
            (1) by striking ``Any person'' and inserting ``(a) Subject 
        to subsection (b), any person''; and
            (2) by adding at the end the following:
    ``(b)(1) Any person who knowingly aids or assists any alien 
violating section 276(b) to reenter the United States, or who connives 
or conspires with any person or persons to allow, procure, or permit 
any such alien to reenter the United States, shall be fined under title 
18, United States Code, imprisoned for a term imposed under paragraph 
(2), or both.
    ``(2) The term of imprisonment imposed under paragraph (1) shall be 
within the range to which the reentering alien is subject under section 
276(b).''.

SEC. 206. PROHIBITING CARRYING OR USING A FIREARM DURING AND IN 
              RELATION TO AN ALIEN SMUGGLING CRIME.

    Section 924(c) of title 18, United States Code, is amended--
            (1) in paragraphs (1)(A) and (1)(D)(ii), by inserting ``, 
        alien smuggling crime,'' after ``crime of violence'' each place 
        it appears;
            (2) by redesignating paragraph (4) as subparagraph (5); and
            (3) by inserting after paragraph (3) the following new 
        paragraph:
    ``(4) For purposes of this subsection, the term `alien smuggling 
crime' means any felony punishable under section 274(a), 277, or 278 of 
the Immigration and Nationality Act (8 U.S.C. 1324(a), 1327, or 
1328).''.

SEC. 207. CLARIFYING CHANGES.

    (a) Exclusion Based on False Claim of Nationality.--
            (1) In general.--Section 212(a)(6)(C)(ii) of the 
        Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(C)(ii)) is 
        amended--
                    (A) in the heading, by inserting ``or nationality'' 
                after ``citizenship''; and
                    (B) by inserting ``or national'' after ``citizen'' 
                each place it appears.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect on the date of the enactment of this Act and 
        shall apply to acts occurring before, on, or after such date.
    (b) Sharing of Information.--Section 290(b) of such Act (8 U.S.C. 
1360(b)) is amended--
            (1) by inserting ``, or as to any person seeking any 
        benefit or privilege under the immigration laws,'' after 
        ``United States'';
            (2) by striking ``Service'' and inserting ``Secretary of 
        Homeland Security''; and
            (3) by striking ``Attorney General'' and inserting 
        ``Secretary''.
    (c) Exceptions Authority.--Section 212(a)(3)(B)(ii) of such Act (8 
U.S.C. 1182(a)(3)(B)(ii)) is amended by striking ``Subclause (VII)'' 
and inserting ``Subclause (IX)''.

SEC. 208. VOLUNTARY DEPARTURE REFORM.

    (a) Encouraging Aliens to Depart Voluntarily.--
            (1) Authority.--Subsection (a) of section 240B of the 
        Immigration and Nationality Act (8 U.S.C. 1229c) is amended--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) In lieu of removal proceedings.--The Secretary of 
        Homeland Security 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, if 
        the alien is not described in section 237(a)(2)(A)(iii) or 
        section 237(a)(4).'';
                    (B) by striking paragraph (3);
                    (C) by redesignating paragraph (2) as paragraph 
                (3);
                    (D) by inserting after paragraph (1) the following 
                new paragraph:
            ``(2) Prior to the conclusion of removal proceedings.--
        After removal proceedings under section 240 are initiated, the 
        Attorney General may permit an alien voluntarily to depart the 
        United States at the alien's own expense under this subsection, 
        prior to the conclusion of such proceedings before an 
        immigration judge, if the alien is not described in section 
        237(a)(2)(A)(iii) or section 237(a)(4).''; and
                    (E) in paragraph (4), by striking ``paragraph (1)'' 
                and inserting ``paragraphs (1) and (2)''.
            (2) Voluntary departure period.--Such section is further 
        amended--
                    (A) in subsection (a)(3), as redesignated by 
                paragraph (1)(C)--
                            (i) by amending subparagraph (A) to read as 
                        follows:
                    ``(A) In lieu of removal.--Subject to subparagraph 
                (C), permission to depart voluntarily under paragraph 
                (1) shall not be valid for a period exceeding 120 days. 
                The Secretary of Homeland Security may require an alien 
                permitted to depart voluntarily under paragraph (1) to 
                post a voluntary departure bond, to be surrendered upon 
                proof that the alien has departed the United States 
                within the time specified.'';
                            (ii) in subparagraph (B), by striking 
                        ``subparagraphs (C) and (D)(ii)'' and inserting 
                        ``subparagraphs (D) and (E)(ii)'';
                            (iii) in subparagraphs (C) and (D), by 
                        striking ``subparagraph (B)'' and inserting 
                        ``subparagraph (C)'' each place it appears;
                            (iv) by redesignating subparagraphs (B), 
                        (C), and (D) as subparagraphs (C), (D), and 
                        (E), respectively; and
                            (v) by inserting after subparagraph (A) the 
                        following new subparagraph:
                    ``(B) Prior to the conclusion of removal 
                proceedings.--Permission to depart voluntarily under 
                paragraph (2) shall not be valid for a period exceeding 
                60 days, and may be granted only after a finding that 
                the alien has established that the alien has the means 
                to depart the United States and intends to do so. An 
                alien permitted to depart voluntarily under paragraph 
                (2) must 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. An immigration 
                judge may waive posting of a voluntary departure bond 
                in individual cases upon a finding that the alien has 
                presented compelling evidence that the posting of a 
                bond will be a serious financial hardship and the alien 
                has presented credible evidence that such a bond is 
                unnecessary to guarantee timely departure.''; and
                    (B) in subsection (b)(2), by striking ``60 days'' 
                and inserting ``45 days''.
            (3) Voluntary departure agreements.--Subsection (c) of such 
        section is amended to read as follows:
    ``(c) Conditions on Voluntary Departure.--
            ``(1) Voluntary departure agreement.--Voluntary departure 
        will be granted only as part of an affirmative agreement by the 
        alien. A voluntary departure agreement under subsection (b) 
        shall include a waiver of the right to any further motion, 
        appeal, application, petition, or petition for review relating 
        to removal or relief or protection from removal.
            ``(2) Concessions by the secretary.--In connection with the 
        alien's agreement to depart voluntarily under paragraph (1), 
        the Secretary of Homeland Security in the exercise of 
        discretion may agree to a reduction in the period of 
        inadmissibility under subparagraph (A) or (B)(i) of section 
        212(a)(9).
            ``(3) Failure to comply with agreement and effect of filing 
        timely appeal.--If an alien agrees to voluntary departure under 
        this section and fails to depart the United States within the 
        time allowed for voluntary departure or fails to comply with 
        any other terms of the agreement (including a failure to timely 
        post any required bond), the alien automatically becomes 
        ineligible for the benefits of the agreement, subject to the 
        penalties described in subsection (d), and subject to an 
        alternate order of removal if voluntary departure was granted 
        under subsection (a)(2) or (b). However, if an alien agrees to 
        voluntary departure but later files a timely appeal of the 
        immigration judge's decision granting voluntary departure, the 
        alien may pursue the appeal instead of the voluntary departure 
        agreement. Such appeal operates to void the alien's voluntary 
        departure agreement and the consequences thereof, but the alien 
        may not again be granted voluntary departure while the alien 
        remains in the United States.''.
            (4) Eligibility.--Subsection (e) of such section is amended 
        to read as follows:
    ``(e) Eligibility.--
            ``(1) Prior grant of voluntary departure.--An alien shall 
        not be permitted to depart voluntarily under this section if 
        the Secretary of Homeland Security or the Attorney General 
        previously permitted the alien to depart voluntarily.
            ``(2) Additional limitations.--The Secretary of Homeland 
        Security may by regulation limit eligibility or impose 
        additional conditions for voluntary departure under subsection 
        (a)(1) for any class or classes of aliens. The Secretary or 
        Attorney General may by regulation limit eligibility or impose 
        additional conditions for voluntary departure under subsection 
        (a)(2) or (b) for any class or classes of aliens. 
        Notwithstanding any other provision of law (statutory or 
        nonstatutory), including section 2241 of title 28, United 
        States Code, or any other habeas corpus provision, and section 
        1361 and 1651 of such title, no court may review any regulation 
        issued under this subsection.''.
    (b) Avoiding Delays in Voluntary Departure.--
            (1) Alien's obligation to depart within the time allowed.--
        Subsection (c) of section 240B of the Immigration and 
        Nationality Act (8 U.S.C. 1229c), as amended by subsection (a), 
        is further amended by adding at the end the following new 
        paragraph:
            ``(4) Voluntary departure period not affected.--Except as 
        expressly agreed to by the Secretary of Homeland Security in 
        writing in the exercise of the Secretary's discretion before 
        the expiration of the period allowed for voluntary departure, 
        no motion, appeal, application, petition, or petition for 
        review shall affect, reinstate, enjoin, delay, stay, or toll 
        the alien's obligation to depart from the United States during 
        the period agreed to by the alien and the Secretary.''
            (2) No tolling.--Subsection (f) of such section is amended 
        by adding at the end the following new sentence: 
        ``Notwithstanding any other provision of law (statutory or 
        nonstatutory), including section 2241 of title 28, United 
        States Code, or any other habeas corpus provision, and section 
        1361 and 1651 of such title, no court shall have jurisdiction 
        to affect, reinstate, enjoin, delay, stay, or toll the period 
        allowed for voluntary departure under this section.''.
    (c) Penalties for Failure to Depart Voluntarily.--
            (1) Penalties for failure to depart.--Subsection (d) of 
        section 240B of the Immigration and Nationality Act (8 U.S.C. 
        229c) is amended to read as follows:
    ``(d) Penalties for Failure to Depart.--If an alien is permitted to 
depart voluntarily under this section and fails voluntarily to depart 
from the United States within the time period specified or otherwise 
violates the terms of a voluntary departure agreement, the following 
provisions apply:
            ``(1) Civil penalty.--
                    ``(A) In general.--The alien will be liable for a 
                civil penalty of $3,000.
                    ``(B) Specification in order.--The order allowing 
                voluntary departure shall specify the amount of the 
                penalty, which shall be acknowledged by the alien on 
                the record.
                    ``(C) Collection.--If the Secretary of Homeland 
                Security thereafter establishes that the alien failed 
                to depart voluntarily within the time allowed, no 
                further procedure will be necessary to establish the 
                amount of the penalty, and the Secretary may collect 
                the civil penalty at any time thereafter and by 
                whatever means provided by law.
                    ``(D) Ineligibility for benefits.--An alien will be 
                ineligible for any benefits under this title until any 
                civil penalty under this subsection is paid.
            ``(2) Ineligibility for relief.--The alien will be 
        ineligible during the time the alien remains in the United 
        States and for a period of 10 years after the alien's departure 
        for any further relief under this section and sections 240A, 
        245, 248, and 249.
            ``(3) Reopening.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                alien will be ineligible to reopen a final order of 
                removal which took effect upon the alien's failure to 
                depart, or the alien's violation of the conditions for 
                voluntary departure, during the period described in 
                paragraph (2).
                    ``(B) Exception.--Subparagraph (A) does not 
                preclude a motion to reopen to seek withholding of 
                removal under section 241(b)(3) or protection against 
                torture.
        The order permitting the alien to depart voluntarily under this 
        section shall inform the alien of the penalties under this 
        subsection.''.
            (2) Implementation of existing statutory penalties.--The 
        Secretary of Homeland Security shall implement regulations to 
        provide for the imposition and collection of penalties for 
        failure to depart under section 240B(d) of the Immigration and 
        Nationality Act, as amended by paragraph (1).
    (d) Effective Dates.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply with respect to all 
        orders granting voluntary departure under section 240B of the 
        Immigration and Nationality Act (8 U.S.C. 1229c) made on or 
        after the date that is 180 days after the date of the enactment 
        of this Act.
            (2) Exception.--The amendment made by subsection (b)(2) 
        shall take effect on the date of the enactment of this Act and 
        shall apply with respect to any petition for review which is 
        entered on or after such date.

SEC. 209. DETERRING ALIENS ORDERED REMOVED FROM REMAINING IN THE UNITED 
              STATES UNLAWFULLY AND FROM UNLAWFULLY RETURNING TO THE 
              UNITED STATES AFTER DEPARTING VOLUNTARILY.

    (a) Inadmissible Aliens.--Paragraph (9) of section 212(a) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)) is amended--
            (1) in subparagraph (A)(i), by striking ``within 5 years 
        of'' and inserting ``before, or within 5 years of,''; and
            (2) in subparagraph (A)(ii) by striking ``within 10 years 
        of'' and inserting ``before, or within 10 years of,''.
    (b) Failure to Depart, Apply for Travel Documents, or Appear for 
Removal or Conspiracy to Prevent or Hamper Departure.--Section 274D of 
such Act (8 U.S.C. 1324d) is amended--
            (1) in subsection (a), by striking ``Commissioner'' and 
        inserting ``Secretary of Homeland Security''; and
            (2) by adding at the end the following new subsection:
    ``(c) Ineligibility for Relief.--
            ``(1) In general.--Subject to paragraph (2), unless a 
        timely motion to reopen is granted under section 240(c)(6), an 
        alien described in subsection (a) shall be ineligible for any 
        discretionary relief from removal pursuant to a motion to 
        reopen during the time the alien remains in the United States 
        and for a period of 10 years after the alien's departure.
            ``(2) Exception.--Paragraph (1) does not preclude a motion 
        to reopen to seek withholding of removal under section 
        241(b)(3) or protection against torture.''.
    (c) Deterring Aliens From Unlawfully Returning to the United States 
After Departing Voluntarily.--Section 275(a) of such Act (8 U.S.C. 
1325(a)) is amended by inserting ``or following an order of voluntary 
departure'' after ``a subsequent commission of any such offense''.
    (d) Effective Dates.--
            (1) In general.--The amendments made by subsections (a) and 
        (b) shall take effect on the date of the enactment of this Act 
        with respect to aliens who are subject to a final order of 
        removal, whether the removal order was entered before, on, or 
        after such date.
            (2) Voluntary departure.--The amendment made by subsection 
        (c) shall take effect on the date of the enactment of this Act 
        and shall apply with respect to conduct occurring on or after 
        such date.

         TITLE III--BORDER SECURITY COOPERATION AND ENFORCEMENT

SEC. 301. JOINT STRATEGIC PLAN FOR UNITED STATES BORDER SURVEILLANCE 
              AND SUPPORT.

    (a) In General.--The Secretary of Homeland Security and the 
Secretary of Defense shall develop a joint strategic plan to use the 
authorities provided to the Secretary of Defense under chapter 18 of 
title 10, United States Code, to increase the availability and use of 
Department of Defense equipment, including unmanned aerial vehicles, 
tethered aerostat radars, and other surveillance equipment, to assist 
with the surveillance activities of the Department of Homeland Security 
conducted at or near the international land and maritime borders of the 
United States.
    (b) Report.--Not later than six months after the date of the 
enactment of this Act, the Secretary of Homeland Security and the 
Secretary of Defense shall submit to Congress a report containing--
            (1) a description of the use of Department of Defense 
        equipment to assist with the surveillance by the Department of 
        Homeland Security of the international land and maritime 
        borders of the United States;
            (2) the joint strategic plan developed pursuant to 
        subsection (a);
            (3) a description of the types of equipment and other 
        support to be provided by the Department of Defense under the 
        joint strategic plan during the one-year period beginning after 
        submission of the report under this subsection; and
            (4) a description of how the Department of Homeland 
        Security and the Department of Defense are working with the 
        Department of Transportation on safety and airspace control 
        issues associated with the use of unmanned aerial vehicles in 
        the National Airspace System.
    (c) Rule of Construction.--Nothing in this section shall be 
construed as altering or amending the prohibition on the use of any 
part of the Army or the Air Force as a posse comitatus under section 
1385 of title 18, United States Code.

SEC. 302. BORDER SECURITY ON PROTECTED LAND.

    (a) In General.--The Secretary of Homeland Security, in 
consultation with the Secretary of the Interior, shall evaluate border 
security vulnerabilities on land directly adjacent to the international 
land border of the United States under the jurisdiction of the 
Department of the Interior related to the prevention of the entry of 
terrorists, other unlawful aliens, narcotics, and other contraband into 
the United States.
    (b) Support for Border Security Needs.--Based on the evaluation 
conducted pursuant to subsection (a), the Secretary of Homeland 
Security shall provide appropriate border security assistance on land 
directly adjacent to the international land border of the United States 
under the jurisdiction of the Department of the Interior, its bureaus, 
and tribal entities.

SEC. 303. BORDER SECURITY THREAT ASSESSMENT AND INFORMATION SHARING 
              TEST AND EVALUATION EXERCISE.

    Not later than one year after the date of the enactment of this 
Act, the Secretary of Homeland Security shall design and carry out a 
national border security exercise for the purposes of--
            (1) involving officials from Federal, State, territorial, 
        local, tribal, and international governments and 
        representatives from the private sector;
            (2) testing and evaluating the capacity of the United 
        States to anticipate, detect, and disrupt threats to the 
        integrity of United States borders; and
            (3) testing and evaluating the information sharing 
        capability among Federal, State, territorial, local, tribal, 
        and international governments.

SEC. 304. BORDER SECURITY ADVISORY COMMITTEE.

    (a) Establishment of Committee.--Not later than one year after the 
date of the enactment of this Act, the Secretary of Homeland Security 
shall establish an advisory committee to be known as the Border 
Security Advisory Committee (in this section referred to as the 
``Committee'').
    (b) Duties.--The Committee shall advise the Secretary on issues 
relating to border security and enforcement along the international 
land and maritime border of the United States.
    (c) Membership.--The Secretary shall appoint members to the 
Committee from the following:
            (1) State and local government representatives from States 
        located along the international land and maritime borders of 
        the United States.
            (2) Community representatives from such States.
            (3) Tribal authorities in such States.

SEC. 305. PERMITTED USE OF HOMELAND SECURITY GRANT FUNDS FOR BORDER 
              SECURITY ACTIVITIES.

    (a) Reimbursement.--The Secretary of Homeland Security may allow 
the recipient of amounts under a covered grant to use those amounts to 
reimburse itself for costs it incurs in carrying out any activity 
that--
            (1) relates to the enforcement of Federal laws aimed at 
        preventing the unlawful entry of persons or things into the 
        United States, including activities such as detecting or 
        responding to such an unlawful entry or providing support to 
        another entity relating to preventing such an unlawful entry;
            (2) is usually a Federal duty carried out by a Federal 
        agency; and
            (3) is carried out under agreement with a Federal agency.
    (b) Use of Prior Year Funds.--Subsection (a) shall apply to all 
covered grant funds received by a State, local government, or Indian 
tribe at any time on or after October 1, 2001.
    (c) Covered Grants.--For purposes of subsection (a), the term 
``covered grant'' means grants provided by the Department of Homeland 
Security to States, local governments, or Indian tribes administered 
under the following programs:
            (1) State homeland security grant program.--The State 
        Homeland Security Grant Program of the Department, or any 
        successor to such grant program.
            (2) Urban area security initiative.--The Urban Area 
        Security Initiative of the Department, or any successor to such 
        grant program.
            (3) Law enforcement terrorism prevention program.--The Law 
        Enforcement Terrorism Prevention Program of the Department, or 
        any successor to such grant program.

SEC. 306. CENTER OF EXCELLENCE FOR BORDER SECURITY.

    (a) Establishment.--The Secretary of Homeland Security shall 
establish a university-based Center of Excellence for Border Security 
following the merit-review processes and procedures and other 
limitations that have been established for selecting and supporting 
University Programs Centers of Excellence.
    (b) Activities of the Center.--The Center shall prioritize its 
activities on the basis of risk to address the most significant 
threats, vulnerabilities, and consequences posed by United States 
borders and border control systems. The activities shall include the 
conduct of research, the examination of existing and emerging border 
security technology and systems, and the provision of education, 
technical, and analytical assistance for the Department of Homeland 
Security to effectively secure the borders.

SEC. 307. SENSE OF CONGRESS REGARDING COOPERATION WITH INDIAN NATIONS.

    It is the sense of Congress that--
            (1) the Department of Homeland Security should strive to 
        include as part of a National Strategy for Border Security 
        recommendations on how to enhance Department cooperation with 
        sovereign Indian Nations on securing our borders and preventing 
        terrorist entry, including, specifically, the Department should 
        consider whether a Tribal Smart Border working group is 
        necessary and whether further expansion of cultural sensitivity 
        training, as exists in Arizona with the Tohono O'odham Nation, 
        should be expanded elsewhere; and
            (2) as the Department of Homeland Security develops a 
        National Strategy for Border Security, it should take into 
        account the needs and missions of each agency that has a stake 
        in border security and strive to ensure that these agencies 
        work together cooperatively on issues involving Tribal lands.

                    TITLE IV--DETENTION AND REMOVAL

SEC. 401. MANDATORY DETENTION FOR ALIENS APPREHENDED AT OR BETWEEN 
              PORTS OF ENTRY.

    (a) In General.--Beginning on October 1, 2006, an alien who is 
attempting to illegally enter the United States and who is apprehended 
at a United States port of entry or along the international land and 
maritime border of the United States shall be detained until removed or 
a final decision granting admission has been determined, unless the 
alien--
            (1) is permitted to withdraw an application for admission 
        under section 235(a)(4) of the Immigration and Nationality Act 
        (8 U.S.C. 1225(a)(4)) and immediately departs from the United 
        States pursuant to such section; or
            (2) is paroled into the United States by the Secretary of 
        Homeland Security for urgent humanitarian reasons or 
        significant public benefit in accordance with section 
        212(d)(5)(A) of such Act (8 U.S.C. 1182(d)(5)(A)).
    (b) Requirements During Interim Period.--Beginning 60 days after 
the date of the enactment of this Act and before October 1, 2006, an 
alien described in subsection (a) may be released with a notice to 
appear only if--
            (1) the Secretary of Homeland Security determines, after 
        conducting all appropriate background and security checks on 
        the alien, that the alien does not pose a national security 
        risk; and
            (2) the alien provides a bond of not less than $5,000.
    (c) Rules of Construction.--
            (1) Asylum and removal.--Nothing in this section shall be 
        construed as limiting the right of an alien to apply for asylum 
        or for relief or deferral of removal based on a fear of 
        persecution.
            (2) Treatment of certain aliens.--The mandatory detention 
        requirement in subsection (a) does not apply to any 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.

SEC. 402. EXPANSION AND EFFECTIVE MANAGEMENT OF DETENTION FACILITIES.

    Subject to the availability of appropriations, the Secretary of 
Homeland Security shall fully utilize--
            (1) all available detention facilities operated or 
        contracted by the Department of Homeland Security; and
            (2) all possible options to cost effectively increase 
        available detention capacities, including the use of temporary 
        detention facilities, the use of State and local correctional 
        facilities, private space, and secure alternatives to 
        detention.

SEC. 403. ENHANCING TRANSPORTATION CAPACITY FOR UNLAWFUL ALIENS.

    (a) In General.--The Secretary of Homeland Security is authorized 
to enter into contracts with private entities for the purpose of 
providing secure domestic transport of aliens who are apprehended at or 
along the international land or maritime borders from the custody of 
United States Customs and Border Protection to detention facilities and 
other locations as necessary.
    (b) Criteria for Selection.--Notwithstanding any other provision of 
law, to enter into a contract under paragraph (1), a private entity 
shall submit an application to the Secretary at such time, in such 
manner, and containing such information as the Secretary may require. 
The Secretary shall select from such applications those entities which 
offer, in the determination of the Secretary, the best combination of 
service, cost, and security.

SEC. 404. DENIAL OF ADMISSION TO NATIONALS OF COUNTRY DENYING OR 
              DELAYING ACCEPTING ALIEN.

    Section 243(d) of the Immigration and Nationality Act (8 U.S.C. 
1253(d)) is amended to read as follows:
    ``(d) Denial of Admission to Nationals of Country Denying or 
Delaying Accepting Alien.--Whenever the Secretary of Homeland Security 
determines that the government of a foreign country has denied or 
unreasonably delayed accepting an alien who is a citizen, subject, 
national, or resident of that country after the alien has been ordered 
removed, the Secretary, after consultation with the Secretary of State, 
may deny admission to any citizen, subject, national, or resident of 
that country until the country accepts the alien who was ordered 
removed.''.

SEC. 405. REPORT ON FINANCIAL BURDEN OF REPATRIATION.

    Not later than October 31 of each year, the Secretary of Homeland 
Security shall submit to the Secretary of State and Congress a report 
that details the cost to the Department of Homeland Security of 
repatriation of unlawful aliens to their countries of nationality or 
last habitual residence, including details relating to cost per 
country. The Secretary shall include in each such report the 
recommendations of the Secretary to more cost effectively repatriate 
such aliens.

SEC. 406. TRAINING PROGRAM.

    Not later than six months after the date of the enactment of this 
Act, the Secretary of Homeland Security--
            (1) review and evaluate the training provided to Border 
        Patrol agents and port of entry inspectors regarding the 
        inspection of aliens to determine whether an alien is referred 
        for an interview by an asylum officer for a determination of 
        credible fear;
            (2) based on the review and evaluation described in 
        paragraph (1), take necessary and appropriate measures to 
        ensure consistency in referrals by Border Patrol agents and 
        port of entry inspectors to asylum officers for determinations 
        of credible fear.

SEC. 407. EXPEDITED REMOVAL.

    (a) In General.--Section 235(b)(1)(A)(iii) of the Immigration and 
Nationality Act (8 U.S.C. 1225(b)(1)(A)(iii)) is amended--
            (1) in subclause (I), by striking ``Attorney General'' and 
        inserting ``Secretary of Homeland Security'' each place it 
        appears; and
            (2) by adding at the end the following new subclause:
                                    ``(III) Exception.--Notwithstanding 
                                subclauses (I) and (II), the Secretary 
                                of Homeland Security shall apply 
                                clauses (i) and (ii) of this 
                                subparagraph to any alien (other than 
                                an alien described in subparagraph (F)) 
                                who is not a national of a country 
                                contiguous to the United States, who 
                                has not been admitted or paroled into 
                                the United States, and who is 
                                apprehended within 100 miles of an 
                                international land border of the United 
                                States and within 14 days of entry.''.
    (b) Exceptions.--Section 235(b)(1)(F) of the Immigration and 
Nationality Act (8 U.S.C. 1225(b)(1)(F)) is amended by striking ``who 
arrives by aircraft at a port of entry'' and inserting ``, and who 
arrives by aircraft at a port of entry or who is present in the United 
States and arrived in any manner at or between a port of entry''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to all 
aliens apprehended on or after such date.

      TITLE V--EFFECTIVE ORGANIZATION OF BORDER SECURITY AGENCIES

SEC. 501. ENHANCED BORDER SECURITY COORDINATION AND MANAGEMENT.

    The Secretary of Homeland Security shall ensure full coordination 
of border security efforts among agencies within the Department of 
Homeland Security, including United States Immigration and Customs 
Enforcement, United States Customs and Border Protection, and United 
States Citizenship and Immigration Services, and shall identify and 
remedy any failure of coordination or integration in a prompt and 
efficient manner. In particular, the Secretary of Homeland Security 
shall--
            (1) oversee and ensure the coordinated execution of border 
        security operations and policy;
            (2) establish a mechanism for sharing and coordinating 
        intelligence information and analysis at the headquarters and 
        field office levels pertaining to counter-terrorism, border 
        enforcement, customs and trade, immigration, human smuggling, 
        human trafficking, and other issues of concern to both United 
        States Immigration and Customs Enforcement and United States 
        Customs and Border Protection;
            (3) establish Department of Homeland Security task forces 
        (to include other Federal, State, Tribal and local law 
        enforcement agencies as appropriate) as necessary to better 
        coordinate border enforcement and the disruption and 
        dismantling of criminal organizations engaged in cross-border 
        smuggling, money laundering, and immigration violations;
            (4) enhance coordination between the border security and 
        investigations missions within the Department by requiring 
        that, with respect to cases involving violations of the customs 
        and immigration laws of the United States, United States 
        Customs and Border Protection coordinate with and refer all 
        such cases to United States Immigration and Customs 
        Enforcement;
            (5) examine comprehensively the proper allocation of the 
        Department's border security related resources, and analyze 
        budget issues on the basis of Department-wide border 
        enforcement goals, plans, and processes;
            (6) establish measures and metrics for determining the 
        effectiveness of coordinated border enforcement efforts; and
            (7) develop and implement a comprehensive plan to protect 
        the northern and southern land borders of the United States and 
        address the different challenges each border faces by--
                    (A) coordinating all Federal border security 
                activities;
                    (B) improving communications and data sharing 
                capabilities within the Department and with other 
                Federal, State, local, tribal, and foreign law 
                enforcement agencies on matters relating to border 
                security; and
                    (C) providing input to relevant bilateral 
                agreements to improve border functions, including 
                ensuring security and promoting trade and tourism.

SEC. 502. OFFICE OF AIR AND MARINE OPERATIONS.

    (a) Establishment.--Subtitle C of title IV of the Homeland Security 
Act of 2002 (6 U.S.C. 201 et seq.) is amended by adding at the end the 
following new section:

``SEC. 431. OFFICE OF AIR AND MARINE OPERATIONS.

    ``(a) Establishment.--There is established in the Department an 
Office of Air and Marine Operations (referred to in this section as the 
`Office').
    ``(b) Assistant Secretary.--The Office shall be headed by an 
Assistant Secretary for Air and Marine Operations who shall be 
appointed by the President, by and with the advice and consent of the 
Senate, and who shall report directly to the Secretary. The Assistant 
Secretary shall be responsible for all functions and operations of the 
Office.
    ``(c) Missions.--
            ``(1) Primary mission.--The primary mission of the Office 
        shall be the prevention of the entry of terrorists, other 
        unlawful aliens, instruments of terrorism, narcotics, and other 
        contraband into the United States.
            ``(2) Secondary mission.--The secondary mission of the 
        Office shall be to assist other agencies to prevent the entry 
        of terrorists, other unlawful aliens, instruments of terrorism, 
        narcotics, and other contraband into the United States.
    ``(d) Air and Marine Operations Center.--
            ``(1) In general.--The Office shall operate and maintain 
        the Air and Marine Operations Center in Riverside, California, 
        or at such other facility of the Office as is designated by the 
        Secretary.
            ``(2) Duties.--The Center shall provide comprehensive 
        radar, communications, and control services to the Office and 
        to eligible Federal, State, or local agencies (as determined by 
        the Assistant Secretary for Air and Marine Operations), in 
        order to identify, track, and support the interdiction and 
        apprehension of individuals attempting to enter United States 
        airspace or coastal waters for the purpose of narcotics 
        trafficking, trafficking of persons, or other terrorist or 
        criminal activity.
    ``(e) Access to Information.--The Office shall ensure that other 
agencies within the Department of Homeland Security, the Department of 
Defense, the Department of Justice, and such other Federal, State, or 
local agencies, as may be determined by the Secretary, shall have 
access to the information gathered and analyzed by the Center.
    ``(f) Requirement.--Beginning not later than 180 days after the 
date of the enactment of this Act, the Secretary shall require that all 
information concerning all aviation activities, including all airplane, 
helicopter, or other aircraft flights, that are undertaken by the 
either the Office, United States Immigration and Customs Enforcement, 
United States Customs and Border Protection, or any subdivisions 
thereof, be provided to the Air and Marine Operations Center. Such 
information shall include the identifiable transponder, radar, and 
electronic emissions and codes originating and resident aboard the 
aircraft or similar asset used in the aviation activity.
    ``(g) Timing.--The Secretary shall require the information 
described in subsection (f) to be provided to the Air and Marine 
Operations Center in advance of the aviation activity whenever 
practicable for the purpose of timely coordination and conflict 
resolution of air missions by the Office, United States Immigration and 
Customs Enforcement, and United States Customs and Border Protection.
    ``(h) Rule of Construction.--Nothing in this section shall be 
construed to alter, impact, diminish, or in any way undermine the 
authority of the Administrator of the Federal Aviation Administration 
to oversee, regulate, and control the safe and efficient use of the 
airspace of the United States.''.
    (b) Technical and Conforming Amendments.--
            (1) Additional assistant secretary.--Section 103(a)(9) of 
        the Homeland Security Act of 2002 (6 U.S.C. 113(a)(9)) is 
        amended by striking ``12'' and inserting ``13''.
            (2) Clerical amendment.--The table of contents in section 
        1(b) of such Act (6 U.S.C. 101) is amended by inserting after 
        the item relating to section 430 the following new item:

``Sec. 431. Office of Air and Marine Operations''.

SEC. 503. SHADOW WOLVES TRANSFER.

    (a) Transfer of Existing Unit.--Not later that 90 days after the 
date of the enactment of this Act, the Secretary of Homeland Security 
shall transfer to United States Immigration and Customs Enforcement all 
functions (including the personnel, assets, and liabilities 
attributable to such functions) of the Customs Patrol Officers unit 
operating on the Tohono O'odham Indian reservation (commonly known as 
the ``Shadow Wolves'' unit).
    (b) Establishment of New Units.--The Secretary is authorized to 
establish within United States Immigration and Customs Enforcement 
additional units of Customs Patrol Officers in accordance with this 
section, as appropriate.
    (c) Duties.--The Customs Patrol Officer unit transferred pursuant 
to subsection (a), and additional units established pursuant to 
subsection (b), shall operate on Indian lands by preventing the entry 
of terrorists, other unlawful aliens, instruments of terrorism, 
narcotics, and other contraband into the United States.
    (d) Basic Pay for Journeyman Officers.--A Customs Patrol Officer in 
a unit described in this section shall receive equivalent pay as a 
special agent with similar competencies within United States 
Immigration and Customs Enforcement pursuant to the Department of 
Homeland Security's Human Resources Management System established under 
section 841 of the Homeland Security Act (6 U.S.C. 411).
    (e) Supervisors.--Each unit described in this section shall be 
supervised by a Chief Customs Patrol Officer, who shall have the same 
rank as a resident agent-in-charge of the Office of Investigations 
within United States Immigration and Customs Enforcement.

                TITLE VI--TERRORIST AND CRIMINAL ALIENS

SEC. 601. REMOVAL OF TERRORIST ALIENS.

    (a) Expansion of Removal.--
            (1) Section 241(b)(3) of the Immigration and Nationality 
        Act (8 U.S.C. 1231(b)(3)) is amended--
                    (A) in subparagraph (A)--
                            (i) by striking ``Attorney General may 
                        not'' and inserting ``Secretary of Homeland 
                        Security may not'';
                            (ii) by inserting ``or the Secretary'' 
                        after ``if the Attorney General''
                    (B) in subparagraph (B)--
                            (i) by inserting ``or the Secretary of 
                        Homeland Security'' after ``if the Attorney 
                        General'';
                            (ii) by striking ``or'' in clause (iii);
                            (iii) by striking the period at the end of 
                        clause (iv) and inserting ``; or'';
                            (iv) by inserting after clause (iv) the 
                        following new clause:
                            ``(v) the alien is described in any 
                        subclause of section 212(a)(3)(B)(i) or section 
                        212(a)(3)(F)'', unless, in the case only of an 
                        alien described in subclause (IV) or (IX) of 
                        section 212(a)(3)(B)(i), the Secretary of 
                        Homeland Security determines, in the 
                        Secretary's discretion, that there are not 
                        reasonable grounds for regarding the alien as a 
                        danger to the security of the United States.''; 
                        and
                            (v) in the third sentence, by inserting 
                        ``or the Secretary of Homeland Security'' after 
                        ``Attorney General''; and
                            (vi) by striking the last sentence.
            (2) Section 208(b)(2)(A)(v) of such Act (8 U.S.C. 
        1158(b)(2)(A)(v)) is amended--
                    (A) by striking ``subclause (I), (II), (III), (IV), 
                or (VI)'' and inserting ``any subclause'';
                    (B) by striking ``237(a)(4)(B)'' and inserting 
                ``212(a)(3)(F)''; and
                    (C) by inserting ``or (IX)'' after ``subclause 
                (IV)''.
            (3) Section 240A(c)(4) of such Act (8 U.S.C. 1229b(c)(4)) 
        is amended--
                    (A) by striking ``inadmissible under'' and 
                inserting ``described in''; and
                    (B) by striking ``deportable under'' and inserting 
                ``described in''.
            (4) Section 240B(b)(1)(C) of such Act (8 U.S.C. 
        1229c(b)(1)(C)) is amended by striking ``deportable under'' and 
        inserting ``described in''.
            (5) Section 249 of such Act (8 U.S.C. 1259)) is amended--
                    (A) by striking ``inadmissible under'' and 
                inserting ``described in''; and
                    (B) in paragraph (d), by striking ``deportable 
                under'' and inserting ``described in''.
    (b) Retroactive Application.--The amendments made by this section 
shall take effect on the date of enactment of this Act and sections 
208(b)(2)(A), 240A, 240B, 241(b)(3), and 249 of the Immigration and 
Nationality Act, as so amended, shall apply to--
            (1) all aliens in removal, deportation, or exclusion 
        proceedings;
            (2) all applications pending on or filed after the date of 
        the enactment of this Act; and
            (3) with respect to aliens and applications described in 
        paragraph (1) or (2), acts and conditions constituting a ground 
        for inadmissibility, excludability, deportation, or removal 
        occurring or existing before, on, or after the date of the 
        enactment of this Act.

SEC. 602. DETENTION OF DANGEROUS ALIENS.

     (a) In General.--Section 241 of the Immigration and Nationality 
Act (8 U.S.C. 1231) is amended--
            (1) in subsection (a), by striking ``Attorney General'' and 
        inserting ``Secretary of Homeland Security'' each place it 
        appears;
            (2) in subsection (a)(1)(B), by adding after and below 
        clause (iii) the following:
                ``If, at that time, the alien is not in the custody of 
                the Secretary (under the authority of this Act), the 
                Secretary shall take the alien into custody for 
                removal, and the removal period shall not begin until 
                the alien is taken into such custody. If the Secretary 
                transfers custody of the alien during the removal 
                period pursuant to law to another Federal agency or a 
                State or local government agency in connection with the 
                official duties of such agency, the removal period 
                shall be tolled, and shall begin anew on the date of 
                the alien's return to the custody of the Secretary.'';
            (3) by amending clause (ii) of subsection (a)(1)(B) to read 
        as follows:
                            ``(ii) If a court, the Board of Immigration 
                        Appeals, or an immigration judge orders a stay 
                        of the removal of the alien, the date the stay 
                        of removal is no longer in effect.'';
            (4) by amending subparagraph (C) of subsection (a)(1) to 
        read as follows:
                    ``(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 all 
                reasonable efforts to comply with the removal order, or 
                to fully cooperate with the Secretary's efforts to 
                establish the alien's identity and carry out the 
                removal order, including making timely application in 
                good faith for travel or other documents necessary to 
                the alien's departure, or conspires or acts to prevent 
                the alien's removal subject to an order of removal.'';
            (5) in subsection (a)(2), by adding at the end the 
        following: ``If a court orders a stay of removal of an alien 
        who is subject to an administratively final order of removal, 
        the Secretary in the exercise of discretion may detain the 
        alien during the pendency of such stay of removal.'';
            (6) in subsection (a)(3), by amending subparagraph (D) to 
        read as follows:
                    ``(D) to obey reasonable restrictions on the 
                alien's conduct or activities, or perform affirmative 
                acts, that the Secretary prescribes for the alien, in 
                order to prevent the alien from absconding, or for the 
                protection of the community, or for other purposes 
                related to the enforcement of the immigration laws.'';
            (7) in subsection (a)(6), by striking ``removal period and, 
        if released,'' and inserting ``removal period, in the 
        discretion of the Secretary, without any limitations other than 
        those specified in this section, until the alien is removed. If 
        an alien is released, the alien'';
            (8) by redesignating paragraph (7) of subsection (a) as 
        paragraph (10) and inserting after paragraph (6) of such 
        subsection the following new paragraphs:
            ``(7) Parole.--If an alien detained pursuant to paragraph 
        (6) is an applicant for admission, the Secretary, in the 
        Secretary's discretion, may parole the alien under section 
        212(d)(5) of this Act and may provide, notwithstanding section 
        212(d)(5), that the alien shall not be returned to custody 
        unless either the alien violates the conditions of the alien's 
        parole or the alien's removal becomes reasonably foreseeable, 
        provided that in no circumstance shall such alien be considered 
        admitted.
            ``(8) Application of additional rules for detention or 
        release of certain aliens who have made an entry.--The 
        procedures described in subsection (j) shall only apply with 
        respect to an alien who--
                    ``(A) was lawfully admitted the most recent time 
                the alien entered the United States or has otherwise 
                effected an entry into the United States, and
                    ``(B) is not detained under paragraph (6).
            ``(9) Judicial review.--Without regard to the place of 
        confinement, judicial review of any action or decision pursuant 
        to paragraphs (6), (7), or (8) or subsection (j) shall be 
        available exclusively in habeas corpus proceedings instituted 
        in the United States District Court for the District of 
        Columbia, and only if the alien has exhausted all 
        administrative remedies (statutory and regulatory) available to 
        the alien as of right.''; and
            (9) by adding at the end the following new subsection:
    ``(j) Additional Rules for Detention or Release of Certain Aliens 
Who Have Made an Entry.--
            ``(1) Application.--The procedures described in this 
        subsection apply in the case of an alien described in 
        subsection (a)(8).
            ``(2) Establishment of a detention review process for 
        aliens who fully cooperate with removal.--
                    ``(A) In general.--The Secretary shall establish an 
                administrative review process to determine whether the 
                aliens should be detained or released on conditions for 
                aliens who--
                            ``(i) have made all reasonable efforts to 
                        comply with their removal orders;
                            ``(ii) have complied with the Secretary's 
                        efforts to carry out the removal orders, 
                        including making timely application in good 
                        faith for travel or other documents necessary 
                        to the alien's departure, and
                            ``(iii) have not conspired or acted to 
                        prevent removal.
                    ``(B) Determination.--The Secretary shall make a 
                determination whether to release an alien after the 
                removal period in accordance with paragraphs (3) and 
                (4). The determination--
                            ``(i) shall include consideration of any 
                        evidence submitted by the alien and the history 
                        of the alien's efforts to comply with the order 
                        of removal, and
                            ``(ii) may include any information or 
                        assistance provided by the Department of State 
                        or other Federal agency and any other 
                        information available to the Secretary 
                        pertaining to the ability to remove the alien.
            ``(3) Authority to detain beyond the removal period .--
                    ``(A) Initial 90 day period.--The Secretary in the 
                exercise of discretion, without any limitations other 
                than those specified in this section, may continue to 
                detain an alien for 90 days beyond the removal period 
                (including any extension of the removal period as 
                provided in subsection (a)(1)(C)).
                    ``(B) Extension.--
                            ``(i) In general.--The Secretary in the 
                        exercise of discretion, without any limitations 
                        other than those specified in this section, may 
                        continue to detain an alien beyond the 90 days 
                        authorized in subparagraph (A) if the 
                        conditions described in subparagraph (A), (B), 
                        or (C) of paragraph (4) apply.
                            ``(ii) Renewal.--The Secretary may renew a 
                        certification under paragraph (4)(A) every six 
                        months without limitation, after providing an 
                        opportunity for the alien to request 
                        reconsideration of the certification and to 
                        submit documents or other evidence in support 
                        of that request. If the Secretary does not 
                        renew a certification, the Secretary may not 
                        continue to detain the alien under such 
                        paragraph.
                            ``(iii) Delegation.--Notwithstanding 
                        section 103, the Secretary may not delegate the 
                        authority to make or renew a certification 
                        described in clause (ii), (iii), or (v) of 
                        paragraph (4)(B) below the level of the 
                        Assistant Secretary for Immigration and Customs 
                        Enforcement.
                            ``(iv) Hearing.--The Secretary may request 
                        that the Attorney General provide for a hearing 
                        to make the determination described in clause 
                        (iv)(II) of paragraph (4)(B).
            ``(4) Conditions for extension.--The conditions for 
        continuation of detention are any of the following:
                    ``(A) The Secretary determines that there is a 
                significant likelihood that the alien--
                            ``(i) will be removed in the reasonably 
                        foreseeable future; or
                            ``(ii) would be removed in the reasonably 
                        foreseeable future, or would have been removed, 
                        but for the alien's failure or refusal to make 
                        all reasonable efforts to comply with the 
                        removal order, or to fully cooperate with the 
                        Secretary's efforts to establish the alien's 
                        identity and carry out the removal order, 
                        including making timely application in good 
                        faith for travel or other documents necessary 
                        to the alien's departure, or conspiracies or 
                        acts to prevent removal.
                    ``(B) The Secretary certifies in writing any of the 
                following:
                            ``(i) In consultation with the Secretary of 
                        Health and Human Services, the alien has a 
                        highly contagious disease that poses a threat 
                        to public safety.
                            ``(ii) After receipt of a written 
                        recommendation from the Secretary of State, the 
                        release of the alien is likely to have serious 
                        adverse foreign policy consequences for the 
                        United States.
                            ``(iii) Based on information available to 
                        the Secretary (including available information 
                        from the intelligence community, and without 
                        regard to the grounds upon which the alien was 
                        ordered removed), there is reason to believe 
                        that the release of the alien would threaten 
                        the national security of the United States.
                            ``(iv) The release of the alien will 
                        threaten the safety of the community or any 
                        person, the conditions of release cannot 
                        reasonably be expected to ensure the safety of 
                        the community or any person, and--
                                    ``(I) the alien has been convicted 
                                of one or more aggravated felonies 
                                described in section 101(a)(43)(A) or 
                                of one or more crimes identified by the 
                                Secretary by regulation, or of one or 
                                more attempts or conspiracies to commit 
                                any such aggravated felonies or such 
                                crimes, for an aggregate term of 
                                imprisonment of at least five years; or
                                    ``(II) the alien has committed one 
                                or more crimes of violence and, because 
                                of a mental condition or personality 
                                disorder and behavior associated with 
                                that condition or disorder, the alien 
                                is likely to engage in acts of violence 
                                in the future.
                            ``(v) The release of the alien will 
                        threaten the safety of the community or any 
                        person, conditions of release cannot reasonably 
                        be expected to ensure the safety of the 
                        community or any person, and the alien has been 
                        convicted of at least one aggravated felony.
                    ``(C) Pending a determination under subparagraph 
                (B), so long as the Secretary has initiated the 
                administrative review process no later than 30 days 
                after the expiration of the removal period (including 
                any extension of the removal period as provided in 
                subsection (a)(1)(C)).
            ``(5) Release on conditions.--If it is determined that an 
        alien should be released from detention, the Secretary in the 
        exercise of discretion may impose conditions on release as 
        provided in subsection (a)(3).
            ``(6) Redetention.--The Secretary in the exercise of 
        discretion, without any limitations other than those specified 
        in this section, may again detain any alien subject to a final 
        removal order who is released from custody if the alien fails 
        to comply with the conditions of release or to cooperate in the 
        alien's removal from the United States, or if, upon 
        reconsideration, the Secretary determines that the alien can be 
        detained under paragraph (1). Paragraphs (6) through (8) of 
        subsection (a) shall apply to any alien returned to custody 
        pursuant to this paragraph, as if the removal period terminated 
        on the day of the redetention.
            ``(7) Certain aliens who effected entry.--If an alien has 
        effected an entry into the United States but has neither been 
        lawfully admitted nor physically present in the United States 
        continuously for the 2-year period immediately prior to the 
        commencement of removal proceedings under this Act or 
        deportation proceedings against the alien, the Secretary in the 
        exercise of discretion may decide not to apply subsection 
        (a)(8) and this subsection and may detain the alien without any 
        limitations except those imposed by regulation.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect upon the date of enactment of this Act, and section 241 of 
the Immigration and Nationality Act, as amended, shall apply to--
            (1) all aliens subject to a final administrative removal, 
        deportation, or exclusion order that was issued before, on, or 
        after the date of enactment of this Act; and
            (2) acts and conditions occurring or existing before, on, 
        or after the date of enactment of this Act.

SEC. 603. INCREASE IN CRIMINAL PENALTIES.

    Section 243 of the Immigration and Nationality Act (8 U.S.C. 1253) 
is amended--
            (1) in subsection (a)(1)--
                    (A) in the matter before subparagraph (A), by 
                inserting ``or 212(a)'' after ``section 237(a)''; and
                    (B) by striking ``imprisoned not more than four 
                years'' and inserting ``imprisoned for not less than 
                six months or more than five years''; and
            (2) in subsection (b)--
                    (A) by striking ``not more than $1,000'' and 
                inserting ``under title 18, United States Code''; and
                    (B) by striking ``for not more than one year'' and 
                inserting ``for not less than six months or more than 
                five years (or 10 years if the alien is a member of any 
                class described in paragraph (1)(E), (2), (3), or (4) 
                of section 237(a)''.

SEC. 604. PRECLUDING ADMISSIBILITY OF AGGRAVATED FELONS AND OTHER 
              CRIMINALS.

    (a) Exclusion Based on Fraudulent Documentation.--Section 
212(a)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(2)(A)(i)) is amended--
            (1) in subclause (I), by striking ``or'' at the end;
            (2) in subclause (II), by adding ``or'' at the end; and
            (3) by inserting after subclause (II) the following new 
        subclause:
                                    ``(III) a violation (or a 
                                conspiracy or attempt to violate) an 
                                offense described in section 208 of the 
                                Social Security Act or section 1028 of 
                                title 18, United States Code,''.
    (b) Exclusion Based on Aggravated Felony, Unlawful Procurement of 
Citizenship, and Crimes of Domestic Violence.--Section 212(a)(2) of 
such Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end the 
following new subparagraphs:
                    ``(J) Aggravated felony.--Any alien who is 
                convicted of an aggravated felony at any time is 
                inadmissible.
                    ``(K) Unlawful procurement of citizenship.--Any 
                alien convicted of, or who admits having committed, or 
                who admits committing acts which constitute the 
                essential elements of, a violation of (or a conspiracy 
                or attempt to violate) subsection (a) or (b) of section 
                1425 of title 18, United States Code is inadmissible.
                    ``(L) Crimes of domestic violence, stalking, or 
                violation of protection orders; crimes against 
                children.--
                            ``(i) Domestic violence, stalking, or child 
                        abuse.--
                                    ``(I) In general.--Subject to 
                                subclause (II), any alien who at any 
                                time is convicted of, or who admits 
                                having committed, or who admits 
                                committing acts which constitute the 
                                essential elements of, a crime of 
                                domestic violence, a crime of stalking, 
                                or a crime of child abuse, child 
                                neglect, or child abandonment is 
                                inadmissible.
                                    ``(II) Waiver for victims of 
                                domestic violence.--Subclause (I) shall 
                                not apply to any alien described in 
                                section 237(a)(7)(A).
                                    ``(III) Crime of domestic violence 
                                defined.--For purposes of subclause 
                                (I), 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 or foreign 
                                government.
                            ``(ii) Violators of protection orders.--
                                    ``(I) In general.--Any alien who at 
                                any time 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 person 
                                for whom the protection order was 
                                issued is inadmissible.
                                    ``(II) Protection order defined.--
                                For purposes of subclause (I), 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 an independent order in 
                                another proceeding.''.
    (c) Waiver Authority.--Section 212(h) of such Act (8 U.S.C. 
1182(h)) is amended--
            (1) by striking ``Attorney General may, in his discretion, 
        waive the application of subparagraphs (A)(i)(I), (B), (D), and 
        (E) of subsection (a)(2)'' and inserting ``The Attorney General 
        or the Secretary of Homeland Security may, in the discretion of 
        the Attorney General or such Secretary, waive the application 
        of subparagraph (A)(i)(I), (A)(i)(III), (B), (D), (E), (K), and 
        (L) of subsection (a)(2)'';
            (2) in paragraphs (1)(A) and (1)(B) and the last sentence, 
        by inserting ``or the Secretary'' after ``Attorney General'' 
        each place it appears;
            (3) in paragraph (2), by striking ``Attorney General may, 
        in his discretion'' and ``as he'' and inserting ``Attorney 
        General or the Secretary of Homeland Security, in the 
        discretion of the Attorney General or such Secretary,'' and 
        ``as the Attorney General or the Secretary'', respectively;
            (4) in the second sentence, by striking ``criminal acts 
        involving torture'' and inserting ``criminal acts involving 
        torture, or an aggravated felony''; and
            (5) in the third sentence, by striking ``if either since 
        the date of such admission the alien has been convicted of an 
        aggravated felony or the alien'' and inserting ``if since the 
        date of such admission the alien''.
    (d) Construction.--The amendments made by this section shall not be 
construed to create eligibility for relief from removal under section 
212(c) of the Immigration and Nationality Act, as in effect before its 
repeal by section 304(b) of the Immigration Reform and Immigrant 
Responsibility Act of 1996 (division C of Public Law 104-208), where 
such eligibility did not exist before these amendments became 
effective.
    (e) Effective Date.--The amendments made by this section shall 
apply to--
            (1) any act that occurred before, on, or after the date of 
        the enactment of this Act; and
            (2) to all aliens who are required to establish 
        admissibility on or after the such date, and in all removal, 
        deportation, or exclusion proceedings that are filed, pending, 
        or reopened, on or after such date.

SEC. 605. PRECLUDING REFUGEE OR ASYLEE ADJUSTMENT OF STATUS FOR 
              AGGRAVATED FELONIES.

    (a) In General.--Section 209(c) of the Immigration and Nationality 
Act (8 U.S.C. 1159(c)) is amended by adding at the end the following: 
``However, an alien who is convicted of an aggravated felony is not 
eligible for a waiver or for adjustment of status under this 
section.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply--
            (1) to any act that occurred before, on, or after the date 
        of the enactment of this Act; and
            (2) to all aliens who are required to establish 
        admissibility on or after such date, and in all removal, 
        deportation, or exclusion proceedings that are filed, pending, 
        or reopened, on or after such date.

SEC. 606. REMOVING DRUNK DRIVERS.

    (a) In General.--Section 101(a)(43)(F) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(43)(F)) is amended by inserting ``, 
including a third drunk driving conviction, regardless of the States in 
which the convictions occurred, and regardless of whether the offenses 
are deemed to be misdemeanors or felonies under State or Federal law,'' 
after ``offense)''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
convictions entered before, on, or after such date.

SEC. 607. DESIGNATED COUNTY LAW ENFORCEMENT ASSISTANCE PROGRAM.

    (a) Designated Counties Adjacent to the Southern Border of the 
United States Defined.--In this section, the term ``designated counties 
adjacent to the southern international border of the United States'' 
includes a county any part of which is within 25 miles of the southern 
international border of the United States.
    (b) Authority.--
            (1) In general.--Any Sheriff or coalition or group of 
        Sheriffs from designated counties adjacent to the southern 
        international border of the United States may transfer aliens 
        detained or in the custody of the Sheriff who are not lawfully 
        present in the United States to appropriate Federal law 
        enforcement officials, and shall be promptly paid for the costs 
        of performing such transfers by the Attorney General for any 
        local or State funds previously expended or proposed to be 
        spent by that Sheriff or coalition or group of Sheriffs.
            (2) Payment of costs.--Payment of costs under paragraph (1) 
        shall include payment for costs of detaining, housing, and 
        transporting aliens who are not lawfully present in the United 
        States or who have unlawfully entered the United States at a 
        location other than a port of entry and who are taken into 
        custody by the Sheriff.
            (3) Limitation to future costs.--In no case shall payment 
        be made under this section for costs incurred before the date 
        of the enactment of this Act.
            (4) Advance payment of costs.--The Attorney General shall 
        make an advance payment under this section upon a certification 
        of anticipated costs for which payment may be made under this 
        section, but in no case shall such an advance payment cover a 
        period of costs of longer than 3 months.
    (c) Designated County Law Enforcement Account.--
            (1) Separate account.--Reimbursement or pre-payment under 
        subsection (b) shall be made promptly from funds deposited into 
        a separate account in the Treasury of the United States to be 
        entitled the ``Designated County Law Enforcement Account''.
            (2) Availability of funds.--All deposits into the 
        Designated County Law Enforcement Account shall remain 
        available until expended to the Attorney General to carry out 
        the provisions of this section.
            (3) Promptly defined.--For purposes of this section, the 
        term ``promptly'' means within 60 days.
    (d) Funds for the Designated County Law Enforcement Account.--Only 
funds designated, authorized, or appropriated by Congress may be 
deposited or transferred to the Designated County Law Enforcement 
Account. The Designated County Law Enforcement Account is authorized to 
receive up to $100,000,000 per year.
    (e) Use of Funds.--
            (1) In general.--Funds provided under this section shall be 
        payable directly to participating Sheriff's offices and may be 
        used for the transfers described in subsection (b)(1), 
        including the costs of personnel (such as overtime pay and 
        costs for reserve deputies), costs of training of such 
        personnel, equipment, and, subject to paragraph (2), the 
        construction, maintenance, and operation of detention 
        facilities to detain aliens who are unlawfully present in the 
        United States. For purposes of this section, an alien who is 
        unlawfully present in the United States shall be deemed to be a 
        Federal prisoner beginning upon determination by Federal law 
        enforcement officials that such alien is unlawfully present in 
        the United States, and such alien shall, upon such 
        determination, be deemed to be in Federal custody. In order for 
        costs to be eligible for payment, the Sheriff making such 
        application shall personally certify under oath that all costs 
        submitted in the application for reimbursement or advance 
        payment meet the requirements of this section and are 
        reasonable and necessary, and such certification shall be 
        subject to all State and Federal laws governing statements made 
        under oath, including the penalties of perjury, removal from 
        office, and prosecution under State and Federal law.
            (2) Limitation.--Not more than 20 percent of the amount of 
        funds provided under this section may be used for the 
        construction or renovation of detention or similar facilities.
    (f) Disposition and Delivery of Detained Aliens.--All aliens 
detained or taken into custody by a Sheriff under this section and with 
respect to whom Federal law enforcement officials determine are 
unlawfully present in the United States, shall be immediately delivered 
to Federal law enforcement officials. In accordance with subsection 
(e)(1), an alien who is in the custody of a Sheriff shall be deemed to 
be a Federal prisoner and in Federal custody.
    (g) Regulations.--The Attorney General shall issue, on an interim 
final basis, regulations not later than 60 days after the date of the 
enactment of this Act--
            (1) governing the distribution of funds under this section 
        for all reasonable and necessary costs and other expenses 
        incurred or proposed to be incurred by a Sheriff or coalition 
        or group of Sheriffs under this section; and
            (2) providing uniform standards that all other Federal law 
        enforcement officials shall follow to cooperate with such 
        Sheriffs and to otherwise implement the requirements of this 
        section.
    (h) Effective Date.--The provisions of this section shall take 
effect on its enactment. The promulgation of any regulations under 
subsection (g) is not a necessary precondition to the immediate 
deployment or work of Sheriffs personnel or corrections officers as 
authorized by this section. Any reasonable and necessary expenses or 
costs authorized by this section and incurred by such Sheriffs after 
the date of the enactment of this Act but prior to the date of the 
promulgation of such regulations are eligible for reimbursement under 
the terms and conditions of this section.
    (i) Audit.--All funds paid out under this section are subject to 
audit by the Inspector General of the Department of Justice and abuse 
or misuse of such funds shall be vigorously investigated and prosecuted 
to the full extent of Federal law.
    (j) Supplemental Funding.--All funds paid out under this section 
must supplement, and may not supplant, State or local funds used for 
the same or similar purposes.

SEC. 608. RENDERING INADMISSIBLE AND DEPORTABLE ALIENS PARTICIPATING IN 
              CRIMINAL STREET GANGS; DETENTION; INELIGIBILITY FROM 
              PROTECTION FROM REMOVAL AND ASYLUM.

    (a) Inadmissible.--Section 212(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(2)), as amended by section 604(b), is 
further amended by adding at the end the following:
                    ``(M) Criminal street gang participation.--
                            ``(i) In general.--Any alien is 
                        inadmissible if the alien has been removed 
                        under section 237(a)(2)(F), or if the consular 
                        officer or the Secretary of Homeland Security 
                        knows, or has reasonable ground to believe that 
                        the alien--
                                    ``(I) is a member of a criminal 
                                street gang and has committed, 
                                conspired, or threatened to commit, or 
                                seeks to enter the United States to 
                                engage solely, principally, or 
                                incidentally in, a gang crime or any 
                                other unlawful activity; or
                                    ``(II) is a member of a criminal 
                                street gang designated under section 
                                219A.
                            ``(ii) Criminal street gang defined.--For 
                        purposes of this subparagraph, the term 
                        `criminal street gang' means a formal or 
                        informal group or association of 3 or more 
                        individuals, who commit 2 or more gang crimes 
                        (one of which is a crime of violence, as 
                        defined in section 16 of title 18, United 
                        States Code) in 2 or more separate criminal 
                        episodes in relation to the group or 
                        association.
                            ``(iii) Gang crime defined.--For purposes 
                        of this subparagraph, the term `gang crime' 
                        means conduct constituting any Federal or State 
                        crime, punishable by imprisonment for one year 
                        or more, in any of the following categories:
                                    ``(I) A crime of violence (as 
                                defined in section 16 of title 18, 
                                United States Code).
                                    ``(II) A crime involving 
                                obstruction of justice, tampering with 
                                or retaliating against a witness, 
                                victim, or informant, or burglary.
                                    ``(III) A crime involving the 
                                manufacturing, importing, distributing, 
                                possessing with intent to distribute, 
                                or otherwise dealing in a controlled 
                                substance or listed chemical (as those 
                                terms are defined in section 102 of the 
                                Controlled Substances Act (21 U.S.C. 
                                802)).
                                    ``(IV) Any conduct punishable under 
                                section 844 of title 18, United States 
                                Code (relating to explosive materials), 
                                subsection (d), (g)(1) (where the 
                                underlying conviction is a violent 
                                felony (as defined in section 
                                924(e)(2)(B) of such title) or is a 
                                serious drug offense (as defined in 
                                section 924(e)(2)(A)), (i), (j), (k), 
                                (o), (p), (q), (u), or (x) of section 
                                922 of such title (relating to unlawful 
                                acts), or subsection (b), (c), (g), 
                                (h), (k), (l), (m), or (n) of section 
                                924 of such title (relating to 
                                penalties), section 930 of such title 
                                (relating to possession of firearms and 
                                dangerous weapons in Federal 
                                facilities), section 931 of such title 
                                (relating to purchase, ownership, or 
                                possession of body armor by violent 
                                felons), sections 1028 and 1029 of such 
                                title (relating to fraud and related 
                                activity in connection with 
                                identification documents or access 
                                devices), section 1952 of such title 
                                (relating to interstate and foreign 
                                travel or transportation in aid of 
                                racketeering enterprises), section 1956 
                                of such title (relating to the 
                                laundering of monetary instruments), 
                                section 1957 of such title (relating to 
                                engaging in monetary transactions in 
                                property derived from specified 
                                unlawful activity), or sections 2312 
                                through 2315 of such title (relating to 
                                interstate transportation of stolen 
                                motor vehicles or stolen property).
                                    ``(V) Any conduct punishable under 
                                section 274 (relating to bringing in 
                                and harboring certain aliens), section 
                                277 (relating to aiding or assisting 
                                certain aliens to enter the United 
                                States), or section 278 (relating to 
                                importation of alien for immoral 
                                purpose) of this Act.''.
    (b) Deportable.--Section 237(a)(2) of such Act (8 U.S.C. 
1227(a)(2)) is amended by adding at the end the following:
                    ``(F) Criminal street gang participation.--
                            ``(i) In general.--Any alien is deportable 
                        who--
                                    ``(I) is a member of a criminal 
                                street gang and is convicted of 
                                committing, or conspiring, threatening, 
                                or attempting to commit, a gang crime; 
                                or
                                    ``(II) is determined by the 
                                Secretary of Homeland Security to be a 
                                member of a criminal street gang 
                                designated under section 219A.
                            ``(ii) Definitions.--For purposes of this 
                        subparagraph, the terms `criminal street gang' 
                        and `gang crime' have the meaning given such 
                        terms in section 212(a)(2)(M).''.
    (c) Designation of Criminal Street Gangs.--
            (1) In general.--Chapter 2 of title II of the Immigration 
        and Nationality Act (8 U.S.C. 1181 et seq.) is amended by 
        adding at the end the following:

                 ``designation of criminal street gangs

    ``Sec. 219A. (a) Designation.--
            ``(1) In general.--The Attorney General is authorized to 
        designate a group or association as a criminal street gang in 
        accordance with this subsection if the Attorney General finds 
        that the group or association meets the criteria described in 
        section 212(a)(2)(M)(ii)(I).
            ``(2) Procedure.--
                    ``(A) Notice.--
                            ``(i) To congressional leaders.--Seven days 
                        before making a designation under this 
                        subsection, the Attorney General shall notify 
                        the Speaker and Minority Leader of the House of 
                        Representatives and the Majority Leader and 
                        Minority Leader of the Senate, and the members 
                        of the relevant committees of the House of 
                        Representatives and the Senate, in writing, of 
                        the intent to designate a group or association 
                        under this subsection, together with the 
                        findings made under paragraph (1) with respect 
                        to that group or association, and the factual 
                        basis therefor.
                            ``(ii) Publication in federal register.--
                        The Attorney shall publish the designation in 
                        the Federal Register seven days after providing 
                        the notification under clause (i).
                    ``(B) Effect of designation.--
                            ``(i) A designation under this subsection 
                        shall take effect upon publication under 
                        subparagraph (A)(ii).
                            ``(ii) Any designation under this 
                        subsection shall cease to have effect upon an 
                        Act of Congress disapproving such designation.
            ``(3) Record.--In making a designation under this 
        subsection, the Attorney General shall create an administrative 
        record.
            ``(4) Period of designation.--
                    ``(A) In general.--A designation under this 
                subsection shall be effective for all purposes until 
                revoked under paragraph (5) or (6) or set aside 
                pursuant to subsection (b).
                    ``(B) Review of designation upon petition.--
                            ``(i) In general.--The Attorney General 
                        shall review the designation of a criminal 
                        street gang under the procedures set forth in 
                        clauses (iii) and (iv) if the designated gang 
                        or association files a petition for revocation 
                        within the petition period described in clause 
                        (ii).
                            ``(ii) Petition period.--For purposes of 
                        clause (i)--
                                    ``(I) if the designated gang or 
                                association has not previously filed a 
                                petition for revocation under this 
                                subparagraph, the petition period 
                                begins 2 years after the date on which 
                                the designation was made; or
                                    ``(II) if the designated gang or 
                                association has previously filed a 
                                petition for revocation under this 
                                subparagraph, the petition period 
                                begins 2 years after the date of the 
                                determination made under clause (iv) on 
                                that petition.
                            ``(iii) Procedures.--Any criminal street 
                        gang that submits a petition for revocation 
                        under this subparagraph must provide evidence 
                        in that petition that the relevant 
                        circumstances described in paragraph (1) are 
                        sufficiently different from the circumstances 
                        that were the basis for the designation such 
                        that a revocation with respect to the gang is 
                        warranted.
                            ``(iv) Determination.--
                                    ``(I) In general.--Not later than 
                                180 days after receiving a petition for 
                                revocation submitted under this 
                                subparagraph, the Attorney General 
                                shall make a determination as to such 
                                revocation.
                                    ``(II) Publication of 
                                determination.--A determination made by 
                                the Attorney General under this clause 
                                shall be published in the Federal 
                                Register.
                                    ``(III) Procedures.--Any revocation 
                                by the Attorney General shall be made 
                                in accordance with paragraph (6).
                    ``(C) Other review of designation.--
                            ``(i) In general.--If in a 5-year period no 
                        review has taken place under subparagraph (B), 
                        the Attorney General shall review the 
                        designation of the criminal street gang in 
                        order to determine whether such designation 
                        should be revoked pursuant to paragraph (6).
                            ``(ii) Procedures.--If a review does not 
                        take place pursuant to subparagraph (B) in 
                        response to a petition for revocation that is 
                        filed in accordance with that subparagraph, 
                        then the review shall be conducted pursuant to 
                        procedures established by the Attorney General. 
                        The results of such review and the applicable 
                        procedures shall not be reviewable in any 
                        court.
                            ``(iii) Publication of results of review.--
                        The Attorney General shall publish any 
                        determination made pursuant to this 
                        subparagraph in the Federal Register.
            ``(5) Revocation by act of congress.--The Congress, by an 
        Act of Congress, may block or revoke a designation made under 
        paragraph (1).
            ``(6) Revocation based on change in circumstances.--
                    ``(A) In general.--The Attorney General may revoke 
                a designation made under paragraph (1) at any time, and 
                shall revoke a designation upon completion of a review 
                conducted pursuant to subparagraphs (B) and (C) of 
                paragraph (4) if the Attorney General finds that the 
                circumstances that were the basis for the designation 
                have changed in such a manner as to warrant revocation.
                    ``(B) Procedure.--The procedural requirements of 
                paragraphs (2) and (3) shall apply to a revocation 
                under this paragraph. Any revocation shall take effect 
                on the date specified in the revocation or upon 
                publication in the Federal Register if no effective 
                date is specified.
            ``(7) Effect of revocation.--The revocation of a 
        designation under paragraph (5) or (6) shall not affect any 
        action or proceeding based on conduct committed prior to the 
        effective date of such revocation.
            ``(8) Use of designation in hearing.--If a designation 
        under this subsection has become effective under paragraph 
        (2)(B) an alien in a removal proceeding shall not be permitted 
        to raise any question concerning the validity of the issuance 
        of such designation as a defense or an objection at any 
        hearing.
    ``(b) Judicial Review of Designation.--
            ``(1) In general.--Not later than 30 days after publication 
        of the designation in the Federal Register, a group or 
        association designated as a criminal street gang may seek 
        judicial review of the designation in the United States Court 
        of Appeals for the District of Columbia Circuit.
            ``(2) Basis of review.--Review under this subsection shall 
        be based solely upon the administrative record.
            ``(3) Scope of review.--The Court shall hold unlawful and 
        set aside a designation the court finds to be--
                    ``(A) arbitrary, capricious, an abuse of 
                discretion, or otherwise not in accordance with law;
                    ``(B) contrary to constitutional right, power, 
                privilege, or immunity;
                    ``(C) in excess of statutory jurisdiction, 
                authority, or limitation, or short of statutory right;
                    ``(D) lacking substantial support in the 
                administrative record taken as a whole; or
                    ``(E) not in accord with the procedures required by 
                law.
            ``(4) Judicial review invoked.--The pendency of an action 
        for judicial review of a designation shall not affect the 
        application of this section, unless the court issues a final 
        order setting aside the designation.
    ``(c) Relevant Committee Defined.--As used in this section, the 
term `relevant committees' means the Committees on the Judiciary of the 
House of Representatives and of the Senate.''.
            (2) Clerical amendment.--The table of contents of such Act 
        (8 U.S.C. 1101 et seq.) is amended by inserting after the item 
        relating to section 219 the following:

``Sec. 219A. Designation of criminal street gangs''.
    (d) Mandatory Detention of Criminal Street Gang Members.--
            (1) In general.--Section 236(c)(1)(D) of the Immigration 
        and Nationality Act (8 U.S.C. 1226(c)(1)(D)) is amended--
                    (A) by inserting ``or 212(a)(2)(M)'' after 
                ``212(a)(3)(B)''; and
                    (B) by inserting ``or 237(a)(2)(F)'' before 
                ``237(a)(4)(B)''.
            (2) Annual report.--Not later than March 1 of each year 
        (beginning 1 year after the date of the enactment of this Act), 
        the Secretary of Homeland Security, after consultation with the 
        appropriate Federal agencies, shall submit a report to the 
        Committees on the Judiciary of the House of Representatives and 
        of the Senate on the number of aliens detained under the 
        amendments made by paragraph (1).
            (3) Effective date.--This subsection and the amendments 
        made by this subsection are effective as of the date of 
        enactment of this Act and shall apply to aliens detained on or 
        after such date.
    (e) Ineligibility of Alien Street Gang Members From Protection From 
Removal and Asylum.--
            (1) Inapplicability of restriction on removal to certain 
        countries.--Section 241(b)(3)(B) of the Immigration and 
        Nationality Act (8 U.S.C. 1251(b)(3)(B)) is amended, in the 
        matter preceding clause (i), by inserting ``who is described in 
        section 212(a)(2)(M)(i) or section 237(a)(2)(F)(i) or who is'' 
        after ``to an alien''.
            (2) Ineligibility for asylum.--Section 208(b)(2)(A) of such 
        Act (8 U.S.C. 1158(b)(2)(A)) is amended--
                    (A) in clause (v), by striking ``or'' at the end;
                    (B) by redesignating clause (vi) as clause (vii); 
                and
                    (C) by inserting after clause (v) the following:
                            ``(vi) the alien is described in section 
                        212(a)(2)(M)(i) or section 237(a)(2)(F)(i) 
                        (relating to participation in criminal street 
                        gangs); or''.
            (3) Denial of review of determination of ineligibility for 
        temporary protected status.--Section 244(c)(2) of such Act (8 
        U.S.C. 1254(c)(2)) is amended by adding at the end the 
        following:
                    ``(C) Limitation on judicial review.--There shall 
                be no judicial review of any finding under subparagraph 
                (B) that an alien is in described in section 
                208(b)(2)(A)(vi).''.
            (4) Effective date.--The amendments made by this subsection 
        are effective on the date of enactment of this Act and shall 
        apply to all applications pending on or after such date.
    (f) Effective Date.--Except as otherwise provided, the amendments 
made by this section are effective as of the date of enactment and 
shall apply to all pending cases in which no final administrative 
action has been entered.

SEC. 609. NATURALIZATION REFORM.

    (a) Barring Terrorists From Naturalization.--Section 316 of the 
Immigration and Nationality Act (8 U.S.C. 1427) is amended by adding at 
the end the following new subsection:
    ``(g) No person shall be naturalized who the Secretary of Homeland 
Security determines, in the Secretary's discretion, to have been at any 
time an alien described in section 212(a)(3) or 237(a)(4). Such 
determination may be based upon any relevant information or evidence, 
including classified, sensitive, or national security information, and 
shall be binding upon, and unreviewable by, any court exercising 
jurisdiction under the immigration laws over any application for 
naturalization, regardless whether such jurisdiction to review a 
decision or action of the Secretary is de novo or otherwise.''.
    (b) Concurrent Naturalization and Removal Proceedings.--The last 
sentence of section 318 of such Act (8 U.S.C. 1429) is amended--
            (1) by striking ``shall be considered by the Attorney 
        General'' and inserting ``shall be considered by the Secretary 
        of Homeland Security or any court'';
            (2) by striking ``pursuant to a warrant of arrest issued 
        under the provisions of this or any other Act:'' and inserting 
        ``or other proceeding to determine the applicant's 
        inadmissibility or deportability, or to determine whether the 
        applicant's lawful permanent resident status should be 
        rescinded, regardless of when such proceeding was commenced:''; 
        and
            (3) by striking ``upon the Attorney General'' and inserting 
        ``upon the Secretary of Homeland Security''.
    (c) Pending Denaturalization or Removal Proceedings.--Section 
204(b) of such Act (8 U.S.C. 1154(b)) is amended by adding at the end 
the following: ``No petition shall be approved pursuant to this section 
if there is any administrative or judicial proceeding (whether civil or 
criminal) pending against the petitioner that could (whether directly 
or indirectly) result in the petitioner's denaturalization or the loss 
of the petitioner's lawful permanent resident status.''.
    (d) Conditional Permanent Residents.--Section 216(e) and section 
216A(e) of such Act (8 U.S.C. 1186a(e), 1186b(e)) are each amended by 
inserting before the period at the end the following: ``, if the alien 
has had the conditional basis removed under this section''.
    (e) District Court Jurisdiction.--Section 336(b) of such Act (8 
U.S.C. 1447(b)) is amended to read as follows:
    ``(b) If there is a failure to render a final administrative 
decision under section 335 before the end of the 180-day period after 
the date on which the Secretary of Homeland Security completes all 
examinations and interviews conducted under such section, as such terms 
are defined by the Secretary pursuant to regulations, the applicant may 
apply to the district court for the district in which the applicant 
resides for a hearing on the matter. Such court shall only have 
jurisdiction to review the basis for delay and remand the matter to the 
Secretary for the Secretary's determination on the application.''.
    (f) Conforming Amendments.--Section 310(c) of such Act (8 U.S.C. 
1421(c)) is amended--
            (1) by inserting ``, no later than the date that is 120 
        days after the Secretary's final determination'' before 
        ``seek''; and
            (2) by striking the second sentence and inserting the 
        following: ``The burden shall be upon the petitioner to show 
        that the Secretary's denial of the application was not 
        supported by facially legitimate and bona fide reasons. Except 
        in a proceeding under section 340, notwithstanding any other 
        provision of law (statutory or nonstatutory), including section 
        2241 of title 28, United States Code, or any other habeas 
        corpus provision, and sections 1361 and 1651 of such title, no 
        court shall have jurisdiction to determine, or to review a 
        determination of the Secretary made at any time regarding, for 
        purposes of an application for naturalization, whether an alien 
        is a person of good moral character, whether an alien 
        understands and is attached to the principles of the 
        Constitution of the United States, or whether an alien is well 
        disposed to the good order and happiness of the United 
        States.''.
    (g) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act, shall apply to any act 
that occurred before, on, or after such date, and shall apply to any 
application for naturalization or any other case or matter under the 
immigration laws pending on, or filed on or after, such date.

SEC. 610. EXPEDITED REMOVAL FOR ALIENS INADMISSIBLE ON CRIMINAL OR 
              SECURITY GROUNDS.

    (a) In General.--Section 238(b) of the Immigration and Nationality 
Act (8 U.S.C. 1228(b)) is amended-
            (1) in paragraph (1)--
                    (A) by striking ``Attorney General'' and inserting 
                ``Secretary of Homeland Security in the exercise of 
                discretion''; and
                    (B) by striking ``set forth in this subsection or'' 
                and inserting ``set forth in this subsection, in lieu 
                of removal proceedings under'';
            (2) in paragraph (3), by striking ``paragraph (1) until 14 
        calendar days'' and inserting ``paragraph (1) or (3) until 7 
        calendar days'';
            (3) by striking ``Attorney General'' each place it appears 
        in paragraphs (3) and (4) and inserting ``Secretary of Homeland 
        Security'';
            (4) in paragraph (5)--
                    (A) by striking ``described in this section'' and 
                inserting ``described in paragraph (1) or (2)''; and
                    (B) by striking ``the Attorney General may grant in 
                the Attorney General's discretion'' and inserting ``the 
                Secretary of Homeland Security or the Attorney General 
                may grant, in the discretion of the Secretary or 
                Attorney General, in any proceeding'';
            (5) by redesignating paragraphs (3), (4), and (5) as 
        paragraphs (4), (5), and (6), respectively; and
            (6) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) The Secretary of Homeland Security in the exercise of 
        discretion may determine inadmissibility under section 
        212(a)(2) (relating to criminal offenses) and issue an order of 
        removal pursuant to the procedures set forth in this 
        subsection, in lieu of removal proceedings under section 240, 
        with respect to an alien who
                    ``(A) has not been admitted or paroled;
                    ``(B) has not been found to have a credible fear of 
                persecution pursuant to the procedures set forth in 
                section 235(b)(1)(B); and
                    ``(C) is not eligible for a waiver of 
                inadmissibility or relief from removal.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act but shall not 
apply to aliens who are in removal proceedings under section 240 of the 
Immigration and Nationality Act as of such date

SEC. 611. TECHNICAL CORRECTION FOR EFFECTIVE DATE IN CHANGE IN 
              INADMISSIBILITY FOR TERRORISTS UNDER REAL ID ACT.

    Effective as if included in the enactment of Public Law 109-13, 
section 103(d)(1) of the REAL ID Act of 2005 (division B of such Public 
Law) is amended by inserting ``, deportation, and exclusion'' after 
``removal''.

SEC. 612. BAR TO GOOD MORAL CHARACTER.

    (a) In General.--Section 101(f) of the Immigration and Nationality 
Act (8 U.S.C. 1101(f)) is amended--
            (1) by inserting after paragraph (1) the following new 
        paragraph:
            ``(2) one who the Secretary of Homeland Security or the 
        Attorney General determines, in the unreviewable discretion of 
        the Secretary or the Attorney General, to have been at any time 
        an alien described in section 212(a)(3) or section 237(a)(4), 
        which determination may be based upon any relevant information 
        or evidence, including classified, sensitive, or national 
        security information, and which shall be binding upon any court 
        regardless of the applicable standard of review;'';
            (2) in paragraph (8), by inserting ``, regardless whether 
        the crime was classified as an aggravated felony at the time of 
        conviction,'' after ``(as defined in subsection (a)(43))''; and
            (3) by striking the sentence following paragraph (9) and 
        inserting the following: ``The fact that any person is not 
        within any of the foregoing classes shall not preclude a 
        discretionary finding for other reasons that such a person is 
        or was not of good moral character. The Secretary and the 
        Attorney General shall not be limited to the applicant's 
        conduct during the period for which good moral character is 
        required, but may take into consideration as a basis for 
        determination the applicant's conduct and acts at any time.''.
    (b) Aggravated Felony Effective Date.--Section 509(b) of the 
Immigration Act of 1990 (Public Law 101-649), as amended by section 
306(a)(7) of the Miscellaneous and Technical Immigration and 
Naturalization Amendments of 1991 (Public Law 102-232) is amended to 
read as follows:
    ``(b) Effective Date.--The amendment made by subsection (a) shall 
take effect on November 29, 1990, and shall apply to convictions 
occurring before, on, or after such date.''.
    (c) Technical Correction to the Intelligence Reform Act.--Effective 
as if included in the enactment of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (Public Law 108-458), section 5504(2) 
of such Act is amended by striking ``adding at the end'' and inserting 
``inserting immediately after paragraph (8)''.
    (d) Effective Dates.--The amendments made by subsections (a) and 
(b) shall take effect on the date of the enactment of this Act, shall 
apply to any act that occurred before, on, or after such date, and 
shall apply to any application for naturalization or any other benefit 
or relief or any other case or matter under the immigration laws 
pending on, or filed on or after, such date.

SEC. 613. STRENGTHENING DEFINITIONS OF ``AGGRAVATED FELONY'' AND 
              ``CONVICTION''.

    (a) In General.--Section 101(a) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)) is amended--
            (1) by amending subparagraph (A) of paragraph (43) to read 
        as follows:
                    ``(A) murder, manslaughter, homicide, rape, or any 
                sexual abuse of a minor, whether or not the minority of 
                the victim is established by evidence contained in the 
                record of conviction or by evidence extrinsic to the 
                record of conviction;''; and
            (2) in paragraph (48)(A), by inserting after and below 
        clause (ii) the following:
``Any reversal, vacatur, expungement, or modification to a conviction, 
sentence, or conviction record that was granted to ameliorate the 
consequences of the conviction, sentence, or conviction record, or was 
granted for rehabilitative purposes, or for failure to advise the alien 
of the immigration consequences of a guilty plea or a determination of 
guilt, shall have no effect on the immigration consequences resulting 
from the original conviction. The alien shall have the burden of 
demonstrating that the reversal, vacatur, expungement, or modification 
was not granted to ameliorate the consequences of the conviction, 
sentence, or conviction record, for rehabilitative purposes, or for 
failure to advise the alien of the immigration consequences of a guilty 
plea or a determination of guilt.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to any act that occurred before, on, or after the date of the 
enactment of this Act and shall apply to any matter under the 
immigration laws pending on, or filed on or after, such date.

SEC. 614. DEPORTABILITY FOR CRIMINAL OFFENSES.

    (a) In General.--Section 237(a)(3)(B) of the Immigration and 
Nationality Act (8 U.S.C. 1227(a)(3)(B)) is amended--
            (1) in clause (ii), by striking ``or'' at the end;
            (2) in clause (iii), by inserting ``or'' at the end; and
            (3) by inserting after clause (iii) the following new 
        clause:
                            ``(iv) of a violation of, or an attempt or 
                        a conspiracy to violate, subsection (a) or (b) 
                        of section 1425 of title 18, United States 
                        Code,''.
    (b) Deportability; Criminal Offenses.--Section 237(a)(2) of such 
Act (8 U.S.C. 1227(a)(2)), as amended by section 608(b), is amended by 
adding at the end the following new subparagraph:
                    ``(G) Social security and identification fraud.--
                Any alien who at any time after admission is convicted 
                of a violation of (or a conspiracy or attempt to 
                violate) an offense described in section 208 of the 
                Social Security Act or section 1028 of title 18, United 
                States Code is deportable.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to any act that occurred before, on, or after the date of the 
enactment of this Act, and to all aliens who are required to establish 
admissibility on or after such date and in all removal, deportation, or 
exclusion proceedings that are filed, pending, or reopened, on or after 
such date.

             TITLE VII--EMPLOYMENT ELIGIBILITY VERIFICATION

SEC. 701. EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM.

    (a) In General.--Section 274A(b) of the Immigration and Nationality 
Act (8 U.S.C. 1324a(b)) is amended by adding at the end the following:
            ``(7) Employment eligibility verification system.--
                    ``(A) In general.--The Secretary of Homeland 
                Security shall establish and administer a verification 
                system through which the Secretary (or a designee of 
                the Secretary, which may be a nongovernmental entity)--
                            ``(i) responds to inquiries made by persons 
                        at any time through a toll-free telephone line 
                        and other toll-free electronic media concerning 
                        an individual's identity and whether the 
                        individual is authorized to be employed; and
                            ``(ii) maintains records of the inquiries 
                        that were made, of verifications provided (or 
                        not provided), and of the codes provided to 
                        inquirers as evidence of their compliance with 
                        their obligations under this section.
                    ``(B) Initial response.--The verification system 
                shall provide verification or a tentative 
                nonverification of an individual's identity and 
                employment eligibility within 3 working days of the 
                initial inquiry. If providing verification or tentative 
                nonverification, the verification system shall provide 
                an appropriate code indicating such verification or 
                such nonverification.
                    ``(C) Secondary verification process in case of 
                tentative nonverification.--In cases of tentative 
                nonverification, the Secretary shall specify, in 
                consultation with the Commissioner of Social Security, 
                an available secondary verification process to confirm 
                the validity of information provided and to provide a 
                final verification or nonverification within 10 working 
                days after the date of the tentative nonverification. 
                When final verification or nonverification is provided, 
                the verification system shall provide an appropriate 
                code indicating such verification or nonverification.
                    ``(D) Design and operation of system.--The 
                verification system shall be designed and operated--
                            ``(i) to maximize its reliability and ease 
                        of use by persons and other entities consistent 
                        with insulating and protecting the privacy and 
                        security of the underlying information;
                            ``(ii) to respond to all inquiries made by 
                        such persons and entities on whether 
                        individuals are authorized to be employed and 
                        to register all times when such inquiries are 
                        not received;
                            ``(iii) with appropriate administrative, 
                        technical, and physical safeguards to prevent 
                        unauthorized disclosure of personal 
                        information; and
                            ``(iv) to have reasonable safeguards 
                        against the system's resulting in unlawful 
                        discriminatory practices based on national 
                        origin or citizenship status, including--
                                    ``(I) the selective or unauthorized 
                                use of the system to verify 
                                eligibility;
                                    ``(II) the use of the system prior 
                                to an offer of employment; or
                                    ``(III) the exclusion of certain 
                                individuals from consideration for 
                                employment as a result of a perceived 
                                likelihood that additional verification 
                                will be required, beyond what is 
                                required for most job applicants.
                    ``(E) Responsibilities of the commissioner of 
                social security.--As part of the verification system, 
                the Commissioner of Social Security, in consultation 
                with the Secretary of Homeland Security (and any 
                designee of the Secretary selected to establish and 
                administer the verification system), shall establish a 
                reliable, secure method, which, within the time periods 
                specified under subparagraphs (B) and (C), compares the 
                name and social security account number provided in an 
                inquiry against such information maintained by the 
                Commissioner in order to validate (or not validate) the 
                information provided regarding an individual whose 
                identity and employment eligibility must be confirmed, 
                the correspondence of the name and number, and whether 
                the individual has presented a social security account 
                number that is not valid for employment. The 
                Commissioner shall not disclose or release social 
                security information (other than such verification or 
                nonverification) except as provided for in this section 
                or section 205(c)(2)(I) of the Social Security Act.
                    ``(F) Responsibilities of the secretary of homeland 
                security.--(i) As part of the verification system, the 
                Secretary of Homeland Security (in consultation with 
                any designee of the Secretary selected to establish and 
                administer the verification system), shall establish a 
                reliable, secure method, which, within the time periods 
                specified under subparagraphs (B) and (C), compares the 
                name and alien identification or authorization number 
                which are provided in an inquiry against such 
                information maintained by the Secretary in order to 
                validate (or not validate) the information provided, 
                the correspondence of the name and number, and whether 
                the alien is authorized to be employed in the United 
                States.
                    ``(ii) When a single employer has submitted to the 
                verification system pursuant to paragraph (3)(A) the 
                identical social security account number in more than 
                one instance, or when multiple employers have submitted 
                to the verification system pursuant to such paragraph 
                the identical social security account number, in a 
                manner which indicates the possible fraudulent use of 
                that number, the Secretary of Homeland Security shall 
                conduct an investigation in order to ensure that no 
                fraudulent use of a social security account number has 
                taken place. If the Secretary has selected a designee 
                to establish and administer the verification system, 
                the designee shall notify the Secretary when a single 
                employer has submitted to the verification system 
                pursuant to paragraph (3)(A) the identical social 
                security account number in more than one instance, or 
                when multiple employers have submitted to the 
                verification system pursuant to such paragraph the 
                identical social security account number, in a manner 
                which indicates the possible fraudulent use of that 
                number. The designee shall also provide the Secretary 
                with all pertinent information, including the name and 
                address of the employer or employers who submitted the 
                relevant social security account number, the relevant 
                social security account number submitted by the 
                employer or employers, and the relevant name and date 
                of birth of the employee submitted by the employer or 
                employers.
                    ``(G) Updating information.--The Commissioner of 
                Social Security and the Secretary of Homeland Security 
                shall update their information in a manner that 
                promotes the maximum accuracy and shall provide a 
                process for the prompt correction of erroneous 
                information, including instances in which it is brought 
                to their attention in the secondary verification 
                process described in subparagraph (C).
                    ``(H) Limitation on use of the verification system 
                and any related systems.--
                            ``(i) In general.--Notwithstanding any 
                        other provision of law, nothing in this 
                        paragraph shall be construed to permit or allow 
                        any department, bureau, or other agency of the 
                        United States Government to utilize any 
                        information, data base, or other records 
                        assembled under this paragraph for any other 
                        purpose other than as provided for.
                            ``(ii) No national identification card.--
                        Nothing in this paragraph shall be construed to 
                        authorize, directly or indirectly, the issuance 
                        or use of national identification cards or the 
                        establishment of a national identification 
                        card.
                    ``(I) Federal tort claims act.--If an individual 
                alleges that the individual would not have been 
                dismissed from a job but for an error of the 
                verification mechanism, the individual may seek 
                compensation only through the mechanism of the Federal 
                Tort Claims Act, and injunctive relief to correct such 
                error. No class action may be brought under this 
                subparagraph.
                    ``(J) Protection from liability for actions taken 
                on the basis of information.--No person or entity shall 
                be civilly or criminally liable for any action taken in 
                good faith reliance on information provided through the 
                employment eligibility verification mechanism 
                established under this paragraph.''.
    (b) Repeal of Provision Relating to Evaluations and Changes in 
Employment Verification.--Section 274A(d) (8 U.S.C. 1324a(d)) is 
repealed.

SEC. 702. EMPLOYMENT ELIGIBILITY VERIFICATION PROCESS.

    Section 274A of the Immigration and Nationality Act (8 U.S.C. 
1324a) is amended--
            (1) in subsection (a)(3), by inserting ``(A)'' after 
        ``Defense.--'', and by adding at the end the following:
            ``(B) Failure to seek and obtain verification.--In the case 
        of a person or entity in the United States that hires, or 
        continues to employ, an individual, or recruits or refers an 
        individual for employment, the following requirements apply:
                    ``(i) Failure to seek verification.--
                            ``(I) In general.--If the person or entity 
                        has not made an inquiry, under the mechanism 
                        established under subsection (b)(7), seeking 
                        verification of the identity and work 
                        eligibility of the individual, by not later 
                        than the end of 3 working days (as specified by 
                        the Secretary of Homeland Security) after the 
                        date of the hiring, the date specified in 
                        subsection (b)(8)(B) for previously hired 
                        individuals, or before the recruiting or 
                        referring commences, the defense under 
                        subparagraph (A) shall not be considered to 
                        apply with respect to any employment, except as 
                        provided in subclause (II).
                            ``(II) Special rule for failure of 
                        verification mechanism.--If such a person or 
                        entity in good faith attempts to make an 
                        inquiry in order to qualify for the defense 
                        under subparagraph (A) and the verification 
                        mechanism has registered that not all inquiries 
                        were responded to during the relevant time, the 
                        person or entity can make an inquiry until the 
                        end of the first subsequent working day in 
                        which the verification mechanism registers no 
                        nonresponses and qualify for such defense.
                    ``(ii) Failure to obtain verification.--If the 
                person or entity has made the inquiry described in 
                clause (i)(I) but has not received an appropriate 
                verification of such identity and work eligibility 
                under such mechanism within the time period specified 
                under subsection (b)(7)(B) after the time the 
                verification inquiry was received, the defense under 
                subparagraph (A) shall not be considered to apply with 
                respect to any employment after the end of such time 
                period.'';
            (2) by amending subparagraph (A) of subsection (b)(1) to 
        read as follows:
                    ``(A) In general.--The person or entity must 
                attest, under penalty of perjury and on a form 
                designated or established by the Secretary by 
                regulation, that it has verified that the individual is 
                not an unauthorized alien by--
                            ``(i) obtaining from the individual the 
                        individual's social security account number and 
                        recording the number on the form (if the 
                        individual claims to have been issued such a 
                        number), and, if the individual does not attest 
                        to United States citizenship under paragraph 
                        (2), obtaining such identification or 
                        authorization number established by the 
                        Department of Homeland Security for the alien 
                        as the Secretary of Homeland Security may 
                        specify, and recording such number on the form; 
                        and
                            ``(ii)(I) examining a document described in 
                        subparagraph (B); or (II) examining a document 
                        described in subparagraph (C) and a document 
                        described in subparagraph (D).
                A person or entity has complied with the requirement of 
                this paragraph with respect to examination of a 
                document if the document reasonably appears on its face 
                to be genuine, reasonably appears to pertain to the 
                individual whose identity and work eligibility is being 
                verified, and, if the document bears an expiration 
                date, that expiration date has not elapsed. If an 
                individual provides a document (or combination of 
                documents) that reasonably appears on its face to be 
                genuine, reasonably appears to pertain to the 
                individual whose identity and work eligibility is being 
                verified, and is sufficient to meet the first sentence 
                of this paragraph, nothing in this paragraph shall be 
                construed as requiring the person or entity to solicit 
                the production of any other document or as requiring 
                the individual to produce another document.'';
            (3) in subsection (b)(1)(D)--
                    (A) in clause (i), by striking ``or such other 
                personal identification information relating to the 
                individual as the Secretary finds, by regulation, 
                sufficient for purposes of this section''; and
                    (B) in clause (ii), by inserting before the period 
                ``and that contains a photograph of the individual'';
            (4) in subsection (b)(2), by adding at the end the 
        following: ``The individual must also provide that individual's 
        social security account number (if the individual claims to 
        have been issued such a number), and, if the individual does 
        not attest to United States citizenship under this paragraph, 
        such identification or authorization number established by the 
        Department of Homeland Security for the alien as the Secretary 
        may specify.''; and
            (5) by amending paragraph (3) of subsection (b) to read as 
        follows:
            ``(3) Retention of verification form and verification.--
                    ``(A) In general.--After completion of such form in 
                accordance with paragraphs (1) and (2), the person or 
                entity must--
                            ``(i) retain the form and make it available 
                        for inspection by officers of the Department of 
                        Homeland Security, the Special Counsel for 
                        Immigration-Related Unfair Employment 
                        Practices, or the Department of Labor during a 
                        period beginning on the date of the hiring, 
                        recruiting, or referral of the individual or 
                        the date of the completion of verification of a 
                        previously hired individual and ending--
                                    ``(I) in the case of the recruiting 
                                or referral of an individual, three 
                                years after the date of the recruiting 
                                or referral;
                                    ``(II) in the case of the hiring of 
                                an individual, the later of--
                                            ``(aa) three years after 
                                        the date of such hiring; or
                                            ``(bb) one year after the 
                                        date the individual's 
                                        employment is terminated; and
                                    ``(III) in the case of the 
                                verification of a previously hired 
                                individual, the later of--
                                            ``(aa) three years after 
                                        the date of the completion of 
                                        verification; or
                                            ``(bb) one year after the 
                                        date the individual's 
                                        employment is terminated;
                            ``(ii) make an inquiry, as provided in 
                        paragraph (7), using the verification system to 
                        seek verification of the identity and 
                        employment eligibility of an individual, by not 
                        later than the end of 3 working days (as 
                        specified by the Secretary of Homeland 
                        Security) after the date of the hiring or in 
                        the case of previously hired individuals, the 
                        date specified in subsection (b)(8)(B), or 
                        before the recruiting or referring commences; 
                        and
                            ``(iii) may not commence recruitment or 
                        referral of the individual until the person or 
                        entity receives verification under subparagraph 
                        (B)(i) or (B)(iii).
                    ``(B) Verification.--
                            ``(i) Verification received.--If the person 
                        or other entity receives an appropriate 
                        verification of an individual's identity and 
                        work eligibility under the verification system 
                        within the time period specified, the person or 
                        entity shall record on the form an appropriate 
                        code that is provided under the system and that 
                        indicates a final verification of such identity 
                        and work eligibility of the individual.
                            ``(ii) Tentative nonverification 
                        received.--If the person or other entity 
                        receives a tentative nonverification of an 
                        individual's identity or work eligibility under 
                        the verification system within the time period 
                        specified, the person or entity shall so inform 
                        the individual for whom the verification is 
                        sought. If the individual does not contest the 
                        nonverification within the time period 
                        specified, the nonverification shall be 
                        considered final. The person or entity shall 
                        then record on the form an appropriate code 
                        which has been provided under the system to 
                        indicate a tentative nonverification. If the 
                        individual does contest the nonverification, 
                        the individual shall utilize the process for 
                        secondary verification provided under paragraph 
                        (7). The nonverification will remain tentative 
                        until a final verification or nonverification 
                        is provided by the verification system within 
                        the time period specified. In no case shall an 
                        employer terminate employment of an individual 
                        because of a failure of the individual to have 
                        identity and work eligibility confirmed under 
                        this section until a nonverification becomes 
                        final. Nothing in this clause shall apply to a 
                        termination of employment for any reason other 
                        than because of such a failure.
                            ``(iii) Final verification or 
                        nonverification received.--If a final 
                        verification or nonverification is provided by 
                        the verification system regarding an 
                        individual, the person or entity shall record 
                        on the form an appropriate code that is 
                        provided under the system and that indicates a 
                        verification or nonverification of identity and 
                        work eligibility of the individual.
                            ``(iv) Extension of time.--If the person or 
                        other entity in good faith attempts to make an 
                        inquiry during the time period specified and 
                        the verification system has registered that not 
                        all inquiries were received during such time, 
                        the person or entity may make an inquiry in the 
                        first subsequent working day in which the 
                        verification system registers that it has 
                        received all inquiries. If the verification 
                        system cannot receive inquiries at all times 
                        during a day, the person or entity merely has 
                        to assert that the entity attempted to make the 
                        inquiry on that day for the previous sentence 
                        to apply to such an inquiry, and does not have 
                        to provide any additional proof concerning such 
                        inquiry.
                            ``(v) Consequences of nonverification.--
                                    ``(I) Termination or notification 
                                of continued employment.--If the person 
                                or other entity has received a final 
                                nonverification regarding an 
                                individual, the person or entity may 
                                terminate employment of the individual 
                                (or decline to recruit or refer the 
                                individual). If the person or entity 
                                does not terminate employment of the 
                                individual or proceeds to recruit or 
                                refer the individual, the person or 
                                entity shall notify the Secretary of 
                                Homeland Security of such fact through 
                                the verification system or in such 
                                other manner as the Secretary may 
                                specify.
                                    ``(II) Failure to notify.--If the 
                                person or entity fails to provide 
                                notice with respect to an individual as 
                                required under subclause (I), the 
                                failure is deemed to constitute a 
                                violation of subsection (a)(1)(A) with 
                                respect to that individual.
                            ``(vi) Continued employment after final 
                        nonverification.--If the person or other entity 
                        continues to employ (or to recruit or refer) an 
                        individual after receiving final 
                        nonverification, a rebuttable presumption is 
                        created that the person or entity has violated 
                        subsection (a)(1)(A).''.

SEC. 703. EXPANSION OF EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM TO 
              PREVIOUSLY HIRED INDIVIDUALS AND RECRUITING AND 
              REFERRING.

    (a) Application to Recruiting and Referring.--Section 274A of the 
Immigration and Nationality Act (8 U.S.C. 1324a) is amended--
            (1) in subsection (a)(1)(A), by striking ``for a fee'';
            (2) in subsection (a)(1), by amending subparagraph (B) to 
        read as follows:
                    ``(B) to hire, continue to employ, or to recruit or 
                refer for employment in the United States an individual 
                without complying with the requirements of subsection 
                (b).'';
            (3) in subsection (a)(2) by striking ``after hiring an 
        alien for employment in accordance with paragraph (1),'' and 
        inserting ``after complying with paragraph (1),''; and
            (4) in subsection (a)(3), as amended by section 702, is 
        further amended by striking ``hiring'' and inserting ``hiring, 
        employing,'' each place it appears.
    (b) Employment Eligibility Verification for Previously Hired 
Individuals.--Section 274A(b) of such Act (8 U.S.C. 1324a(b)), as 
amended by section 701(a), is amended by adding at the end the 
following new paragraph:
            ``(8) Use of employment eligibility verification system for 
        previously hired individuals.--
                    ``(A) On a voluntary basis.--Beginning on the date 
                that is 2 years after the date of the enactment of the 
                Border Protection, Antiterrorism, and Illegal 
                Immigration Control Act of 2005 and until the date 
                specified in subparagraph (B)(iii), a person or entity 
                may make an inquiry, as provided in paragraph (7), 
                using the verification system to seek verification of 
                the identity and employment eligibility of any 
                individual employed by the person or entity, as long as 
                it is done on a nondiscriminatory basis.
                    ``(B) On a mandatory basis.--
                            ``(i) A person or entity described in 
                        clause (ii) must make an inquiry as provided in 
                        paragraph (7), using the verification system to 
                        seek verification of the identity and 
                        employment eligibility of all individuals 
                        employed by the person or entity who have not 
                        been previously subject to an inquiry by the 
                        person or entity by the date three years after 
                        the date of enactment of the Border Protection, 
                        Antiterrorism, and Illegal Immigration Control 
                        Act of 2005.
                            ``(ii) A person or entity is described in 
                        this clause if it is a Federal, State, or local 
                        governmental body (including the Armed Forces 
                        of the United States), or if it employs 
                        individuals working in a location that is a 
                        Federal, State, or local government building, a 
                        military base, a nuclear energy site, a weapon 
                        site, an airport, or that contains critical 
                        infrastructure (as defined in section 1016(e) 
                        of the Critical Infrastructure Protection Act 
                        of 2001 (42 U.S.C. 5195c(e))), but only to the 
                        extent of such individuals.
                            ``(iii) All persons and entities other than 
                        those described in clause (ii) must make an 
                        inquiry, as provided in paragraph (7), using 
                        the verification system to seek verification of 
                        the identity and employment eligibility of all 
                        individuals employed by the person or entity 
                        who have not been previously subject to an 
                        inquiry by the person or entity by the date six 
                        years after the date of enactment of the Border 
                        Protection, Antiterrorism, and Illegal 
                        Immigration Control Act of 2005.''.

SEC. 704. BASIC PILOT PROGRAM.

    Section 401(b) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended by striking 
``at the end of the 11-year period beginning on the first day the pilot 
program is in effect'' and inserting ``two years after the enactment of 
the Border Protection, Antiterrorism, and Illegal Immigration Control 
Act of 2005''.

SEC. 705. HIRING HALLS.

    Section 274A(h) of the Immigration and Nationality Act (8 U.S.C. 
1324a(h)) is amended by adding at the end the following new paragraph:
            ``(4) Definition of recruit or refer.--As used in this 
        section, the term `refer' means the act of sending or directing 
        a person or transmitting documentation or information to 
        another, directly or indirectly, with the intent of obtaining 
        employment in the United States for such person. Generally, 
        only persons or entities referring for remuneration (whether on 
        a retainer or contingency basis) are included in the 
        definition. However, union hiring halls that refer union 
        members or nonunion individuals who pay union membership dues 
        are included in the definition whether or not they receive 
        remuneration, as are labor service agencies, whether public, 
        private, for-profit, or nonprofit, that refer, dispatch, or 
        otherwise facilitate the hiring of laborers for any period of 
        time by a third party. As used in this section the term 
        `recruit' means the act of soliciting a person, directly or 
        indirectly, and referring the person to another with the intent 
        of obtaining employment for that person. Generally, only 
        persons or entities recruiting for remunerations (whether on a 
        retainer or contingency basis) are included in the definition. 
        However, union hiring halls that refer union members or 
        nonunion individuals who pay union membership dues are included 
        in this definition whether or not they receive remuneration, as 
        are labor service agencies, whether public, private, for-
        profit, or nonprofit that recruit, dispatch, or otherwise 
        facilitate the hiring of laborers for any period of time by a 
        third party.''.

SEC. 706. PENALTIES.

    Section 274A of the Immigration and Nationality Act (8 U.S.C. 
1324a) is amended--
            (1) in subsection (e)(4)--
                    (A) in subparagraph (A), in the matter before 
                clause (i), by inserting ``, subject to paragraph 
                (10),'' after ``in an amount'';
                    (B) in subparagraph (A)(i), by striking ``not less 
                than $250 and not more than $2,000'' and inserting 
                ``not less than $5,000'';
                    (C) in subparagraph (A)(ii), by striking ``not less 
                than $2,000 and not more than $5,000'' and inserting 
                ``not less than $10,000'';
                    (D) in subparagraph (A)(iii), by striking ``not 
                less than $3,000 and not more than $10,000'' and 
                inserting ``not less than $25,000''; and
                    (E) by amending subparagraph (B) to read as 
                follows:
                    ``(B) may require the person or entity to take such 
                other remedial action as is appropriate.'';
            (2) in subsection (e)(5)--
                    (A) by inserting ``, subject to paragraph (10),'' 
                after ``in an amount'';
                    (B) by striking ``$100'' and inserting ``$1,000'';
                    (C) by striking ``$1,000'' and inserting 
                ``$25,000'';
                    (D) by striking ``the size of the business of the 
                employer being charged, the good faith of the 
                employer'' and inserting ``the good faith of the 
                employer being charged''; and
                    (E) by adding at the end the following sentence: 
                ``Failure by a person or entity to utilize the 
                employment eligibility verification system as required 
                by law, or providing information to the system that the 
                person or entity knows or reasonably believes to be 
                false, shall be treated as a violation of subsection 
                (a)(1)(A).'';
            (3) by adding at the end of subsection (e) the following 
        new paragraph:
            ``(10) Mitigation of civil money penalties for smaller 
        employers.--In the case of imposition of a civil penalty under 
        paragraph (4)(A) with respect to a violation of subsection 
        (a)(1)(A) or (a)(2) for hiring or continuation of employment by 
        an employer and in the case of imposition of a civil penalty 
        under paragraph (5) for a violation of subsection (a)(1)(B) for 
        hiring by an employer, the dollar amounts otherwise specified 
        in the respective paragraph shall be reduced as follows:
                    ``(A) In the case of an employer with an average of 
                fewer than 26 full-time equivalent employees (as 
                defined by the Secretary of Homeland Security), the 
                amounts shall be reduced by 60 percent.
                    ``(B) In the case of an employer with an average of 
                at least 26, but fewer than 101, full-time equivalent 
                employees (as so defined), the amounts shall be reduced 
                by 40 percent.
                    ``(C) In the case of an employer with an average of 
                at least 101, but fewer than 251, full-time equivalent 
                employees (as so defined), the amounts shall be reduced 
                by 20 percent.
        The last sentence of paragraph (4) shall apply under this 
        paragraph in the same manner as it applies under such 
        paragraph.''.
            (4) by amending paragraph (1) of subsection (f) to read as 
        follows:
            ``(1) Criminal penalty.--Any person or entity which engages 
        in a pattern or practice of violations of subsection (a)(1) or 
        (2) shall be fined not more than $50,000 for each unauthorized 
        alien with respect to which such a violation occurs, imprisoned 
        for not less than one year, or both, notwithstanding the 
        provisions of any other Federal law relating to fine levels.''; 
        and
            (5) in subsection (f)(2), by striking ``Attorney General'' 
        each place it appears and inserting ``Secretary of Homeland 
        Security''.

SEC. 707. REPORT ON SOCIAL SECURITY CARD-BASED EMPLOYMENT ELIGIBILITY 
              VERIFICATION.

    (a) Report.--
            (1) In general.--Not later than than 9 months after the 
        date of the enactment of this Act, the Commissioner of Social 
        Security, in consultation with the Secretary of Treasury, the 
        Secretary of Homeland Security, and the Attorney General, shall 
        submit a report to Congress that includes an evaluation of the 
        following requirements and changes:
                    (A) A requirement that social security cards that 
                are made of a durable plastic or similar material and 
                that include an encrypted, machine-readable electronic 
                identification strip and a digital photograph of the 
                individual to whom the card is issued, be issued to 
                each individual (whether or not a United States 
                citizen) who--
                            (i) is authorized to be employed in the 
                        United States;
                            (ii) is seeking employment in the United 
                        States; and
                            (iii) files an application for such card, 
                        whether as a replacement of an existing social 
                        security card or as a card issued in connection 
                        with the issuance of a new social security 
                        account number.
                    (B) The creation of a unified database to be 
                maintained by the Department of Homeland Security and 
                comprised of data from the Social Security 
                Administration and the Department of Homeland Security 
                specifying the work authorization of individuals 
                (including both United States citizens and noncitizens) 
                for the purpose of conducting employment eligibility 
                verification.
                    (C) A requirement that all employers verify the 
                employment eligibility of all new hires using the 
                social security cards described in subparagraph (A) and 
                a phone, electronic card-reading, or other mechanism to 
                seek verification of employment eligibility through the 
                use of the unified database described in subparagraph 
                (B).
            (2) Items included in report.--The report under paragraph 
        (1) shall include an evaluation of each of the following:
                    (A) Projected cost, including the cost to the 
                Federal government, State and local governments, and 
                the private sector.
                    (B) Administrability.
                    (C) Potential effects on--
                            (i) employers;
                            (ii) employees, including employees who are 
                        United States citizens as well as those that 
                        are not citizens;
                            (iii) tax revenue; and
                            (iv) privacy.
                    (D) The extent to which employer and employee 
                compliance with immigration laws would be expected to 
                improve.
                    (E) Any other relevant information.
            (3) Alternatives.--The report under paragraph (1) also 
        shall examine any alternatives to achieve the same goals as the 
        requirements and changes described in paragraph (1) but that 
        involve lesser cost, lesser burden on those affected, or 
        greater ease of administration.
    (b) Inspector General Review.--Not later than 3 months after the 
report is submitted under subsection (a), the Inspector General of the 
Social Security Administration, in consultation with the Inspectors 
General of the Department of Treasury, the Department of Homeland 
Security, and the Department of Justice, shall send to the Congress an 
evaluation of the such report.

SEC. 708. EFFECTIVE DATE.

    This title and the amendments made by this title shall take effect 
on the date of enactment of this Act, except that the requirements of 
persons and entities to comply with the employment eligibility 
verification process takes effect on the date that is two years after 
such date.

           TITLE VIII--IMMIGRATION LITIGATION ABUSE REDUCTION

SEC. 801. BOARD OF IMMIGRATION APPEALS REMOVAL ORDER AUTHORITY.

    (a) In General.--Section 101(a)(47) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(47)) is amended to read as follows:
    ``(47)(A) The term `order of removal' means the order of the 
immigration judge, the Board of Immigration Appeals, or other 
administrative officer to whom the Attorney General or the Secretary of 
Homeland Security has delegated the responsibility for determining 
whether an alien is removable, concluding that the alien is removable 
or ordering removal.
    ``(B) The order described under subparagraph (A) shall become final 
upon the earliest of--
            ``(i) a determination by the Board of Immigration Appeals 
        affirming such order;
            ``(ii) the entry by the Board of Immigration Appeals of 
        such order;
            ``(iii) the expiration of the period in which any party is 
        permitted to seek review of such order by the Board of 
        Immigration Appeals;
            ``(iv) the entry by an immigration judge of such order, if 
        appeal is waived by all parties; or
            ``(v) the entry by another administrative officer of such 
        order, at the conclusion of a process as authorized by law 
        other than under section 240.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
ordered entered before, on, or after such date.

SEC. 802. JUDICIAL REVIEW OF VISA REVOCATION.

    (a) In General.--Section 221(i) of the Immigration and Nationality 
Act (8 U.S.C. 1201(i)) is amended by amending the last sentence to read 
as follows: ``Notwithstanding any other provision of law (statutory or 
nonstatutory), including section 2241 of title 28, United States Code, 
or any other habeas corpus provision, and sections 1361 and 1651 of 
such title, a revocation under this subsection may not be reviewed by 
any court, and no court shall have jurisdiction to hear any claim 
arising from, or any challenge to, such a revocation.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
visa revocations effected before, on, or after such date.

SEC. 803. REINSTATEMENT.

    (a) In General.--Section 241(a)(5) of the Immigration and 
Nationality Act (8 U.S.C. 1231(a)(5)) is amended to read as follows:
            ``(5) Reinstatement of removal orders against aliens 
        illegally reentering.--If the Secretary of Homeland Security 
        finds that an alien has entered the United States illegally 
        after having been removed or having departed voluntarily, under 
        an order of removal, deportation, or exclusion, regardless of 
        the date of the original order or the date of the illegal 
        entry--
                    ``(A) the order of removal, deportation, or 
                exclusion is reinstated from its original date and is 
                not subject to being reopened or reviewed;
                    ``(B) the alien is not eligible and may not apply 
                for any relief under this Act, regardless of the date 
                that an application for such relief may have been 
                filed; and
                    ``(C) the alien shall be removed under the order of 
                removal, deportation, or exclusion at any time after 
                the illegal entry.
        Reinstatement under this paragraph shall not require 
        proceedings before an immigration judge under section 240 or 
        otherwise.''.
    (b) Judicial Review.--Section 242 of the Immigration and 
Nationality Act (8 U.S.C. 1252) is amended by adding at the end the 
following new subsection:
    ``(h) Judicial Review of Reinstatement Under Section 241(a)(5).--
            ``(1) In general.--Notwithstanding any other provision of 
        law (statutory or nonstatutory), including section 2241 of 
        title 28, United States Code, or any other habeas corpus 
        provision, sections 1361 and 1651 of such title, or subsection 
        (a)(2)(D) of this section, no court shall have jurisdiction to 
        review any cause or claim arising from or relating to any 
        reinstatement under section 241(a)(5) (including any challenge 
        to the reinstated order), except as provided in paragraph (2) 
        or (3).
            ``(2) Challenges in court of appeals for district of 
        columbia to validity of the system, its implementation, and 
        related individual determinations.--
                    ``(A) In general.--Judicial review of 
                determinations under section 241(a)(5) and its 
                implementation is available in an action instituted in 
                the United States Court of Appeals for the District of 
                Columbia Circuit, but shall be limited, except as 
                provided in subparagraph (B), to the following 
                determinations:
                            ``(i) Whether such section, or any 
                        regulation issued to implement such section, is 
                        constitutional.
                            ``(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 or 
                        the Secretary of Homeland Security to implement 
                        such section, is not consistent with applicable 
                        provisions of this Act or is otherwise in 
                        violation of a statute or the Constitution.
                    ``(B) Related individual determinations.--If a 
                person raises an action under subparagraph (A), the 
                person may also raise in the same action the following 
                issues:
                            ``(i) Whether the petitioner is an alien.
                            ``(ii) Whether the petitioner was 
                        previously ordered removed or deported, or 
                        excluded.
                            ``(iii) Whether the petitioner has since 
                        illegally entered the United States.
                    ``(C) 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.
            ``(3) Individual determinations under section 242(a).--
        Judicial review of determinations under section 241(a)(5) is 
        available in an action under subsection (a) of this section, 
        but shall be limited to determinations of--
                    ``(A) whether the petitioner is an alien;
                    ``(B) whether the petitioner was previously ordered 
                removed, deported, or excluded; and
                    ``(C) whether the petitioner has since illegally 
                entered the United States.
            ``(4) Single action.--A person who files an action under 
        paragraph (2) may not file a separate action under paragraph 
        (3). A person who files an action under paragraph (3) may not 
        file an action under paragraph (2).''.
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
shall take effect as if enacted on April 1, 1997, and shall apply to 
all orders reinstated on or after that date by the Secretary of 
Homeland Security (or by the Attorney General prior to March 1, 2003), 
regardless of the date of the original order.

SEC. 804. WITHHOLDING OF REMOVAL.

    (a) In General.--Section 241(b)(3) of the Immigration and 
Nationality Act (8 U.S.C 1231(b)(3)) is amended--
            (1) in subparagraph (A), by adding at the end the 
        following: ``The burden of proof is on the alien to establish 
        that the alien's life or freedom would be threatened in that 
        country, and that race, religion, nationality, membership in a 
        particular social group, or political opinion would be at least 
        one central reason for such threat.''; and
            (2) in subparagraph (C), by striking ``In determining 
        whether an alien has demonstrated that the alien's life or 
        freedom would be threatened for a reason described in 
        subparagraph (A)'' and inserting ``For purposes of this 
        paragraph''
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect as if included in the enactment of section 101(c) of the 
REAL ID Act of 2005 (division B of Public Law 109-13).

SEC. 805. CERTIFICATE OF REVIEWABILITY.

    (a) Alien's Brief.--Section 242(b)(3)(C) of the Immigration and 
Nationality Act (8 U.S.C. 1252(b)(3)(C)) is amended to read as follows:
                    ``(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. The court may 
                not extend this deadline 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.''.
    (b) Certificate of Reviewability.--Section 242(b)(3) of such Act (8 
U.S.C. 1252 (b)(3)) is amended by adding at the end the following new 
subparagraphs:
                    ``(D) Certificate .--
                            ``(i) After the alien has filed the alien's 
                        brief, the petition for review shall be 
                        assigned to a single court of appeals judge.
                            ``(ii) Unless that court of appeals judge 
                        or a circuit justice issues a certificate of 
                        reviewability, the petition for review shall be 
                        denied and the government shall not file a 
                        brief.
                            ``(iii) A certificate of reviewability may 
                        issue under clause (ii) only if the alien has 
                        made a substantial showing that the petition 
                        for review is likely to be granted.
                            ``(iv) The court of appeals judge or 
                        circuit justice shall complete all action on 
                        such certificate, including rendering judgment, 
                        not later than 60 days after the date on which 
                        the judge or circuit justice was assigned the 
                        petition for review, unless an extension is 
                        granted under clause (v).
                            ``(v) The judge or circuit justice may 
                        grant, on the judge's or justice's own motion 
                        or on the motion of a party, an extension of 
                        the 60-day period described in clause (iv) if--
                                    ``(I) all parties to the proceeding 
                                agree to such extension; or
                                    ``(II) such extension is for good 
                                cause shown or in the interests of 
                                justice, and the judge or circuit 
                                justice states the grounds for the 
                                extension with specificity.
                            ``(vi) If no certificate of reviewability 
                        is issued before the end of the period 
                        described in clause (iv), including any 
                        extension under clause (v), the petition for 
                        review shall be deemed denied, any stay or 
                        injunction on petitioner's removal shall be 
                        dissolved without further action by the court 
                        or the government, and the alien may be 
                        removed.
                            ``(vii) If a certificate of reviewability 
                        is issued under clause (ii), the Government 
                        shall be afforded an opportunity to file a 
                        brief in response to the alien's brief. The 
                        alien may serve and file a reply brief not 
                        later than 14 days after service of the 
                        Government's brief, and the court may not 
                        extend this deadline except upon motion for 
                        good cause shown.
                    ``(E) No further review of the court of appeals 
                judge's decision not to issue a certificate of 
                reviewability.--The single court of appeals judge's 
                decision not to issue a certificate of reviewability, 
                or the denial of a petition under subparagraph (D)(vi), 
                shall be the final decision for the court of appeals 
                and shall not be reconsidered, reviewed, or reversed by 
                the court of appeals through any mechanism or 
                procedure.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to petitions filed on or after the date that is 60 days after the 
date of the enactment of this Act.

SEC. 806. WAIVER OF RIGHTS IN NONIMMIGRANT VISA ISSUANCE.

    (a) In General.--Section 221(a) of the Immigration and Nationality 
Act (8 U.S.C. 1201(a)) is amended by adding at the end the following 
new paragraph:
    ``(3) An alien may not be issued a nonimmigrant visa unless the 
alien has waived any right--
            ``(A) to review or appeal under this Act of an immigration 
        officer's determination as to the inadmissibility of the alien 
        at the port of entry into the United States; or
            ``(B) to contest, other than on the basis of an application 
        for asylum, any action for removal of the alien.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to visas issued on or after the date that is 90 days after the 
date of the enactment of this Act.
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Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005

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