Division B — Immigration Reform

H.R. 6136 · 115th Congress · Jun 19, 2018 · Lineage

B Immigration Reform

I Lawful Status for Certain Childhood Arrivals

Sec. 1101 Definitions

In this division:

(1)

In general— Except as otherwise specifically provided, the terms used in this division have the meanings given such terms in subsections (a) and (b) of section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).

(2)

Contingent nonimmigrant— The term contingent nonimmigrant means an alien who is granted nonimmigrant status under this division.

(3)

Educational institution— The term educational institution means—

(A)

an institution that is described in section 102(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1002(a)(1)) except an institution described in subparagraph (C) of such section;

(B)

an elementary, primary, or secondary school within the United States; or

(C)

an educational program assisting students either in obtaining a high school equivalency diploma, certificate, or its recognized equivalent under State law, or in passing a General Educational Development exam or other equivalent State-authorized exam or other applicable State requirements for high school equivalency.

(4)

Secretary— Except as otherwise specifically provided, the term Secretary means the Secretary of Homeland Security.

(5)

Sexual assault— The term sexual assault means—

(A)

conduct constituting a criminal offense of rape, as described in section 101(a)(43)(A) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)(A)), or conduct punishable under section 2241 (relating to aggravated sexual abuse), section 2242 (relating to sexual abuse), or section 2243 (relating to sexual abuse of a minor or ward) of title 18, United States Code;

(B)

conduct constituting a criminal offense of statutory rape, or any offense of a sexual nature involving a victim under the age of 18 years, as described in section 101(a)(43)(A) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)(A));

(C)

conduct punishable under section 2251 or 2251A (relating to the sexual exploitation of children and the selling or buying of children), or section 2252 or 2252A (relating to certain activities relating to material involving the sexual exploitation of minors or relating to material constituting or containing child pornography) of title 18, United States Code; or

(D)

conduct constituting the elements of any other Federal or State sexual offense requiring a defendant, if convicted, to register on a sexual offender registry (except that this provision shall not apply to convictions solely for urinating or defecating in public).

(6)

Victim— The term victim has the meaning given the term in section 503(e) of the Victims’ Rights and Restitution Act of 1990 (42 U.S.C. 10607(e)).

Sec. 1102 Contingent nonimmigrant status eligibility and application

(a)

In general— Notwithstanding any other provision of law, the Secretary may grant contingent nonimmigrant status to an alien who—

(1)

meets the eligibility requirements set forth in subsection (b);

(2)

submits a completed application before the end of the period set forth in subsection (c)(2); and

(3)

has paid the fees required under subsection (c)(5).

(b)

Eligibility requirements—

(1)

In general— An alien is eligible for contingent nonimmigrant status if the alien establishes by clear and convincing evidence that the alien meets the requirements set forth in this subsection.

(2)

General requirements— The requirements under this paragraph are that the alien—

(A)

is physically present in the United States on the date on which the alien submits an application for contingent nonimmigrant status;

(B)

was physically present in the United States on June 15, 2007;

(C)

was younger than 16 years of age on the date the alien initially entered the United States;

(D)

is a person of good moral character;

(E)

was under 31 years of age on June 15, 2012;

(F)

has maintained continuous physical presence in the United States from June 15, 2012, until the date on which the alien is granted contingent nonimmigrant status under this section;

(G)

had no lawful immigration status on June 15, 2012; and

(H)

has requested the release to the Department of Homeland Security of all records regarding their being adjudicated delinquent in State or local juvenile court proceedings, and the Department has obtained all such records.

(3)

Education requirement—

(A)

In general— An alien may not be granted contingent nonimmigrant status under this section unless the alien establishes by clear and convincing evidence that the alien—

(i)

is enrolled in, and is in regular full-time attendance at, an educational institution within the United States; or

(ii)

has acquired a diploma or degree from a high school in the United States or the equivalent of such a diploma as recognized under State law (such as a general equivalency diploma, certificate of completion, or certificate of attendance).

(B)

Evidence— An alien shall demonstrate compliance with clause (i) or (ii) of subparagraph (A) by providing a valid certified transcript or diploma from the educational institution the alien is enrolled in or from which the alien has acquired a diploma or certificate.

(C)

Disability waiver— Subparagraph (A) shall not apply in the case of an alien if the Secretary determines on a case by case basis that the alien is unable because of a physical or developmental disability or mental impairment to meet the requirement of such subparagraph.

(4)

Grounds for ineligibility— An alien is ineligible for contingent nonimmigrant status if the Secretary determines that the alien—

(A)

has a conviction for—

(i)

an offense classified as a felony in the convicting jurisdiction;

(ii)

an aggravated felony (except that in applying such term for purposes of this paragraph, subparagraph (N) of section 101(a)(43) does not apply);

(iii)

an offense classified as a misdemeanor in the convicting jurisdiction which involved—

(I)

domestic violence (as such term is defined in section 40002(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(a)));

(II)

child abuse or neglect (as such term is defined in section 40002(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(a)));

(III)

assault resulting in bodily injury (as such term is defined in section 2266 of title 18, United States Code); or

(IV)

the violation of a protection order (as such term is defined in section 2266 of title 18, United States Code);

(iv)

one or more offenses classified as a misdemeanor in the convicting jurisdiction which involved driving while intoxicated or driving under the influence (as such terms are defined in section 164(a)(2) of title 23, United States Code);

(v)

two or more misdemeanors (excluding minor traffic offenses that did not involve driving while intoxicated or driving under the influence, or that did not subject any individual other than the alien to bodily injury); or

(vi)

any offense under foreign law, except for a purely political offense, which, if the offense had been committed in the United States, would render the alien inadmissible under section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) or deportable under section 237(a) of such Act (8 U.S.C. 1227(a));

(B)

has been adjudicated delinquent in a State or local juvenile court proceeding for an offense equivalent to—

(i)

an offense relating to murder, manslaughter, homicide, rape (whether the victim was conscious or unconscious), statutory rape, or any offense of a sexual nature involving a victim under the age of 18 years, as described in section 101(a)(43)(A) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)(A));

(ii)

a crime of violence, as such term is defined in section 16 of title 18, United States Code; or

(iii)

an offense punishable under section 401 of the Controlled Substances Act (21 U.S.C. 841);

(C)

has a conviction for any other criminal offense, with regard to which the alien has not satisfied any requirement to pay restitution or any civil legal judgements awarded to any victims (or family members of victims) of the crime;

(D)

is described in section 212(a)(2)(N) of the Immigration and Nationality Act (8 U.S.C. 1882(a)(2)) (relating to aliens associated with criminal gangs);

(E)

is inadmissible under section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)), except that in determining an alien’s inadmissibility, paragraphs (5)(A), (6)(A), (6)(D), (6)(G), (7), (9)(B), and (9)(C)(i)(I) of such section shall not apply;

(F)

is deportable under section 237(a) of the Immigration and Nationality Act (8 U.S.C. 1227(a)), except that in determining an alien’s deportability—

(i)

subparagraph (A) of section 237(a)(1) of such Act shall not apply with respect to grounds of inadmissibility that do not apply pursuant to subparagraph (C) of such section; and

(ii)

subparagraphs (B) through (D) of section 237(a)(1) and section 237(a)(3)(A) of such Act shall not apply;

(G)

was, on the date of the enactment of this Act—

(i)

an alien lawfully admitted for permanent residence;

(ii)

an alien admitted as a refugee under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157), or granted asylum under section 208 of the Immigration and Nationality Act (8 U.S.C. 1157 and 1158); or

(iii)

an alien who, according to the records of the Secretary or the Secretary of State, is lawfully present in the United States in any nonimmigrant status, notwithstanding any unauthorized employment or other violation of nonimmigrant status;

(H)

has failed to comply with the requirements of any removal order or voluntary departure agreement;

(I)

has been ordered removed in absentia pursuant to section 240(b)(5)(A) of the Immigration and Nationality Act (8 U.S.C. 1229a(b)(5)(A)), unless the case has been reopened;

(J)

if over the age of 18, has failed to demonstrate that he or she is able to maintain himself or herself at an annual income that is not less than 125 percent of the Federal poverty level throughout the period of admission as a contingent nonimmigrant, unless the alien has demonstrated that the alien is enrolled in, and is in regular full-time attendance at, an educational institution within the United States, except that the requirement under this subparagraph shall not apply in the case of an alien if the Secretary determines on a case by case basis that the alien—

(i)

is unable because of a physical or developmental disability or mental impairment to meet the requirement of such subparagraph; or

(ii)

is the primary caregiver of—

(I)

a child under 18 years of age; or

(II)

a child 18 years of age or over, spouse, parent, grandparent, or sibling, who is incapable of self-care because of a mental or physical disability or who has a serious injury or illness (as such term is defined in section 101(18) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(18)));

(K)

has not attested that such alien is not delinquent with respect to any Federal, State, or local income or property tax liability, and has not attested that such alien does not have income that would result in tax liability under section 1 of the Internal Revenue Code of 1986 and that was not reported to the Internal Revenue Service; or

(L)

has at any time been convicted of sexual assault.

(5)

Treatment of certain breaks in presence— For purposes of paragraph (2), any period of travel outside the United States by an alien that was authorized by the Secretary may not be considered to interrupt any period of continuous physical presence.

(c)

Application procedures—

(1)

In general— An alien may apply for contingent nonimmigrant status by submitting a completed application form via electronic filing to the Secretary during the application period set forth in paragraph (2), in accordance with the interim final rule made by the Secretary under section 1107.

(2)

Application period— The Secretary may only accept applications for contingent nonimmigrant status from aliens in the United States during the 1-year period beginning on the date on which the interim final rule is published in the Federal Register pursuant to section 1107, except that the Secretary may extend such period for not more than one 90-day period.

(3)

Application form—

(A)

Required information— The application form referred to in paragraph (1) shall collect such information as the Secretary determines to be necessary and appropriate in order to determine whether an alien meets the eligibility requirements set forth in subsection (b). The Secretary shall by rule require applicants to provide substantiating information necessary to evaluate the attestation of the alien relevant to the grounds of ineligibility under subsection (b)(4)(K), including, as applicable, tax returns and return information available to the applicant under section 6103(e) of the Internal Revenue Code of 1986 (26 U.S.C. 6103(e)), evidence of tax refunds, and receipts of taxes paid.

(B)

Interview— The Secretary may conduct an in-person interview of each applicant for contingent nonimmigrant status under this section as part of the determination as to whether the alien meets the eligibility requirements set forth in subsection (b).

(4)

Documentary requirements— An application filed by an alien under this section shall include the following:

(A)

One or more of the following documents demonstrating the alien’s identity:

(i)

A passport (or national identity document) from the alien’s country of origin.

(ii)

A certified birth certificate along with photo identification.

(iii)

A State-issued identification card bearing the alien’s name and photograph.

(iv)

An Armed Forces identification card issued by the Department of Defense.

(v)

A Coast Guard identification card issued by the Department of Homeland Security.

(vi)

A document issued by the Department of Homeland Security.

(vii)

A travel document issued by the Department of State.

(B)

A certified copy of the alien’s birth certificate or certified school transcript demonstrating that the alien satisfies the requirement of subsection (b)(2)(C) and (E).

(C)

A certified school transcript demonstrating that the alien satisfies the requirements of subsection (b)(3).

(5)

Fees—

(A)

Standard processing fee—

(i)

In general— Aliens applying for contingent nonimmigrant status under this section shall pay a processing fee to the Department of Homeland Security in an amount determined by the Secretary.

(ii)

Recovery of costs— The processing fee authorized under clause (i) shall be set at a level that is, at a minimum, sufficient to recover the full costs of processing the application, including any costs incurred—

(I)

to adjudicate the application;

(II)

to take and process biometrics;

(III)

to perform national security and criminal checks;

(IV)

to prevent and investigate fraud; and

(V)

to administer the collection of such fee.

(iii)

Deposit and use of processing fees— Fees collected under clause (i) shall be deposited into the Immigration Examinations Fee Account pursuant to section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)).

(B)

Border security fee—

(i)

In general— Aliens applying for contingent nonimmigrant status under this section shall pay a one-time border security fee to the Department of Homeland Security in an amount of $1,000, which may be paid in installments.

(ii)

Use of border security fees— Fees collected under clause (i) shall be available, to the extent provided in advance in appropriation Acts, to the Secretary of Homeland Security for the purposes of carrying out division A, and the amendments made by that division.

(6)

Aliens apprehended before or during the application period— If an alien who is apprehended during the period beginning on the date of the enactment of this Act and ending on the last day of the application period described in paragraph (2) appears prima facie eligible for contingent nonimmigrant status, to the satisfaction of the Secretary, the Secretary—

(A)

shall provide the alien with a reasonable opportunity to file an application under this section during such application period; and

(B)

may not remove the individual until the Secretary has denied the application, unless the Secretary, in the Secretary’s sole and unreviewable discretion, determines that expeditious removal of the alien is in the national security, public safety, or foreign policy interests of the United States, or the Secretary will be required for constitutional reasons or court order to release the alien from detention.

(7)

Suspension of removal during application period—

(A)

Aliens in removal proceedings— Notwithstanding any other provision of this division, if the Secretary determines that an alien, during the period beginning on the date of the enactment of this Act and ending on the last day of the application period described in subsection (c)(2), is in removal, deportation, or exclusion proceedings before the Executive Office for Immigration Review and is prima facie eligible for contingent nonimmigrant status under this section—

(i)

the Secretary shall provide the alien with the opportunity to file an application for such status; and

(ii)

upon motion by the alien and with the consent of the Secretary, the Executive Office for Immigration Review shall—

(I)

provide the alien a reasonable opportunity to apply for such status; and

(II)

if the alien applies within the time frame provided, suspend such proceedings until the Secretary has made a determination on the application.

(B)

Aliens ordered removed— If an alien who meets the eligibility requirements set forth in subsection (b) is present in the United States and has been ordered excluded, deported, or removed, or ordered to depart voluntarily from the United States pursuant to section 212(a)(6)(A)(i) or 237(a)(1)(B) or (C) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(A)(i), 1227(a)(1)(B) or (C)), the Secretary shall provide the alien with the opportunity to file an application for contingent nonimmigrant status provided that the alien has not failed to comply with any order issued pursuant to section 239 or 240B of the Immigration and Nationality Act (8 U.S.C. 1229, 1229c).

(C)

Period pending adjudication of application— During the period beginning on the date on which an alien applies for contingent nonimmigrant status under subsection (c) and ending on the date on which the Secretary makes a determination regarding such application, an otherwise removable alien may not be removed from the United States unless—

(i)

the Secretary makes a prima facie determination that such alien is, or has become, ineligible for contingent nonimmigrant status under subsection (b); or

(ii)

the Secretary, in the Secretary’s sole and unreviewable discretion, determines that removal of the alien is in the national security, public safety, or foreign policy interest of the United States.

(8)

Security and law enforcement clearances—

(A)

Biometric and biographic data— The Secretary may not grant contingent nonimmigrant status to an alien under this section unless such alien submits biometric and biographic data in accordance with procedures established by the Secretary.

(B)

Alternative procedures— The Secretary may provide an alternative procedure for applicants who cannot provide the biometric data required under subparagraph (A) due to a physical impairment.

(C)

Clearances—

(i)

Data collection— The Secretary shall collect, from each alien applying for status under this section, biometric, biographic, and other data that the Secretary determines to be appropriate—

(I)

to conduct national security and law enforcement checks; and

(II)

to determine whether there are any factors that would render an alien ineligible for such status.

(ii)

Additional security screening— The Secretary, in consultation with the Secretary of State and the heads of other agencies as appropriate, shall conduct an additional security screening upon determining, in the Secretary’s opinion based upon information related to national security, that an alien is or was a citizen or resident of a region or country known to pose a threat, or that contains groups or organizations that pose a threat, to the national security of the United States.

(iii)

Prerequisite— The required clearances and screenings described in clauses (i)(I) and (ii) shall be completed before the alien may be granted contingent nonimmigrant status.

(9)

Confidentiality of information— No information provided in a nonfraudulent application for contingent nonimmigrant status which is related to the immigration status of the parent of an applicant for such status, which is not otherwise available to the Secretary of Homeland Security, may be used for the purpose of initiating or proceeding with removal proceedings with respect to such a parent.

(d)

Work authorization renewals— Beginning on the date of the enactment of this Act and ending on the date on which an alien’s application for contingent nonimmigrant status has been finally adjudicated, the Secretary shall, upon the application of an alien—

(1)

renew the employment authorization for an alien who possesses an Employment Authorization Document that was valid on the date of the enactment of this Act, and that was issued pursuant to the June 15, 2012, U.S. Department of Homeland Security Memorandum entitled, “Exercising Prosecutorial Discretion With Respect to Individuals Who Came to the United States as Children” who demonstrates economic necessity; and

(2)

grant employment authorization to an alien who appears prima facie eligible for contingent nonimmigrant status, who attains the age of 15 after the date of the enactment of this Act, and who demonstrates economic necessity.

Sec. 1103 Terms and conditions of conditional nonimmigrant status

(a)

Duration of status and extension— The initial period of contingent nonimmigrant status—

(1)

shall be 6 years unless revoked pursuant to subsection (d); and

(2)

may be extended for additional 6-year terms if—

(A)

the alien remains eligible for contingent nonimmigrant status under paragraphs (1), (2), and (4) of section 1102(b) (other than with regard to the requirement under paragraph (4)(J) of such subsection);

(B)

the alien again passes background checks equivalent to the background checks described in section 1102(c)(9); and

(C)

such status was not revoked by the Secretary for any reason.

(b)

Terms and conditions of contingent nonimmigrant status—

(1)

Work authorization— The Secretary shall grant employment authorization to an alien granted contingent nonimmigrant status who demonstrates economic necessity.

(2)

Travel outside the United States—

(A)

In general— The status of a contingent nonimmigrant who is absent from the United States without authorization shall be subject to revocation under subsection (d).

(B)

Authorization— The Secretary may authorize a contingent nonimmigrant to travel outside the United States and shall grant the contingent nonimmigrant reentry provided that the contingent nonimmigrant—

(i)

was not absent from the United States for a continuous period in excess of 180 days during each 6-year period that the alien is in contingent nonimmigrant status, unless the contingent nonimmigrant’s failure to return was due to extenuating circumstances beyond the individual’s control or as part of the alien’s active duty service in the Armed Forces of the United States; and

(ii)

is otherwise admissible to the United States, except as provided in section 1102(b)(4)(E).

(C)

Study abroad— For purposes of subparagraph (B)(i), in the case of a contingent nonimmigrant who was absent from the United States for participation in a study abroad program offered by an institution of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), 60 of such days shall not be counted towards the period described in such subparagraph.

(3)

Ineligibility for coverage through health exchanges— In applying section 1312(f)(3) of the Patient Protection and Affordable Care Act (42 U.S.C. 18032(f)(3)), a contingent nonimmigrant shall not be treated as an individual who is, or is reasonably expected to be, a citizen or national of the United States or an alien lawfully present in the United States.

(4)

Federal, State, and local public benefits— For purposes of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1601 et seq.), a contingent nonimmigrant shall not be considered a qualified alien under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

(5)

Authorization for enlistment— Section 504(b)(1) of title 10, United States Code, is amended by adding at the end the following new subparagraph:

“(D) A contingent nonimmigrant (as such term is defined in section 1101 of division B of the Border Security and Immigration Reform Act of 2018).”

(c)

Revocation—

(1)

In general— The Secretary shall revoke the status of a contingent nonimmigrant at any time if the alien—

(A)

no longer meets the eligibility requirements set forth in section 1102(b)(2)(D), (3), (4)(A) through (D), (4)(E) through (I), and (4)(N);

(B)

knowingly uses documentation issued under this section for an unlawful or fraudulent purpose; or

(C)

was absent from the United States at any time without authorization after being granted contingent nonimmigrant status.

(2)

Additional evidence— In determining whether to revoke an alien’s status under paragraph (1), the Secretary may require the alien—

(A)

to submit additional evidence; or

(B)

to appear for an in-person interview.

(3)

Invalidation of documentation— If an alien’s contingent nonimmigrant status is revoked under paragraph (1), any documentation issued by the Secretary to such alien under this section shall automatically be rendered invalid for any purpose except for departure from the United States.

Sec. 1104 Adjustment of status

Beginning on the date that is 5 years after an alien becomes a contingent nonimmigrant, if that alien retains status as a contingent nonimmigrant, then in applying section 245 of the Immigration and Nationality Act (8 U.S.C. 1255(a)) to the alien—

(1)

such alien shall be deemed to have been inspected and admitted into the United States; and

(2)

in determining the alien’s admissibility as an immigrant, paragraphs (5)(A), (6)(A), (6)(D), (6)(G), (7), (9)(B), and (9)(C)(i)(I) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not apply.

Sec. 1105 Administrative and judicial review

(a)

Exclusive administrative review— Administrative review of a determination of an application for status, extension of status, or revocation of status under this division shall be conducted solely in accordance with this section.

(b)

Administrative appellate review—

(1)

Establishment of administrative appellate authority— The Secretary shall establish or designate an appellate authority to provide for a single level of administrative appellate review of a determination with respect to applications for status, extension of status, or revocation of status under this division.

(2)

Single appeal for each administrative decision—

(A)

In general— An alien in the United States whose application for status under this division has been denied or revoked may file with the Secretary not more than 1 appeal, pursuant to this subsection, of each decision to deny or revoke such status.

(B)

Notice of appeal— A notice of appeal filed under this subparagraph shall be filed not later than 30 calendar days after the date of service of the decision of denial or revocation.

(3)

Record for review— Administrative appellate review under this subsection shall be de novo and based only on—

(A)

the administrative record established at the time of the determination on the application; and

(B)

any additional newly discovered or previously unavailable evidence.

(c)

Judicial review—

(1)

Applicable provisions— Judicial review of an administratively final denial or revocation of, or failure to extend, an application for status under this division shall be governed only by chapter 158 of title 28, except as provided in paragraphs (2) and (3) of this subsection, and except that a court may not order the taking of additional evidence under section 2347(c) of such chapter.

(2)

Single appeal for each administrative decision— An alien in the United States whose application for status under this division has been denied, revoked, or failed to be extended, may file not more than 1 appeal, pursuant to this subsection, of each decision to deny or revoke such status.

(3)

Limitation on civil actions—

(A)

Class actions— No court may certify a class under Rule 23 of the Federal Rules of Civil Procedure in any civil action filed after the date of the enactment of this Act pertaining to the administration or enforcement of the application for status under this division.

(B)

Requirements for an order granting prospective relief against the government— If a court determines that prospective relief should be ordered against the Government in any civil action pertaining to the administration or enforcement of the application for status under this division, the court shall—

(i)

limit the relief to the minimum necessary to correct the violation of law;

(ii)

adopt the least intrusive means to correct the violation of law;

(iii)

minimize, to the greatest extent practicable, the adverse impact on national security, border security, immigration administration and enforcement, and public safety;

(iv)

provide for the expiration of the relief on a specific date, which allows for the minimum practical time needed to remedy the violation; and

(v)

limit the relief to the case at issue and shall not extend any prospective relief to include any other application for status under this division pending before the Secretary or in a Federal court (whether in the same or another jurisdiction).

Sec. 1106 Penalties and signature requirements

(a)

Penalties for false statements in applications— Whoever files an initial or renewal application for contingent nonimmigrant status under this division and knowingly and willfully falsifies, misrepresents, conceals, or covers up a material fact or makes any false, fictitious, or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, shall be fined in accordance with title 18, United States Code, or imprisoned not more than 5 years, or both.

(b)

Signature requirements— An applicant under this division shall sign their application, and the signature shall be an original signature, including an electronically submitted signature. A parent or legal guardian may sign for a child or for an applicant whose physical or developmental disability or mental impairment prevents the applicant from being competent to sign. In such a case, the filing shall include evidence of parentage or legal guardianship.

Sec. 1107 Rulemaking

Not later than June 1, 2019, the Secretary shall make interim final rules to implement this title.

Sec. 1108 Statutory construction

Except as specifically provided, nothing in this division may be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person.

Sec. 1109 Addition of definition

Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended by adding at the end the following:

“(54) The term contingent nonimmigrant has the meaning given that term in section 1101(b)(2) of division B of the Border Security and Immigration Reform Act of 2018.”

II Immigrant Visa Allocations and Priorities

Sec. 2101 Elimination of diversity visa program

(a)

In general— Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153) is amended by striking subsection (c).

(b)

Technical and conforming amendments— The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended—

(1)

in section 201—

(A)

in subsection (a), by striking paragraph (3);

(B)

by striking subsection (e);

(2)

in section 203—

(A)

in subsection (b)(2)(B)(ii)(IV), by striking “section 203(b)(2)(B)” each place such term appears and inserting “clause (i)”;

(B)

in subsection (d), by striking “subsection (a), (b), or (c)” and inserting “subsection (a) or (b)”;

(C)

in subsection (e), by striking paragraph (2);

(D)

in subsection (f), by striking “subsection (a), (b), or (c) of this section” and inserting “subsection (a) or (b)”;

(E)

in subsection (g), by striking “subsections (a), (b), and (c)” and inserting “subsections (a) and (b)”; and

(F)

in subsection (h)(2)(B), by striking “subsection (a), (b), or (c)” and inserting “subsection (a) or (b)”; and

(3)

in section 204(a)(1), by striking subparagraph (I).

(c)

Effective date— The amendments made by this section shall take effect on October 1, 2019.

Sec. 2102 Numerical limitation to any single foreign state

(a)

In general— Section 202(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1152(a)(2)) is amended—

(1)

in the paragraph heading, by striking “and employment-based”;

(2)

by striking “(3), (4), and (5),” and inserting “(3) and (4),”;

(3)

by striking “subsections (a) and (b) of section 203” and inserting “section 203(a)”;

(4)

by striking “7” and inserting “15”; and

(5)

by striking “such subsections” and inserting “such section”.

(b)

Conforming amendments— Section 202 of the Immigration and Nationality Act (8 U.S.C. 1152) is amended—

(1)

in subsection (a)(3), by striking “both subsections (a) and (b) of section 203” and inserting “section 203(a)”;

(2)

in subsection (a)(4), by striking subparagraph (D);

(3)

by striking subsection (a)(5); and

(4)

by amending subsection (e) to read as follows:

“(e) Special rules for countries at ceiling—If it is determined that the total number of immigrant visas made available under section 203(a) to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under section 203(a), visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that, except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) and (2) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a).”

(c)

Country-specific offset— Section 2 of the Chinese Student Protection Act of 1992 (8 U.S.C. 1255 note) is amended—

(1)

in subsection (a), by striking “subsection (e))” and inserting “subsection (d))”; and

(2)

by striking subsection (d) and redesignating subsection (e) as subsection (d).

(d)

Transition rules for employment-based immigrants—

(1)

In general— Subject to the succeeding paragraphs of this subsection and notwithstanding title II of the Immigration and Nationality Act (8 U.S.C. 1151 et seq.), the following rules shall apply:

(A)

For fiscal year 2019, 15 percent of the immigrant visas made available under each of paragraphs (2) and (3) of section 203(b) of such Act (8 U.S.C. 1153(b)) shall be allotted to immigrants who are natives of a foreign state or dependent area that was not one of the two states with the largest aggregate numbers of natives obtaining immigrant visas during fiscal year 2018 under such paragraphs.

(B)

For fiscal year 2020, 10 percent of the immigrant visas made available under each of such paragraphs shall be allotted to immigrants who are natives of a foreign state or dependent area that was not one of the two states with the largest aggregate numbers of natives obtaining immigrant visas during fiscal year 2019 under such paragraphs.

(C)

For fiscal year 2021, 10 percent of the immigrant visas made available under each of such paragraphs shall be allotted to immigrants who are natives of a foreign state or dependent area that was not one of the two states with the largest aggregate numbers of natives obtaining immigrant visas during fiscal year 2020 under such paragraphs.

(2)

Per-country levels—

(A)

Reserved visas— With respect to the visas reserved under each of subparagraphs (A) through (C) of paragraph (1), the number of such visas made available to natives of any single foreign state or dependent area in the appropriate fiscal year may not exceed 25 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas.

(B)

Unreserved visas— With respect to the immigrant visas made available under each of paragraphs (2) and (3) of section 203(b) of such Act (8 U.S.C. 1153(b)) and not reserved under paragraph (1), for each of fiscal years 2019, 2020, and 2021, not more than 85 percent shall be allotted to immigrants who are natives of any single foreign state.

(3)

Special rule to prevent unused visas— If, with respect to fiscal year 2019, 2020, or 2021, the operation of paragraphs (1) and (2) of this subsection would prevent the total number of immigrant visas made available under paragraph (2) or (3) of section 203(b) of such Act (8 U.S.C. 1153(b)) from being issued, such visas may be issued during the remainder of such fiscal year without regard to paragraphs (1) and (2) of this subsection.

(4)

Rules for chargeability— Section 202(b) of such Act (8 U.S.C. 1152(b)) shall apply in determining the foreign state to which an alien is chargeable for purposes of this subsection.

(e)

Effective date— The amendments made by this section shall take effect as if enacted on September 30, 2018, and shall apply to fiscal years beginning with fiscal year 2019.

Sec. 2103 Family-sponsored immigration priorities

(a)

In general— Section 203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a)) is amended—

(1)

in paragraph (1), by striking “paragraph (4)” and inserting “paragraph (2)”; and

(2)

by striking paragraphs (3) and (4).

(b)

Conforming amendments—

(1)

Procedure for granting immigrant status— Section 204 of such Act (8 U.S.C. 1154) is amended—

(A)

in subsection (a)(1)—

(i)

in subparagraph (A)(i), by striking “paragraph (1), (3), or (4)” and inserting “paragraph (1)”;

(ii)

in subparagraph (B)(i), by redesignating the second subclause (I) as subclause (II); and

(iii)

in subparagraph (D)(i)(I), by striking “paragraph (1), (2), or (3)” and inserting “paragraph (1) or (2)”; and

(B)

in subsection (f)(1), by striking “, 203(a)(1), or 203(a)(3)” and inserting “or 203(a)(1)”.

(2)

Waivers of inadmissibility— Section 212 of such Act (8 U.S.C. 1182) is amended in subsection (d)(11), by striking “(other than paragraph (4) thereof)”.

(3)

Rules for determining whether certain aliens are immediate relatives— Section 201(f) of such Act (8 U.S.C. 1151(f)) is amended—

(A)

by striking paragraph (3);

(B)

by redesignating paragraph (4) as paragraph (3); and

(C)

in paragraph (3), as redesignated, by striking “(1) through (3)” and inserting “(1) and (2)”.

(c)

Effective date; applicability—

(1)

Effective date— The amendments made by this section shall take effect on October 1, 2019.

(2)

Invalidity of certain petitions and applications—

(A)

In general— No person may file, and the Secretary of Homeland Security and the Secretary of State may not accept, adjudicate, or approve any petition under section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) filed on or after the date of enactment of this Act seeking classification of an alien under section 203(a)(3) or (4) of such Act (8 U.S.C. 1153(a)). Any application for adjustment of status or an immigrant visa based on such a petition shall be invalid.

(B)

Pending petitions— Neither the Secretary of Homeland Security nor the Secretary of State may adjudicate or approve any petition under section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) pending as of the date of enactment of this Act seeking classification of an alien under section 203(a)(3) or (4) of such Act (8 U.S.C. 1153(a)). Any application for adjustment of status or an immigrant visa based on such a petition shall be invalid.

(3)

Applicability to waitlisted applicants— An alien with regard to whom a petition or application for status under paragraph (3) or (4) of section 203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a)), was approved prior to the date of the enactment of this Act, may be issued a visa pursuant to that paragraph subject to the availability of visas allocated to that category for fiscal year 2019.

Sec. 2104 Allocation of immigrant visas for contingent nonimmigrants and children of certain nonimmigrants

(a)

In general— Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153), as amended by this title, is further amended—

(1)

by inserting after subsection (b) the following:

“(c) Adjustment for contingent nonimmigrants and children of certain nonimmigrants

“(1) In general—Aliens subject to the worldwide level specified in section 201(e) for immigrants who shall be allotted visas in accordance with section 204(a)(1)(I) are—

“(A) contingent nonimmigrants; and

“(B) aliens described in paragraph (2).

“(2) Aliens described—An alien described in this paragraph is an alien who—

“(A) is the son or daughter of an alien admitted under—

“(i) section 101(a)(15)(E)(i) or (E)(ii);

“(ii) section 101(a)(15)(H)(i)(b); or

“(iii) section 101(a)(15)(L);

“(B) initially entered the United States aged less than 16 years as a dependent of the parent described in subparagraph (A) while the parent was in such status;

“(C) maintained—

“(i) lawful status for the 10-year period prior to the date of the enactment of the Border Security and Immigration Reform Act of 2018; and

“(ii) continuous physical presence in the United States (except in accordance with the terms of the alien’s visa or lawful status) for the period described in clause (i); and

“(D) was not in an unlawful immigration status on the date on which the alien submits a petition for an immigrant visa under section 204(a)(1)(I).

“(3) Point system—An alien seeking to be classified as an immigrant under this subsection shall submit a petition, in such form and manner as the Secretary of Homeland Security may require, setting forth such information as the Secretary may require in order to make awards of points for that petitioner in each of the following categories:

“(A) Education—A petitioner shall be awarded points for a single degree, equal to the highest point award of the following for which the petitioner is eligible:

“(i) 4 points for a diploma or degree from a foreign school that is comparable to a high school in the United States.

“(ii) 6 points for a diploma or degree from a high school in the United States, or the equivalent of such a diploma as recognized under State law (such as a general equivalency diploma, certificate of completion, or certificate of attendance).

“(iii) 8 points for an associate’s degree (or the equivalent) from a foreign institution that is comparable to an institution of higher education in the United States.

“(iv) 10 points for an associate’s degree from an institution of higher education in the United States.

“(v) 12 points for a bachelor’s degree (or the equivalent) from a foreign institution that is comparable to an institution of higher education in the United States.

“(vi) 15 points for a degree from for a recognized postsecondary credential (as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102), including a certificate of completion of an apprenticeship (including an apprenticeships registered under the Act of August 16, 1937 (commonly known as the “National Apprenticeship Act”; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.)), except that such term does not include an associate’s or bachelor’s degree).

“(vii) 15 points for a bachelor’s degree from an institution of higher education in the United States.

“(viii) 15 points for a graduate or professional degree (or the equivalent) from a foreign institution that is comparable to an institution of higher education in the United States.

“(ix) 17 points for a degree described in clause (v), which is in a field of science, technology, engineering, or mathematics.

“(x) 17 points for a graduate or professional degree from an institution of higher education in the United States.

“(xi) 22 points for a degree described in clause (vii), which is in a field of science, technology, engineering, or mathematics.

“(xii) 24 points for a degree described in clause (viii) or (x), which is in a field of science, technology, engineering, or mathematics.

“(xiii) 26 points for a doctoral degree (or the equivalent) from a foreign institution that is comparable to an institution of higher education in the United States.

“(xiv) 28 points for a doctoral degree from an institution of higher education in the United States.

“(xv) 30 points for a degree described in clause (x), which is in a field of science, technology, engineering, or mathematics from a covered institution.

“(xvi) 30 points for a doctorate of medicine (or the equivalent) from a foreign graduate medical school that is comparable to a graduate medical school at an institution of higher education in the United States.

“(xvii) 34 points for a degree described in clause (xiii) or (xiv), which is in a field of science, technology, engineering, or mathematics.

“(xviii) 34 points for a doctorate of medicine from graduate medical school at an institution of higher education in the United States.

“(xix) 40 points for a degree described in clause (xiv), which is in a field of science, technology, engineering, or mathematics from a covered institution.

“(B) Employment—A petitioner shall be awarded points for each 2-year period in which the petitioner is employed on a full-time basis, equal to 1/3 of the points awarded under subparagraph (A) for the lowest degree that is required for any position held during such period. In the case of a position for which no degree is required, the position shall be considered to require a diploma or degree described in subparagraph (A)(ii). A single period of not more than 2 weeks during which a petitioner is unemployed, but is in receipt of a job offer, shall not be considered to interrupt a period of employment.

“(C) Military service—A petitioner shall be awarded points for service in the Armed Forces equal to 30 points for any alien who served as a member of a regular or reserve component of the Armed Forces in an active duty status for not less than 3 years, and, if discharged, received a discharge other than dishonorable.

“(D) English language proficiency—A petitioner shall be awarded points for English proficiency equal to the highest of the following for which the petitioner is eligible:

“(i) 2 points for a score in the 5th decile on an English language proficiency test.

“(ii) 6 points for a score in the 6th decile on an English language proficiency test.

“(iii) 7 points for a score in the 7th decile on an English language proficiency test.

“(iv) 8 points for a score in the 8th decile on an English language proficiency test.

“(v) 9 points for a score in the 9th decile on an English language proficiency test.

“(vi) 10 points for a score in the 10th decile on an English language proficiency test.

“(4) Total point score; Subsequent submissions; verification

“(A) Total point score—The total point score for a petitioner is equal to sum of the points awarded under each of subparagraphs (A), (B), (C), and (D) of paragraph (3).

“(B) Subsequent submissions—The alien may amend the petition under this subsection at any point after the initial filing to provide information for purposes of new point awards for which the alien may be eligible.

“(C) Duration of petition validity—A petition under this subsection shall be valid—

“(i) in the case of a petition that is denied, the date of such denial; or

“(ii) in the case of a petition that is granted, the date on which a visa has been issued pursuant to such petition.

“(D) Verification—Prior to the issuance of any visa under this subsection, the Secretary shall verify that the information in the petition remains accurate as of the time of the visa issuance.

“(E) Clarification—A petition may not be denied for the failure of a petitioner to attain the minimum number of points required under subsection (e)(2).

“(5) Definitions

“(A) English language proficiency test—The term English language proficiency test means any test to measure English proficiency that has been approved by the Director of U.S. Citizenship and Immigration Services, in consultation with the Secretary of Education.

“(B) Field of science, technology, engineering, or mathematics—The term field of science, technology, engineering, or mathematics means a field included in the Department of Education’s Classification of Instructional Programs taxonomy within the summary groups of computer and information sciences and support services, engineering, biological and biomedical sciences, mathematics and statistics, physical sciences, and the series geography and cartography (series 45.07), advanced/graduate dentistry and oral sciences (series 51.05) and nursing (series 51.38).

“(C) High school—The term high school has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

“(D) Institution of higher education—The term institution of higher education has the meaning given that term in section 102(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1002(a)(1)), except that such term does not include an institution outside the United States described in subparagraph (C) of such section.

“(E) Covered institution—The term covered institution means an institution that—

“(i) is an institution of higher education;

“(ii) as classified by the Carnegie Foundation for the Advancement of Teaching on January 1, 2019, as a doctorate-granting university with a very high or high level of research activity or classified by the National Science Foundation after the date of enactment of this paragraph, pursuant to an application by the institution, as having equivalent research activity to those institutions that had been classified by the Carnegie Foundation as being doctorate-granting universities with a very high or high level of research activity; and

“(iii) has been in existence for at least 10 years.

“(F) Full-time—The term full-time means—

“(i) in the case of an individual who is not described in clause (ii), not less than 35 hours per week; or

“(ii) in the case of an individual who is enrolled in and is in regular attendance at a high school or institution of education within the United States, or who is the primary caregiver of—

“(I) a child under 18 years of age; or

“(II) a child 18 years of age or over, spouse, parent, grandparent, or sibling, who is incapable of self-care because of a mental or physical disability or who has a serious injury or illness (as such term is defined in section 101(18) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(18))),”

(2)

in subsection (e), by inserting after paragraph (1), the following:

“(2) Immigrant visas made available under subsection (c) shall be issued in accordance with the following:

“(A) The Secretary of Homeland Security shall, periodically but not less than once each fiscal year, make final determinations with regard to that period of the point values allocated to applicants in accordance with subsection (c)(3) through (5).

“(B) The Secretary shall first determine the applicant who is described under subsection (c)(2) who is the son or daughter of an alien admitted under section 101(a)(15)(E)(i) or (ii) and who has the highest total point score greater than 12 calculated for that period under subsection (c)(4)(A) of all such applicants, and shall issue a visa to such applicant.

“(C) The Secretary shall next determine the applicant who is described under subsection (c)(2) who is the son or daughter of an alien admitted under section 101(a)(15)(H)(i)(b) and who has the highest total point score greater than 12 calculated for that period under subsection (c)(4)(A) of all such applicants, and shall issue a visa to such applicant.

“(D) The Secretary shall next determine the applicant who is described under subsection (c)(2) who is the son or daughter of an alien admitted under section 101(a)(15)(L) and who has the highest total point score greater than 12 calculated for that period under subsection (c)(4)(A) of all such applicants, and shall issue a visa to such applicant.

“(E) The Secretary shall next determine the applicant who is described under subsection (c)(2) who is a contingent nonimmigrant and who has the highest total point score greater than 12 calculated for that period under subsection (c)(4)(A) of all such applicants, and shall issue a visa to such applicant.

“(F) The Secretary shall then repeat the process specified in subparagraphs (B) through (E) until all visas made available for that period have been issued. If no applicants remain for any such category, the Secretary shall exclude that category from further consideration for that period.

“(G) In any case in which more than one petitioner in a category under this paragraph has the same total point score, the Secretary shall issue the visa to the applicant whose petition was filed earliest.

“(H) No petitioner with a total point score which is less than 12 may be issued a visa under this paragraph.”

(b)

Worldwide level— Section 201 of the Immigration and Nationality Act (8 U.S.C. 1151), as amended by this title, is further amended—

(1)

in subsection (a), by inserting after paragraph (2) the following:

“(3) for fiscal years beginning with fiscal year 2025, immigrants who are aliens described in section 203(c) in a number not to exceed in any fiscal year the number specified in subsection (e) for that year, and not to exceed in any of the first 3 quarters of any fiscal year 27 percent of the worldwide level under such subsection for all of such fiscal year.”

(2)

by inserting after subsection (d) the following:

“(e) Worldwide Level for contingent nonimmigrants and certain children of nonimmigrants

“(1) In general—The worldwide level of immigrants who may receive a visa under section 203(c) is equal to—

“(A) 470,400 for fiscal year 2025; and

“(B) for each fiscal year thereafter, any visas under this subsection for the prior fiscal year that are unused, plus the lesser of—

“(i) 78,400; and

“(ii) the number calculated under paragraph (3) for the fiscal year.

“(2) Calculation of total eligible pool—The number calculated under this paragraph is equal to—

“(A) the number of applications received by the Secretary under section 1102(c) of division B of the Border Security and Immigration Reform Act of 2018 during the application period set forth in such section, plus

“(B) the number of petitions filed by an alien described in section 203(c)(2) during the period set forth in section 204(a)(1)(I)(ii)(II).

“(3) Number of visas remaining to be place in escrow—The number calculated under this paragraph for a fiscal year is equal to the number calculated under paragraph (2), less the total number of visas issued under section 203(c) during the period beginning on October 1, 2024 and ending on the last day of the prior fiscal year.”

(c)

Procedure for granting immigrant status— Section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)), as amended by this title, is further amended by inserting after subparagraph (H) the following:

“(I)

“(i) A contingent nonimmigrant or an alien described in section 203(c)(2) desiring to be provided an immigrant visa under section 203(c) (including such an alien who is under 18 years of age) may file a petition during the period described in clause (ii) at the place determined by the Secretary of Homeland Security by regulation.

“(ii)

“(I) A contingent nonimmigrant may file a petition for an immigrant visa under section 203(c) during the period beginning on the date on which the alien obtained contingent nonimmigrant status under section 1103(a) of the Border Security and Immigration Reform Act of 2018, and ending on the date that is 5 years after such date.

“(II) An alien described in section 203(c)(2) may file a petition for an immigrant visa under section 203(c) during the period beginning on October 1, 2019, and ending on October 1, 2020. Such an alien may file such a petition from outside the United States.”

(d)

Effective date— This section and the amendments made by this section shall take effect on October 1, 2019.

Sec. 2105 Sunset of adjustment visas for conditional nonimmigrants and children of certain nonimmigrants

(a)

Sunset—

(1)

In general— Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153) is amended by striking subsection (c).

(2)

Technical and conforming amendments— The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended—

(A)

in section 201—

(i)

in subsection (a)—

(I)

in paragraph (1), by adding “and” at the end; and

(II)

by striking paragraph (3); and

(ii)

by striking subsection (e);

(B)

in section 203(e), by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); and

(C)

in section 204—

(i)

in subsection (a)(1), by striking subparagraph (I); and

(ii)

in subsection (e), by striking “subsection (a), (b), or (c) of section 203” and inserting “subsection (a) or (b) of section 203”.

(3)

Effective date— This subsection and the amendments made by this subsection shall take effect on the first day of the first full fiscal year beginning after September 30, 2025 and after the date on which no alien has a petition for an immigrant visa or adjustment of status under section 203(c) of the Immigration and Nationality Act (8 U.S.C. 1153(c)), or any appeal pertaining to such petition, pending.

(4)

Escrow for pending applications—

(A)

In general— On the date of the effective date of this subsection, a number of immigrant visas equal to any visas under section 203(c)(2) for the prior fiscal year that are unused shall be made available for award to covered aliens in accordance with section 203(c) of the Immigration and Nationality Act, as in effect on the date that is 1 day prior to the effective date of this subsection.

(B)

Covered alien— For purposes of this paragraph, the term covered alien means an alien who—

(i)

on the date on which the application period under section 204(a)(1)(I) of the Immigration and Nationality Act, as in effect on the day prior to the effective date of this subsection, ended had an application pending for contingent nonimmigrant status; and

(ii)

was granted contingent nonimmigrant status on or after the effective date of this subsection.

(b)

Reallocation of 4th priority family visas to employment categories—

(1)

Worldwide level of employment-based immigrants— Section 201(d) of the Immigration and Nationality Act (8 U.S.C. 1151(d)) is amended to read as follows:

“(d) Worldwide level of employment-based immigrants—The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to 205,000 (except that for fiscal year 2020, such level is equal to 204,100).”

(2)

Preference allocation for employment-based immigrants— Section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)) is amended—

(A)

in paragraph (1), in the matter preceding subparagraph (A), by striking “28.6 percent of such worldwide level” and inserting “60,040 (except that for fiscal year 2020, such number is equal to 59,740)”;

(B)

in paragraph (2)(A), by striking “28.6 percent of such worldwide level” and inserting “60,040 (except that for fiscal year 2020, such number is equal to 59,740)”;

(C)

in paragraph (3)(A), by striking “28.6 percent of such worldwide level” and inserting “60,040 (except that for fiscal year 2020, such number is equal to 59,740)”;

(D)

in paragraph (4), by striking “7.1 percent of such worldwide level” and inserting “14,940”; and

(E)

in paragraph (5)(A), by striking “7.1 percent of such worldwide level” and inserting “9,940”.

(3)

Effective date— This subsection and the amendments made by this subsection shall take effect beginning on October 1, 2019.

Sec. 2106 Implementation

Not later than September 30, 2019, the Secretary of Homeland Security shall publish interim final rules implementing this title and the amendments made by this title.

Sec. 2107 Repeal of suspension of deportation and adjustment of status for certain aliens

(a)

Repeal of temporary reduction of visas— Section 203 of the Nicaraguan Adjustment and Central American Relief Act is amended—

(1)

by striking subsection (d) (8 U.S.C. 1151 note); and

(2)

by striking subsection (e) (8 U.S.C. 1153 note).

(b)

Repeal of certain transition rule— Section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208; division C; 8 U.S.C. 1101 note) is amended—

(1)

in subsection (c)(5), by striking subparagraph (C);

(2)

by striking subsection (f);

(3)

by striking subsection (g); and

(4)

by striking subsection (h).

(c)

Repeal of exception for certain aliens from annual limitation on cancellation of removals— Paragraph (3) of section 240A(e) of the Immigration and Nationality Act (8 U.S.C. 1229b(e)) is amended to read as follows:

“(3) Exception for certain aliens—Paragraph (1) shall not apply to aliens in deportation proceedings prior to April 1, 1997, who applied for suspension of deportation under section 244(a)(3) (as in effect before the date of the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996).”

(d)

Transition rule— The amendments made by this section shall take effect on October 1, 2019.

III Unaccompanied Alien Children; Interior Immigration Enforcement

Sec. 3101 Repatriation of unaccompanied alien children

(a)

In general— Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is amended—

(1)

in subsection (a)—

(A)

in paragraph (2)—

(i)

by amending the heading to read as follows: “Rules for unaccompanied alien children.—”;

(ii)

in subparagraph (A)—

(I)

in the matter preceding clause (i), by striking “who is a national or habitual resident of a country that is contiguous with the United States”;

(II)

in clause (i), by inserting “and” at the end;

(III)

in clause (ii), by striking “; and” and inserting a period; and

(IV)

by striking clause (iii);

(iii)

in subparagraph (B)—

(I)

in the matter preceding clause (i), by striking “(8 U.S.C. 1101 et seq.) may—” and inserting “(8 U.S.C. 1101 et seq.)—”;

(II)

in clause (i), by inserting before “permit such child to withdraw” the following: “may”; and

(III)

in clause (ii), by inserting before “return such child” the following: “shall”; and

(iv)

in subparagraph (C)—

(I)

by amending the heading to read as follows: “Agreements with foreign countries.—”; and

(II)

in the matter preceding clause (i), by striking “The Secretary of State shall negotiate agreements between the United States and countries contiguous to the United States” and inserting “The Secretary of State may negotiate agreements between the United States and any foreign country that the Secretary determines appropriate”;

(B)

by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively, and inserting after paragraph (2) the following:

“(3) Special rules for interviewing unaccompanied alien children—An unaccompanied alien child shall be interviewed by a dedicated U.S. Citizenship and Immigration Services immigration officer with specialized training in interviewing child trafficking victims. Such officer shall be in plain clothes and shall not carry a weapon. The interview shall occur in a private room.”

(C)

in paragraph (6)(D) (as so redesignated)—

(i)

in the matter preceding clause (i), by striking “, except for an unaccompanied alien child from a contiguous country subject to exceptions under subsection (a)(2), ” and inserting “who does not meet the criteria listed in paragraph (2)(A)”; and

(ii)

in clause (i), by inserting before the semicolon at the end the following: “, which shall include a hearing before an immigration judge not later than 14 days after being screened under paragraph (4)”;

(2)

in subsection (b)—

(A)

in paragraph (2)—

(i)

in subparagraph (A), by inserting before the semicolon the following: “believed not to meet the criteria listed in subsection (a)(2)(A)”; and

(ii)

in subparagraph (B), by inserting before the period the following: “and does not meet the criteria listed in subsection (a)(2)(A)”; and

(B)

in paragraph (3), by striking “an unaccompanied alien child in custody shall” and all that follows, and inserting the following:

“(A) in the case of a child who does not meet the criteria listed in subsection (a)(2)(A), shall transfer the custody of such child to the Secretary of Health and Human Services not later than 30 days after determining that such child is an unaccompanied alien child who does not meet such criteria; or

“(B) in the case of child who meets the criteria listed in subsection (a)(2)(A), may transfer the custody of such child to the Secretary of Health and Human Services after determining that such child is an unaccompanied alien child who meets such criteria.”

(3)

in subsection (c)—

(A)

in paragraph (3), by inserting at the end the following:

“(D) Information about individuals with whom children are placed

“(i) Information to be provided to Homeland Security—Before placing a child with an individual, the Secretary of Health and Human Services shall provide to the Secretary of Homeland Security, regarding the individual with whom the child will be placed, the following information:

“(I) The name of the individual.

“(II) The social security number of the individual, if available.

“(III) The date of birth of the individual.

“(IV) The location of the individual’s residence where the child will be placed.

“(V) The immigration status of the individual, if known.

“(VI) Contact information for the individual.

“(ii) Special rule—In the case of a child who was apprehended on or after the effective date of this clause, and before the date of the enactment of this subparagraph, who the Secretary of Health and Human Services placed with an individual, the Secretary shall provide the information listed in clause (i) to the Secretary of Homeland Security not later than 90 days after such date of enactment.”

(B)

in paragraph (5)—

(i)

by inserting after “to the greatest extent practicable” the following: “(at no expense to the Government)”; and

(ii)

by striking “have counsel to represent them” and inserting “have access to counsel to represent them”.

(b)

Effective date— The amendments made by this section shall apply to any unaccompanied alien child apprehended on or after the date of enactment.

Sec. 3102 Clarification of standards for family detention

(a)

In general— Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is amended by adding at the end the following:

“(j) Construction

“(1) In general—Notwithstanding any other provision of law, judicial determination, consent decree, or settlement agreement, the detention of any alien child who is not an unaccompanied alien child shall be governed by sections 217, 235, 236, and 241 of the Immigration and Nationality Act (8 U.S.C. 1187, 1225, 1226, and 1231). There exists no presumption that an alien child who is not an unaccompanied alien child should not be detained, and all such determinations shall be in the discretion of the Secretary of Homeland Security.

“(2) Release of minors other than unaccompanied aliens—In no circumstances shall an alien minor who is not an unaccompanied alien child be released by the Secretary of Homeland Security other than to a parent or legal guardian.

“(3) Family detention—The Secretary of Homeland Security shall—

“(A) maintain the care and custody of an alien, during the period during which the charges described in clause (i) are pending, who—

“(i) is charged only with a misdemeanor offense under section 275(a) of the Immigration and Nationality Act (8 U.S.C. 1325(a)); and

“(ii) entered the United States with the alien’s child who has not attained 18 years of age; and

“(B) detain the alien with the alien’s child.”

(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 all actions that occur before, on, or after the date of the enactment of this Act.

(c)

Preemption of State licensing requirements— Notwithstanding any other provision of law, judicial determination, consent decree, or settlement agreement, no State may require that an immigration detention facility used to detain children who have not attained 18 years of age, or families consisting of one or more of such children and the parents or legal guardians of such children, that is located in that State, be licensed by the State or any political subdivision thereof.

Sec. 3103 Detention of dangerous aliens

Section 241(a) of the Immigration and Nationality Act (8 U.S.C. 1231(a)) is amended—

(1)

by striking “Attorney General” each place it appears, except for the first reference in paragraph (4)(B)(i), and inserting “Secretary of Homeland Security”;

(2)

in paragraph (1), by amending subparagraph (B) to read as follows:

“(B) Beginning of period—The removal period begins on the latest of the following:

“(i) The date the order of removal becomes administratively final.

“(ii) If the alien is not in the custody of the Secretary on the date the order of removal becomes administratively final, the date the alien is taken into such custody.

“(iii) If the alien is detained or confined (except under an immigration process) on the date the order of removal becomes administratively final, the date the alien is taken into the custody of the Secretary, after the alien is released from such detention or confinement.”

(3)

in paragraph (1), by amending subparagraph (C) to read as follows:

“(C) Suspension of period

“(i) Extension—The removal period shall be extended beyond a period of 90 days and the Secretary may, in the Secretary’s sole discretion, keep the alien in detention during such extended period if—

“(I) 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 that is subject to an order of removal;

“(II) a court, the Board of Immigration Appeals, or an immigration judge orders a stay of removal of an alien who is subject to an administratively final order of removal;

“(III) the Secretary transfers custody of the alien pursuant to law to another Federal agency or a State or local government agency in connection with the official duties of such agency; or

“(IV) a court or the Board of Immigration Appeals orders a remand to an immigration judge or the Board of Immigration Appeals, during the time period when the case is pending a decision on remand (with the removal period beginning anew on the date that the alien is ordered removed on remand).

“(ii) Renewal—If the removal period has been extended under subparagraph (C)(i), a new removal period shall be deemed to have begun on the date—

“(I) the alien makes 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;

“(II) the stay of removal is no longer in effect; or

“(III) the alien is returned to the custody of the Secretary.

“(iii) Mandatory detention for certain aliens—In the case of an alien described in subparagraphs (A) through (D) of section 236(c)(1), the Secretary shall keep that alien in detention during the extended period described in clause (i).

“(iv) Sole form of relief—An alien may seek relief from detention under this subparagraph only by filing an application for a writ of habeas corpus in accordance with chapter 153 of title 28, United States Code. No alien whose period of detention is extended under this subparagraph shall have the right to seek release on bond.”

(4)

in paragraph (3)—

(A)

by adding after “If the alien does not leave or is not removed within the removal period” the following: “or is not detained pursuant to paragraph (6) of this subsection”; and

(B)

by striking subparagraph (D) and inserting the following:

“(D) to obey reasonable restrictions on the alien’s conduct or activities that the Secretary prescribes for the alien, in order to prevent the alien from absconding, for the protection of the community, or for other purposes related to the enforcement of the immigration laws.”

(5)

in paragraph (4)(A), by striking “paragraph (2)” and inserting “subparagraph (B)”; and

(6)

by striking paragraph (6) and inserting the following:

“(6) Additional rules for detention or release of certain aliens

“(A) Detention review process for cooperative aliens established—For an alien who is not otherwise subject to mandatory detention, who has made all reasonable efforts to comply with a removal order and to cooperate fully with the Secretary of Homeland Security's efforts to establish the alien's identity and carry out the removal order, including making timely application in good faith for travel or other documents necessary to the alien's departure, and who has not conspired or acted to prevent removal, the Secretary shall establish an administrative review process to determine whether the alien should be detained or released on conditions. The Secretary shall make a determination whether to release an alien after the removal period in accordance with subparagraph (B). The determination shall include consideration of any evidence submitted by the alien, and may include consideration of any other evidence, including any information or assistance provided by the Secretary of State or other Federal official and any other information available to the Secretary of Homeland Security pertaining to the ability to remove the alien.

“(B) Authority to detain beyond removal period

“(i) In general—The Secretary of Homeland Security, in the exercise of the Secretary’s sole discretion, may continue to detain an alien for 90 days beyond the removal period (including any extension of the removal period as provided in paragraph (1)(C)). An alien whose detention is extended under this subparagraph shall have no right to seek release on bond.

“(ii) specific circumstances—The Secretary of Homeland Security, in the exercise of the Secretary’s sole discretion, may continue to detain an alien beyond the 90 days authorized in clause (i)—

“(I) until the alien is removed, if the Secretary, in the Secretary’s sole discretion, determines that there is a significant likelihood that the alien—

“(aa) will be removed in the reasonably foreseeable future; or

“(bb) 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 cooperate fully 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 removal;

“(II) until the alien is removed, if the Secretary of Homeland Security certifies in writing—

“(aa) in consultation with the Secretary of Health and Human Services, that the alien has a highly contagious disease that poses a threat to public safety;

“(bb) after receipt of a written recommendation from the Secretary of State, that release of the alien is likely to have serious adverse foreign policy consequences for the United States;

“(cc) based on information available to the Secretary of Homeland Security (including classified, sensitive, or national security information, and without regard to the grounds upon which the alien was ordered removed), that there is reason to believe that the release of the alien would threaten the national security of the United States; or

“(dd) that 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 either (AA)—

“(AA) the alien has been convicted of (aaa) one or more aggravated felonies (as defined in section 101(a)(43)(A)), (bbb) one or more crimes identified by the Secretary of Homeland Security by regulation, if the aggregate term of imprisonment for such crimes is at least 5 years, or (ccc) one or more attempts or conspiracies to commit any such aggravated felonies or such identified crimes, if the aggregate term of imprisonment for such attempts or conspiracies is at least 5 years; or

“(BB) the alien has committed one or more violent crimes (as referred to in section 101(a)(43)(F), but not including a purely political offense) 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; or

“(III) pending a certification under subclause (II), so long as the Secretary of Homeland Security has initiated the administrative review process not later than 30 days after the expiration of the removal period (including any extension of the removal period, as provided in paragraph (1)(C)).

“(iii) No right to bond hearing—An alien whose detention is extended under this subparagraph shall have no right to seek release on bond, including by reason of a certification under clause (ii)(II).

“(C) Renewal and delegation of certification

“(i) Renewal—The Secretary of Homeland Security may renew a certification under subparagraph (B)(ii)(II) every 6 months, 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 subparagraph (B)(ii)(II).

“(ii) Delegation—Notwithstanding section 103, the Secretary of Homeland Security may not delegate the authority to make or renew a certification described in item (bb), (cc), or (dd) of subparagraph (B)(ii)(II) below the level of the Director of Immigration and Customs Enforcement.

“(iii) Hearing—The Secretary of Homeland Security may request that the Attorney General or the Attorney General's designee provide for a hearing to make the determination described in item (dd)(BB) of subparagraph (B)(ii)(II).

“(D) Release on conditions—If it is determined that an alien should be released from detention by a Federal court, the Board of Immigration Appeals, or if an immigration judge orders a stay of removal, the Secretary of Homeland Security, in the exercise of the Secretary's discretion, may impose conditions on release as provided in paragraph (3).

“(E) Redetention—The Secretary of Homeland Security, in the exercise of the Secretary's 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 removal becomes likely in the reasonably foreseeable future, the alien fails to comply with the conditions of release, or to continue to satisfy the conditions described in subparagraph (A), or if, upon reconsideration, the Secretary, in the Secretary’s sole discretion, determines that the alien can be detained under subparagraph (B). This section shall apply to any alien returned to custody pursuant to this subparagraph, as if the removal period terminated on the day of the redetention.

“(F) Review of determinations by Secretary—A determination by the Secretary under this paragraph shall not be subject to review by any other agency.”

Sec. 3104 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 to read as follows:

“(43) Notwithstanding any other provision of law, the term aggravated felony means any offense, whether in violation of Federal, State, or foreign law, that is described in this paragraph. An offense described in this paragraph is—

“(A) homicide (including murder in any degree, manslaughter, and vehicular manslaughter), rape (whether the victim was conscious or unconscious), statutory rape, sexual assault or battery, or any offense of a sexual nature involving an intended victim under the age of 18 years (including offenses in which the intended victim was a law enforcement officer);

“(B)

“(i) illicit trafficking in a controlled substance (as defined in section 102 of the Controlled Substances Act), including a drug trafficking crime (as defined in section 924(c) of title 18, United States Code); or

“(ii) any offense under State law relating to a controlled substance (as so classified under State law) which is classified as a felony in that State regardless of whether the substance is classified as a controlled substance under section 102 of the Controlled Substances Act (21 U.S.C. 802);

“(C) illicit trafficking in firearms or destructive devices (as defined in section 921 of title 18, United States Code) or in explosive materials (as defined in section 841(c) of that title);

“(D) an offense described in section 1956 of title 18, United States Code (relating to laundering of monetary instruments) or section 1957 of that title (relating to engaging in monetary transactions in property derived from specific unlawful activity) if the amount of the funds exceeded $10,000;

“(E) an offense described in—

“(i) section 842 or 844 of title 18, United States Code (relating to explosive materials offenses);

“(ii) section 922 or 924 of title 18, United States Code (relating to firearms offenses); or

“(iii) section 5861 of the Internal Revenue Code of 1986 (relating to firearms offenses);

“(F) a violent crime for which the term of imprisonment is at least 1 year, including—

“(i) any offense that has an element the use, attempted use, or threatened use of physical force against the person or property of another; or

“(ii) any other offense in which the record of conviction establishes that the offender used physical force against the person or property of another in the course of committing the offense;

“(G)

“(i) theft (including theft by deceit, theft by fraud, embezzlement, motor vehicle theft, unauthorized use of a vehicle, or receipt of stolen property), regardless of whether the intended deprivation was temporary or permanent, for which the term of imprisonment is at least 1 year; or

“(ii) burglary for which the term of imprisonment is at least 1 year;

“(H) an offense described in section 875, 876, 877, or 1202 of title 18, United States Code (relating to the demand for or receipt of ransom);

“(I) an offense involving child pornography or sexual exploitation of a minor (including any offense described in section 2251, 2251A, or 2252 of title 18, United States Code);

“(J) an offense described in section 1962 of title 18, United States Code (relating to racketeer influenced corrupt organizations), or an offense described in section 1084 (if it is a second or subsequent offense) or 1955 of that title (relating to gambling offenses);

“(K) an offense that—

“(i) relates to the owning, controlling, managing, or supervising of a prostitution business;

“(ii) is described in section 2421, 2422, or 2423 of title 18, United States Code (relating to transportation for the purpose of prostitution) if committed for commercial advantage; or

“(iii) is described in any of sections 1581–1585 or 1588–1591 of title 18, United States Code (relating to peonage, slavery, involuntary servitude, and trafficking in persons);

“(L) an offense described in—

“(i) section 793 (relating to gathering or transmitting national defense information), 798 (relating to disclosure of classified information), 2153 (relating to sabotage) or 2381 or 2382 (relating to treason) of title 18, United States Code;

“(ii) section 601 of the National Security Act of 1947 (50 U.S.C. 421) (relating to protecting the identity of undercover intelligence agents);

“(iii) section 601 of the National Security Act of 1947 (relating to protecting the identity of undercover agents);

“(iv) section 175 (relating to biological weapons) of title 18, United States Code;

“(v) sections 792 (harboring or concealing persons who violated sections 793 or 794 of title 18, United States Code), 794 (gathering or delivering defense information to aid foreign government), 795 (photographing and sketching defense installations), 796 (use of aircraft for photographing defense installations), 797 (publication and sale of photographs of defense installations), 799 (violation of NASA regulations for protection of facilities) of title 18, United States Code;

“(vi) sections 831 (prohibited transactions involving nuclear materials) and 832 (participation in nuclear and weapons of mass destruction threats to the United States) of title 18, United States Code;

“(vii) sections 2332a-d, f-h (relating to terrorist activities) of title 18, United States Code;

“(viii) sections 2339 (relating to harboring or concealing terrorists), 2339A (relating to material support to terrorists), 2339B (relating to material support or resources to designated foreign terrorist organizations), 2339C (relating to financing of terrorism), 2339D (relating to receiving military-type training from a terrorist organization) of title 18, United States Code;

“(ix) section 1705 of the International Emergency Economic Powers Act (50 U.S.C. 1705); or

“(x) section 38 of the Arms Export Control Act (22 U.S.C. 2778);

“(M) an offense that—

“(i) involves fraud or deceit in which the loss to the victim or victims exceeds $10,000; or

“(ii) is described in section 7201 of the Internal Revenue Code of 1986 (relating to tax evasion) in which the revenue loss to the Government exceeds $10,000;

“(N) an offense described in section 274(a) (relating to alien smuggling), except in the case of a first offense for which the alien has affirmatively shown that the alien committed the offense for the purpose of assisting, abetting, or aiding only the alien's spouse, child, or parent (and no other individual) to violate a provision of this Act;

“(O) an offense described in section 275 or 276 for which the term of imprisonment is at least 1 year;

“(P) an offense which is described in chapter 75 of title 18, United States Code, and for which the term of imprisonment is at least 1 year;

“(Q) an offense relating to a failure to appear by a defendant for service of sentence if the underlying offense is punishable by imprisonment for a term of 5 years or more;

“(R) an offense relating to commercial bribery, counterfeiting, forgery, or trafficking in vehicles the identification numbers of which have been altered for which the term of imprisonment is at least one year;

“(S) an offense relating to obstruction of justice, perjury or subornation of perjury, or bribery of a witness;

“(T) an offense relating to a failure to appear before a court pursuant to a court order to answer to or dispose of a charge of a felony for which a sentence of 2 years' imprisonment or more may be imposed;

“(U) any offense for which the term of imprisonment imposed was 2 years or more;

“(V) an offense relating to terrorism or national security (including a conviction for a violation of any provision of chapter 113B of title 18, United States Code; or

“(W)

“(i) a single conviction for driving while intoxicated (including a conviction for driving while under the influence of or impairment by alcohol or drugs), when such impaired driving was a cause of the serious bodily injury or death of another person; or

“(ii) a second or subsequent conviction for driving while intoxicated (including a conviction for driving under the influence of or impaired by alcohol or drugs); or

“(X) an attempt or conspiracy to commit an offense described in this paragraph or aiding, abetting, counseling, procuring, commanding, inducing, facilitating, or soliciting the commission of such an offense.”

(b)

Effective date; application of amendments—

(1)

In general— The amendments made by subsection (a)—

(A)

shall take effect on the date of the enactment of this Act; and

(B)

shall apply to any act or conviction that occurred before, on, or after such date.

(2)

Application of IIRIRA amendments— The amendments to section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) made by section 321 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208; 110 Stat. 3009–627) shall continue to apply, whether the conviction was entered before, on, or after September 30, 1996.

Sec. 3105 Crime of violence

Section 16 of title 18, United States Code, is amended to read as follows:

“16. Crime of violence defined

“(a) The term crime of violence means an offense that—

“(1)

“(A) is murder, voluntary manslaughter, assault, sexual abuse or aggravated sexual abuse, abusive sexual contact, child abuse, kidnapping, robbery, carjacking, firearms use, burglary, arson, extortion, communication of threats, coercion, unauthorized use of a vehicle, fleeing, interference with flight crew members and attendants, domestic violence, hostage taking, stalking, human trafficking, or using weapons of mass destruction; or

“(B) involves use or unlawful possession of explosives or destructive devices described in 5845(f) of the Internal Revenue Code of 1986;

“(2) has as an element the use, attempted use, or threatened use of physical force against the person or property of another; or

“(3) is an attempt to commit, conspiracy to commit, solicitation to commit, or aiding and abetting any of the offenses set forth in paragraphs (1) and (2).

“(b) In this section:

“(1) The term abusive sexual contact means conduct described in section 2244(a)(1) and (a)(2).

“(2) The terms aggravated sexual abuse and sexual abuse mean conduct described in sections 2241 and 2242. For purposes of such conduct, the term sexual act means conduct described in section 2246(2), or the knowing and lewd exposure of genitalia or masturbation, to any person, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.

“(3) The term assault means conduct described in section 113(a), and includes conduct committed recklessly, knowingly, or intentionally.

“(4) The term arson means conduct described in section 844(i) or unlawfully or willfully damaging or destroying any building, inhabited structure, vehicle, vessel, or real property by means of fire or explosive.

“(5) The term burglary means an unlawful or unprivileged entry into, or remaining in, a building or structure, including any nonpermanent or mobile structure that is adapted or used for overnight accommodation or for the ordinary carrying on of business, and, either before or after entering, the person—

“(A) forms the intent to commit a crime; or

“(B) commits or attempts to commit a crime.

“(6) The term carjacking means conduct described in section 2119, or the unlawful taking of a motor vehicle from the immediate actual possession of a person against his will, by means of actual or threatened force, or violence or intimidation, or by sudden or stealthy seizure or snatching, or fear of injury.

“(7) The term child abuse means the unlawful infliction of physical injury or the commission of any sexual act against a child under fourteen by any person eighteen years of age or older.

“(8) The term communication of threats means conduct described in section 844(e), or the transmission of any communications containing any threat of use of violence to—

“(A) demand or request for a ransom or reward for the release of any kidnapped person; or

“(B) threaten to kidnap or injure the person of another.

“(9) The term coercion means causing the performance or non-performance of any act by another person which under such other person has a legal right to do or to abstain from doing, through fraud or by the use of actual or threatened force, violence, or fear thereof, including the use, or an express or implicit threat of use, of violence to cause harm, or threats to cause injury to the person, reputation or property of any person.

“(10) The term domestic violence means any assault committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim

“(11) The term extortion means conduct described in section 1951(b)(2)), but not extortion under color of official right or fear of economic loss.

“(12) The term firearms use means conduct described in section 924(c) or 929(a), if the firearm was brandished, discharged, or otherwise possessed, carried, or used as a weapon and the crime of violence or drug trafficking crime during and in relation to which the firearm was possessed, carried, or used was subject to prosecution in any court of the United States, State court, military court or tribunal, or tribal court. Such term also includes unlawfully possessing a firearm described in section 5845(a) of the Internal Revenue Code of 1986 (such as a sawed-off shotgun or sawed-off rifle, silencer, bomb, or machine gun), possession of a firearm described in section 922(g)(1), 922(g)(2) and 922(g)(4), possession of a firearm with the intent to use such firearm unlawfully, or reckless discharge of a firearm at a dwelling.

“(13) The term fleeing means knowingly operating a motor vehicle and, following a law enforcement officer’s signal to bring the motor vehicle to a stop—

“(A) failing or refusing to comply; or

“(B) fleeing or attempting to elude a law enforcement officer.

“(14) The term force means the level of force needed or intended to overcome resistance.

“(15) The term hostage taking means conduct described in section 1203.

“(16) The term human trafficking means conduct described in section 1589, 1590, and 1591.

“(17) The term interference with flight crew members and attendants means conduct described in section 46504 of title 49, United States Code.

“(18) The term kidnapping means conduct described in section 1201(a)(1) or seizing, confining, inveigling, decoying, abducting, or carrying away and holding for ransom or reward or otherwise any person.

“(19) The term murder means conduct described as murder in the first degree or murder in the second degree described in section 1111.

“(20) the term robbery means conduct described in section 1951(b)(1), or the unlawful taking or obtaining of personal property from the person or in the presence of another, against his will, by means of actual or threatened force, or violence or intimidation, or by sudden or stealthy seizure or snatching, or fear of injury, immediate or future, to his person or property, or property in his custody or possession, or the person or property of a relative or member of his family or of anyone in his company at the time of the taking or obtaining.

“(21) The term stalking means conduct described in section 2261A.

“(22) The term unauthorized use of a motor vehicle means the intentional or knowing operation of another person’s boat, airplane, or motor vehicle without the consent of the owner.

“(23) The term using weapons of mass destruction means conduct described in section 2332a.

“(24) the term voluntary manslaughter means conduct described in section 1112(a).

“(c) For purposes of this section, in the case of any reference in subsection (b) to an offense under this title, such reference shall include conduct that constitutes an offense under State or tribal law or under the Uniform Code of Military Justice, if such conduct would be an offense under this title if a circumstance giving rise to Federal jurisdiction had existed.”

Sec. 3106 Grounds of inadmissibility and deportability for alien gang members

(a)

Definition of gang member— Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended by inserting after paragraph (52) the following:

“(53)

“(A) The term criminal gang means an ongoing group, club, organization, or association of 5 or more persons—

“(i) that has as one of its primary purposes the commission of 1 or more of the criminal offenses described in subparagraph (B) and the members of which engage, or have engaged within the past 5 years, in a continuing series of such offenses; or

“(ii) that has been designated as a criminal gang by the Secretary of Homeland Security, in consultation with the Attorney General, as meeting these criteria.

“(B) The offenses described, whether in violation of Federal or State law or foreign law and regardless of whether the offenses occurred before, on, or after the date of the enactment of this paragraph, are the following:

“(i) A “felony drug offense” (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)).

“(ii) A felony offense involving firearms or explosives or in violation of section 931 of title 18, United States Code (relating to purchase, ownership, or possession of body armor by violent felons).

“(iii) An offense 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), except that this clause does not apply in the case of an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) which is exempt from taxation under section 501(a) of such Code.

“(iv) A violent crime described in section 101(a)(43)(F).

“(v) A crime involving obstruction of justice, tampering with or retaliating against a witness, victim, or informant, or perjury or subornation of perjury.

“(vi) Any conduct punishable under sections 1028A and 1029 of title 18, United States Code (relating to aggravated identity theft or fraud and related activity in connection with identification documents or access devices), sections 1581 through 1594 of such title (relating to peonage, slavery, and trafficking in persons), section 1951 of such title (relating to interference with commerce by threats or violence), 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).

“(vii) An attempt or conspiracy to commit an offense described in this paragraph or aiding, abetting, counseling, procuring, commanding, inducing, facilitating, or soliciting the commission of an offense described in clauses (i) through (vi).”

(b)

Inadmissibility— Section 212(a)(2) of such Act (8 U.S.C. 1182(a)(2)) is amended—

(1)

in subparagraph (A)(i)—

(A)

in subclause (I), by striking “or” at the end; and

(B)

by inserting after subclause (II) the following:

“(III) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to participation or membership in a criminal gang, or

“(IV) any felony or misdemeanor offense for which the alien received a sentencing enhancement predicated on gang membership or conduct that promoted, furthered, aided, or supported the illegal activity of the criminal gang,”

(2)

by adding at the end the following:

“(N) Aliens associated with criminal gangs

“(i) Aliens not physically present in the United States—In the case of an alien who is not physically present in the United States:

“(I) That alien is inadmissible if a consular officer, an immigration officer, the Secretary of Homeland Security, or the Attorney General knows or has reason to believe—

“(aa) to be or to have been a member of a criminal gang (as defined in section 101(a)(53)); or

“(bb) to have participated in the activities of a criminal gang (as defined in section 101(a)(53)), knowing or having reason to know that such activities will promote, further, aid, or support the illegal activity of the criminal gang.

“(II) That alien is inadmissible if a consular officer, an immigration officer, the Secretary of Homeland Security, or the Attorney General has reasonable grounds to believe the alien has participated in, been a member of, promoted, or conspired with a criminal gang, either inside or outside of the United States.

“(III) That alien is inadmissible if a consular officer, an immigration officer, the Secretary of Homeland Security, or the Attorney General has reasonable grounds to believe seeks to enter the United States or has entered the United States in furtherance of the activities of a criminal gang, either inside or outside of the United States.

“(ii) Aliens physically present in the United States—In the case of an alien who is physically present in the United States, that alien is inadmissible if the alien—

“(I) is a member of a criminal gang (as defined in section 101(a)(53)); or

“(II) has participated in the activities of a criminal gang (as defined in section 101(a)(53)), knowing or having reason to know that such activities will promote, further, aid, or support the illegal activity of the criminal gang.”

(c)

Deportability— Section 237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end the following:

“(H) Aliens associated with criminal gangs—Any alien is deportable who—

“(i) is or has been a member of a criminal gang (as defined in section 101(a)(53));

“(ii) has participated in the activities of a criminal gang (as so defined), knowing or having reason to know that such activities will promote, further, aid, or support the illegal activity of the criminal gang;

“(iii) has been convicted of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to participation or membership in a criminal gang; or

“(iv) any felony or misdemeanor offense for which the alien received a sentencing enhancement predicated on gang membership or conduct that promoted, furthered, aided, or supported the illegal activity of the criminal gang.”

(d)

Designation—

(1)

In general— Chapter 2 of title II of the Immigration and Nationality Act (8 U.S.C. 1182) is amended by inserting after section 219 the following:

“220. Designation of criminal gang

“(a) Designation

“(1) In general—The Secretary of Homeland Security, in consultation with the Attorney General, may designate a group, club, organization, or association of 5 or more persons as a criminal gang if the Secretary finds that their conduct is described in section 101(a)(53).

“(2) Procedure

“(A) Notification—Seven days before making a designation under this subsection, the Secretary shall, by classified communication, notify the Speaker and Minority Leader of the House of Representatives, the President pro tempore, 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, club, organization, or association of 5 or more persons under this subsection and the factual basis therefor.

“(B) Publication in the Federal Register—The Secretary shall publish the designation in the Federal Register seven days after providing the notification under subparagraph (A).

“(3) Record

“(A) In general—In making a designation under this subsection, the Secretary shall create an administrative record.

“(B) Classified information—The Secretary may consider classified information in making a designation under this subsection. Classified information shall not be subject to disclosure for such time as it remains classified, except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection (c).

“(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 (c).

“(B) Review of designation upon petition

“(i) In general—The Secretary shall review the designation of a criminal gang under the procedures set forth in clauses (iii) and (iv) if the designated group, club, organization, or association of 5 or more persons 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 group, club, organization, or association of 5 or more persons 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 group, club, organization, or association of 5 or more persons 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 group, club, organization, or association of 5 or more persons that submits a petition for revocation under this subparagraph of its designation as a criminal gang must provide evidence in that petition that it is not described in section 101(a)(53).

“(iv) Determination

“(I) In general—Not later than 180 days after receiving a petition for revocation submitted under this subparagraph, the Secretary shall make a determination as to such revocation.

“(II) Classified information—The Secretary may consider classified information in making a determination in response to a petition for revocation. Classified information shall not be subject to disclosure for such time as it remains classified, except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection (c).

“(III) Publication of determination—A determination made by the Secretary under this clause shall be published in the Federal Register.

“(IV) Procedures—Any revocation by the Secretary 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 Secretary shall review the designation of the criminal 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 Secretary. The results of such review and the applicable procedures shall not be reviewable in any court.

“(iii) Publication of results of review—The Secretary 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 Secretary 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 Secretary finds that—

“(i) the group, club, organization, or association of 5 or more persons that has been designated as a criminal gang is no longer described in section 101(a)(53); or

“(ii) the national security or the law enforcement interests of the United States warrants a 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 trial or hearing—If a designation under this subsection has become effective under paragraph (2) 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.

“(b) Amendments to a designation

“(1) In general—The Secretary may amend a designation under this subsection if the Secretary finds that the group, club, organization, or association of 5 or more persons has changed its name, adopted a new alias, dissolved and then reconstituted itself under a different name or names, or merged with another group, club, organization, or association of 5 or more persons.

“(2) Procedure—Amendments made to a designation in accordance with paragraph (1) shall be effective upon publication in the Federal Register. Paragraphs (2), (4), (5), (6), (7), and (8) of subsection (a) shall also apply to an amended designation.

“(3) Administrative record—The administrative record shall be corrected to include the amendments as well as any additional relevant information that supports those amendments.

“(4) Classified information—The Secretary may consider classified information in amending a designation in accordance with this subsection. Classified information shall not be subject to disclosure for such time as it remains classified, except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection (c) of this section.

“(c) Judicial review of designation

“(1) In general—Not later than 30 days after publication in the Federal Register of a designation, an amended designation, or a determination in response to a petition for revocation, the designated group, club, organization, or association of 5 or more persons may seek judicial review 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, except that the Government may submit, for ex parte and in camera review, classified information used in making the designation, amended designation, or determination in response to a petition for revocation.

“(3) Scope of review—The Court shall hold unlawful and set aside a designation, amended designation, or determination in response to a petition for revocation 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 in classified information submitted to the court under paragraph (2); 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, amended designation, or determination in response to a petition for revocation shall not affect the application of this section, unless the court issues a final order setting aside the designation, amended designation, or determination in response to a petition for revocation.

“(d) Definitions—As used in this section—

“(1) the term classified information has the meaning given that term in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.);

“(2) the term national security means the national defense, foreign relations, or economic interests of the United States;

“(3) the term relevant committees means the Committees on the Judiciary of the Senate and of the House of Representatives; and

“(4) the term Secretary means the Secretary of Homeland Security, in consultation with the Attorney General.”

(2)

Clerical amendment— The table of contents for such Act is amended by inserting after the item relating to section 219 the following:

(e)

Mandatory detention of criminal gang members—

(1)

In general— Section 236(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1226(c)(1)), as amended by this division, is further amended—

(A)

in subparagraph (E), by striking “or” at the end;

(B)

in subparagraph (F), by inserting “or” at the end; and

(C)

by inserting after subparagraph (F) the following:

“(G) is inadmissible under section 212(a)(2)(N) or deportable under section 237(a)(2)(H),”

(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).

(f)

Asylum claims based on gang affiliation—

(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)(N)(i) or section 237(a)(2)(H)(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)(N)(i) or section 237(a)(2)(H)(i); or”

(g)

Temporary protected status— Section 244 of such Act (8 U.S.C. 1254a) is amended—

(1)

by striking “Attorney General” each place it appears and inserting “Secretary of Homeland Security”;

(2)

in subparagraph (c)(2)(B)—

(A)

in clause (i), by striking “or” at the end;

(B)

in clause (ii), by striking the period and inserting “; or”; and

(C)

by adding at the end the following:

“(iii) the alien is, or at any time has been, described in section 212(a)(2)(N) or section 237(a)(2)(H).”

(3)

in subsection (d)—

(A)

by striking paragraph (3); and

(B)

in paragraph (4), by adding at the end the following: “The Secretary of Homeland Security may detain an alien provided temporary protected status under this section whenever appropriate under any other provision of law.”.

(h)

Special immigrant juvenile visas— Section 101(a)(27)(J)(iii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)(iii)) is amended—

(1)

in subclause (I), by striking “and”;

(2)

in subclause (II), by adding “and” at the end; and

(3)

by adding at the end the following:

“(III) no alien who is, or at any time has been, described in section 212(a)(2)(N) or section 237(a)(2)(H) shall be eligible for any immigration benefit under this subparagraph;”

(i)

Parole— An alien described in section 212(a)(2)(N) of the Immigration and Nationality Act, as added by subsection (b), shall not be eligible for parole under section 212(d)(5)(A) of such Act unless—

(1)

the alien is assisting or has assisted the United States Government in a law enforcement matter, including a criminal investigation; and

(2)

the alien’s presence in the United States is required by the Government with respect to such assistance.

(j)

Effective date— The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to acts that occur before, on, or after the date of the enactment of this Act.

Sec. 3107 Special immigrant juvenile status for immigrants unable to reunite with either parent

Section 101(a)(27)(J)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)(i)) is amended by striking “1 or both of the immigrant’s parents” and inserting “either of the immigrant’s parents”.

Sec. 3108 Clarification of authority regarding determinations of convictions

Section 101(a)(48) of the Immigration and National Act (8 U.S.C. 1101(a)(48)) is amended by adding at the end the following:

“(C) In making a determination as to whether a conviction is for—

“(i) a crime under section 212(a)(2), or

“(ii) a crime under 237(a)(2),

“(D) Any reversal, vacatur, expungement, or modification to a conviction, sentence, or conviction record that was granted to ameliorate the immigration consequences of the conviction, sentence, or conviction record, or was granted for rehabilitative purposes shall have no effect on the immigration consequences resulting from the original conviction. The alien shall have the burden of proving that the reversal, vacatur, expungement, or modification was not for such purposes. In no case in which a reversal, vacatur, expungement, or modification was granted for a procedural or substantive defect in the criminal proceedings. Whether an alien has been convicted of a crime for which a sentence of one year or longer may be imposed or whether the alien has been convicted for a crime where the maximum penalty possible did not exceed one year shall be determined based on the maximum penalty allowed by the statute of conviction as of the date the offense was committed. Subsequent changes in State or Federal law which increase or decrease the sentence that may be imposed for a given crime shall not be considered.”

Sec. 3109 Adding attempt and conspiracy to commit terrorism-related inadmissibility grounds acts to the definition of engaging in terrorist activity

Section 212(a)(3)(B)(iv) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(iv)) is amended—

(1)

in subclause (VI), by striking the period and inserting “; or”; and

(2)

by adding at the end the following:

“(VII) an attempt or conspiracy to do any of the foregoing.”

Sec. 3110 Clarifying the authority of ICE detainers

(a)

In general— Section 287(d) of the Immigration and Nationality Act (8 U.S.C. 1357(d)) is amended to read as follows:

“(d) Detainer of inadmissible or deportable aliens

“(1) In general—In the case of an individual who is arrested by any Federal, State, or local law enforcement official or other personnel for the alleged violation of any criminal law or any motor vehicle law relating to driving while intoxicated or driving under the influence (including driving while under the influence of or impairment by alcohol or drugs), the Secretary may issue a detainer regarding the individual to any Federal, State, or local law enforcement entity, official, or other personnel if the Secretary has probable cause to believe that the individual is an inadmissible or deportable alien.

“(2) Probable cause—Probable cause is deemed to be established if—

“(A) the individual who is the subject of the detainer matches, pursuant to biometric confirmation or other Federal database records, the identity of an alien who the Secretary has reasonable grounds to believe to be inadmissible or deportable;

“(B) the individual who is the subject of the detainer is the subject of ongoing removal proceedings, including matters where a charging document has already been served;

“(C) the individual who is the subject of the detainer has previously been ordered removed from the United States and such an order is administratively final;

“(D) the individual who is the subject of the detainer has made voluntary statements or provided reliable evidence that indicate that they are an inadmissible or deportable alien; or

“(E) the Secretary otherwise has reasonable grounds to believe that the individual who is the subject of the detainer is an inadmissible or deportable alien.

“(3) Transfer of custody—If the Federal, State, or local law enforcement entity, official, or other personnel to whom a detainer is issued complies with the detainer and detains for purposes of transfer of custody to the Department of Homeland Security the individual who is the subject of the detainer, the Department may take custody of the individual within 48 hours (excluding weekends and holidays), but in no instance more than 96 hours, following the date that the individual is otherwise to be released from the custody of the relevant Federal, State, or local law enforcement entity.”

(b)

Immunity—

(1)

In general— A State or a political subdivision of a State (and the officials and personnel of the State or subdivision acting in their official capacities), and a nongovernmental entity (and its personnel) contracted by the State or political subdivision for the purpose of providing detention, acting in compliance with a Department of Homeland Security detainer issued pursuant to this section who temporarily holds an alien in its custody pursuant to the terms of a detainer so that the alien may be taken into the custody of the Department of Homeland Security, shall be considered to be acting under color of Federal authority for purposes of determining their liability and shall be held harmless for their compliance with the detainer in any suit seeking any punitive, compensatory, or other monetary damages.

(2)

Federal government as defendant— In any civil action arising out of the compliance with a Department of Homeland Security detainer by a State or a political subdivision of a State (and the officials and personnel of the State or subdivision acting in their official capacities), or a nongovernmental entity (and its personnel) contracted by the State or political subdivision for the purpose of providing detention, the United States Government shall be the proper party named as the defendant in the suit in regard to the detention resulting from compliance with the detainer.

(3)

Bad faith exception— Paragraphs (1) and (2) shall not apply to any mistreatment of an individual by a State or a political subdivision of a State (and the officials and personnel of the State or subdivision acting in their official capacities), or a nongovernmental entity (and its personnel) contracted by the State or political subdivision for the purpose of providing detention.

(c)

Private right of action—

(1)

Cause of action— Any individual, or a spouse, parent, or child of that individual (if the individual is deceased), who is the victim of an offense that is murder, rape, or sexual abuse of a minor, for which an alien (as defined in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3))) has been convicted and sentenced to a term of imprisonment of at least 1 year, may bring an action against a State or political subdivision of a State or public official acting in an official capacity in the appropriate Federal court if the State or political subdivision, except as provided in paragraph (3)—

(A)

released the alien from custody prior to the commission of such crime as a consequence of the State or political subdivision’s declining to honor a detainer issued pursuant to section 287(d)(1) of the Immigration and Nationality Act (8 U.S.C. 1357(d)(1));

(B)

has in effect a statute, policy, or practice not in compliance with section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) as amended, and as a consequence of its statute, policy, or practice, released the alien from custody prior to the commission of such crime; or

(C)

has in effect a statute, policy, or practice requiring a subordinate political subdivision to decline to honor any or all detainers issued pursuant to section 287(d)(1) of the Immigration and Nationality Act (8 U.S.C. 1357(d)(1)), and, as a consequence of its statute, policy or practice, the subordinate political subdivision declined to honor a detainer issued pursuant to such section, and as a consequence released the alien from custody prior to the commission of such crime.

(2)

Limitations on bringing action— An action may not be brought under this subsection later than 10 years following the occurrence of the crime, or death of a person as a result of such crime, whichever occurs later.

(3)

Proper defendant— If a political subdivision of a State declines to honor a detainer issued pursuant to section 287(d)(1) of the Immigration and Nationality Act (8 U.S.C. 1357(d)) as a consequence of the State or another political subdivision with jurisdiction over the subdivision prohibiting the subdivision through a statute or other legal requirement of the State or other political subdivision—

(A)

from honoring the detainer; or

(B)

fully complying with section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373),

(4)

Attorney’s fee and other costs— In any action or proceeding under this subsection the court shall allow a prevailing plaintiff a reasonable attorneys fee as part of the costs, and include expert fees as part of the attorneys fee.

Sec. 3111 Department of Homeland Security access to crime information databases

Section 105(b) of the Immigration and Nationality Act (8 U.S.C. 1105(b)) is amended—

(1)

in paragraph (1)—

(A)

by striking “the Service” and inserting “the Department of Homeland Security”; and

(B)

by striking “visa applicant or applicant for admission” and inserting “visa applicant, applicant for admission, applicant for adjustment of status, or applicant for any other benefit under the immigration laws”; and

(2)

by inserting after paragraph (4) the following:

“(5) The Secretary of Homeland Security shall receive, upon request, access to the information described in paragraph (1) by means of extracts of the records for placement in the appropriate database without any fee or charge.”

IV Asylum Reform

Sec. 4101 Credible fear interviews

Section 235(b)(1)(B)(v) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(B)(v)) is amended by striking “claim” and all that follows, and inserting “claim, as determined pursuant to section 208(b)(1)(B)(iii), and such other facts as are known to the officer, that the alien could establish eligibility for asylum under section 208, and it is more probable than not that the statements made by, and on behalf of, the alien in support of the alien’s claim are true.”.

Sec. 4102 Jurisdiction of asylum applications

Section 208(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1158) is amended by striking subparagraph (C).

Sec. 4103 Recording expedited removal and credible fear interviews

(a)

In general— The Secretary of Homeland Security shall establish quality assurance procedures and take steps to effectively ensure that questions by employees of the Department of Homeland Security exercising expedited removal authority under section 235(b) of the Immigration and Nationality Act (8 U.S.C. 1225(b)) are asked in a uniform manner, to the extent possible, and that both these questions and the answers provided in response to them are recorded in a uniform fashion.

(b)

Factors relating to sworn statements— Where practicable, any sworn or signed written statement taken of an alien as part of the record of a proceeding under section 235(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(A)) shall be accompanied by a recording of the interview which served as the basis for that sworn statement.

(c)

Interpreters— The Secretary shall ensure that a competent interpreter, not affiliated with the government of the country from which the alien may claim asylum, is used when the interviewing officer does not speak a language understood by the alien.

(d)

Recordings in immigration proceedings— There shall be an audio or audio visual recording of interviews of aliens subject to expedited removal. The recording shall be included in the record of proceeding and shall be considered as evidence in any further proceedings involving the alien.

(e)

No private right of action— Nothing in this section shall be construed to create any right, benefit, trust, or responsibility, whether substantive or procedural, enforceable in law or equity by a party against the United States, its departments, agencies, instrumentalities, entities, officers, employees, or agents, or any person, nor does this section create any right of review in any administrative, judicial, or other proceeding.

Sec. 4104 Safe third country

Section 208(a)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1158(a)(2)(A)) is amended—

(1)

by striking “Attorney General” each place it appears and inserting “Secretary of Homeland Security”; and

(2)

by striking “removed, pursuant to a bilateral or multilateral agreement, to” and inserting “removed to”.

Sec. 4105 Renunciation of asylum status pursuant to return to home country

(a)

In general— Section 208(c) of the Immigration and Nationality Act (8 U.S.C. 1158(c)) is amended by adding at the end the following new paragraph:

“(4) Renunciation of status pursuant to return to home country

“(A) In general—Except as provided in subparagraph (B), any alien who is granted asylum status under this Act, who, absent changed country conditions, subsequently returns to the country of such alien’s nationality or, in the case of an alien having no nationality, returns to any country in which such alien last habitually resided, and who applied for such status because of persecution or a well-founded fear of persecution in that country on account of race, religion, nationality, membership in a particular social group, or political opinion, shall have his or her status terminated.

“(B) Waiver—The Secretary has discretion to waive subparagraph (A) if it is established to the satisfaction of the Secretary that the alien had a compelling reason for the return. The waiver may be sought prior to departure from the United States or upon return.”

(b)

Conforming amendment— Section 208(c)(3) of the Immigration and Nationality Act (8 U.S.C. 1158(c)(3)) is amended by inserting after “paragraph (2)” the following: “or (4)”.

Sec. 4106 Notice concerning frivolous asylum applications

(a)

In general— Section 208(d)(4) of the Immigration and Nationality Act (8 U.S.C. 1158(d)(4)) is amended—

(1)

in the matter preceding subparagraph (A), by inserting “the Secretary of Homeland Security or” before “the Attorney General”;

(2)

in subparagraph (A), by striking “and of the consequences, under paragraph (6), of knowingly filing a frivolous application for asylum; and” and inserting a semicolon;

(3)

in subparagraph (B), by striking the period and inserting “; and”; and

(4)

by adding at the end the following:

“(C) ensure that a written warning appears on the asylum application advising the alien of the consequences of filing a frivolous application and serving as notice to the alien of the consequence of filing a frivolous application.”

(b)

Conforming amendment— Section 208(d)(6) of the Immigration and Nationality Act (8 U.S.C. 1158(d)(6)) is amended by striking “If the” and all that follows and inserting:

“(A) If the Secretary of Homeland Security or the Attorney General determines that an alien has knowingly made a frivolous application for asylum and the alien has received the notice under paragraph (4)(C), the alien shall be permanently ineligible for any benefits under this chapter, effective as the date of the final determination of such an application;

“(B) An application is frivolous if the Secretary of Homeland Security or the Attorney General determines, consistent with subparagraph (C), that—

“(i) it is so insufficient in substance that it is clear that the applicant knowingly filed the application solely or in part to delay removal from the United States, to seek employment authorization as an applicant for asylum pursuant to regulations issued pursuant to paragraph (2), or to seek issuance of a Notice to Appeal in order to pursue Cancellation of Removal under section 240A(b); or

“(ii) any of the material elements are knowingly fabricated.

“(C) In determining that an application is frivolous, the Secretary or the Attorney General, must be satisfied that the applicant, during the course of the proceedings, has had sufficient opportunity to clarify any discrepancies or implausible aspects of the claim.

“(D) For purposes of this section, a finding that an alien filed a frivolous asylum application shall not preclude the alien from seeking withholding of removal under section 241(b)(3).) or protection pursuant to the Convention Against Torture.”

Sec. 4107 Anti-fraud investigative work product

(a)

Asylum credibility determinations— Section 208(b)(1)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(1)(B)(iii)) is amended by inserting after “all relevant factors” the following: “, including statements made to, and investigative reports prepared by, immigration authorities and other government officials”.

(b)

Relief for removal credibility determinations— Section 240(c)(4)(C) of the Immigration and Nationality Act (8 U.S.C. 1229a(c)(4)(C)) is amended by inserting after “all relevant factors” the following: “, including statements made to, and investigative reports prepared by, immigration authorities and other government officials”.

Sec. 4108 Penalties for asylum fraud

Section 1001 of title 18 is amended by inserting at the end of the paragraph—

“(d) Whoever, in any matter before the Secretary of Homeland Security or the Attorney General pertaining to asylum under section 208 of the Immigration and Nationality Act or withholding of removal under section 241(b)(3) of such Act, knowingly and willfully—

“(1) makes any materially false, fictitious, or fraudulent statement or representation; or

“(2) makes or uses any false writings or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;”

Sec. 4109 Statute of limitations for asylum fraud

Section 3291 of title 18 is amended—

(1)

by striking “1544,” and inserting “1544, and section 1546,”;

(2)

by striking “offense.” and inserting “offense or within 10 years after the fraud is discovered.”.

Sec. 4110 Technical amendments

Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) is amended—

(1)

in subsection (a)—

(A)

in paragraph (2)(D), by inserting “Secretary of Homeland Security or the” before “Attorney General”; and

(B)

in paragraph (3), by inserting “Secretary of Homeland Security or the” before “Attorney General”;

(2)

in subsection (b)(2), by inserting “Secretary of Homeland Security or the” before “Attorney General” each place such term appears;

(3)

in subsection (c)—

(A)

in paragraph (1), by striking “Attorney General” each place such term appears and inserting “Secretary of Homeland Security”;

(B)

in paragraph (2), in the matter preceding subparagraph (A), by inserting “Secretary of Homeland Security or the” before “Attorney General”; and

(C)

in paragraph (3), by inserting “Secretary of Homeland Security or the” before “Attorney General”; and

(4)

in subsection (d)—

(A)

in paragraph (1), by inserting “Secretary of Homeland Security or the” before “Attorney General” each place such term appears;

(B)

in paragraph (2), by striking “Attorney General” and inserting “Secretary of Homeland Security”; and

(C)

in paragraph (5)—

(i)

in subparagraph (A), by striking “Attorney General” and inserting “Secretary of Homeland Security”; and

(ii)

in subparagraph (B), by inserting “Secretary of Homeland Security or the” before “Attorney General”.

V USCIS Waivers

Sec. 5101 Exemption from Administrative Procedure Act

The requirements of subchapter II of chapter 5 of title 5, United States Code, shall not apply to any rule made in order to carry out this division or the amendments made by this division, to the extent the Secretary of Homeland Security determines that compliance with any such requirement would impede the expeditious implementation of such division or the amendments made by such division.

Sec. 5102 Exemption from Paperwork Reduction Act

The requirements of subchapter I of chapter 35 of title 44, United States Code, shall not apply to any action to implement this division or the amendments made by this division to the extent the Secretary of Homeland Security, the Secretary of State, the Attorney General, or the Secretary of Labor determines that compliance with any such requirement would impede the expeditious implementation of such sections or the amendments made by such sections.

Sec. 5103 Sunset

This title shall sunset on the date that is 3 years after the date of enactment of this Act. Such sunset shall not be construed to impose any requirements on, or affect the validity of, any rule issued or other action taken pursuant to such exemptions.

Lineage

Jun 19, 2018viewing Introduced in House Mr. Goodlatte (for himself, Mr. Curbelo of Florida, Mr. McCaul, and Mr. Denham) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, Agriculture, Natural Resources, Transportation and Infrastructure, Ways and Means, Energy and Commerce, Armed Services, Foreign Affairs, the Budget, and Oversight and Government Reform, 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