[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3522 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 3522

To amend the Immigration and Nationality Act to bar the admission, and 
 facilitate the removal, of alien terrorists and their supporters and 
      fundraisers, to secure our borders against terrorists, drug 
  traffickers, and other illegal aliens, to facilitate the removal of 
illegal aliens and aliens who are criminals or human rights abusers, to 
  reduce visa, document, and employment fraud, to temporarily suspend 
  processing of certain visas and immigration benefits, to reform the 
           legal immigration system, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 19, 2003

Mr. Barrett of South Carolina (for himself, Mr. Miller of Florida, and 
  Mr. Goode) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend the Immigration and Nationality Act to bar the admission, and 
 facilitate the removal, of alien terrorists and their supporters and 
      fundraisers, to secure our borders against terrorists, drug 
  traffickers, and other illegal aliens, to facilitate the removal of 
illegal aliens and aliens who are criminals or human rights abusers, to 
  reduce visa, document, and employment fraud, to temporarily suspend 
  processing of certain visas and immigration benefits, to reform the 
           legal immigration system, and for other purposes.

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

SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CONTENTS; SEVERABILITY.

    (a) Short Title.--This Act may be cited as--
            (1) the ``Securing America's Future through Enforcement 
        Reform Act of 2003''; or
            (2) the ``SAFER Act''.
    (b) References to Immigration and Nationality Act.--Except as 
otherwise expressly provided, whenever in this Act an amendment or 
repeal is expressed in terms of an amendment to, or repeal of, a 
section or other provision, the reference shall be considered to be 
made to a section or other provision of the Immigration and Nationality 
Act.
    (c) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; references; table of contents; severability.
Sec. 2. Congressional findings.
                      TITLE I--SECURING THE BORDER

     Subtitle A--Prevention and Punishment of Criminal Smuggling, 
                 Transporting, and Harboring of Aliens

Sec. 101. Increased personnel for investigating alien smuggling.
Sec. 102. Increased criminal sentences and fines for alien smuggling.
Sec. 103. Change to sentencing guidelines.
Sec. 104. Enhanced penalties for persons committing offenses while 
                            armed.
Sec. 105. Discontinuing grant of visas to nationals of countries not 
                            cooperating in combatting alien smuggling.
               Subtitle B--Border Personnel and Strategy

Sec. 111. Increase in full-time border patrol agents.
Sec. 112. Report on number of border patrol agents needed to secure 
                            northern border.
Sec. 113. Use of Army and Air Force to secure the border.
Sec. 114. Use of border property to secure the border.
Sec. 115. Report on border strategy.
              TITLE II--SCREENING ALIENS SEEKING ADMISSION

Sec. 201. Increase in full-time inspectors.
Sec. 202. Visa waiver program.
Sec. 203. Consular officer interviews of all visa applicants.
Sec. 204. Recodification and reform of grounds of inadmissibility.
Sec. 205. Protections for United States specialty workers.
Sec. 206. Antifraud fee.
        TITLE III--TRACKING ALIENS PRESENT IN THE UNITED STATES

Sec. 301. Entry-exit system.
Sec. 302. Collection of information regarding foreign students.
Sec. 303. Alien registration.
Sec. 304. Visa term compliance bonds.
Sec. 305. Release of aliens in removal proceedings.
Sec. 306. Detention of aliens delivered by bondsmen.
   TITLE IV--REMOVING ALIEN TERRORISTS, CRIMINALS, AND HUMAN RIGHTS 
                               VIOLATORS

                 Subtitle A--Removing Alien Terrorists

Sec. 401. Deportability of alien terrorists, national security threats, 
                            and serious foreign crimes.
Sec. 402. Administrative removal of alien terrorists.
Sec. 403. Asylum petitions by members of terrorist organizations.
Sec. 404. Expatriation of terrorists.
                  Subtitle B--Removing Alien Criminals

Sec. 411. Definition of criminal conviction.
Sec. 412. Removing murderers, rapists, sexual abusers of children, and 
                            drunk drivers.
Sec. 413. Detention and release of criminal aliens pending removal 
                            decision.
           Subtitle C--Removing Alien Human Rights Violators

Sec. 421. Serious human rights violator defined.
Sec. 422. Deportability of serious human rights violators.
Sec. 423. Arrest and detention of serious human rights violators 
                            pending removal and criminal prosecution 
                            decisions.
Sec. 424. Exception to restriction on removal for serious human rights 
                            violators and terrorists.
Sec. 425. Initiation of removal proceedings against serious human 
                            rights violators by complaint.
Sec. 426. Bars to refugee status and asylum for serious human rights 
                            violators.
Sec. 427. Bar to adjustment of status for serious human rights 
                            violators.
Sec. 428. Bar to finding of good moral character for serious human 
                            rights violators.
Sec. 429. Bar to cancellation of removal for serious human rights 
                            violators.
Sec. 430. Bar to adjustment of status with respect to certain special 
                            immigrants.
Sec. 431. Criminal penalties for reentry of removed serious human 
                            rights violators.
Sec. 432. Aiding or assisting serious human rights violators to enter 
                            the United States.
Sec. 433. Revision of regulations with respect to the involuntary 
                            return of persons in danger of subjection 
                            to torture.
Sec. 434. Funding for detention and removal assistance provided by 
                            State and local law enforcement agencies.
Sec. 435. Effective date.
 TITLE V--ENHANCING ENFORCEMENT OF THE IMMIGRATION AND NATIONALITY ACT 
                            IN THE INTERIOR

                     Subtitle A--Document Security

Sec. 501. Secure travel documents.
Sec. 502. Social security cards.
Sec. 503. Consular identification documents.
            Subtitle B--Employment Eligibility Verification

Sec. 511. Employment eligibility verification process and elimination 
                            of examination of documentation 
                            requirement.
Sec. 512. Employment eligibility verification system.
Sec. 513. Notification by Commissioner of failure to correct social 
                            security information.
Sec. 514. Protection for individuals reporting immigration law 
                            violations.
                       Subtitle C--Miscellaneous

Sec. 521. Increased investigative personnel.
Sec. 522. Expedited exclusion.
Sec. 523. Adjustment of status for certain aliens.
Sec. 524. Termination of continuous presence for purposes of 
                            cancellation of removal upon commission of 
                            offense rendering alien inadmissible or 
                            deportable.
Sec. 525. Reentry of removed aliens.
Sec. 526. Criminal and civil penalties for entry of aliens at improper 
                            time or place, avoidance of examination or 
                            inspection, unlawful presence, and 
                            misrepresentation or concealment of facts.
Sec. 527. Communication between government agencies and the Department 
                            of Homeland Security.
Sec. 528. Exception to removal for certain aliens.
Sec. 529. Detention facilities.
Sec. 530. Voluntary departure.
Sec. 531. Cancellation of removal.
Sec. 532. Expedited removal of criminal aliens.
Sec. 533. Subject to jurisdiction defined.
Sec. 534. Claims for services performed by unauthorized aliens.
Sec. 535. Restrictions on warrantless entry.
TITLE VI--ELIMINATING EXCESSIVE REVIEW AND DILATORY AND ABUSIVE TACTICS 
                    BY ALIENS IN REMOVAL PROCEEDINGS

Sec. 601. Frivolous applications.
Sec. 602. Continuances; change of venue.
Sec. 603. Burden of proof in asylum proceedings.
Sec. 604. Review of convention against torture grants and denials.
Sec. 605. Time limit for decisions in administrative appeals.
Sec. 606. Review of asylum claims.
Sec. 607. Judicial review.
          TITLE VII--EMERGENCY IMMIGRATION WORKLOAD REDUCTION

Sec. 701. Congressional finding.
Sec. 702. Temporary suspension of visa waiver program.
Sec. 703. Temporary suspension of adjustment of status applications.
Sec. 704. Temporary suspension of renewals of temporary protected 
                            status.
Sec. 705. Curtailment of visas for countries denying or delaying 
                            repatriation of nationals.
Sec. 706. Waiver of suspensions.
Sec. 707. Termination of temporary suspensions.
Sec. 708. Effective date.
                TITLE VIII--REFORMING LEGAL IMMIGRATION

                  Subtitle A--Promotion of Citizenship

Sec. 801. Changes in naturalization requirements.
Sec. 802. Oath of Renunciation and Allegiance.
   Subtitle B--Treatment of Nationals of State Sponsors of Terrorism

Sec. 811. Treatment of nationals of State sponsors of terrorism.
                  Subtitle C--Legal Immigration Reform

Sec. 821. Extended family preference categories.
Sec. 822. Employment third preference category.
Sec. 823. Elimination of diversity immigrant program.
Sec. 824. Refugee admissions.
Sec. 825. Aliens subject to direct numerical limitations.
Sec. 826. Education of family-sponsored immigrants.
Sec. 827. Sponsorship levels.
Sec. 828. Repeal of section 245(i).
                   TITLE IX--MISCELLANEOUS PROVISIONS

Sec. 901. Temporary protected status.
Sec. 902. Good moral character.
Sec. 903. Removal for aliens who make misrepresentations to procure 
                            benefits.
Sec. 904. Designations of foreign terrorist organizations.
Sec. 905. Foreign students.
Sec. 906. Pay grade GS-15 available for trial attorneys.
Sec. 907. Proof of identity of aliens seeking relief.
Sec. 908. Following to join defined.
Sec. 909. Information on foreign crimes.
    (d) Severability.--If any provision of this Act, or the application 
of such a provision to any person or circumstance, is held to be 
unconstitutional, the remainder of this Act, and the application of the 
provisions of this Act to any other person or circumstance, shall not 
be affected by such holding.

SEC. 2. CONGRESSIONAL FINDINGS.

    The Congress finds as follows:
            (1) Alien terrorists are not a distinct national security 
        problem that is somehow separable from the interrelated 
        problems of alien trafficking, alien criminality, and illegal 
        immigration driven by economic factors.
            (2) An effective counter-terrorism effort must assume that 
        terrorists will take advantage of our permeable borders and the 
        ability of illegal aliens to operate in the United States 
        without any systematic effort to locate and remove them.
            (3) The capability to routinely and reliably detect and 
        locate non-citizens present in the United States, and 
        accurately identify their immigration status, is the first 
        essential line of defense against alien terrorist operations on 
        United States territory.
            (4) A comprehensive strategy of interior enforcement that 
        includes an automated work authorization verification system, 
        penalties for employers who knowingly hire illegal aliens, and 
        prompt removal of aliens found working without authorization is 
        the only effective way to identify and control the large 
        illegal alien population in the United States.
            (5) Suppression of illegal immigration through effective 
        alien registration and document security programs is the most 
        practical and effective means to protect the civic freedoms 
        treasured by U.S. citizens during periods of terrorist-related 
        national security threats.

                      TITLE I--SECURING THE BORDER

     Subtitle A--Prevention and Punishment of Criminal Smuggling, 
                 Transporting, and Harboring of Aliens

SEC. 101. INCREASED PERSONNEL FOR INVESTIGATING ALIEN SMUGGLING.

    (a) In General.--The Secretary of Homeland Security, in each of the 
fiscal years 2004 through 2011, shall increase the number of positions 
for full-time, active-duty investigators or other enforcement personnel 
within the Department of Homeland Security who are assigned to combat 
alien smuggling by not less than 50 positions above the number of such 
positions for which funds were allotted for the preceding fiscal year.
    (b) Authorization of Appropriations.--
            (1) In general.--In addition to funds otherwise available 
        for such purpose, there are authorized to be appropriated to 
        the Department of Homeland Security such sums as may be 
        necessary in each of the fiscal years 2004 through 2011 to 
        carry out subsection (a), and to cover the operating expenses 
        of the department in conducting undercover investigations of 
        alien smuggling activities and in prosecuting violations of 
        section 274(a)(1)(A) of the Immigration and Nationality Act (8 
        U.S.C. 1324(a)(1)(A)) (relating to alien smuggling), resulting 
        from the increase in personnel under subsection (a).
            (2) Availability of funds.--Amounts appropriated pursuant 
        to paragraph (1) are authorized to remain available until 
        expended.
    (c) Alien Smuggling Defined.--In this section, the term ``alien 
smuggling'' means any act prohibited by section 274(a) of the 
Immigration and Nationality Act (8 U.S.C. 1324(a)) or section 274A(a) 
of such Act (8 U.S.C. 1324a(a)).

SEC. 102. INCREASED CRIMINAL SENTENCES AND FINES FOR ALIEN SMUGGLING.

    (a) In General.--Subject to subsection (b), pursuant to its 
authority under section 994(p) of title 28, United States Code, the 
United States Sentencing Commission shall promulgate sentencing 
guidelines or amend existing sentencing guidelines for smuggling, 
transporting, harboring, or inducing aliens under sections 274(a)(1)(A) 
of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A)) so as 
to--
            (1) triple the minimum term of imprisonment under that 
        section for offenses involving the smuggling, transporting, 
        harboring, or inducing of--
                    (A) 1 to 5 aliens from 10 months to 30 months;
                    (B) 6 to 24 aliens from 18 months to 54 months;
                    (C) 25 to 100 aliens from 27 months to 81 months; 
                and
                    (D) 101 aliens or more from 37 months to 111 
                months;
            (2) increase the minimum level of fines for each of the 
        offenses described in subparagraphs (A) through (D) of 
        paragraph (1) to the greater of $25,000 per alien or 3 times 
        the amount the defendant received or expected to receive as 
        compensation for the illegal activity;
            (3) increase by at least 2 offense levels above the 
        applicable enhancement in effect on the date of the enactment 
        of this Act the sentencing enhancements for intentionally or 
        recklessly creating a substantial risk of serious bodily injury 
        or causing bodily injury, serious injury, or permanent or life 
        threatening injury;
            (4) for actions causing death, increase the offense level 
        to be equivalent to that for involuntary manslaughter under 
        section 1112 of title 18, United States Code; and
            (5) for corporations or other business entities that 
        knowingly benefit from such offenses, increase the minimum 
        level of fines for each of the offenses described in 
        subparagraphs (A) through (D) of paragraph (1) to $50,000 per 
        alien employed directly, or indirectly through contract, by the 
        corporation or entity.
    (b) Exception.--Subsection (a) shall not apply to an offense that 
involved the smuggling, transporting, or harboring only of the 
defendant's spouse or child (or both the defendant's spouse and child).
    (c) Deadline.--The United States Sentencing Commission shall carry 
out subsection (a) not later than the date that is 6 months after the 
date of the enactment of this Act.

SEC. 103. CHANGE TO SENTENCING GUIDELINES.

    In the exercise of its authority under section 994 of title 28, 
United States Code, the United States Sentencing Commission shall amend 
the Federal sentencing guidelines to provide that plea bargaining and 
other prosecutorial policies, and differences in those policies among 
different districts, are not a ground for imposing a sentence outside 
the applicable guidelines range for a violation of immigration law.

SEC. 104. ENHANCED PENALTIES FOR PERSONS COMMITTING OFFENSES WHILE 
              ARMED.

    (a) In General.--Section 924(c)(1) of title 18, United States Code, 
is amended--
            (1) in subparagraph (A)--
                    (A) by inserting after ``device)'' the following: 
                ``or any violation of section 274(a)(1)(A) of the 
                Immigration and Nationality Act''; and
                    (B) by striking ``or drug trafficking crime--'' and 
                inserting ``, drug trafficking crime, or violation of 
                section 274(a)(1)(A) of the Immigration and Nationality 
                Act--''; and
            (2) in subparagraph (D)(ii), by striking ``or drug 
        trafficking crime'' and inserting ``, drug trafficking crime, 
        or violation of section 274(a)(1)(A) of the Immigration and 
        Nationality Act''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act, and shall apply 
to offenses committed after such date.

SEC. 105. DISCONTINUING GRANT OF VISAS TO NATIONALS OF COUNTRIES NOT 
              COOPERATING IN COMBATTING ALIEN SMUGGLING.

    If the Secretary of Homeland Security determines that the 
government of a foreign country has not cooperated fully with the 
United States, or has not taken adequate steps on its own, to combat 
the smuggling of aliens into the United States from territory 
controlled by the state, the Secretary shall order consular officers in 
the country to discontinue granting immigrant or nonimmigrant visas, or 
both, to citizens, subjects, nationals, and residents of the country 
until the Secretary determines that the country has begun to cooperate 
fully, or has taken adequate steps, to combat such smuggling.

               Subtitle B--Border Personnel and Strategy

SEC. 111. INCREASE IN FULL-TIME BORDER PATROL AGENTS.

    The Secretary of Homeland Security, in each of fiscal years 2004 
through 2011, shall increase by not less than 1,000 the number of 
positions for full-time active-duty border patrol agents within the 
Department of Homeland Security above the number of positions for which 
funds were allotted for the preceding fiscal year.

SEC. 112. REPORT ON NUMBER OF BORDER PATROL AGENTS NEEDED TO SECURE 
              NORTHERN BORDER.

    (a) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Comptroller General of the United States shall submit 
a report to the Committees on the Judiciary of the House of 
Representatives and the Senate on the number of border patrol agents 
needed to secure the northern border of the United States.
    (b) Cooperation.--The Attorney General, the Secretary of State, the 
Secretary of Defense, and the Secretary of Homeland Security shall 
cooperate with the Comptroller General of the United States in carrying 
out this section.

SEC. 113. USE OF ARMY AND AIR FORCE TO SECURE THE BORDER.

    Section 1385 of title 18, United States Code, is amended by 
inserting after ``execute the laws'' the following: ``other than at or 
near a border of the United States in order to prevent aliens, 
terrorists, and drug smugglers from entering the United States''.

SEC. 114. USE OF BORDER PROPERTY TO SECURE THE BORDER.

    Section 102(c) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended by striking 
``this section.'' and inserting ``this section and to secure the 
borders of the United States against aliens, terrorists, and drug 
smugglers.''.

SEC. 115. REPORT ON BORDER STRATEGY.

    (a) Evaluation of Strategy.--The Comptroller General of the United 
States shall track, monitor, and evaluate the Secretary of Homeland 
Security's strategy to deter illegal entry in the United States to 
determine the efficacy of such strategy.
    (b) Cooperation.--The Attorney General, the Secretary of State, the 
Secretary of Defense, and the Secretary of Homeland Security shall 
cooperate with the Comptroller General of the United States in carrying 
out subsection (a).
    (c) Report.--Not later than one year after the date of the 
enactment of this Act, and every year thereafter for the succeeding 5 
years, the Comptroller General of the United States shall submit a 
report to the Committees on the Judiciary of the House of 
Representatives and of the Senate on the results of the activities 
undertaken under subsection (a) during the previous year. Each such 
report shall include an analysis of the degree to which the Secretary 
of Homeland Security's strategy has been effective in reducing illegal 
entry. Each such report shall include a collection and systematic 
analysis of data, including workload indicators, related to activities 
to deter illegal entry and recommendations to improve and increase 
border security at the border and ports of entry.

              TITLE II--SCREENING ALIENS SEEKING ADMISSION

SEC. 201. INCREASE IN FULL-TIME INSPECTORS.

    (a) In General.--The Secretary of Homeland Security, in each of 
fiscal years 2004 through 2011, shall increase by not less than 250 the 
number of positions for full-time inspectors within the Department of 
Homeland Security above the number of positions for which funds were 
allotted for the preceding fiscal year.
    (b) Repeal.--Section 101(a)(1) of the Enhanced Border Security and 
Visa Entry Reform Act of 2002 (Public Law 107-173) is repealed.

SEC. 202. VISA WAIVER PROGRAM.

    (a) Passport Requirements.--Section 217(a)(3) (8 U.S.C. 1187(a)(3)) 
is amended to read as follows:
            ``(3) Machine-readable, tamper-resistant passport with 
        biometric identifiers.--On and after October 1, 2005, the alien 
        at the time of application for admission is in possession of a 
        valid unexpired machine-readable passport that--
                    ``(A) satisfies the internationally accepted 
                standard for machine readability;
                    ``(B) is tamper-resistant; and
                    ``(C) incorporates biometric and document 
                authentification identifiers that comply with 
                applicable biometric and document identifying standards 
                established by the International Civil Aviation 
                Organization.''.
    (b) Repeal.--Section 303(c) of the Enhanced Border Security and 
Visa Entry Reform Act of 2002 (Public Law 107-173) is repealed.
    (c) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2005.

SEC. 203. CONSULAR OFFICER INTERVIEWS OF ALL VISA APPLICANTS.

    (a) In General.--Section 221 (8 U.S.C. 1201) is amended by adding 
at the end the following:
    ``(j) Prior to the issuance of an immigrant or nonimmigrant visa to 
any alien, the consular officer shall require such alien to submit to 
an in-person interview in accordance with such regulations as may be 
prescribed.''.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out the amendment made by subsection (a) such 
sums as may be necessary for fiscal years 2004 through 2011.
    (c) Effective Date.--The amendment made by subsection (a) shall 
apply to visas issued after October 1, 2003.

SEC. 204. RECODIFICATION AND REFORM OF GROUNDS OF INADMISSIBILITY.

    (a) Transfer and Redesignation.--Section 212 (8 U.S.C. 1182) is 
amended--
            (1) by transferring subsection (e) to the end of section 
        222 (8 U.S.C. 1202) and redesignating it as subsection (h);
            (2) by transferring subsections (j), (m), (n), and (q) to 
        the end of section 214 (8 U.S.C. 1202) and redesignating them 
        as subsections (s), (t), (u), and (v), respectively; and
            (3) by amending the remainder of such section to read as 
        follows:

``general classes of aliens ineligible to receive visas and ineligible 
               for admission; waivers of inadmissibility

    ``Sec. 212. (a) Classes of Aliens Ineligible for Visas or 
Admission.--Except as otherwise provided in this Act, aliens who are 
inadmissible under the following paragraphs are ineligible to receive 
visas and ineligible to be admitted to the United States:
            ``(1) Health-related grounds.--
                    ``(A) In general.--Any alien--
                            ``(i) who is determined (in accordance with 
                        regulations prescribed by the Secretary of 
                        Health and Human Services) to have a 
                        communicable disease of public health 
                        significance, which shall include infection 
                        with the etiologic agent for acquired immune 
                        deficiency syndrome;
                            ``(ii) except as provided in subparagraph 
                        (C), who seeks admission as an immigrant, or 
                        who seeks adjustment of status to the status of 
                        an alien lawfully admitted for permanent 
                        residence, and who has failed to present 
                        documentation of having received vaccination 
                        against vaccine-preventable diseases, which 
                        shall include at least the following diseases: 
                        mumps, measles, rubella, polio, tetanus and 
                        diphtheria toxoids, pertussis, influenza type B 
                        and hepatitis B, and any other vaccinations 
                        against vaccine-preventable diseases 
                        recommended by the Advisory Committee for 
                        Immunization Practices;
                            ``(iii) who is determined (in accordance 
                        with regulations prescribed by the Secretary of 
                        Health and Human Services in consultation with 
                        the Secretary of Homeland Security)--
                                    ``(I) to have a physical or mental 
                                disorder and behavior associated with 
                                the disorder that may pose, or has 
                                posed, a threat to the property, 
                                safety, or welfare of the alien or 
                                others; or
                                    ``(II) to have had a physical or 
                                mental disorder and a history of 
                                behavior associated with the disorder, 
                                which behavior has posed a threat to 
                                the property, safety, or welfare of the 
                                alien or others and which behavior is 
                                likely to recur or to lead to other 
                                harmful behavior; or
                            ``(iv) who is determined (in accordance 
                        with regulations prescribed by the Secretary of 
                        Health and Human Services) to be a drug abuser 
                        or addict,
                is inadmissible.
                    ``(B) Waiver authorized.--For provision authorizing 
                waiver of certain clauses of subparagraph (A), see 
                subsection (e).
                    ``(C) Exception from immunization requirement for 
                adopted children 10 years of age or younger.--Clause 
                (ii) of subparagraph (A) shall not apply to a child 
                who--
                            ``(i) is 10 years of age or younger;
                            ``(ii) is described in section 
                        101(b)(1)(F); and
                            ``(iii) is seeking an immigrant visa as an 
                        immediate relative under section 201(b),
                if, prior to the admission of the child, an adoptive 
                parent or prospective adoptive parent of the child, who 
                has sponsored the child for admission as an immediate 
                relative, has executed an affidavit stating that the 
                parent is aware of the provisions of subparagraph 
                (A)(ii) and will ensure that, within 30 days of the 
                child's admission, or at the earliest time that is 
                medically appropriate, the child will receive the 
                vaccinations identified in such subparagraph.
            ``(2) Criminal and related grounds.--
                    ``(A) Conviction of certain crimes.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), any alien convicted of, or who 
                        admits having committed, or who admits 
                        committing acts which constitute the essential 
                        elements of--
                                    ``(I) a crime involving moral 
                                turpitude (other than a purely 
                                political offense) or an attempt or 
                                conspiracy to commit such a crime; or
                                    ``(II) 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 a controlled substance (as 
                                defined in section 102 of the 
                                Controlled Substances Act (21 U.S.C. 
                                802)),
                        is inadmissible.
                            ``(ii) Exception.--Clause (i)(I) shall not 
                        apply to an alien who committed only one crime 
                        if--
                                    ``(I) the crime was committed when 
                                the alien was under 18 years of age, 
                                and the crime was committed (and the 
                                alien released from any confinement to 
                                a prison or correctional institution 
                                imposed for the crime) more than 5 
                                years before the date of application 
                                for a visa or other documentation and 
                                the date of application for admission 
                                to the United States; or
                                    ``(II) the maximum penalty possible 
                                for the crime of which the alien was 
                                convicted (or which the alien admits 
                                having committed or of which the acts 
                                that the alien admits having committed 
                                constituted the essential elements) did 
                                not exceed imprisonment for one year 
                                and, if the alien was convicted of such 
                                crime, the alien was not sentenced to a 
                                term of imprisonment in excess of 6 
                                months (regardless of the extent to 
which the sentence was ultimately executed).
                    ``(B) Multiple criminal convictions.--Any alien 
                convicted of 2 or more offenses (other than purely 
                political offenses), regardless of whether the 
                conviction was in a single trial or whether the 
                offenses arose from a single scheme of misconduct and 
                regardless of whether the offenses involved moral 
                turpitude, for which the aggregate sentences to 
                confinement were 5 years or more is inadmissible.
                    ``(C) Controlled substance traffickers.--Any alien 
                who the consular officer or the Secretary of Homeland 
                Security knows or has reason to believe--
                            ``(i) is or has been an illicit trafficker 
                        in any controlled substance or in any listed 
                        chemical (as defined in section 102 of the 
                        Controlled Substances Act (21 U.S.C. 802)), or 
                        is or has been a knowing aider, abettor, 
                        assistant, conspirator, or colluder with others 
                        in the illicit trafficking in any such 
                        controlled or listed substance or chemical, or 
                        endeavored to do so; or
                            ``(ii) is the spouse, son, or daughter of 
                        an alien inadmissible under clause (i), has, 
                        within the previous 5 years, obtained any 
                        financial or other benefit from the illicit 
                        activity of that alien, and knew or reasonably 
                        should have known that the financial or other 
                        benefit was the product of such illicit 
                        activity,
                is inadmissible.
                    ``(D) Prostitution and commercialized vice.--Any 
                alien who--
                            ``(i) is coming to the United States 
                        solely, principally, or incidentally to engage 
                        in prostitution, or has engaged in prostitution 
                        within 10 years of the date of application for 
                        a visa, admission, or adjustment of status;
                            ``(ii) directly or indirectly procures or 
                        attempts to procure, or (within 10 years of the 
                        date of application for a visa, entry, or 
                        adjustment of status) procured or attempted to 
                        procure or to import, prostitutes or persons 
                        for the purpose of prostitution, or receives or 
                        (within such 10-year period) received, in whole 
                        or in part, the proceeds of prostitution; or
                            ``(iii) is coming to the United States to 
                        engage in any other unlawful commercialized 
                        vice, whether or not related to prostitution,
                is inadmissible.
                    ``(E) Certain aliens involved in serious criminal 
                activity who have asserted immunity from prosecution.--
                Any alien--
                            ``(i) who has committed in the United 
                        States at any time a serious criminal offense 
                        (as defined in section 101(h));
                            ``(ii) for whom immunity from criminal 
                        jurisdiction was exercised with respect to that 
                        offense;
                            ``(iii) who as a consequence of the offense 
                        and exercise of immunity has departed from the 
                        United States; and
                            ``(iv) who has not subsequently submitted 
                        fully to the jurisdiction of the court in the 
                        United States having jurisdiction with respect 
                        to that offense,
                is inadmissible.
                    ``(F) Waiver authorized.--For provision authorizing 
                waiver of certain subparagraphs of this paragraph, see 
                subsection (f).
                    ``(G) Serious human rights abusers.--Any serious 
                human rights violator is inadmissible as defined in 
                section 101(a) (8 U.S.C. 1101(a)) as amended.
                    ``(H) Significant traffickers in persons.--
                            ``(i) In general.--Any alien who is listed 
                        in a report submitted pursuant to section 
                        111(b) of the Trafficking Victims Protection 
                        Act of 2000, or who the consular officer or the 
                        Secretary of Homeland Security knows or has 
                        reason to believe is or has been a knowing 
                        aider, abettor, assistant, conspirator, or 
                        colluder with such a trafficker in severe forms 
                        of trafficking in persons, as defined in 
                        section 103 of such Act, is inadmissible.
                            ``(ii) Beneficiaries of trafficking.--
                        Except as provided in clause (iii), any alien 
                        who the consular officer or the Secretary of 
                        Homeland Security knows or has reason to 
                        believe is the spouse, son, or daughter of an 
                        alien inadmissible under clause (i), has, 
                        within the previous 5 years, obtained any 
                        financial or other benefit from the illicit 
                        activity of that alien, and knew or reasonably 
                        should have known that the financial or other 
                        benefit was the product of such illicit 
                        activity, is inadmissible.
                            ``(iii) Exception for certain sons and 
                        daughters.--Clause (ii) shall not apply to a 
                        son or daughter who was a child at the time he 
                        or she received the benefit described in such 
                        clause.
                    ``(I) Money laundering.--Any alien--
                            ``(i) who a consular officer, the Attorney 
                        General, or the Secretary of Homeland Security 
                        knows, or has reason to believe, has engaged, 
                        is engaging, or seeks to enter the United 
                        States to engage, in an offense which is 
                        described in section 1956 or 1957 of title 18, 
                        United States Code (relating to laundering of 
                        monetary instruments); or
                            ``(ii) who a consular officer, the Attorney 
                        General, or the Secretary of Homeland Security 
                        knows is, or has been, a knowing aider, 
                        abettor, assistant, conspirator, or colluder 
                        with others in an offense which is described in 
                        such section,
                is inadmissible.
                    ``(J) Aggravated felony.--
                            ``(i) In general.--Any alien convicted of 
                        an aggravated felony is inadmissible.
                            ``(ii) Waiver authorized.--Clause (i) shall 
                        not apply in the case of an alien with respect 
                        to a criminal conviction if the alien 
                        subsequent to the criminal conviction has been 
                        granted a full and unconditional pardon by the 
                        President of the United States or by the 
                        Governor of any State.
                    ``(K) Certain firearm offenses.--Any alien who is 
                convicted under any law of purchasing, selling, 
                offering for sale, exchanging, using, owning, 
                possessing, or carrying, or of attempting or conspiring 
                to purchase, sell, offer for sale, exchange, use, own, 
                possess, or carry, any weapon, part, or accessory which 
                is a firearm or destructive device (as defined in 
                section 921(a) of title 18, United States Code) in 
                violation of any law is inadmissible.
            ``(3) Security and related grounds.--
                    ``(A) In general.--Any alien who a consular 
                officer, the Attorney General, or the Secretary of 
                Homeland Security knows, or has reasonable ground to 
                believe, seeks to enter the United States to engage 
                solely, principally, or incidentally in--
                            ``(i) any activity--
                                    ``(I) to violate any law of the 
                                United States relating to espionage or 
                                sabotage; or
                                    ``(II) to violate or evade any law 
                                prohibiting the export from the United 
                                States of goods, technology, or 
                                sensitive information;
                            ``(ii) any other unlawful activity, 
                        including participation in a criminal 
                        enterprise, conspiracy, or scheme; or
                            ``(iii) any activity a purpose of which is 
                        the opposition to, or the control or overthrow 
                        of, the Government of the United States by 
                        force, violence, or other unlawful means,
                is inadmissible.
                    ``(B) Terrorist activities.--
                            ``(i) In general.--Any alien who--
                                    ``(I) has engaged in a terrorist 
                                activity;
                                    ``(II) a consular officer, the 
                                Attorney General, or the Secretary of 
                                Homeland Security knows, or has 
                                reasonable ground to believe, is 
                                engaged in or is likely to engage after 
                                entry in any terrorist activity (as 
                                defined in clause (iv));
                                    ``(III) has, under circumstances 
                                indicating an intention to cause death 
                                or serious bodily harm, incited 
                                terrorist activity;
                                    ``(IV) is a representative (as 
                                defined in clause (v)) of--
                                            ``(aa) a terrorist 
                                        organization; or
                                            ``(bb) a political, social, 
                                        or other group that endorses or 
                                        espouses terrorist activity;
                                    ``(V) is a member of a terrorist 
                                organization;
                                    ``(VI) endorses or espouses 
                                terrorist activity or persuades others 
                                to endorse or espouse terrorist 
                                activity or support a terrorist 
                                organization;
                                    ``(VII) had information about an 
                                activity that the alien knew, or should 
                                have known, was a terrorist activity 
                                (before or after such activity occurred 
                                or while it was ongoing), knew, or 
                                should have known, that such 
                                information was not public information, 
                                and failed to report such information 
                                to a governmental authority; or
                                    ``(VIII) is the spouse or child of 
                                an alien who is inadmissible under this 
                                subparagraph, if the activity causing 
                                the alien to be found inadmissible 
                                occurred within the last 5 years,
                        is inadmissible. An alien who is an officer, 
                        official, representative, or spokesman of the 
                        Palestine Liberation Organization is 
                        considered, for purposes of this Act, to be 
                        engaged in a terrorist activity.
                            ``(ii) Exception.--Subclause (VII) of 
                        clause (i) does not apply to a spouse or 
                        child--
                                    ``(I) who did not know or should 
                                not reasonably have known of the 
                                activity causing the alien to be found 
                                inadmissible under this subparagraph; 
                                or
                                    ``(II) whom the consular officer, 
                                the Attorney General, or the Secretary 
                                of Homeland Security has reasonable 
                                grounds to believe has renounced the 
                                activity causing the alien to be found 
                                inadmissible under this subparagraph.
                            ``(iii) Terrorist activity defined.--As 
                        used in this subparagraph, the term `terrorist 
                        activity' means any activity which is unlawful 
                        under the laws of the place where it is 
                        committed (or which, if it had been or were to 
                        be committed in the United States, would be 
                        unlawful under the laws of the United States or 
                        any State) and which involves any of the 
                        following:
                                    ``(I) The hijacking or sabotage of 
                                any conveyance (including an aircraft, 
                                vessel, or vehicle).
                                    ``(II) The seizing or detaining, 
                                and threatening to kill, injure, or 
                                continue to detain, another individual 
                                in order to compel a third person 
                                (including a governmental organization) 
                                to do or abstain from doing any act as 
                                an explicit or implicit condition for 
                                the release of the individual seized or 
                                detained.
                                    ``(III) A violent attack upon an 
                                internationally protected person (as 
                                defined in section 1116(b)(4) of title 
                                18, United States Code) or upon the 
                                liberty of such a person.
                                    ``(IV) An assassination.
                                    ``(V) The use of any--
                                            ``(aa) biological agent, 
                                        chemical agent, or nuclear 
                                        weapon or device; or
                                            ``(bb) explosive, firearm, 
                                        or other weapon or dangerous 
                                        device (other than for mere 
                                        personal monetary gain),
                                with intent to endanger, directly or 
                                indirectly, the safety of one or more 
                                individuals or to cause substantial 
                                damage to property.
                                    ``(VI) A threat, attempt, or 
                                conspiracy to do any of the foregoing.
                            ``(iv) Engage in terrorist activity 
                        defined.--As used in this subparagraph, the 
                        term `engage in terrorist activity' means, in 
                        an individual capacity or as a member of an 
                        organization--
                                    ``(I) to commit or to incite to 
                                commit, under circumstances indicating 
                                an intention to cause death or serious 
                                bodily injury, a terrorist activity;
                                    ``(II) to prepare or plan a 
                                terrorist activity;
                                    ``(III) to gather information on 
                                potential targets for terrorist 
                                activity;
                                    ``(IV) to solicit funds or other 
                                things of value for--
                                            ``(aa) a terrorist 
                                        activity;
                                            ``(bb) a terrorist 
                                        organization described in 
                                        clause (vi)(I) or (vi)(II); or
                                            ``(cc) a terrorist 
                                        organization described in 
                                        clause (vi)(III), unless the 
                                        solicitor can demonstrate by 
clear and convincing evidence that he did not know, and should not 
reasonably have known, that the organization was a terrorist 
organization;
                                    ``(V) to solicit any individual--
                                            ``(aa) to engage in conduct 
                                        otherwise described in this 
                                        clause;
                                            ``(bb) for membership in a 
                                        terrorist organization 
                                        described in clause (vi)(I) or 
                                        (vi)(II); or
                                            ``(cc) for membership in a 
                                        terrorist organization 
                                        described in clause (vi)(III), 
                                        unless the solicitor can 
                                        demonstrate by clear and 
                                        convincing evidence that he did 
                                        not know, and should not 
                                        reasonably have known, that the 
                                        organization was a terrorist 
                                        organization; or
                                    ``(VI) to commit an act that the 
                                actor knows, or reasonably should know, 
                                affords material support, including a 
                                safe house, transportation, 
                                communications, funds, transfer of 
                                funds or other material financial 
                                benefit, false documentation or 
                                identification, weapons (including 
                                chemical, biological, or radiological 
                                weapons), explosives, or training--
                                            ``(aa) for the commission 
                                        of a terrorist activity;
                                            ``(bb) to any individual 
                                        who the actor knows, or 
                                        reasonably should know, has 
                                        committed or plans to commit a 
                                        terrorist activity; or
                                            ``(cc) to a terrorist 
                                        organization described in 
                                        subclauses (I) through (III) of 
                                        clause (vi).
                            ``(v) Representative defined.--As used in 
                        this subparagraph, the term `representative' 
                        includes an officer, official, or spokesman of 
                        an organization, and any person who directs, 
                        counsels, commands, or induces an organization 
                        or its members to engage in terrorist activity.
                            ``(vi) Terrorist organization defined.--As 
                        used in this section, the term `terrorist 
                        organization' means an organization--
                                    ``(I) designated under section 219;
                                    ``(II) otherwise designated, upon 
                                publication in the Federal Register, by 
                                the Secretary of State in consultation 
                                with or upon the request of the 
                                Attorney General or the Secretary of 
                                Homeland Security, as a terrorist 
                                organization, after finding that the 
                                organization engages in the activities 
                                described in subclauses (I) through 
                                (VI) of clause (iv), or that the 
                                organization provides material support 
                                to further terrorist activity; or
                                    ``(III) that is a group of two or 
                                more individuals, whether organized or 
                                not, which engages in, or has a 
                                subgroup which engages in, the 
                                activities described in subclauses (I) 
                                through (VI) of clause (iv).
                    ``(C) Foreign policy.--An alien whose entry or 
                proposed activities in the United States the Secretary 
                of State has reasonable ground to believe would have 
                potentially serious adverse foreign policy consequences 
                for the United States is inadmissible.
                    ``(D) Immigrant membership in totalitarian party.--
                            ``(i) In general.--Any immigrant who is or 
                        has been a member of or affiliated with the 
                        Communist or any other totalitarian party (or 
                        subdivision or affiliate thereof), domestic or 
                        foreign, is inadmissible.
                            ``(ii) Exception for involuntary 
                        membership.--Clause (i) shall not apply to an 
                        alien because of membership or affiliation if 
                        the alien establishes to the satisfaction of 
                        the consular officer when applying for a visa 
                        (or to the satisfaction of the Secretary of 
                        Homeland Security when applying for admission) 
                        that the membership or affiliation is or was 
                        involuntary, or is or was solely when under 16 
                        years of age, by operation of law, or for 
                        purposes of obtaining employment, food rations, 
                        or other essentials of living and necessary for 
                        such purposes.
                            ``(iii) Exception for past membership.--
                        Clause (i) shall not apply to an alien because 
                        of membership or affiliation if the alien 
                        establishes to the satisfaction of the consular 
                        officer when applying for a visa (or to the 
                        satisfaction of the Secretary of Homeland 
                        Security when applying for admission) that--
                                    ``(I) the membership or affiliation 
                                terminated at least--
                                            ``(aa) 2 years before the 
                                        date of such application; or
                                            ``(bb) 5 years before the 
                                        date of such application, in 
                                        the case of an alien whose 
                                        membership or affiliation was 
                                        with the party controlling the 
                                        government of a foreign state 
                                        that is a totalitarian 
                                        dictatorship as of such date; 
                                        and
                                    ``(II) the alien is not a threat to 
                                the security of the United States.
                    ``(E) Participants in nazi persecutions.--Any alien 
                who, during the period beginning on March 23, 1933, and 
                ending on May 8, 1945, under the direction of, or in 
                association with--
                            ``(i) the Nazi government of Germany;
                            ``(ii) any government in any area occupied 
                        by the military forces of the Nazi government 
                        of Germany;
                            ``(iii) any government established with the 
                        assistance or cooperation of the Nazi 
                        government of Germany; or
                            ``(iv) any government which was an ally of 
                        the Nazi government of Germany,
                ordered, incited, assisted, or otherwise participated 
                in the persecution of any person because of race, 
                religion, national origin, or political opinion, is 
                inadmissible.
                    ``(F) Association with terrorist organizations.--
                Any alien who the Secretary of Homeland Security or the 
                Attorney General determines has been associated with a 
                terrorist organization and intends while in the United 
                States to engage solely, principally, or incidentally 
                in activities that could endanger the welfare, safety, 
                or security of the United States is inadmissible.
                    ``(G) National security consequences.--An alien 
                whose entry or proposed activities in the United States 
                the Attorney General or the Secretary of Homeland 
                Security has reasonable grounds to believe would have 
                potentially serious adverse consequences for the 
                national security of the United States is inadmissible.
                    ``(H) Serious foreign crimes.--An alien whom the 
                Secretary of Homeland Security or the Attorney General 
                has reason to believe is charged with or has committed 
                a serious criminal offense (other than a purely 
                political offense) in a country other than the United 
                States is inadmissible.
            ``(4) Public charge.--
                    ``(A) In general.--Any alien who, in the opinion of 
                the consular officer or the Secretary of Homeland 
                Security at the time of application for a visa, or in 
                the opinion of the Secretary of Homeland Security at 
                the time of application for admission or adjustment of 
                status, is likely at any time to become a public charge 
                is inadmissible.
                    ``(B) Factors to be taken into account.--
                            ``(i) In general.--In determining whether 
                        an alien is inadmissible under this paragraph, 
                        the consular officer or the Secretary of 
                        Homeland Security shall at a minimum consider 
                        the alien's--
                                    ``(I) age;
                                    ``(II) health;
                                    ``(III) family status;
                                    ``(IV) assets, resources, and 
                                financial status; and
                                    ``(V) education and skills.
                            ``(ii) Affidavit of support.--In addition 
                        to the factors under clause (i), the consular 
                        officer or the Secretary of Homeland Security 
                        may also consider any affidavit of support 
                        under section 213A for purposes of exclusion 
                        under this paragraph.
                    ``(C) Family-sponsored immigrants.--Any alien who 
                seeks admission or adjustment of status under a visa 
                number issued under section 201(b)(2) or 203(a) is 
                inadmissible under this paragraph unless--
                            ``(i) the alien has obtained--
                                    ``(I) status as a spouse or a child 
                                of a United States citizen pursuant to 
                                clause (ii), (iii), or (iv) of section 
                                204(a)(1)(A); or
                                    ``(II) classification pursuant to 
                                clause (ii) or (iii) of section 
                                204(a)(1)(B); or
                            ``(ii) the person petitioning for the 
                        alien's admission (including any additional 
                        sponsor required under section 213A(f)) has 
                        executed an affidavit of support described in 
                        section 213A with respect to such alien.
                    ``(D) Certain employment-based immigrants.--Any 
                alien who seeks admission or adjustment of status under 
                a visa number issued under section 203(b) by virtue of 
                a classification petition filed by a relative of the 
                alien (or by an entity in which such relative has a 
                significant ownership interest) is inadmissible under 
                this paragraph unless such relative has executed an 
                affidavit of support described in section 213A with 
                respect to such alien.
            ``(5) Labor certification and qualifications for certain 
        immigrants.--
                    ``(A) Labor certification.--
                            ``(i) In general.--Any alien who seeks to 
                        enter the United States for the purpose of 
                        performing skilled or unskilled labor is 
                        inadmissible, unless the Secretary of Labor has 
                        determined and certified to the Secretary of 
                        State and the Secretary of Homeland Security 
                        that--
                                    ``(I) there are not sufficient 
                                workers who are able, willing, 
                                qualified (or equally qualified in the 
                                case of an alien described in clause 
                                (ii)) and available at the time of 
                                application for a visa and admission to 
                                the United States and at the place 
                                where the alien is to perform such 
                                skilled or unskilled labor; and
                                    ``(II) the employment of such alien 
                                will not adversely affect the wages and 
                                working conditions of workers in the 
                                United States similarly employed, nor 
                                displace a United States citizen 
                                currently employed by the entity 
                                requesting labor certification.
                            ``(ii) Certain aliens subject to special 
                        rule.--For purposes of clause (i)(I), an alien 
                        described in this clause is an alien who--
                                    ``(I) is a member of the teaching 
                                profession; or
                                    ``(II) has exceptional ability in 
                                the sciences or the arts.
                            ``(iii) Professional athletes.--
                                    ``(I) In general.--A certification 
                                made under clause (i) with respect to a 
                                professional athlete shall remain valid 
                                with respect to the athlete after the 
                                athlete changes employer, if the new 
                                employer is a team in the same sport as 
                                the team which employed the athlete 
                                when the athlete first applied for the 
                                certification.
                                    ``(II) Definition.--For purposes of 
                                subclause (I), the term `professional 
                                athlete' means an individual who is 
                                employed as an athlete by--
                                            ``(aa) a team that is a 
                                        member of an association of 6 
                                        or more professional sports 
                                        teams whose total combined 
                                        revenues exceed $10,000,000 per 
                                        year, if the association 
                                        governs the conduct of its 
                                        members and regulates the 
                                        contests and exhibitions in 
                                        which its member teams 
                                        regularly engage; or
                                            ``(bb) any minor league 
                                        team that is affiliated with 
                                        such an association.
                    ``(B) Unqualified physicians.--An alien who is a 
                graduate of a medical school not accredited by a body 
                or bodies approved for the purpose by the Secretary of 
                Education (regardless of whether such school of 
                medicine is in the United States) and who is coming to 
                the United States principally to perform services as a 
                member of the medical profession is inadmissible, 
                unless the alien (i) has passed parts I and II of the 
                National Board of Medical Examiners Examination (or an 
                equivalent examination as determined by the Secretary 
                of Health and Human Services) and (ii) is competent in 
oral and written English. For purposes of the previous sentence, an 
alien who is a graduate of a medical school shall be considered to have 
passed parts I and II of the National Board of Medical Examiners if the 
alien was fully and permanently licensed to practice medicine in a 
State on January 9, 1978, and was practicing medicine in a State on 
that date.
                    ``(C) Uncertified foreign health-care workers.--
                Subject to subsection (j), any alien who seeks to enter 
                the United States for the purpose of performing labor 
                as a health-care worker, other than a physician, is 
                inadmissible unless the alien presents to the consular 
                officer, or, in the case of an adjustment of status, 
                the Secretary of Homeland Security, a certificate from 
                the Commission on Graduates of Foreign Nursing Schools, 
                or a certificate from an equivalent independent 
                credentialing organization approved by the Secretary of 
                Homeland Security in consultation with the Secretary of 
                Health and Human Services, verifying that--
                            ``(i) the alien's education, training, 
                        license, and experience--
                                    ``(I) meet all applicable statutory 
                                and regulatory requirements for entry 
                                into the United States under the 
                                classification specified in the 
                                application;
                                    ``(II) are comparable with that 
                                required for an American health-care 
                                worker of the same type; and
                                    ``(III) are authentic and, in the 
                                case of a license, unencumbered;
                            ``(ii) the alien has the level of 
                        competence in oral and written English 
                        considered by the Secretary of Health and Human 
                        Services, in consultation with the Secretary of 
                        Education, to be appropriate for health care 
                        work of the kind in which the alien will be 
                        engaged, as shown by an appropriate score on 
                        one or more nationally recognized, commercially 
                        available, standardized assessments of the 
                        applicant's ability to speak and write; and
                            ``(iii) if a majority of States licensing 
                        the profession in which the alien intends to 
                        work recognize a test predicting the success on 
                        the profession's licensing or certification 
                        examination, the alien has passed such a test 
                        or has passed such an examination.
                For purposes of clause (ii), determination of the 
                standardized tests required and of the minimum scores 
                that are appropriate are within the sole discretion of 
                the Secretary of Health and Human Services and are not 
                subject to further administrative or judicial review.
                    ``(D) Application of grounds.--The grounds for 
                inadmissibility of aliens under subparagraphs (A) and 
                (B) shall apply to immigrants seeking admission or 
                adjustment of status under paragraph (2) or (3) of 
                section 203(b).
            ``(6) Illegal entrants and immigration violators.--
                    ``(A) Aliens present without admission or parole.--
                            ``(i) In general.--An alien present in the 
                        United States without being admitted or 
                        paroled, or who arrives in the United States at 
                        any time or place other than as designated by 
                        the Secretary of Homeland Security is 
                        inadmissible.
                            ``(ii) Exception for certain battered women 
                        and children.--Clause (i) shall not apply to an 
                        alien who demonstrates that--
                                    ``(I) the alien qualifies for 
                                immigrant status under subparagraph 
                                (A)(iii), (A)(iv), (B)(ii), or (B)(iii) 
                                of section 204(a)(1);
                                    ``(II)(aa) the alien has been 
                                battered or subjected to extreme 
                                cruelty by a spouse or parent, or by a 
                                member of the spouse's or parent's 
                                family residing in the same household 
                                as the alien and the spouse or parent 
                                consented or acquiesced in such battery 
                                or cruelty, or
                                    ``(bb) the alien's child has been 
                                battered or subjected to extreme 
                                cruelty by a spouse or parent of the 
                                alien (without the active participation 
                                of the alien in the battery or cruelty) 
                                or by a member of the spouse's or 
                                parent's family residing in the same 
                                household as the alien when the spouse 
                                or parent consented to or acquiesced in 
                                such battery or cruelty and the alien 
                                did not actively participate in such 
                                battery or cruelty; and
                                    ``(III) there was a substantial 
                                connection between the battery or 
                                cruelty described in subclause (I) or 
                                (II) and the alien's unlawful entry 
                                into the United States.
                    ``(B) Failure to attend removal proceeding.--Any 
                alien who without reasonable cause fails or refuses to 
                attend or remain in attendance at a proceeding to 
                determine the alien's inadmissibility or deportability 
                and who seeks admission to the United States within 5 
                years of such alien's subsequent departure or removal 
                is inadmissible.
                    ``(C) Misrepresentation.--
                            ``(i) In general.--Any alien who, by fraud 
                        or willfully misrepresenting a material fact, 
                        seeks to procure (or has sought to procure or 
                        has procured) a visa, other documentation, or 
                        admission into the United States or other 
                        benefit provided under this Act for himself, 
                        herself, or any other alien, is inadmissible.
                            ``(ii) Falsely claiming citizenship.--
                                    ``(I) In general.--Any alien who 
                                falsely represents, or has falsely 
                                represented, himself or herself to be a 
                                citizen of the United States for any 
                                purpose or benefit under this Act 
                                (including section 274A) or any other 
                                Federal or State law is inadmissible.
                                    ``(II) Exception.--In the case of 
                                an alien making a representation 
                                described in subclause (I), if each 
                                natural parent of the alien (or, in the 
                                case of an adopted alien, each adoptive 
                                parent of the alien) is or was a 
                                citizen (whether by birth or 
                                naturalization), the alien permanently 
                                resided in the United States prior to 
                                attaining the age of 16, and the alien 
                                reasonably believed at the time of 
                                making such representation that he or 
                                she was a citizen, the alien shall not 
                                be considered to be inadmissible under 
                                any provision of this subsection based 
                                on such representation.
                    ``(D) Stowaways.--Any alien who is a stowaway is 
                inadmissible.
                    ``(E) Smugglers.--
                            ``(i) In general.--Any alien who at any 
                        time knowingly has encouraged, induced, 
                        assisted, abetted, or aided any other alien to 
                        enter or to try to enter the United States in 
                        violation of law is inadmissible.
                            ``(ii) Special rule in the case of family 
                        reunification.--Clause (i) shall not apply in 
                        the case of an alien who is an eligible 
                        immigrant (as defined in section 301(b)(1) of 
                        the Immigration Act of 1990), was physically 
                        present in the United States on May 5, 1988, 
                        and is seeking admission as an immediate 
                        relative or under section 203(a)(2) (including 
                        under section 112 of the Immigration Act of 
                        1990) or benefits under section 301(a) of the 
                        Immigration Act of 1990 if the alien, before 
                        May 5, 1988, has encouraged, induced, assisted, 
                        abetted, or aided only the alien's spouse, 
                        parent, son, or daughter (and no other 
                        individual) to enter the United States in 
                        violation of law.
                            ``(iii) Waiver authorized.--For provision 
                        authorizing waiver of clause (i), see 
                        subsection (c)(6).
                    ``(F) Subject of civil penalty.--An alien who is 
                the subject of a final order for violation of section 
                274C is inadmissible.
                    ``(G) Student visa abusers.--An alien who obtains 
                the status of a nonimmigrant under section 
                101(a)(15)(F)(i) and who violates a term or condition 
                of such status under section 214(l) is inadmissible 
                until the alien has been outside the United States for 
                a continuous period of 5 years after the date of the 
                violation.
                    ``(H) Change of address.--An alien who has failed 
                to comply with section 262 is inadmissible, unless the 
                alien establishes to the satisfaction of the Secretary 
                of Homeland Security that such failure was reasonably 
                excusable or was not willful.
            ``(7) Documentation requirements.--
                    ``(A) Immigrants.--
                            ``(i) In general.--Except as otherwise 
                        specifically provided in this Act, any 
                        immigrant at the time of application for 
                        admission--
                                    ``(I) who is not in possession of a 
                                valid unexpired immigrant visa, reentry 
                                permit, border crossing identification 
                                card, or other valid entry document 
                                required by this Act, and a valid 
                                unexpired passport, or other suitable 
                                travel document, or document of 
                                identity and nationality if such 
                                document is required under the 
                                regulations issued by the Secretary of 
                                Homeland Security under section 211(a); 
                                or
                                    ``(II) whose visa has been issued 
                                without compliance with the provisions 
                                of section 203,
                        is inadmissible.
                            ``(ii) Waiver authorized.--For provision 
                        authorizing waiver of clause (i), see 
                        subsection (g).
                    ``(B) Nonimmigrants.--
                            ``(i) In general.--Any nonimmigrant who--
                                    ``(I) is not in possession of a 
                                passport valid for a minimum of six 
                                months from the date of the expiration 
                                of the initial period of the alien's 
                                admission or contemplated initial 
                                period of stay authorizing the alien to 
                                return to the country from which the 
                                alien came or to proceed to and enter 
                                some other country during such period; 
                                or
                                    ``(II) is not in possession of a 
                                valid nonimmigrant visa or border 
                                crossing identification card at the 
                                time of application for admission,
                        is inadmissible.
                            ``(ii) General waiver authorized.--For 
                        provision authorizing waiver of clause (i), see 
                        subsection (c)(2).
            ``(8) Ineligible for citizenship.--
                    ``(A) In general.--Any immigrant who is permanently 
                ineligible to citizenship is inadmissible.
                    ``(B) Draft evaders.--Any person who has departed 
                from or who has remained outside the United States to 
                avoid or evade training or service in the armed forces 
                in time of war or a period declared by the President to 
                be a national emergency is inadmissible, except that 
                this subparagraph shall not apply to an alien who at 
                the time of such departure was a nonimmigrant and who 
                is seeking to reenter the United States as a 
                nonimmigrant.
            ``(9) Aliens previously removed.--
                    ``(A) Certain aliens previously removed.--
                            ``(i) Arriving aliens.--Any alien who has 
                        been ordered removed under section 235(b)(1) or 
                        at the end of proceedings under section 240 
                        initiated upon the alien's arrival in the 
                        United States and who again seeks admission 
                        within 5 years of the date of such removal (or 
                        within 20 years in the case of a second or 
                        subsequent removal or at any time in the case 
                        of an alien convicted of an aggravated felony) 
                        is inadmissible.
                            ``(ii) Other aliens.--Any alien not 
                        described in clause (i) who--
                                    ``(I) has been ordered removed 
                                under section 240 or any other 
                                provision of law; or
                                    ``(II) departed the United States 
                                while an order of removal was 
                                outstanding,
                        and who seeks admission within 10 years of the 
                        date of such alien's departure or removal (or 
                        within 20 years of such date in the case of a 
                        second or subsequent removal or at any time in 
                        the case of an alien convicted of an aggravated 
                        felony) is inadmissible.
                    ``(B) Aliens unlawfully present.--
                            ``(i) In general.--Any alien (other than an 
                        alien lawfully admitted for permanent 
                        residence) who--
                                    ``(I) was unlawfully present in the 
                                United States for a period of more than 
                                180 days but less than 1 year, 
                                voluntarily departed the United States 
                                (whether or not pursuant to section 
                                244(e)) prior to the commencement of 
                                proceedings under section 235(b)(1) or 
                                section 240, and again seeks admission 
                                within 3 years of the date of such 
                                alien's departure or removal; or
                                    ``(II) has been unlawfully present 
                                in the United States for one year or 
                                more, and who again seeks admission 
                                within 10 years of the date of such 
                                alien's departure or removal from the 
                                United States,
                        is inadmissible.
                            ``(ii) Construction of unlawful presence.--
                        For purposes of this paragraph, an alien is 
                        deemed to be unlawfully present in the United 
                        States if the alien is present in the United 
                        States after the expiration of the period of 
                        stay authorized by the Secretary of Homeland 
                        Security or is present in the United States 
                        without being admitted or paroled.
                            ``(iii) Exceptions.--
                                    ``(I) Minors.--No period of time in 
                                which an alien is under 18 years of age 
                                shall be taken into account in 
                                determining the period of unlawful 
                                presence in the United States under 
                                clause (i).
                                    ``(II) Asylees.--No period of time 
                                in which an alien has a bona fide 
                                application for asylum pending under 
                                section 208 shall be taken into account 
                                in determining the period of unlawful 
                                presence in the United States under 
                                clause (i) unless the alien during such 
                                period was employed without 
                                authorization in the United States.
                                    ``(III) Family unity.--No period of 
                                time in which the alien is a 
                                beneficiary of family unity protection 
                                pursuant to section 301 of the 
                                Immigration Act of 1990 shall be taken 
                                into account in determining the period 
                                of unlawful presence in the United 
                                States under clause (i).
                                    ``(IV) Battered women and 
                                children.--Clause (i) shall not apply 
                                to an alien who would be described in 
                                paragraph (6)(A)(ii) if `violation of 
                                the terms of the alien's nonimmigrant 
                                visa' were substituted for `unlawful 
                                entry into the United States' in 
                                subclause (III) of that paragraph.
                            ``(iv) Tolling for good cause.--In the case 
                        of an alien who--
                                    ``(I) has been lawfully admitted or 
                                paroled into the United States;
                                    ``(II) has filed a nonfrivolous 
                                application for a change or extension 
                                of status before the date of expiration 
                                of the period of stay authorized by the 
                                Secretary of Homeland Security; and
                                    ``(III) has not been employed 
                                without authorization in the United 
                                States before or during the pendency of 
                                such application,
                        the calculation of the period of time specified 
                        in clause (i)(I) shall be tolled during the 
                        pendency of such application, but not to exceed 
                        120 days.
                    ``(C) Aliens unlawfully present after previous 
                immigration violations.--
                            ``(i) In general.--Any alien who--
                                    ``(I) has been unlawfully present 
                                in the United States for an aggregate 
                                period of more than 1 year; or
                                    ``(II) has been ordered removed 
                                under section 235(b)(1), section 240, 
                                or any other provision of law,
                        and who enters or attempts to reenter the 
                        United States without being admitted is 
                        inadmissible.
                            ``(ii) Exception.--Clause (i) shall not 
                        apply to an alien seeking admission more than 
                        10 years after the date of the alien's last 
                        departure from the United States if, prior to 
                        the alien's reembarkation at a place outside 
                        the United States or attempt to be readmitted 
                        from a foreign contiguous territory, the 
                        Secretary of Homeland Security has consented to 
                        the alien's reapplying for admission. The 
                        Secretary of Homeland Security in the 
                        Secretary's discretion may waive the provisions 
                        of section 212(a)(9)(C)(i) in the case of an 
                        alien to whom the Secretary has granted 
                        classification under clause (iii), (iv), or (v) 
                        of section 204(a)(1)(A), or classification 
                        under clause (ii), (iii), or (iv) of section 
                        204(a)(1)(B), in any case in which there is a 
                        direct connection between--
                                    ``(I) the alien's having been 
                                battered or subjected to extreme 
                                cruelty; and
                                    ``(II) the alien's--
                                            ``(aa) removal;
                                            ``(bb) departure from the 
                                        United States;
                                            ``(cc) reentry or reentries 
                                        into the United States; or
                                            ``(dd) attempted reentry 
                                        into the United States.
            ``(10) Miscellaneous.--
                    ``(A) Practicing polygamists.--Any immigrant who is 
                coming to the United States to practice polygamy is 
                inadmissible.
                    ``(B) Guardian required to accompany helpless 
                alien.--Any alien--
                            ``(i) who is accompanying another alien who 
                        is inadmissible and who is certified to be 
                        helpless from sickness, mental or physical 
                        disability, or infancy pursuant to section 
                        232(c); and
                            ``(ii) whose protection or guardianship is 
                        determined to be required by the alien 
                        described in clause (i),
                is inadmissible.
                    ``(C) International child abduction.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), any alien who, after entry of an 
                        order by a court in the United States granting 
                        custody to a person of a United States citizen 
                        child who detains or retains the child, or 
                        withholds custody of the child, outside the 
                        United States from the person granted custody 
                        by that order, is inadmissible until the child 
                        is surrendered to the person granted custody by 
                        that order.
                            ``(ii) Aliens supporting abductors and 
                        relatives of abductors.--Any alien who--
                                    ``(I) is known by the Secretary of 
                                State to have intentionally assisted an 
                                alien in the conduct described in 
                                clause (i);
                                    ``(II) is known by the Secretary of 
                                State to be intentionally providing 
                                material support or safe haven to an 
                                alien described in clause (i); or
                                    ``(III) is a spouse (other than the 
                                spouse who is the parent of the 
                                abducted child), child (other than 
the abducted child), parent, sibling, or agent of an alien described in 
clause (i), if such person has been designated by the Secretary of 
State at the Secretary's sole and unreviewable discretion, is 
inadmissible until the child described in clause (i) is surrendered to 
the person granted custody by the order described in that clause, and 
such person and child are permitted to return to the United States or 
such person's place of residence.
                            ``(iii) Exceptions.--Clauses (i) and (ii) 
                        shall not apply--
                                    ``(I) to a government official of 
                                the United States who is acting within 
                                the scope of his or her official 
                                duties;
                                    ``(II) to a government official of 
                                any foreign government if the official 
                                has been designated by the Secretary of 
                                State at the Secretary's sole and 
                                unreviewable discretion; or
                                    ``(III) so long as the child is 
                                located in a foreign state that is a 
                                party to the Convention on the Civil 
                                Aspects of International Child 
                                Abduction, done at The Hague on October 
                                25, 1980.
                    ``(D) Unlawful voters.--
                            ``(i) In general.--Any alien who has voted 
                        in violation of any Federal, State, or local 
                        constitutional provision, statute, ordinance, 
                        or regulation is inadmissible.
                            ``(ii) Exception.--In the case of an alien 
                        who voted in a Federal, State, or local 
                        election (including an initiative, recall, or 
                        referendum) in violation of a lawful 
                        restriction of voting to citizens, if each 
                        natural parent of the alien (or, in the case of 
                        an adopted alien, each adoptive parent of the 
                        alien) is or was a citizen (whether by birth or 
                        naturalization), the alien permanently resided 
                        in the United States prior to attaining the age 
                        of 16, and the alien reasonably believed at the 
                        time of such violation that he or she was a 
                        citizen, the alien shall not be considered to 
                        be inadmissible under any provision of this 
                        subsection based on such violation.
                    ``(E) Former citizens who renounced citizenship.--
                Any alien who is a former citizen of the United States 
                who officially renounced United States citizenship is 
                inadmissible.
    ``(b) Notices of Denials.--
            ``(1) In general.-- Subject to paragraphs (2) and (3), if 
        an alien's application for a visa, for admission to the United 
        States, or for adjustment of status is denied by an immigration 
        or consular officer because the officer determines the alien to 
        be inadmissible under subsection (a), the officer shall provide 
        the alien with a timely written notice that--
                    ``(A) states the determination; and
                    ``(B) lists the specific provision or provisions of 
                law under which the alien is excludable or ineligible 
                for entry or adjustment of status.
            ``(2) Waiver.--The Secretary of State or the Secretary of 
        Homeland Security may waive the requirements of paragraph (1) 
        with respect to a particular alien or any class or classes of 
        inadmissible aliens.
            ``(3) Inapplicability.--Paragraph (1) does not apply to any 
        alien inadmissible under paragraph (2) or (3) of subsection 
        (a).
    ``(c) Special Rules.--
            ``(1) `S' nonimmigrants.--The Secretary of Homeland 
        Security shall determine whether a ground for inadmissibility 
        exists with respect to a nonimmigrant described in section 
        101(a)(15)(S). The Secretary, in the Secretary's discretion, 
        may waive the application of subsection (a) (other than 
        paragraph (3)(E)) in the case of a nonimmigrant described in 
        section 101(a)(15)(S), if the Attorney General considers it to 
        be in the national interest to do so. Nothing in this section 
        shall be regarded as prohibiting the Secretary from instituting 
        removal proceedings against an alien admitted as a nonimmigrant 
        under section 101(a)(15)(S) for conduct committed after the 
        alien's admission into the United States, or for conduct or a 
        condition that was not disclosed to the Secretary prior to the 
        alien's admission as a nonimmigrant under section 
        101(a)(15)(S).
            ``(2) Documentary requirements for nonimmigrants.--Either 
        or both of the requirements of subsection (a)(7)(B)(i) may be 
        waived by the Secretary of Homeland Security and the Secretary 
        of State acting jointly--
                    ``(A) on the basis of unforeseen emergency in 
                individual cases; or
                    ``(B) in the case of aliens proceeding in immediate 
                and continuous transit through the United States under 
                contracts authorized in section 238(c).
            ``(3) Parole.--
                    ``(A) In general.--The Secretary of Homeland 
                Security may, except as provided in subparagraph (B) or 
                in section 214(f), in the discretion of the Secretary, 
                parole into the United States a Cuban or Iraqi national 
                or, in the case of nationals of other countries, 
                temporarily under such conditions as the Secretary may 
                prescribe only on a case-by-case basis for urgent 
                humanitarian reasons or significant law enforcement 
                reasons any alien applying for admission to the United 
                States, but such parole shall not be regarded as an 
                admission of the alien and when the purposes of such 
                parole shall, in the opinion of the Secretary, have 
                been served the alien shall forthwith return or be 
                returned to the custody from which the alien was 
                paroled and thereafter the case shall continue to be 
                dealt with in the same manner as that of any other 
                applicant for admission to the United States. Parole on 
                a temporary basis cannot exceed 120 days, unless for a 
                significant law enforcement reason. The Secretary may 
                not parole into the United States an alien for urgent 
                humanitarian reasons if the alien is inadmissible under 
                paragraph (2), (3), or (9) of subsection (a).
                    ``(B) Refugees.--The Secretary of Homeland Security 
                may not parole into the United States an alien who is a 
                refugee unless the Secretary determines that compelling 
                reasons in the public interest with respect to that 
                particular alien require that the alien be paroled into 
                the United States rather than be admitted as a refugee 
                under section 207.
            ``(4) Aliens entering from guam, puerto rico, or the virgin 
        islands.--The provisions of subsection (a) (other than 
        paragraph (7)) shall be applicable to any alien who shall leave 
        Guam, Puerto Rico, or the Virgin Islands of the United States, 
        and who seeks to enter the continental United States or any 
        other place under the jurisdiction of the United States. Any 
        alien described in this paragraph, who is denied admission to 
        the United States, shall be immediately removed in the manner 
provided by section 241(c) of this Act.
            ``(5) Foreign government officials.--Upon a basis of 
        reciprocity accredited officials of foreign governments, their 
        immediate families, attendants, servants, and personal 
        employees may be admitted in immediate and continuous transit 
        through the United States without regard to the provisions of 
        this section except paragraphs (3)(A), (3)(B), (3)(C), and 
        (7)(B) of subsection (a) of this section.
            ``(6) Smugglers.--The Secretary may, in the discretion of 
        the Secretary for urgent humanitarian reasons, waive 
        application of subsection (a)(6)(E)(i) in the case of any alien 
        lawfully admitted for permanent residence who temporarily 
        proceeded abroad voluntarily and not under an order of removal, 
        and who is otherwise admissible to the United States as a 
        returning resident under section 211(b) if the alien has 
        encouraged, induced, assisted, abetted, or aided only an 
        individual who at the time of such action was the alien's 
        spouse, parent, son, or daughter (and no other individual) to 
        enter the United States in violation of law.
            ``(7) `T' nonimmigrants.--
                    ``(A) Determination.--The Secretary of Homeland 
                Security shall determine whether a ground for 
                inadmissibility exists with respect to a nonimmigrant 
                described in section 101(a)(15)(T).
                    ``(B) Waiver.--In addition to any other waiver that 
                may be available under this section, in the case of a 
                nonimmigrant described in section 101(a)(15)(T), if the 
                Secretary of Homeland Security considers it to be in 
                the national interest to do so, the Secretary, in the 
                Secretary's discretion, may waive the application of--
                            ``(i) paragraphs (1) and (4) of subsection 
                        (a); and
                            ``(ii) any other provision of such 
                        subsection (excluding paragraphs (2), (3), (8), 
                        (9)(A), (10)(C), (10)(D), and (10)(E)) if the 
                        activities rendering the alien inadmissible 
                        under the provision were caused by the 
                        victimization described in section 
                        101(a)(15)(T)(i)(I).
            ``(8) `U' nonimmigrants.--
                    ``(A) Determination.--The Secretary of Homeland 
                Security shall determine whether a ground for 
                inadmissibility exists with respect to a nonimmigrant 
                described in section 101(a)(15)(U).
                    ``(B) Waiver.--In addition to any other waiver that 
                may be available under this section, in the case of a 
                nonimmigrant described in section 101(a)(15)(U), if the 
                Secretary of Homeland Security considers it to be in 
                the national interest to do so, the Secretary, in the 
                Secretary's discretion, may waive the application of--
                            ``(i) paragraphs (1) and (4) of subsection 
                        (a); and
                            ``(ii) any other provision of such 
                        subsection (excluding paragraphs (2), (3), (8), 
                        (9)(A), (10)(C), (10)(D), and (10)(E)) if the 
                        activities rendering the alien inadmissible 
                        under the provision were caused by the criminal 
                        activity described in section 
                        101(a)(15)(U)(iii).
    ``(d) Suspension of Entry.--Whenever the President finds that the 
entry of any aliens or of any class of aliens into the United States 
would be detrimental to the interests of the United States, the 
President may by proclamation, and for such period as the President 
shall deem necessary, suspend the entry of all aliens or any class of 
aliens as immigrants or nonimmigrants, or impose on the entry of aliens 
any restrictions the President may deem to be appropriate. Whenever the 
Secretary of Homeland Security finds that a commercial airline has 
failed to comply with regulations of the Secretary relating to 
requirements of airlines for the detection of fraudulent documents used 
by passengers traveling to the United States (including the training of 
personnel in such detection), the Secretary may suspend the entry of 
some or all aliens transported to the United States by such airline.
    ``(e) Waivers of Health-Related Grounds.--
            ``(1) In general.--The Secretary of Homeland Security may 
        waive the application of--
                    ``(A) subsection (a)(1)(A)(i) in the case of any 
                alien who--
                            ``(i) is the spouse or the unmarried son or 
                        daughter, or the minor unmarried lawfully 
                        adopted child, of a United States citizen, or 
                        of an alien lawfully admitted for permanent 
                        residence, or of an alien who has been issued 
                        an immigrant visa;
                            ``(ii) has a son or daughter who is a 
                        United States citizen, or an alien lawfully 
                        admitted for permanent residence, or an alien 
                        who has been issued an immigrant visa; or
                            ``(iii) qualifies for classification under 
                        clause (iii) or (iv) of section 204(a)(1)(A) or 
                        classification under clause (ii) or (iii) of 
                        section 204(a)(1)(B);
                in accordance with such terms, conditions, and 
                controls, if any, including the giving of bond, as the 
                Secretary of Homeland Security, in the discretion of 
                such Secretary after consultation with the Secretary of 
                Health and Human Services, may by regulation prescribe;
                    ``(B) subsection (a)(1)(A)(ii) in the case of any 
                alien--
                            ``(i) who receives vaccination against the 
                        vaccine-preventable disease or diseases for 
                        which the alien has failed to present 
                        documentation of previous vaccination;
                            ``(ii) for whom a civil surgeon, medical 
                        officer, or panel physician (as those terms are 
                        defined by section 34.2 of title 42, Code of 
                        Federal Regulations) certifies, according to 
                        such regulations as the Secretary of Health and 
                        Human Services may prescribe, that such 
                        vaccination would not be medically appropriate; 
                        or
                            ``(iii) under such circumstances as the 
                        Secretary of Homeland Security provides by 
                        regulation, with respect to whom the 
                        requirement of such a vaccination would be 
                        contrary to the alien's religious beliefs or 
                        moral convictions; or
                    ``(C) subsection (a)(1)(A)(iii) in the case of any 
                alien, in accordance with such terms, conditions, and 
                controls, if any, including the giving of bond, as the 
                Secretary of Homeland Security, in the discretion of 
                such Secretary after consultation with the Secretary of 
                Health and Human Services, may by regulation prescribe.
            ``(2) Certificate of insurance.--A waiver shall not be 
        granted under this subsection unless the applicant has 
        presented to the Secretary of Homeland Security a valid 
        certificate of insurance covering all medical and hospital 
        expenses that might be incurred during the period such alien 
        has been admitted to the United States.
    ``(f) Waivers of Criminal and Related Grounds.--The Secretary of 
Homeland Security may, in the discretion of the Secretary, waive the 
application of subparagraphs (A)(i)(I), (B), (D), and (E) of subsection 
(a)(2) and subparagraph (A)(i)(II) of such subsection insofar as it 
relates to a single offense of simple possession of 30 grams or less of 
marijuana if--
            ``(1)(A) in the case of any immigrant, it is established to 
        the satisfaction of the Secretary of Homeland Security that--
                    ``(i) the alien is inadmissible only under 
                subparagraph (D)(i) or (D)(ii) of such subsection or 
                the activities for which the alien is inadmissible 
                occurred more than 15 years before the date of the 
                alien's application for a visa, admission, or 
                adjustment of status;
                    ``(ii) the admission to the United States of such 
                alien would not be contrary to the national welfare, 
                safety, or security of the United States; and
                    ``(iii) the alien has been rehabilitated; or
            ``(B) in the case of an immigrant who is the spouse, 
        parent, son, or daughter of a citizen of the United States or 
        an alien lawfully admitted for permanent residence, if it is 
        established to the satisfaction of the Secretary that the 
        alien's denial of admission would result in exceptional and 
        extremely unusual hardship to the United States citizen or 
        lawfully resident spouse, parent, son, or daughter of such 
        alien; and
            ``(2) the Secretary, in the discretion of the Secretary, 
        and pursuant to such terms, conditions, and procedures as the 
        Secretary may by regulations prescribe, has consented to the 
        alien's applying or reapplying for a visa, for admission to the 
        United States, or adjustment of status.
No waiver shall be provided under this subsection in the case of an 
alien who has been convicted of (or who has admitted committing acts 
that constitute) murder or criminal acts involving torture, or an 
attempt or conspiracy to commit murder or a criminal act involving 
torture. No waiver shall be granted under this subsection in the case 
of an alien who has previously been admitted to the United States as an 
alien lawfully admitted for permanent residence if either since the 
date of such admission the alien has been convicted of an aggravated 
felony or the alien has not lawfully resided continuously in the United 
States for a period of not less than 7 years immediately preceding the 
date of initiation of proceedings to remove the alien from the United 
States. No waiver shall be granted under this subsection in the case of 
any alien who is present in the United States after the expiration of 
the period of stay authorized by the Secretary of Homeland Security or 
is present in the United States without being admitted or paroled if 
either the alien has been convicted of an aggravated felony committed 
in the United States or the alien has not resided continuously in the 
United States for a period of not less than 7 years immediately 
preceding the date of initiation of proceedings to remove the alien 
from the United States. No court shall have jurisdiction to review a 
decision of the Secretary of Homeland Security to grant or deny a 
waiver under this subsection.
    ``(g) Aliens Having Immigrant Visas.--Any alien, inadmissible to 
the United States under paragraph (5)(A) or (7)(A)(i) of subsection 
(a), who is in possession of an immigrant visa may, if otherwise 
admissible, be admitted in the discretion of the Secretary of Homeland 
if the Secretary is satisfied that inadmissibility was not known to, 
and could not have been ascertained by the exercise of reasonable 
diligence by, the immigrant before the time of departure of the vessel 
or aircraft from the last port outside the United States and outside 
foreign contiguous territory or, in the case of an immigrant coming 
from foreign contiguous territory, before the time of the immigrant's 
application for admission.
    ``(h) Waiver of Documentation Requirements for Nonimmigrants.--
            ``(1) In general.--The requirement of subsection 
        (a)(7)(B)(i) may be waived by the Secretary of Homeland 
        Security, the Secretary of State, and the Secretary of the 
        Interior, acting jointly, in the case of an alien applying for 
        admission as a nonimmigrant visitor for business or pleasure 
        and solely for entry into and stay on Guam for a period not to 
        exceed fifteen days, if the Secretary of Homeland Security, the 
        Secretary of State and the Secretary of the Interior, after 
        consultation with the Governor of Guam, jointly determine 
        that--
                    ``(A) an adequate arrival and departure control 
                system has been developed on Guam; and
                    ``(B) such a waiver does not represent a threat to 
                the welfare, safety, or security of the United States 
                or its territories and commonwealths.
            ``(2) Limitation.--An alien may not be provided a waiver 
        under this subsection unless the alien has waived any right--
                    ``(A) to review or appeal under this Act of an 
                immigration officer's determination as to the 
                admissibility of the alien at the port of entry into 
                Guam; or
                    ``(B) to contest, other than on the basis of an 
                application for asylum, any action for removal of the 
                alien.
    ``(i) Conditions on Receipt of Immigrant Visas Following 
Departure.--An alien who has been physically present in the United 
States shall not be eligible to receive an immigrant visa within ninety 
days following departure therefrom unless--
            ``(1) the alien was maintaining a lawful nonimmigrant 
        status at the time of such departure; or
            ``(2) the alien is the spouse or unmarried child of an 
        individual who obtained temporary or permanent resident status 
        under section 210 or 245A of the Immigration and Nationality 
        Act or section 202 of the Immigration Reform and Control Act of 
        1986 at any date, who--
                    ``(A) as of May 5, 1988, was the unmarried child or 
                spouse of the individual who obtained temporary or 
                permanent resident status under section 210 or 245A of 
                the Immigration and Nationality Act or section 202 of 
                the Immigration Reform and Control Act of 1986;
                    ``(B) entered the United States before May 5, 1988, 
                resided in the United States on May 5, 1988, and is not 
                a lawful permanent resident; and
                    ``(C) applied for benefits under section 301(a) of 
                the Immigration Act of 1990.
    ``(j) Uncertified Foreign Health-Care Workers.--Subsection 
(a)(5)(C) shall not apply to an alien who seeks to enter the United 
States for the purpose of performing labor as a nurse who presents to 
the consular officer (or in the case of an adjustment of status, the 
Secretary of Homeland Security) a certified statement from the 
Commission on Graduates of Foreign Nursing Schools (or an equivalent 
independent credentialing organization approved for the certification 
of nurses under subsection (a)(5)(C) by the Secretary of Homeland 
Security in consultation with the Secretary of Health and Human 
Services) that--
            ``(1) the alien has a valid and unrestricted license as a 
        nurse in a State where the alien intends to be employed and 
        such State verifies that the foreign licenses of alien nurses 
        are authentic and unencumbered;
            ``(2) the alien has passed the National Council Licensure 
        Examination (NCLEX);
            ``(3) the alien is a graduate of a nursing program--
                    ``(A) in which the language of instruction was 
                English;
                    ``(B) located in a country--
                            ``(i) designated by such commission not 
                        later than 30 days after the date of the 
                        enactment of the Nursing Relief for 
                        Disadvantaged Areas Act of 1999, based on such 
                        commission's assessment that the quality of 
                        nursing education in that country, and the 
                        English language proficiency of those who 
                        complete such programs in that country, justify 
                        the country's designation; or
                            ``(ii) designated on the basis of such an 
                        assessment by unanimous agreement of such 
                        commission and any equivalent credentialing 
                        organizations which have been approved under 
                        subsection (a)(5)(C) for the certification of 
                        nurses under this subsection; and
                    ``(C)(i) which was in operation on or before the 
                date of the enactment of the Nursing Relief for 
                Disadvantaged Areas Act of 1999; or
                    ``(ii) has been approved by unanimous agreement of 
                such commission and any equivalent credentialing 
                organizations which have been approved under subsection 
                (a)(5)(C) for the certification of nurses under this 
                subsection.
    ``(k) Public Charge Ground for Family-Sponsored Immigrants.--In 
determining whether an alien described in subsection (a)(4)(C)(i) is 
inadmissible under subsection (a)(4) or ineligible to receive an 
immigrant visa or otherwise to adjust to the status of permanent 
resident by reason of subsection (a)(4), the consular officer or the 
Secretary of Homeland Security shall not consider any benefits the 
alien may have received that were authorized under section 501 of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1641(c)).''.
    (b) Technical and Conforming Amendments.--
            (1) The following provisions of the Immigration and 
        Nationality Act are amended by striking ``212(e)'' and 
        inserting ``222(h)'':
                    (A) Paragraphs (1), (2)(A), and (3) of section 
                214(l).
                    (B) Paragraphs (2) and (3)(B) of section 240A(c).
                    (C) Section 245A(a)(2)(C).
                    (D) Section 248(3).
            (2) Section 214 (8 U.S.C. 1202) is amended--
                    (A) by redesignating subsection (p) (as added by 
                the Departments of Commerce, Justice, and State, the 
                Judiciary, and Related Agencies Appropriations Act, 
                2001, as enacted into law by Public Law 106-553) as 
                subsection (r);
                    (B) by redesignating the second subsection (o) (as 
                added by the Departments of Commerce, Justice, and 
                State, the Judiciary, and Related Agencies 
                Appropriations Act, 2001, as enacted into law by Public 
                Law 106-553) as subsection (q);
                    (C) by redesignating the first subsection (o) as 
                subsection (p);
                    (D) by redesignating subsection (n) as subsection 
                (o); and
                    (E) by redesignating the second subsection (m) as 
                subsection (n).
            (3) Section 101(a) is amended--
                    (A) in paragraph (13)(B), by striking ``212(d)(5)'' 
                and inserting ``212(c)(3)'';
                    (B) in paragraph (13)(C)(v), by striking ``212(h)'' 
                and inserting ``212(f)'';
                    (C) in paragraph (15)(H)--
                            (i) by striking ``212(j)(2)'' and inserting 
                        ``214(s)(2)'';
                            (ii) by striking ``212(n)(1)'' and 
                        inserting ``214(u)(1)'';
                            (iii) by striking ``212(m)(1)'' and 
                        inserting ``214(t)(1)'';
                            (iv) by striking ``212(m)(2)'' and 
                        inserting ``214(t)(2)''; and
                            (v) by striking ``212(m)(6)'' and inserting 
                        ``214(t)(6)'';
                    (D) in paragraph (15)(J), by striking ``212(j)'' 
                and inserting ``214(s)'';
                    (E) in paragraph (15)(K), by striking ``(p) of 
                section 214'' and inserting ``(r) of section 214'';
                    (F) in paragraph (15)(T)(i), by striking ``214(n)'' 
                and inserting ``214(o)'';
                    (G) in paragraph (15)(U)(i), by striking ``214(o)'' 
                and inserting ``214(p)''; and
                    (H) in paragraph (15)(V), by striking ``214(o)'' 
                and inserting ``214(q)''.
            (4) Section 201(c)(4) is amended by striking ``212(d)(5)'' 
        and inserting ``212(c)(3)''.
            (5) Section 214(a)(1) is amended by striking ``212(l)'' and 
        inserting ``212(h)''.
            (6) Section 214(e)(5) is amended--
                    (A) by striking ``212(m)'' both places it appears 
                and inserting ``214(t)''; and
                    (B) by striking ``212(n)'' and inserting 
                ``214(u)''.
            (7) Section 214(f)(2)(A) is amended by striking 
        ``212(d)(5)'' and inserting ``212(c)(3)''.
            (8) Section 216(f) is amended by striking ``subsection (h) 
        or (i) of section 212'' and inserting ``section 212(f)''.
            (9) Section 237(a)(1)(C)(ii) is amended by striking 
        ``212(g)'' and inserting ``212(e)''.
            (10) Section 240A(b)(4) is amended by striking 
        ``212(d)(5)'' and inserting ``212(c)(3)''.
            (11) Section 242(a)(2)(B)(i) is amended by striking 
        ``212(h), 212(i),'' and inserting ``212(f),''.
            (12) Section 245(c) is amended--
                    (A) by striking ``212(d)(4)(C)'' and inserting 
                ``212(c)(2)(C)''; and
                    (B) by striking ``212(l)'' and inserting 
                ``212(h)''.
            (13) Section 248 is amended by striking ``(or whose 
        inadmissibility under such section is waived under section 
        212(a)(9)(B)(v))'' in the matter preceding paragraph (1).
            (14) Section 248(4) is amended by striking ``212(l)'' and 
        inserting ``212(h)''.
            (15) Section 252(a) is amended by striking ``212(d)(3), 
        section 212(d)(5),'' and inserting ``212(c)(3),''.
            (16) Paragraphs (2) and (3) of section 254(a) are each 
        amended by striking ``212(d)(5)'' and inserting ``212(c)(3)''.
            (17) Section 286(s)(6) is amended--
                    (A) by striking ``212(n)(1)'' each place it appears 
                and inserting ``214(u)(1)''; and
                    (B) by striking ``212(n)(2)'' both places it 
                appears and inserting ``214(u)(2)''.
    (c) Effective Date.--The amendments made by this section shall take 
effect of the date of the enactment of this Act and shall apply to acts 
undertaken, and conditions existing, before, on, or after such date.

SEC. 205. PROTECTION OF U.S. SPECIALTY WORKERS.

    Section 214(u) of the Immigration and Nationality Act (8 U.S.C. 
1184(u)), as so redesignated by this Act, is further amended as 
follows:
            (1) Paragraph (1)(E) is amended--
                    (A) by striking ``(E)(i) In the case of an 
                application described in clause (ii),'' and inserting 
                ``(E)''; and
                    (B) by striking clause (ii).
            (2) Paragraph (1)(F) is amended by striking ``In the case 
        of an application described in subparagraph (E)(ii), the'' and 
        inserting ``The''.
            (3) Paragraph (1)(G) is amended--
                    (A) by striking ``(G)(i) In the case of an 
                application described in subparagraph (E)(ii), subject 
                to clause (ii),'' and inserting ``(G)''; and
                    (B) by striking clause (ii);
            (4) Paragraph (1) is amended in the matter following 
        subparagraph (G)--
                    (A) by amending the 5th sentence to read as 
                follows: ``The Secretary of Labor shall review such an 
                application for completeness and accuracy.''; and
                    (B) in the 6th sentence, by striking ``obviously''.
            (5) Paragraph (2)(C)(i) is amended by striking ``paragraph 
        (1)(B), (1)(E), or (1)(F), a substantial failure to meet a 
        condition of paragraph (1)(C), (1)(D), or (1)(G)(i)(I),'' and 
        inserting ``paragraph (1),''.
            (6) Paragraph (2)(E) is amended to read as follows: ``If an 
        employer places an H-1B nonimmigrant with a second employer 
        whom the employer knows or had reason to know has ever 
        displaced a United States worker during a period described in 
        paragraph (1)(F), such displacement shall be considered to be a 
        failure to meet a condition specified in an application 
        submitted under paragraph (1).''.
            (7) Paragraphs (3) and (5) are repealed.

SEC. 206. ANTIFRAUD FEE.

    (a) Imposition of Fee.--
            (1) In general.--Chapter 9 of title II of the Immigration 
        and Nationality Act (8 U.S.C. 1351 et seq.) is amended by 
        inserting after section 281 the following:

                            ``antifraud fee

    ``Sec. 281A. (a) In General.--In addition to any other fees 
authorized by law, the Secretary of Homeland Security shall impose an 
antifraud fee on a petitioner filing a petition for classification 
under section 204, or a petition for an alien's status as a 
nonimmigrant under section 101(a)(15) (excluding status under 
subparagraph (A), (B), (G), or (S) of such section).
    ``(b) Amount.--The amount of the fee shall be $100 for each such 
petition.
    ``(c) Disposition.--Fees collected under this section shall be 
deposited in the Treasury in accordance with section 286(v).''.
            (2) Clerical amendment.--The table of contents of the 
        Immigration and Nationality Act is amended by inserting after 
        the item relating to section 281 the following:

``281A. Antifraud fee.''.
    (b) Establishment of Account; Use of Fees.--Section 286 (8 U.S.C. 
1356) is amended by adding at the end the following:
    ``(v) Antifraud Account.--
            ``(1) In general.--There is established in the general fund 
        of the Treasury a separate account which shall be known as the 
        `Antifraud Account'. Notwithstanding any other provision of 
        law, there shall be deposited as offsetting receipts into the 
        account all fees collected under section 281A.
            ``(2) Use of fees to combat fraud.--
                    ``(A) Secretary of homeland security.--
                            ``(i) Programs to eliminate fraud.--20 
                        percent of amounts deposited into the Antifraud 
                        Account shall remain available to the Secretary 
                        of Homeland Security until expended for 
                        programs and activities to eliminate fraud by 
                        petitioners and beneficiaries with respect to 
                        immigrant visa petitions under section 204 or 
                        status under section 101(a)(15) (excluding 
                        status under subparagraph (A), (B), (G), or (S) 
                        of such section).
                            ``(ii) Removal of aliens.--20 percent of 
                        amounts deposited into the Antifraud Account 
                        shall remain available to the Secretary of 
                        Homeland Security until expended for the 
                        removal of aliens who are deportable under 
                        section 237(a)(1)(A) by reason of having been 
                        found to be within the class of aliens 
                        inadmissible under section 212(a)(6)(C).
                    ``(B) Secretary of state.--40 percent of the 
                amounts deposited into the Antifraud Account shall 
                remain available to the Secretary of State until 
                expended for programs and activities to eliminate fraud 
                by petitioners and beneficiaries described in 
                subparagraph (A).
                    ``(C) Joint programs.--20 percent of amounts 
                deposited into the Antifraud Account shall remain 
                available to the Secretary of Homeland Security and the 
                Secretary of State until expended for programs and 
                activities conducted by them jointly to eliminate fraud 
                by petitioners and beneficiaries described in 
                subparagraph (A).''.
    (c) Effective Date.--The amendments made by this section shall take 
effect 6 months after the date of the enactment of this Act.

        TITLE III--TRACKING ALIENS PRESENT IN THE UNITED STATES

SEC. 301. ENTRY-EXIT SYSTEM.

    (a) Integrated Entry and Exit Data System.--Section 110(b)(1) of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1221 note) is amended to read as follows:
            ``(1) provides access to, and integrates, arrival and 
        departure data of all aliens who arrive and depart at ports of 
        entry, in an electronic format and in a database of the 
        Department of Homeland Security or the Department of State 
        (including those created or used at ports of entry and at 
        consular offices);''.
    (b) Construction.--Section 110(c) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 note) is 
amended to read as follows:
    ``(c) Construction.--Nothing in this section shall be construed to 
reduce or curtail any authority of the Secretary of Homeland Security 
or the Secretary of State under any other provision of law.''.
    (c) Deadlines.--Section 110(d) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 note) is 
amended--
            (1) in paragraph (1), by striking ``December 31'' and 
        inserting ``October 26'';
            (2) by amending paragraph (2) to read as follows:
            ``(2) Land border ports of entry.--Not later than October 
        26, 2004, the Secretary of Homeland Security shall implement 
        the integrated entry and exit data system using the data 
        described in paragraph (1) and available alien arrival and 
        departure data described in subsection (b)(1) pertaining to 
        aliens arriving in, or departing from, the United States at all 
        land border ports of entry. Such implementation shall include 
        ensuring that such data, when collected or created by an 
        immigration officer at a port of entry, are entered into the 
        system and can be accessed by immigration officers at airports, 
        seaports, and other land border ports of entry.''; and
            (3) by striking paragraph (3).
    (d) Authority To Provide Access to System.--Section 110(f)(1) of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1221 note) is amended by adding at the end the following:
        ``The Secretary of Homeland Security shall ensure that any 
        officer or employee of the Department of Homeland Security or 
        the Department of State having need to access the data 
        contained in the integrated entry and exit data system for any 
        lawful purpose under the Immigration and Nationality Act has 
        such access, including access for purposes of representation of 
        the Department of Homeland Security in removal proceedings 
        under section 240 of such Act and adjudication of applications 
        for benefits under such Act.''.
    (e) Waiver Available.--If the President determines in writing, with 
respect to a fiscal or calendar year, that a waiver of one or more of 
the amendments made by this section is desirable and would not threaten 
the national security of the United States, the President may waive the 
effectiveness of such amendment or amendments with respect to such 
year.

SEC. 302. COLLECTION OF INFORMATION REGARDING FOREIGN STUDENTS.

    (a) Course of Study.--Section 641(c)(1)(C) of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1372(c)(1)(C)) is amended by inserting after ``including'' the 
following: ``each course of study the student has taken and is taking 
at the institution and''.
    (b) Implementation of Program To Collect Information Relating to 
Nonimmigrant Foreign Students and Other Exchange Program 
Participants.--Section 641(d)(2) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(d)(2)) is amended 
to read as follows:
            ``(2) Effect of failure to provide information.--During any 
        period on or after the date of the enactment of the Securing 
        America's Future through Enforcement Reform Act of 2003, if an 
        approved institution of higher education or a designated 
        exchange visitor program fails to provide the information 
        described in subsection (c) through the program described in 
        subsection (a), all approvals described in subparagraph (A) of 
        paragraph (1), and all grants of authority described in 
        subparagraph (B) of such paragraph, with respect to such 
        institution or exchange visitor program shall be revoked.''.

SEC. 303. ALIEN REGISTRATION.

    (a) In General.--Section 262 (8 U.S.C. 1302) is amended to read as 
follows:

             ``registration of aliens in the united states

    ``Sec. 262. (a) Initial Registration.--
            ``(1) In general.--It shall be the duty of every alien now 
        or hereafter in the United States, who (1) is fourteen years of 
        age or older, (2) has not been registered and fingerprinted 
        under section 221(b) of this Act or section 30 or 31 of the 
        Alien Registration Act, 1940, and (3) remains in the United 
        States for thirty days or longer, to apply for registration and 
        to be fingerprinted before the expiration of such thirty days.
            ``(2) Minors.--It shall be the duty of every parent or 
        legal guardian of any alien now or hereafter in the United 
        States, who (1) is less than fourteen years of age, (2) has not 
        been registered under section 221(b) of this Act or section 30 
        or 31 of the Alien Registration Act, 1940, and (3) remains in 
        the United States for thirty days or longer, to apply for the 
        registration of such alien before the expiration of such thirty 
        days. Whenever any alien attains his fourteenth birthday in the 
        United States he shall, within thirty days thereafter, apply in 
        person for registration and to be fingerprinted.
    ``(b) Subsequent Registrations.--
            ``(1) Permanent residents.--In addition to any other 
        registration otherwise required under this Act or any other 
        Act, each alien lawfully admitted for permanent residence shall 
        annually register with the Secretary of Homeland Security, 
        regardless of whether there has been any change in the alien's 
        address. This requirement shall commence on the first 
        anniversary of the date on which the alien acquired the status 
        of an alien lawfully admitted for permanent residence that 
        occurs after the enactment of the Securing America's Future 
        through Enforcement Reform Act of 2003.
            ``(2) Other aliens.--In addition to any other registration 
        otherwise required under this Act or any other Act, every alien 
        in the United States, other than an alien described in 
        paragraph (1), shall register with the Secretary of Homeland 
        Security at the expiration of each 3-month period during which 
        the alien remains in the United States, regardless of whether 
        there has been any change in the alien's address. This 
        requirement shall commence on the 60th day after the alien 
        enters the United States.
            ``(3) Minors.--In the case of an alien who is less than 
        fourteen years of age, a parent or legal guardian of the alien 
        may carry out this subsection on behalf of the alien.
    ``(c) Change of Address.--
            ``(1) In general.--Each alien required to be registered 
        under this title who is within the United States shall notify 
        the Secretary of Homeland Security in writing of each change of 
        address and new address within ten days from the date of such 
        change and furnish with such notice such additional information 
        as the Secretary may require by regulation.
            ``(2) Certain foreign states.--
                    ``(A) In general.--The Secretary of Homeland 
                Security may, in the discretion of the Secretary, upon 
                ten days notice, require the natives of any one or more 
                foreign states, or any class or group thereof, who are 
                within the United States and who are required to be 
                registered under this title, to notify the Secretary of 
                their current addresses and furnish such additional 
                information as the Secretary may require.
                    ``(B) Notice for minors.--In the case of an alien 
                for whom a parent or legal guardian is required to 
                apply for registration, the notice required by this 
                section shall be given to such parent or legal 
                guardian.
            ``(3) Minors.--In the case of an alien who is less than 
        fourteen years of age, a parent or legal guardian of the alien 
        may carry out this subsection on behalf of the alien.
    ``(d) Exception.--Subsections (b) and (c) shall not apply to an 
alien lawfully admitted for permanent residence, and the alien's spouse 
and children, if the alien is a member of the armed forces of the 
United States serving on active duty (as defined in section 101(d) of 
title 10, United States Code).
    ``(e) Forms.--The Secretary of Homeland Security shall prepare 
forms for registrations and change of address notifications required 
under this section. Such forms shall contain inquiries to obtain the 
following information:
            ``(1) Full name and aliases.
            ``(2) Current address.
            ``(3) Date of birth.
            ``(4) Visa category.
            ``(5) Date of entry into the United States.
            ``(6) Termination date of authorization to remain in the 
        United Sates, if any.
            ``(7) Signature.
            ``(8) Biometric feature of the alien.
            ``(9) Any additional information that the Secretary of 
        Homeland Security determines to be necessary.
    ``(f) Information Technology System.--The Secretary of Homeland 
Security shall establish and operate an information technology system 
for the electronic collection, compilation, and maintenance of the 
information submitted under this section. Such system shall permit any 
alien address in the United States that has been registered with the 
Secretary, and the date of such registration, to be accessed by any 
officer or employee of the Department of Homeland Security having need 
for such access for any lawful purpose under the Immigration and 
Nationality Act.''.
    (b) Repeal.--Section 265 (8 U.S.C. 1305) is repealed and the table 
of contents is amended by striking the item relating to such section.
    (c) Conforming Amendments.--
            (1) Removal for failure to comply.--Section 237(a)(3)(A) (8 
        U.S.C. 1227(a)(3)(A)) is amended by striking ``265'' and 
        inserting ``262''.
            (2) Registration of special groups.--Section 263(b) (8 
        U.S.C. 1303(b)) is amended by inserting ``(excluding subsection 
        (c) of such section)'' after ``262''.
            (3) Forms and procedure.--Section 264(a) (8 U.S.C. 1304(a)) 
        is amended by striking ``of this title, and the Attorney 
        General is authorized and directed to prepare forms for the 
        registration and fingerprinting of aliens under section 262 of 
        this title.'' and inserting a period.
            (4) Penalties.--Section 266 (8 U.S.C. 1306) is amended by 
        striking ``265'' each place such term appears and inserting 
        ``262''.
    (d) Report.--Not later than 3 years after the date of the enactment 
of this Act, the Secretary of Homeland Security shall submit a report 
to the Committees on the Judiciary of the House of Representatives and 
the Senate on the implementation of section 262 of the Immigration and 
Nationality Act, as amended by this section, and the results of such 
implementation.
    (e) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 304. VISA TERM COMPLIANCE BONDS.

    (a) Definitions.--For purposes of this section:
            (1) Visa term compliance bond.--The term ``visa term 
        compliance bond'' means a written suretyship undertaking 
        entered into by an alien individual seeking admission to the 
        United States of America on a nonimmigrant visa whose 
        performance is guaranteed by a bail agent.
            (2) Suretyship undertaking.--The term ``suretyship 
        undertaking'' means a written agreement, executed by a bail 
        agent, which binds all parties to its certain terms and 
        conditions and which provides obligations for the visa 
        applicant while under the bond and penalties for forfeiture to 
        ensure the obligations of the principal under the agreement.
            (3) Bail agent.--The term ``bail agent'' means any 
        individual properly licensed, approved, and appointed by power 
        of attorney to execute or countersign bail bonds in connection 
        with judicial proceedings and who receives a premium.
            (4) Surety.--The term ``surety'' means an entity, as 
        defined by, and that is in compliance with, sections 9304 
        through 9308 of title 31, United States Code, that agrees--
                    (A) to guarantee the performance, where 
                appropriate, of the principal under a visa term 
                compliance bond;
                    (B) to perform as required in the event of a 
                forfeiture; and
                    (C) to pay over the principal (penal) sum of the 
                bond for failure to perform.
    (b) Issuance of Bond.--A consular officer may require an applicant 
for a nonimmigrant visa, as a condition for granting such application, 
to obtain a visa term compliance bond.
    (c) Validity, Expiration, Renewal, and Cancellation of Bonds.--
            (1) Validity.--A visa term compliance bond undertaking is 
        valid if it--
                    (A) states the full, correct, and proper name of 
                the alien principal;
                    (B) states the amount of the bond;
                    (C) is guaranteed by a surety and countersigned by 
                an attorney-in-fact who is properly appointed;
                    (D) is an original signed document;
                    (E) is filed with the Secretary of Homeland 
                Security along with the original application for a 
                visa; and
                    (F) is not executed by electronic means.
            (2) Expiration.--A visa term compliance bond undertaking 
        shall expire at the earliest of--
                    (A) 1 year from the date of issue;
                    (B) at the expiration, cancellation, or surrender 
                of the visa; or
                    (C) immediately upon nonpayment of the premium.
            (3) Renewal.--The bond may be renewed--
                    (A) annually with payment of proper premium at the 
                option of the bail agent or surety; and
                    (B) provided there has been no breech of 
                conditions, default, claim, or forfeiture of the bond.
            (4) Cancellation.--The bond shall be canceled and the 
        surety and bail agent exonerated--
                    (A) for nonrenewal;
                    (B) if the surety or bail agent provides reasonable 
                evidence that there was misrepresentation or fraud in 
                the application for the bond;
                    (C) upon termination of the visa;
                    (D) upon death, incarceration of the principal, or 
                the inability of the surety to produce the principal 
                for medical reasons;
                    (E) if the principal is detained in any city, 
                State, country, or political subdivision thereof;
                    (F) if the principal departs from the United States 
                of America for any reason without permission of the 
                Secretary of Homeland Security and the surety or bail 
                agent; or
                    (G) if the principal is surrendered by the surety.
            (5) Effect of expiration or cancellation.--When a visa term 
        compliance bond expires without being immediately renewed, or 
        is canceled, the nonimmigrant status of the alien shall be 
        revoked immediately.
            (6) Surrender of principal; forfeiture of bond premium.--
                    (A) Surrender.--At any time before a breach of any 
                of the conditions of the bond, the surety or bail agent 
                may surrender the principal, or the principal may 
                surrender, to any office or facility of the Department 
                of Homeland Security charged with immigration 
                enforcement or border protection.
                    (B) Forfeiture of bond premium.--A principal may be 
                surrendered without the return of any bond premium if 
                the visa holder--
                            (i) changes address without notifying the 
                        surety or bail agent and the Secretary of 
                        Homeland Security in writing at least 60 days 
                        prior to such change;
                            (ii) changes schools, jobs, or occupations 
                        without written permission of the surety, bail 
                        agent, and the Secretary;
                            (iii) conceals himself or herself;
                            (iv) fails to report to the Secretary as 
                        required at least annually; or
                            (v) violates the contract with the bail 
                        agent or surety, commits any act that may lead 
                        to a breech of the bond, or otherwise violates 
                        any other obligation or condition of the visa 
                        established by the Secretary.
            (7) Certified copy of undertaking or warrant to accompany 
        surrender.--
                    (A) In general.--A person desiring to make a 
                surrender of the visa holder--
                            (i) shall have the right to petition any 
                        Federal court for an arrest warrant for the 
                        arrest of the visa holder;
                            (ii) shall forthwith be provided a 
                        certified copy of the arrest warrant and the 
                        undertaking; and
                            (iii) shall have the right to pursue, 
                        apprehend, detain, and deliver the visa holder, 
                        together with the certified copy of the arrest 
                        warrant and the undertaking, to any official or 
                        facility of the Department of Homeland Security 
                        charged with immigration enforcement or border 
                        protection or any detention facility authorized 
                        to hold Federal detainees.
                    (B) Effects of delivery.--Upon delivery of a person 
                under subparagraph (A)(iii)--
                            (i) the official to whom the delivery is 
                        made shall detain the visa holder in custody 
                        and issue a written certificate of surrender; 
                        and
                            (ii) the court issuing the warrant 
                        described in subparagraph (A)(i) and the 
                        Secretary of Homeland Security shall 
                        immediately exonerate the surety and bail agent 
                        from any further liability on the bond.
            (8) Form of bond.--A visa term compliance bond shall in all 
        cases state the following and be secured by a surety:
                    (A) Breech of bond; procedure, forfeiture, 
                notice.--
                            (i) If a visa holder violates any 
                        conditions of the visa or the visa bond the 
                        Secretary of Homeland Security shall--
                                    (I) order the visa canceled;
                                    (II) immediately obtain a warrant 
                                for the visa holder's arrest;
                                    (III) order the bail agent and 
                                surety to take the visa holder into 
                                custody and surrender the visa holder 
                                to the Secretary; and
                                    (IV) mail notice to the bail agent 
                                and surety via certified mail return 
                                receipt at each of the addresses in the 
                                bond.
                            (ii) A bail agent or surety shall have full 
                        and complete access to any and all information, 
                        electronic or otherwise, in the care, custody, 
                        and control of the United States Government or 
                        any State or local government or any subsidiary 
                        or police agency thereof regarding the visa 
                        holder needed to comply with section 304 of the 
                        Securing America's Future through Enforcement 
                        Reform Act of 2003 that the court issuing the 
                        warrant believes is crucial in locating the 
                        visa holder.
                            (iii) If the visa holder is later arrested, 
                        detained, or otherwise located outside the 
                        United States and the outlying possessions of 
                        the United States (as defined in section 101(a) 
                        of the Immigration and Nationality Act), the 
                        Secretary of Homeland Security shall--
                                    (I) order that the bail agent and 
                                surety are completely exonerated, and 
                                the bond canceled and terminated; and
                                    (II) if the Secretary has issued an 
                                order under clause (i), the surety may 
                                request, by written, properly filed 
                                motion, reinstatement of the bond. This 
                                subclause may not be construed to 
                                prevent the Secretary from revoking or 
                                resetting a higher bond.
                            (iv) The bail agent or surety must--
                                    (I) produce the visa bond holder; 
                                or
                                    (II)(aa) prove within 180 days that 
                                producing the bond holder was 
                                prevented--
                                            (aaa) by the bond holder's 
                                        illness or death;
                                            (bbb) because the bond 
                                        holder is detained in custody 
                                        in any city, State, country, or 
                                        political subdivision thereof;
                                            (ccc) because the bond 
                                        holder has left the United 
                                        States or its outlying 
                                        possessions (as defined in 
                                        section 101(a) of the 
                                        Immigration and Nationality Act 
                                        (8 U.S.C. 1101(a)); or
                                            (ddd) because required 
                                        notice was not given to the 
                                        bail agent or surety; and
                                    (bb) prove within 180 days that the 
                                inability to produce the bond holder 
                                was not with the consent or connivance 
                                of the bail agent or sureties.
                            (v) If the bail agent or surety does not 
                        comply with the terms of this bond within 60 
                        days after the mailing of the notice required 
                        under subparagraph (A)(i)(IV), a portion of the 
                        face value of the bond shall be assessed as a 
                        penalty against the surety.
                            (vi) If compliance occurs more than 60 days 
                        but no more than 90 days after the mailing of 
                        the notice, the amount assessed shall be one-
                        third of the face value of the bond.
                            (vii) If compliance occurs more than 90 
                        days, but no more than 180 days, after the 
                        mailing of the notice, the amount assessed 
                        shall be two-thirds of the face value of the 
                        bond.
                            (viii) If compliance does not occur within 
                        180 days after the mailing of the notice, the 
                        amount assessed shall be 100 percent of the 
                        face value of the bond.
                            (ix) All penalty fees shall be paid by the 
                        surety within 45 days after the end of such 
                        180-day period.
                    (B) The Secretary of Homeland Security may waive 
                the penalty fees or extend the period for payment or 
                both, if--
                            (i) a written request is filed with the 
                        Secretary; and
                            (ii) the bail agent or surety provides 
                        evidence satisfactory to the Secretary 
that diligent efforts were made to effect compliance of the visa 
holder.
                    (C) Compliance; exoneration; limitation of 
                liability.--
                            (i) Compliance.--The bail agent or surety 
                        shall have the absolute right to locate, 
                        apprehend, arrest, detain, and surrender any 
                        visa holder, wherever he or she may be found, 
                        who violates any of the terms and conditions of 
                        the visa or bond.
                            (ii) Exoneration.--Upon satisfying any of 
                        the requirements of the bond, the surety shall 
                        be completely exonerated.
                            (iii) Limitation of liability.--The total 
                        liability on any undertaking shall not exceed 
                        the face amount of the bond.

SEC. 305. RELEASE OF ALIENS IN REMOVAL PROCEEDINGS.

    (a) In General.--Section 236(a)(2) is amended to read as follows:
            ``(2) subject to section 241(a)(8), may release the alien 
        on bond of at least $10,000, with security approved by, and 
        containing conditions prescribed by, the Secretary of Homeland 
        Security, but the Secretary shall not release the alien on or 
        to his own recognizance unless an order of an immigration judge 
        expressly finds that the alien is not a flight risk and is not 
        a threat to the United States; and''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act.

SEC. 306. DETENTION OF ALIENS DELIVERED BY BONDSMEN.

    (a) In General.--Section 241(a) (8 U.S.C. 1231(a)) is amended by 
adding at the end the following:
            ``(8) Effect of production of alien by bondsman.--
        Notwithstanding any other provision of law, the Secretary of 
        Homeland Security shall take into custody any alien subject to 
        a final order of removal, and cancel any bond previously posted 
        for the alien, if the alien is produced within the prescribed 
        time limit by the obligor on the bond. The obligor on the bond 
        shall be deemed to have substantially performed all conditions 
        imposed by the terms of the bond, and shall be released from 
        liability on the bond, if the alien is produced within such 
        time limit.''.
    (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 immigration bonds posted before, on, or after such date.

   TITLE IV--REMOVING ALIEN TERRORISTS, CRIMINALS, AND HUMAN RIGHTS 
                               VIOLATORS

                 Subtitle A--Removing Alien Terrorists

SEC. 401. DEPORTABILITY OF TERRORISTS, NATIONAL SECURITY THREATS, AND 
              SERIOUS FOREIGN CRIMES.

    (a) In General.--Section 237(a)(4) (8 U.S.C. 1227(a)(4)) is 
amended--
            (1) by amending subparagraph (B) to read as follows:
                    ``(B) Terrorist activities.--Any alien who would be 
                considered inadmissible pursuant to section 
                212(a)(3)(B) is deportable.''; and
            (2) by inserting after subparagraph (D) the following:
                    ``(E) National security consequences.--An alien 
                described in section 212(a)(3)(G) is deportable.
                    ``(F) Serious foreign crimes.--An alien described 
                in section 212(a)(3)(H) is deportable.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
conduct occurring before, on, or after such date.

SEC. 402. ADMINISTRATIVE REMOVAL OF ALIEN TERRORISTS.

    (a) In General.--Section 238 (8 U.S.C. 1228) is amended--
            (1) in the section heading, by striking ``aliens convicted 
        of committing aggravated felonies'' and inserting ``certain 
        aliens'';
            (2) in the heading of subsection (a), by inserting 
        ``Institutional'' before ``Removal'';
            (3) in subsection (a)(1), by striking ``241'' each place it 
        appears and inserting ``237'';
            (4) by amending the heading of subsection (b) to read as 
        follows:
    ``(b) Proceedings for the Administrative Removal of Aliens.--'';
            (5) by amending subsection (b)(1) to read as follows:
            ``(1) The Secretary of Homeland Security may--
                    ``(A) in the case of an alien described in 
                paragraph (2), determine the deportability of such 
                alien under section 237(a)(2)(A)(iii) (relating to 
                conviction of an aggravated felony); or
                    ``(B) in the case of an alien certified under 
                paragraph (2)(C), determine the deportability of such 
                alien under any provision of section 237,
        and issue an order of removal pursuant to the procedures set 
        forth in this subsection or section 240.'';
            (6) in subsection (b)(2)--
                    (A) in subparagraph (A), by striking ``or'' at the 
                end;
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting ``; or''; and
                    (C) by adding at the end the following:
                    ``(C) has been certified by the Secretary of 
                Homeland Security, pursuant to paragraph (6), which 
                certification is not reviewable except as provided in 
                subsection (b)(7).'';
            (7) by adding at the end of subsection (b) the following:
            ``(6) Certification.--The Secretary of Homeland Security 
        may certify an alien under this paragraph if the Secretary has 
        reasonable grounds to believe that the alien--
                    ``(A) is described in section 212(a)(3)(A)(i), 
                212(a)(3)(A)(iii), 212(a)(3)(B), 237(a)(4)(A)(i), 
                237(a)(4)(A)(iii), or 237(a)(4)(B); or
                    ``(B) is engaged in any other activity that 
                endangers the national security of the United States.
            ``(7) Nondelegation.--The Secretary may delegate the 
        authority provided under paragraph (6) only to the Deputy 
        Secretary. The Deputy Secretary may not delegate such 
        authority.
            ``(8) Judicial review.--Notwithstanding any other provision 
        of law, judicial review of an order under paragraph (2)(C) 
        shall be available only by a filing in the United States Court 
        of Appeals for the District of Columbia.'';
            (8) by striking the first subsection (c) and inserting the 
        following:
    ``(c) Presumption of Removability.--An alien convicted of an 
aggravated felony, or certified pursuant to section 238(b)(2)(C), shall 
be conclusively presumed to be removable from the United States.''; and
            (9) by redesignating the second subsection (c) 
        (redesignated as such by section 671(b)(13) of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996) as 
subsection (d).
    (b) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
aliens in removal proceedings on or after such date.

SEC. 403. ASYLUM PETITIONS BY MEMBERS OF TERRORIST ORGANIZATIONS.

    Paragraph (1) of section 208(b) (8 U.S.C. 1158(b)) is amended by 
adding at the end the following: ``In any case in which there may be 
more than one motive for persecution, the alien bears the burden of 
showing that such persecution was or would be inflicted solely on 
account of race, religion, nationality, membership in a particular 
social group, or political opinion.''.

SEC. 404. EXPATRIATION OF TERRORISTS.

    (a) In General.--Section 349 of the Immigration and Nationality Act 
(8 U.S.C. 1481) is amended--
            (1) by amending subsection (a)(3) to read as follows:
            ``(3)(A) entering, or serving in, the armed forces of a 
        foreign state if--
                    ``(i) such armed forces are engaged in hostilities 
                against the United States; or
                    ``(ii) such person serves as a commissioned or non-
                commissioned officer; or
            ``(B) in the case of a naturalized American citizen, 
        joining or serving in, or providing material support (as 
        defined in section 2339A of title 18, United States Code) to a 
        terrorist organization designated under section 212(a)(3) or 
        219 or designated under the International Emergency Powers Act, 
        if the organization is engaged in hostilities against the 
        United States, its people, or its national security 
        interests.''; and
            (2) by adding at the end of subsection (b): ``The voluntary 
        commission or performance of an act described in subsection 
        (a)(3)(A)(i) or (B) shall be prima facie evidence that the act 
        was done with the intention of relinquishing United States 
        nationality.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
determinations pending on or after such date with respect to which a 
final administrative decision has not been rendered as of such date.

                  Subtitle B--Removing Alien Criminals

SEC. 411. DEFINITION OF CRIMINAL CONVICTION.

    (a) In General.--Subparagraph (B) of section 101(a)(48) (8 U.S.C. 
1101(a)(48)) is amended by adding at the end the following: ``Any 
conviction entered by a court shall remain valid for immigration 
purposes notwithstanding a vacation of that conviction, unless the 
conviction is vacated on direct appeal wherein the court determines 
that vacation is warranted on the merits, or on grounds relating to a 
violation of a fundamental statutory or constitutional right in the 
underlying criminal proceedings.''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
determinations pending on or after such date with respect to which a 
final administrative decision has not been rendered as of such date.

SEC. 412. REMOVING MURDERERS, RAPISTS, SEXUAL ABUSERS OF CHILDREN, AND 
              DRUNK DRIVERS.

    (a) Removing Murderers, Rapists, and Sexual Abusers of Children.--
Subparagraph (A) of section 101(a)(43) (8 U.S.C. 1101(a)(43)) is 
amended by inserting before the semicolon at the end the following: ``, 
regardless of the term of imprisonment, and regardless of whether the 
offenses are deemed to be misdemeanors or felonies under State or 
Federal law,''.
    (b) Removing Drunk Drivers.--Section 101(a)(43)(F) is amended by 
inserting ``, including a third drunk driving conviction, regardless of 
the States in which the convictions occurred, and regardless of whether 
the offenses are deemed to be misdemeanors or felonies under State or 
Federal law,'' after ``offense)''.
    (c) Effective Date.--The amendment made by the section shall take 
effect on the date of the enactment of this Act and shall apply to 
convictions entered on or after such date.

SEC. 413. DETENTION AND RELEASE OF CRIMINAL ALIENS PENDING REMOVAL 
              DECISION.

    (a) Arrest and Detention.--
            (1) In general.--Section 236(c)(1) (8 U.S.C. 1226(c)(1)) is 
        amended--
                    (A) by striking the matter preceding subparagraph 
                (A) and inserting the following:
            ``(1) Arrest and detention.--On a warrant issued by the 
        Secretary of Homeland Security, an alien shall be arrested and 
        detained pending a decision on whether the alien is to be 
        removed from the United States if the Secretary alleges that 
        the alien--'';
                    (B) in subparagraph (D), by striking the comma at 
                the end and inserting a period; and
                    (C) by striking the matter following subparagraph 
                (D) and adding at the end the following:
        ``Nothing in this paragraph shall be construed as requiring the 
        Secretary to arrest or detain an alien who is sentenced to a 
        term of imprisonment until the alien is released from 
        imprisonment, but parole, supervised release, probation, or 
        possibility of arrest or further imprisonment is not a reason 
        for the Secretary to defer arrest and detention under this 
        paragraph.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall apply to aliens who are in proceedings under the 
        Immigration and Nationality Act on or after the date of the 
        enactment of this Act if those proceedings have not resulted in 
        a final administrative order before such date.
    (b) Release.--
            (1) In general.--Section 236(c)(2) (8 U.S.C. 1226(c)(2)) is 
        amended--
                    (A) by inserting after the first sentence the 
                following:
        ``To satisfy this burden, the alien is required to present 
        documentary evidence or witness testimony from a third party, 
        where such evidence is reasonably available. No finder of fact 
        may determine that such evidence is not reasonably available 
        solely because the alien is detained.''; and
                    (B) by adding at the end the following:
        ``The Secretary of Homeland Security may release an alien under 
        this paragraph only on bond of at least $5,000 with security 
        approved by, and containing conditions prescribed by, the 
        Secretary.''.
            (2) Condition on release.--Section 236(a) (8 U.S.C. 
        1226(a)) is amended by adding at the end the following:
``In order to be released, the alien has the burden of proving that the 
alien is neither a danger to the community nor a flight risk. To 
satisfy this burden, the alien is required to present documentary 
evidence or witness testimony from a third party, where such evidence 
is reasonably available. No finder of fact may determine that such 
evidence is not reasonably available solely because the alien is 
detained.''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply to releases occurring on or after the date of the 
        enactment of this Act.

           Subtitle C--Removing Alien Human Rights Violators

SEC. 421. SERIOUS HUMAN RIGHTS VIOLATOR DEFINED.

    Section 101(a) (8 U.S.C. 1101(a)) is amended by adding at the end 
the following:
    ``(51)(A) The term `serious human rights violator' means any alien 
who--
            ``(i) ordered, incited, assisted, or otherwise participated 
        in the persecution of any person on account of race, religion, 
        nationality, membership in a particular social group, or 
        political opinion;
            ``(ii) while serving as a foreign government official, was 
        responsible for, or directly carried out, particularly severe 
        violations of religious freedom (as defined in section 3 of the 
        International Religious Freedom Act of 1998 (22 U.S.C. 6402));
            ``(iii) during an armed conflict, ordered, incited, 
        assisted, or otherwise participated in a war crime (as defined 
        in section 2441(c) of title 18, United States Code);
            ``(iv) ordered, incited, assisted, otherwise participated 
        in, attempted to commit, or conspired to commit conduct that 
        would constitute genocide (as defined in section 1091(a) of 
        title 18, United States Code), if the conduct were committed in 
        the United States or by a United States national;
            ``(v) ordered, incited, assisted, or otherwise participated 
        in any act of torture (as defined in the United Nations 
        Convention Against Torture and Other Forms of Cruel, Inhuman or 
        Degrading Treatment or Punishment, done at New York on December 
        10, 1984, subject to any reservations, understandings, 
        declarations, and provisos contained in the United States 
        Senate resolution of ratification of the Convention); or
            ``(vi) committed, ordered, incited, assisted, otherwise 
        participated in, or was responsible for any of the following 
        acts, when undertaken in whole or in significant part for a 
        political, religious, or discriminatory purpose:
                    ``(I) Murder or other homicide.
                    ``(II) Kidnapping.
                    ``(III) Disappearance.
                    ``(IV) Rape.
                    ``(V) Torture or mutilation.
                    ``(VI) Prolonged, arbitrary detention.
                    ``(VII) Enslavement.
                    ``(VIII) Forced prostitution, impregnation, 
                sterilization, or abortion.
                    ``(IX) Genocide.
                    ``(X) Extermination.
                    ``(XI) Recruitment of persons under the age of 15 
                for use in armed conflict.
    ``(B) Subparagraph (A) shall not apply to an alien who demonstrates 
by clear and convincing evidence that the conduct was committed under 
extreme duress. For purposes of the preceding sentence, `extreme 
duress' means duress created by a threat of imminent death or rape of 
the alien, or a spouse, child, or parent of the alien.''.

SEC. 422. DEPORTABILITY OF SERIOUS HUMAN RIGHTS VIOLATORS.

    (a) In General.--Section 237(a) (8 U.S.C. 1227(a)) is amended by 
adding at the end the following:
            ``(8) Serious human rights violators.--Any serious human 
        rights violator is deportable.''.
    (b) Conforming Amendment.--Section 237(a)(4)(D) (8 U.S.C. 
1227(a)(4)(D)) is amended to read as follows:
                    ``(D) Assisted in nazi persecution.--Any alien 
                described in section 212(a)(3)(E) is deportable.''.

SEC. 423. ARREST AND DETENTION OF SERIOUS HUMAN RIGHTS VIOLATORS 
              PENDING REMOVAL AND CRIMINAL PROSECUTION DECISIONS.

    (a) Custody.--Section 236(c)(1)(D) (8 U.S.C. 1226(c)(1)(D)) is 
amended by striking ``section 237(a)(4)(B),'' and inserting ``paragraph 
(4)(B) or (8) of section 237(a)''.
    (b) Notice to Criminal Division.--Section 236(c) (8 U.S.C. 1226(c)) 
is amended by adding at the end the following:
            ``(3) Notice to criminal division.--The Secretary of 
        Homeland Security shall ensure that the Assistant Attorney 
        General for the Criminal Division of the Department of 
        Justice--
                    ``(A) is notified when an alien is arrested and 
                detained under paragraph (1) by reason of 
                inadmissibility under section 212(a)(2)(G) or 
                deportability under section 237(a)(8);
                    ``(B) is provided the information that was the 
                basis for the application of such paragraph; and
                    ``(C) makes a determination whether the alien 
                should be arrested and prosecuted in the United States 
                for a criminal offense.
            ``(4) Reports.--Beginning 6 months after the date of the 
        enactment of the Securing America's Future through Enforcement 
        Reform Act of 2003, and every 12 months thereafter, the 
        Secretary of Homeland Security and the Attorney General shall 
        submit to the Committees on the Judiciary of the United States 
        House of Representatives and of the Senate a report containing 
        the following:
                    ``(A) The number of removal proceedings initiated 
                against aliens under sections 212(a)(2)(G) and 
                237(a)(8) during the reporting period.
                    ``(B) The number of removal proceedings under 
                sections 212(a)(2)(G) and 237(a)(8) pending at the 
                conclusion of the reporting period.
                    ``(C) The number of aliens removed under sections 
                212(a)(2)(G) and 237(a)(8) during the reporting period.
                    ``(D) The number of notifications under paragraph 
                (3)(A) made during the reporting period.
                    ``(E) The number of criminal prosecutions initiated 
                during the reporting period based on information 
                provided under paragraph (3).
                    ``(F) The number of criminal prosecutions pending 
                at the conclusion of the reporting period that were 
                initiated based on information provided under paragraph 
                (3).
                    ``(G) The number of criminal prosecutions initiated 
                based on information provided under paragraph (3) that 
                resulted in a conviction during the reporting 
                period.''.

SEC. 424. EXCEPTION TO RESTRICTION ON REMOVAL FOR SERIOUS HUMAN RIGHTS 
              VIOLATORS AND TERRORISTS.

    Section 241(b)(3)(B) (8 U.S.C. 1231(b)(3)(B)) is amended--
            (1) in the matter preceding clause (i), by striking 
        ``section 237(a)(4)(D)'' and inserting ``subparagraph (B) or 
        (D) of section 237(a)(4)''; and
            (2) by amending clause (i) to read as follows:
                            ``(i) the alien is a serious human rights 
                        violator;''.

SEC. 425. INITIATION OF REMOVAL PROCEEDINGS AGAINST SERIOUS HUMAN 
              RIGHTS VIOLATORS BY COMPLAINT.

    Section 239 (8 U.S.C. 1229) is amended by adding at the end the 
following:
    ``(e) Complaints Respecting Serious Human Rights Violators.--
            ``(1) Establishment of process.--The Secretary of Homeland 
        Security shall establish a process for the receipt, 
        investigation, and disposition of complaints alleging that an 
        alien present in the United States is a serious human rights 
        violator and identifying that alien.
            ``(2) Persons entitled to file complaints.--Any individual 
        may file a complaint under paragraph (1).
            ``(3) Form and content of complaint.--A complaint under 
        paragraph (1) shall be in the form of a written statement, 
        executed under oath or as permitted under penalty of perjury 
        under section 1746 of title 28, United States Code, and shall 
        contain such information as the Secretary of Homeland Security 
        may require. Complaints shall be filed with an office 
        designated for that purpose by the Secretary.
            ``(4) Notice served on subject of complaint.--The Secretary 
        shall serve notice, by certified mail and within 14 days of the 
        filing of a complaint under paragraph (1), on each alien 
        identified in the complaint as a serious human rights violator. 
        The alien shall answer the complaint within 10 days of 
        receiving it.
            ``(5) Investigation and action.--The Secretary shall 
        conduct an investigation of each complaint that satisfies the 
        requirements of this subsection. Not later than 180 days after 
        the date of filing of such a complaint, the Secretary, with 
        respect to each alien identified in the complaint as a serious 
        human rights violator--
                    ``(A) shall initiate removal proceedings against 
                the alien; or
                    ``(B) shall issue to the complainant a written 
                determination that, in the opinion of the Secretary, 
                the alien is not a serious human rights violator.
            ``(6) Construction.--Nothing in this subsection shall be 
        construed to limit the discretion of consular officers under 
        section 291 to determine eligibility for a visa or document 
        required for entry or to limit the discretion of any 
        immigration officer otherwise to initiate removal proceedings 
        under this Act.''.

SEC. 426. BARS TO REFUGEE STATUS AND ASYLUM FOR SERIOUS HUMAN RIGHTS 
              VIOLATORS.

    (a) Refugee Defined.--Section 101(a)(42) (8 U.S.C. 1101(a)(42)) is 
amended by striking the second sentence and inserting ``The term 
`refugee' does not include any person who is a serious human rights 
violator as defined in section 101(a)(51)(A).''.
    (b) No Waiver of Ground of Inadmissibility for Refuge Seekers.--
Section 207(c)(3) (8 U.S.C. 1157(c)(3)) is amended by inserting ``or 
(2)(G)'' after ``(2)(C)''.
    (c) Exceptions to Granting Asylum.--Section 208(b)(2)(A)(i) (8 
U.S.C. 1158(b)(2)(A)(i)) is amended to read as follows:
                            ``(i) the alien is a serious human rights 
                        violator;''.
    (d) Extension to Spouses and Children of Exceptions to Granting 
Asylum.--Section 208(b)(3) of the Immigration and Nationality Act (8 
U.S.C. 1158(b)(3)) is amended by striking ``such alien.'' and inserting 
``such alien, unless the Secretary of Homeland Security determines that 
one of the exceptions in clauses (i) through (v) of paragraph (2)(A) 
applies to the spouse or child.''.

SEC. 427. BAR TO ADJUSTMENT OF STATUS FOR SERIOUS HUMAN RIGHTS 
              VIOLATORS.

    Section 209(c) (8 U.S.C. 1159(c)) is amended by inserting ``or 
(2)(G)'' after ``(2)(C)''.

SEC. 428. BAR TO FINDING OF GOOD MORAL CHARACTER FOR SERIOUS HUMAN 
              RIGHTS VIOLATORS.

    Section 101(f) (8 U.S.C. 1101(f)) is amended by inserting after 
paragraph (1) the following:
            ``(2) a serious human rights violator;''.

SEC. 429. BAR TO CANCELLATION OF REMOVAL FOR SERIOUS HUMAN RIGHTS 
              VIOLATORS.

    Section 240A(c)(4) (8 U.S.C. 2339b(c)(4)) is amended--
            (1) by striking ``section 212(a)(3)'' and inserting 
        ``paragraph (2)(G) or (3) of section 212(a)''; and
            (2) by striking ``section 237(a)(4).'' and inserting 
        ``paragraph (4) or (8) of section 237(a).''.

SEC. 430. BAR TO ADJUSTMENT OF STATUS WITH RESPECT TO CERTAIN SPECIAL 
              IMMIGRANTS.

    Section 245(h)(2)(B) (8 U.S.C. 1255(h)(2)(B)) is amended by 
inserting ``(2)(G),'' before ``(3)(A)''.

SEC. 431. CRIMINAL PENALTIES FOR REENTRY OF REMOVED SERIOUS HUMAN 
              RIGHTS VIOLATORS.

    Section 276(b) (8 U.S.C. 1326(b)) is amended--
            (1) in paragraph (3), by striking ``sentence. or'' and 
        inserting ``sentence;'';
            (2) in paragraph (4), by striking the period at the end and 
        inserting ``; or''; and
            (3) by inserting after paragraph (4) the following:
            ``(5) who was removed from the United States pursuant to 
        section 212(a)(2)(G) or 237(a)(8), and who thereafter, without 
        the permission of the Secretary of Homeland Security, enters, 
        attempts to enter, or is at any time found in, the United 
        States shall be fined under title 18, United States Code, 
        imprisoned not more than 10 years, or both.''.

SEC. 432. AIDING OR ASSISTING SERIOUS HUMAN RIGHTS VIOLATORS TO ENTER 
              THE UNITED STATES.

    Section 277 (8 U.S.C. 1327) is amended by striking ``felony)'' and 
inserting ``felony or is a serious human rights violator)''.

SEC. 433. REVISION OF REGULATIONS WITH RESPECT TO THE INVOLUNTARY 
              RETURN OF PERSONS IN DANGER OF SUBJECTION TO TORTURE.

    (a) Regulations.--
            (1) Revision deadline.--Not later than 120 days after the 
        date of the enactment of this Act, the Secretary of Homeland 
        Security shall revise the regulations prescribed by the 
        Secretary to implement the United Nations Convention Against 
        Torture and Other Forms of Cruel, Inhuman or Degrading 
        Treatment or Punishment, done at New York on December 10, 1984.
            (2) Exclusion of certain aliens.--The revision shall 
        exclude from the protection of such regulations aliens 
        described in section 241(b)(3)(B) of the Immigration and 
        Nationality Act (8 U.S.C. 1231(b)(3)(B)) (as amended by section 
        424 of this Act), including rendering such aliens ineligible 
        for withholding or deferral of removal under the Convention.
            (3) Burden of proof.--The revision shall also ensure that 
        the burden of proof is on the applicant for withholding or 
        deferral of removal under the Convention to establish by clear 
        and convincing evidence that he or she would be tortured if 
        removed to the proposed country of removal.
    (b) Judicial Review.--Notwithstanding any other provision of law, 
no court shall have jurisdiction to review the regulations adopted to 
implement this section, and nothing in this section shall be construed 
as providing any court jurisdiction to consider or review claims raised 
under the Convention or this section, except as part of the review of a 
final order of removal pursuant to section 242 of the Immigration and 
Nationality Act (8 U.S.C. 1252).

SEC. 434. FUNDING FOR DETENTION AND REMOVAL ASSISTANCE PROVIDED BY 
              STATE AND LOCAL LAW ENFORCEMENT AGENCIES.

    (a) The Secretary of Homeland Security shall reimburse verifiable 
claims submitted by a law enforcement agency of a State, or any 
political subdivision of a State, that were lawfully incurred for the 
emergency medical care, housing, and care in a secure facility, and the 
transportation into Federal custody at a location designated by the 
Secretary, of any alien detained as 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)), if--
            (1) transfer to Federal custody has occurred;
            (2)(A) a determination is subsequently made under section 
        240(c)(1) of the Immigration and Nationality Act (8 U.S.C. 
        1229a(c)(1)) that such alien is removable; or
            (B) a determination is made that the alien has permanently 
        departed the United States; and
            (3) reimbursement for all costs excepting transportation 
        costs is made according to per diem rates established by the 
        Secretary.
    (b) Per diem rates described in subparagraph (a)(3) shall be 
determined after public notice and comment.
    (c) In addition to funds otherwise available for such purpose, 
there are authorized to be appropriated to the Department of Homeland 
Security such sums as may be necessary to carry out subsection (a).

SEC. 435. EFFECTIVE DATE.

    This subtitle, and the amendments made by this subtitle, shall take 
effect on the date of the enactment of this Act and shall apply to 
violations occurring before (except for section 434 of this Act), on, 
or after such date.

 TITLE V--ENHANCING ENFORCEMENT OF THE IMMIGRATION AND NATIONALITY ACT 
                            IN THE INTERIOR

                     Subtitle A--Document Security

SEC. 501. SECURE TRAVEL DOCUMENTS.

    (a) In General.--Section 215 (8 U.S.C. 1185) is amended--
            (1) by adding at the end the following:
    ``(g)(1) The use by any person of any travel or identification 
document designated as insecure by the Secretary of Homeland Security 
(hereafter `the Secretary') for entry into or departure from the United 
States at any land, sea or air port of entry, is prohibited.
    ``(2) The use by any alien of any travel or identification document 
designated as insecure by the Secretary to identify such aliens for 
purposes of transportation of persons by public or private conveyance 
in interstate commerce is prohibited.
    ``(3) The Secretary may waive the prohibition in paragraph (1) for 
citizens and legal permanent residents of the United States whose 
identity has been verified by a designation or endorsement of such 
status on the identification document by a state or federal government 
agency.''; and
            (2) in subsection (c), by adding at the end the following: 
        ``The term `insecure travel or identification document' as used 
        in this section means a drivers license or identification card 
        issued by a state or any political subdivision thereof, or by a 
        consular representative or agent of a foreign government in the 
        United States, which appears on a list established and 
        maintained by the Secretary of documents which the Secretary 
        has determined may be issued to an alien who, on the date of 
        issuance of such document, is unlawfully present in the United 
        States after the expiration of the period of stay authorized by 
        the Secretary or is present in the United States without being 
        admitted or paroled.''.
    (b) Effective Dates.--
            (1) The Secretary shall issue the list of insecure 
        documents described in section 215(c) of the Immigration and 
        Nationality Act, as amended by subsection (a), not later than 
        60 days after the date of the enactment of this Act. Such list 
        shall be updated semiannually thereafter, or upon application 
        by any State or foreign government that has demonstrated to the 
        satisfaction of the Secretary that a travel or identification 
        document issued by such government is no longer insecure.
            (2) Section 215(g)(1) of such Act, as so amended, shall 
        take effect 60 days after issuance of such list of insecure 
        documents by the Secretary.
            (3) Section 215(g)(2) of such Act, as so amended, shall 
        take effect 90 days after the date of the enactment of this 
        Act.

SEC. 502. SOCIAL SECURITY CARDS.

    (a) Improvements to Card.--
            (1) In general.--For purposes of carrying out section 274A 
        of the Immigration and Nationality Act, the Commissioner of 
        Social Security (in this section referred to as the 
        ``Commissioner'') shall make such improvements to the physical 
        design, technical specifications, and materials of the social 
        security account number card as are necessary to ensure that it 
        is a genuine official document and that it offers the best 
        possible security against counterfeiting, forgery, alteration, 
        and misuse.
            (2) Performance standards.--In making the improvements 
        required in paragraph (1), the Commissioner shall--
                    (A) make the card as secure against counterfeiting 
                as the 100 dollar Federal Reserve note, with a rate of 
                counterfeit detection comparable to the 100 dollar 
                Federal Reserve note; and
                    (B) make the card as secure against fraudulent use 
                as a United States passport.
            (3) Definition.--In this section, the term ``secured social 
        security account number card'' means a social security account 
        number card issued in accordance with the requirements of this 
        paragraph.
            (4) Effective date.--All social security account number 
        cards issued after January 1, 2006, whether new or replacement, 
        shall be secured social security account number cards.
    (b) Not a National Identification Card.--Cards issued pursuant to 
this section shall not be required to be carried upon one's person, and 
nothing in this section shall be construed as authorizing the 
establishment of a national identification card.
    (c) Education Campaign.--The Secretary of Homeland Security, in 
consultation with the Commissioner of Social Security, shall conduct a 
comprehensive campaign to educate employers about the security features 
of the secured social security card and how to detect counterfeit or 
fraudulently used social security account number cards.
    (d) Annual Reports.--The Commissioner of Social Security shall 
submit to Congress by July 1 of each year a report on--
            (1) the progress and status of developing a secured social 
        security account number card under this section;
            (2) the incidence of counterfeit production and fraudulent 
        use of social security account number cards; and
            (3) the steps being taken to detect and prevent such 
        counterfeiting and fraud.
    (e) GAO Annual Audits.--The Comptroller General of the United 
States shall perform an annual audit, the results of which are to be 
presented to the Congress by January 1 of each of the 5 years following 
the date of the enactment of the Securing America's Future through 
Enforcement Reform Act of 2003, on the performance of the Social 
Security Administration in meeting the requirements in paragraph (1).
    (f) Expenses.--No costs incurred in developing and issuing cards 
under this section that are above the costs that would have been 
incurred for cards issued in the absence of this section shall be paid 
for out of any trust fund established under the Social Security Act. 
There are authorized to be appropriated such sums as may be necessary 
to carry out this section.

SEC. 503. CONSULAR IDENTIFICATION DOCUMENTS.

    (a) Acceptance of Foreign Identification Documents.--
            (1) In general.--No agency, commission, entity, or agent of 
        the executive or legislative branches of the federal government 
        may accept, acknowledge, recognize, or rely on for purposes of 
        personal identification any identification document issued by a 
        foreign government, unless otherwise mandated by Federal law.
                    (A) For purposes of this section, an agent shall 
                include:
                            (i) a Federal contractor or grantee;
                            (ii) a financial institution that is a 
                        member of the Federal Reserve System, described 
                        in 12 U.S.C. 321; or
                            (iii) an institution exempted from Federal 
                        income taxation described in 26 U.S.C. 501.
            (2) Exceptions.--
                    (A) A person who is not a citizen of the United 
                States may present for personal identification purposes 
                an official identification document issued by a foreign 
                government, or other foreign identification document 
                recognized by treaty, if--
                            (i) such noncitizen also simultaneously 
                        presents valid verifiable documentation of 
                        lawful presence in the United States issued by 
                        an agency of the Federal Government;
                            (ii) reporting a violation of law; or
                            (iii) such use is expressly permitted by 
                        Federal law.
                    (B) The provisions of paragraph (1) shall not apply 
                to inspections of alien applicants for admission to the 
                United States, nor to verification of personal 
                identification outside the United States.
            (3) Listing of acceptable documents.--The United States 
        Department of Homeland Security shall issue, maintain in 
        printed and electronic media, and disseminate to the public at 
        no cost an updated listing, compiled in consultation with the 
        United States Department of State, and including sample 
        facsimiles, of all acceptable federal documents that satisfy 
        the requirements of paragraph (2)(A). Such listing may, at the 
        discretion of the Secretary of Homeland Security, include a 
        similar listing of documents establishing employment 
        authorization or identity under section 274A(b) of the 
        Immigration and Nationality Act (8 U.S.C. 1324a(b)).
    (b) Section 274C of the Immigration and Nationality Act (8 U.S.C. 
1324c) is amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraph (6) as paragraph 
                (7); and
                    (B) by inserting after paragraph (5) the following:
            ``(6) to use to establish personal identity, before any 
        agent of the Federal Government, or before any agency of the 
        Federal Government or of a State or any political subdivision 
        therein, a travel or identification document issued by a 
        foreign government that is not accepted by the Secretary of 
        Homeland Security to establish personal identity for purposes 
        of admission to the United States at a port of entry, except 
        where a person who is not a citizen of the United States (A) 
        simultaneously presents valid verifiable documentation of 
        lawful presence in the United States issued by an agency of the 
        Federal Government, or (B) is reporting a violation of law, or 
        (C) such use is expressly permitted by Federal law.''; and
            (2) in subsection (d)--
                    (A) by redesignating paragraphs (2) though (7) as 
                paragraphs (3) through (8), respectively; and
                    (B) by inserting after paragraph (1) the following:
            ``(2) Every complete complaint of a violation described in 
        subsection (a) that has been filed by an entity described in 
        subsection (b), or by a private party aggrieved by such 
        violation, shall be promptly investigated. The Secretary of 
        Homeland Security shall issue a cease and desist order with 
        money penalty in each case determined after investigation to 
        constitute a violation under subsection (a).''.
    (c) Qualified Immunity.--Actions taken in violation of subsections 
(a) of this section, or section 274C of the Immigration and Nationality 
Act (8 U.S.C. 1324c), as amended by subsection (b), shall be deemed 
outside the official capacity of the elected official or officer, 
employee, or agent of a Federal agency so acting.

            Subtitle B--Employment Eligibility Verification

SEC. 511. EMPLOYMENT ELIGIBILITY VERIFICATION PROCESS AND ELIMINATION 
              OF EXAMINATION OF DOCUMENTATION REQUIREMENT.

    (a) In General.--Section 274A (8 U.S.C. 1324a) is amended--
            (1) in subsection (a)(1)(A), by striking ``for a fee'';
            (2) in subsection (a)(3)--
                    (A) by inserting ``(A)'' after
                ``Defense.--''; and
                    (B) by adding at the end the following:
            ``(B) Failure to seek and obtain verification.--In the case 
        of a hiring of an individual for employment in the United 
        States by a person or entity, the following requirements apply:
                    ``(i) Failure to seek verification.--
                            ``(I) In general.--If the person or entity 
                        has not made an inquiry, under the mechanism 
                        established under subsection (b)(4), seeking 
                        verification of the identity, social security 
                        number, and work eligibility of the individual, 
                        by not later than the end of 3 working days (as 
                        specified by the Secretary of Homeland 
                        Security) after the date of the hiring, the 
                        defense under subparagraph (A) shall not be 
                        considered to apply with respect to any 
                        employment after such 3 working days, except as 
                        provided in subclause (II).
                            ``(II) Special rule for failure of 
                        verification mechanism.--If such a person or 
                        entity in good faith attempts to make an 
                        inquiry during such 3 working days in order to 
                        qualify for the defense under subparagraph (A) 
                        and the verification mechanism has registered 
                        that not all inquiries were responded to during 
                        such time, the person or entity can make an 
                        inquiry until the end of the first subsequent 
                        working day in which the verification mechanism 
registers no nonresponses and qualify for such defense.
                    ``(ii) Failure to obtain verification.--If the 
                person or entity has made the inquiry described in 
                clause (i)(I) but has not received an appropriate 
                verification of such identity, number, and work 
                eligibility under such mechanism within the time period 
                specified under subsection (b)(4)(B) after the time the 
                verification inquiry was received, the defense under 
                subparagraph (A) shall not be considered to apply with 
                respect to any employment after the end of such time 
                period.'';
            (3) in subsection (b)(1)--
                    (A) by amending the paragraph heading to read as 
                follows:
            ``(1) Attestation.--''; and
                    (B) by amending subparagraph (A) to read as 
                follows:
                    ``(A) In general.--The person or entity must 
                attest, under penalty of perjury and on a form 
                designated or established by the Secretary of Homeland 
                Security by regulation, that it has verified that the 
                individual is not an unauthorized alien by obtaining 
                from the individual the individual's social security 
                account number and recording the number on the form (if 
                the individual claims to have been issued such a 
                number), and, if the individual does not attest to 
                United States citizenship under paragraph (2), 
                obtaining such identification or authorization number 
                established by the Department of Homeland Security for 
                the alien as the Secretary may specify, and recording 
                such number on the form.'';
            (4) in subsection (b)(2), by adding at the end the 
        following: ``The individual must also provide that individual's 
        social security account number (if the individual claims to 
        have been issued such a number), and, if the individual does 
        not attest to United States citizenship under this paragraph, 
        such identification or authorization number established by the 
        Department of Homeland Security for the alien as the Secretary 
        of Homeland Security may specify.''; and
            (5) by amending subsection (b)(3) to read as follows:
            ``(3) Retention of verification form and verification.--
                    ``(A) In general.--After completion of such form in 
                accordance with paragraphs (1) and (2), the person or 
                entity must--
                            ``(i) retain the form and make it available 
                        for inspection by officers of the Department of 
                        Homeland Security, the Special Counsel for 
                        Immigration-Related Unfair Employment 
                        Practices, or the Department of Labor during a 
                        period beginning on the date of the hiring, 
                        recruiting, or referral of the individual and 
                        ending--
                                    ``(I) in the case of the recruiting 
                                or referral for a fee (without hiring) 
                                of an individual, three years after the 
                                date of the recruiting or referral; and
                                    ``(II) in the case of the hiring of 
                                an individual, the later of--
                                            ``(aa) three years after 
                                        the date of such hiring; or
                                            ``(bb) one year after the 
                                        date the individual's 
                                        employment is terminated; and
                            ``(ii) make an inquiry, as provided in 
                        paragraph (4), using the verification system to 
                        seek verification of the identity and 
                        employment eligibility of an individual, by not 
                        later than the end of 3 working days (as 
                        specified by the Secretary of Homeland 
                        Security) after the date of the hiring (or 
                        recruitment or referral, as the case may be).
                    ``(B) Verification.--
                            ``(i) Verification received.--If the person 
                        or other entity receives an appropriate 
                        verification of an individual's identity and 
                        work eligibility under the verification system 
                        within the time period specified, the person or 
                        entity shall record on the form an appropriate 
                        code that is provided under the system and that 
                        indicates a final verification of such identity 
                        and work eligibility of the individual.
                            ``(ii) Tentative nonverification 
                        received.--If the person or other entity 
                        receives a tentative nonverification of an 
                        individual's identity or work eligibility under 
                        the verification system within the time period 
                        specified, the person or entity shall so inform 
                        the individual for whom the verification is 
                        sought. If the individual does not contest the 
                        nonverification within the time period 
                        specified, the nonverification shall be 
                        considered final. The person or entity shall 
                        then record on the form an appropriate code 
                        which has been provided under the system to 
                        indicate a tentative nonverification. If the 
                        individual does contest the nonverification, 
                        the individual shall utilize the process for 
                        secondary verification provided under paragraph 
                        (4). The nonverification will remain tentative 
                        until a final verification or nonverification 
                        is provided by the verification system within 
                        the time period specified. In no case shall an 
                        employer terminate employment of an individual 
                        because of a failure of the individual to have 
                        identity and work eligibility confirmed under 
                        this section until a nonverification becomes 
                        final. Nothing in this clause shall apply to a 
                        termination of employment for any reason other 
                        than because of such a failure.
                            ``(iii) Final verification or 
                        nonverification received.--If a final 
                        verification or nonverification is provided by 
                        the verification system regarding an 
                        individual, the person or entity shall record 
                        on the form an appropriate code that is 
                        provided under the system and that indicates a 
                        verification or nonverification of identity and 
                        work eligibility of the individual.
                            ``(iv) Extension of time.--If the person or 
                        other entity in good faith attempts to make an 
                        inquiry during such 3 working days and the 
                        verification system has registered that not all 
                        inquiries were received during such time, the 
                        person or entity may make an inquiry in the 
                        first subsequent working day in which the 
                        verification system registers that it has 
                        received all inquiries. If the verification 
                        system cannot receive inquiries at all times 
                        during a day, the person or entity merely has 
                        to assert that the entity attempted to make the 
                        inquiry on that day for the previous sentence 
                        to apply to such an inquiry, and does not have 
                        to provide any additional proof concerning such 
                        inquiry.
                            ``(v) Consequences of nonverification.--If 
                        the person or other entity has received a final 
nonverification regarding an individual, the person or entity shall 
terminate employment (or recruitment or referral) of the individual.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect 2 years after the date of the enactment of this Act. 
Retention of form requirements under section 274A(b)(3) of the 
Immigration and Nationality Act, as in effect before such effective 
date, shall remain in effect as if this section had not been enacted 
for forms completed before such effective date.

SEC. 512. EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM.

    (a) In General.-- Section 274A(b)(4) (8 U.S.C. 1324a(b)(4)) is 
amended to read as follows:
            ``(4) Employment eligibility verification system.--
                    ``(A) In general.--The Secretary of Homeland 
                Security shall establish a verification system through 
                which the Secretary (or a designee of the Secretary, 
                which may be a nongovernmental entity)--
                            ``(i) responds to inquiries made by persons 
                        at any time through a toll-free telephone line 
                        or other toll-free electronic media concerning 
                        an individual's identity and whether the 
                        individual is authorized to be employed; and
                            ``(ii) maintains records of the inquiries 
                        that were made, of verifications provided (or 
                        not provided), and of the codes provided to 
                        inquirers as evidence of their compliance with 
                        their obligations under this section.
                To the extent practicable, the Secretary shall seek to 
                establish such a system using one or more 
                nongovernmental entities.
                    ``(B) Initial response.--The verification system 
                shall provide verification or a tentative 
                nonverification of an individual's identity and 
                employment eligibility within 3 working days of the 
                initial inquiry. If providing verification or tentative 
                nonverification, the verification system shall provide 
                an appropriate code indicating such verification or 
                such nonverification.
                    ``(C) Secondary verification process in case of 
                tentative nonverification.--In cases of tentative 
                nonverification, the Secretary of Homeland Security 
                shall specify, in consultation with the Commissioner of 
                Social Security, an available secondary verification 
                process to confirm the validity of information provided 
                and to provide a final verification or nonverification 
                within 7 working days after the date of the tentative 
                nonverification. When final verification or 
                nonverification is provided, the verification system 
                shall provide an appropriate code indicating such 
                verification or nonverification.
                    ``(D) Design and operation of system.--The 
                verification system shall be designed and operated--
                            ``(i) to maximize its reliability and ease 
                        of use by persons and other entities consistent 
                        with insulating and protecting the privacy and 
                        security of the underlying information;
                            ``(ii) to respond to all inquiries made by 
                        such persons and entities on whether 
                        individuals are authorized to be employed and 
                        to register all times when such inquiries are 
                        not received;
                            ``(iii) with appropriate administrative, 
                        technical, and physical safeguards to prevent 
                        unauthorized disclosure of personal 
                        information; and
                            ``(iv) to have reasonable safeguards 
                        against the system's resulting in unlawful 
                        discriminatory practices based on national 
                        origin or citizenship status, including--
                                    ``(I) the selective or unauthorized 
                                use of the system to verify 
                                eligibility;
                                    ``(II) the use of the system prior 
                                to an offer of employment; or
                                    ``(III) the exclusion of certain 
                                individuals from consideration for 
                                employment as a result of a perceived 
                                likelihood that additional verification 
                                will be required, beyond what is 
                                required for most job applicants.
                    ``(E) Responsibilities of the commissioner of 
                social security.--As part of the verification system, 
                the Commissioner of Social Security, in consultation 
                with the entity responsible for administration of the 
                system, shall establish a reliable, secure method, 
                which, within the time periods specified under 
                subparagraphs (B) and (C), verifies, for each 
                individual whose identity and employment eligibility 
                must be confirmed under this section, the individual's 
                name and social security account number, the 
                correspondence of the name and number, and whether the 
                social security number presented is valid for 
                employment. The Commissioner shall not disclose or 
                release social security information (other than such 
                verification or nonverification). If, in carrying out 
                this subparagraph, the Commissioner becomes aware of a 
                suspicious pattern of use of a social security account 
                number, the Commissioner shall investigate such 
                suspicious pattern, or shall notify the Secretary of 
                Homeland Security of it. Nothing in the Social Security 
                Act or any other provision of law shall be construed to 
                prevent the Commissioner from so notifying the 
                Secretary. Upon receipt of such notification, the 
                Secretary shall investigate in lieu of the 
                Commissioner.
                    ``(F) Responsibilities of the secretary of homeland 
                security.--As part of the verification system, the 
                Secretary of Homeland Security, in consultation with 
                the entity responsible for administration of the 
                system, shall establish a reliable, secure method, 
                which, within the time periods specified under 
                subparagraphs (B) and (C), compares the name and alien 
                identification or authorization number which are 
                provided in an inquiry against such information 
                maintained by the Secretary in order to validate (or 
                not validate) the information provided, the 
                correspondence of the name and number, and whether the 
                alien is authorized to be employed in the United 
                States.
                    ``(G) Updating information.--The Commissioner of 
                Social Security and the Secretary of Homeland Security 
                shall update their information in a manner that 
                promotes the maximum accuracy and shall provide a 
                process for the prompt correction of erroneous 
                information, including instances in which it is brought 
                to their attention in the secondary verification 
                process described in subparagraph (C).
                    ``(H) Limitation on use of the verification system 
                and any related systems.--Nothing in this paragraph 
                shall be construed to authorize, directly or 
                indirectly, the issuance or use of national 
                identification cards or the establishment of a national 
                identification card.
                    ``(I) Federal tort claims act.--If an individual 
                alleges that the individual would not have been 
                dismissed from a job but for an error of the 
verification mechanism, the individual may seek compensation only 
through the mechanism of the Federal Tort Claims Act, and injunctive 
relief to correct such error. No class action may be brought under this 
subparagraph.
                    ``(J) Protection from liability for actions taken 
                on the basis of information.--No person or entity shall 
                be civilly or criminally liable for any action taken in 
                good faith reliance on information provided through the 
                employment eligibility verification mechanism 
                established under this paragraph.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect 2 years after the date of the enactment of this Act.

SEC. 513. NOTIFICATION BY COMMISSIONER OF FAILURE TO CORRECT SOCIAL 
              SECURITY INFORMATION.

    The Commissioner of Social Security shall promptly notify the 
Secretary of Homeland Security of the failure of any individual to 
provide, upon any request of the Commissioner made pursuant to section 
205(c)(2) of the Social Security Act (42 U.S.C. 405(c)(2)), evidence 
necessary, under such section--
            (1) to establish the age, citizenship, or alien status of 
        the individual;
            (2) to establish such individual's true identity; or
            (3) to determine which (if any) social security account 
        number has previously been assigned to such individual.

SEC. 514. PROTECTION FOR INDIVIDUALS REPORTING IMMIGRATION LAW 
              VIOLATIONS.

    Section 274B(A)(5) of the Immigration and Nationality Act (8 U.S.C. 
1324b(A)(5)) is amended by adding at the end the following: 
``Notwithstanding any other provision of law, the rights protected by 
this paragraph include the right of any individual to report a 
violation or suspected violation of any immigration law to the 
Department of Homeland Security or a law enforcement agency.''.

                       Subtitle C--Miscellaneous

SEC. 521. INCREASED INVESTIGATIVE PERSONNEL.

    (a) Bringing In and Harboring Certain Aliens; Unlawful Employment 
of Aliens.--
            (1) Authorization of appropriations.--There are authorized 
        to be appropriated such funds as may be necessary to enable the 
        Secretary of Homeland Security to increase, above the number 
        specified in section 101(a)(2) of the Enhanced Border Security 
        and Visa Entry Reform Act of 2002 (Public Law 107-173), the 
        number of investigators and support personnel to investigate 
        potential violations of sections 274 and 274A of the 
        Immigration and Nationality Act (8 U.S.C. 1324 and 1324a), 
        other than alien smuggling, by a number equivalent to--
                    (A) 250 full-time active-duty investigators in each 
                of fiscal years 2004 through 2007; and
                    (B) 100 full-time active-duty investigators in each 
                of fiscal years 2008 through 2011.
            (2) Allocation.--At least one-half of the investigators 
        hired with funds made available under paragraph (1) shall be 
        assigned to investigate potential violations of section 274A of 
        the Immigration and Nationality Act.
    (b) Visa Overstays.--There are authorized to be appropriated such 
funds as may be necessary to enable the Secretary of Homeland Security 
to increase, above the number specified in section 101(a)(2) of the 
Enhanced Border Security and Visa Entry Reform Act of 2002 (Public Law 
107-173), the number of investigator and support personnel to 
investigate aliens who remain in the United States beyond the period of 
stay authorized under their visa by a number equivalent to--
            (1) 250 full-time active-duty investigators in each of 
        fiscal years 2004 through 2007; and
            (2) 100 full-time active-duty investigators in each of 
        fiscal years 2008 through 2011.

SEC. 522. EXPEDITED EXCLUSION.

    Section 235(b)(1)(A) (8 U.S.C. 1225(b)(1)(A)) is amended by 
striking clauses (i) through (iii) and inserting the following:
                            ``(i) In general.--If an immigration 
                        officer determines that an alien (other than an 
                        alien described in subparagraph (F)) who is 
                        arriving in the United States, or who has not 
                        been admitted or paroled into the United States 
                        and has not been physically present in the 
                        United States continuously for the 5-year 
                        period immediately prior to the date of the 
                        determination of inadmissibility under this 
                        paragraph, is inadmissible under section 
                        212(a)(6)(C) or 212(a)(7), the officer shall 
                        order the alien removed from the United States 
                        without further hearing or review, unless--
                                    ``(I) the alien has been charged 
                                with a crime; or
                                    ``(II) the alien indicates an 
                                intention to apply for asylum under 
                                section 208 or a fear of persecution 
                                and the officer determines that the 
                                alien has been physically present in 
                                the United States for less than 1 year.
                            ``(ii) Claims for asylum.--If an 
                        immigration officer determines that an alien 
                        (other than an alien described in subparagraph 
                        (F)) who is arriving in the United States, or 
                        who has not been admitted or paroled into the 
                        United States and has not been physically 
                        present in the United States continuously for 
                        the 5-year period immediately prior to the date 
                        of the determination of inadmissibility under 
                        this paragraph, is inadmissible under section 
                        212(a)(6)(C) or 212(a)(7), and the alien 
                        indicates either an intention to apply for 
                        asylum under section 208 or a fear of 
                        persecution, the officer shall refer the alien 
                        for an interview by an asylum officer under 
                        subparagraph (B) if the officer determines that 
                        the alien has been physically present in the 
                        United States for less than 1 year.''.

SEC. 523. ADJUSTMENT OF STATUS FOR CERTAIN ALIENS.

    (a) Ineligibility for Adjustment of Status.--Section 245(c) (8 
U.S.C. 1255(c)) is amended by striking ``(other than an immediate 
relative as defined in section 201(b) or a special immigrant described 
in section 101(a)(27)(H), (I), (J), or (K))''.
    (b) Inapplicability of Certain Provisions for Certain Immigrants.--
Section 245(k) (8 U.S.C. 1255(k)) is amended to read as follows:
    ``(k) Inapplicability of Certain Provisions for Certain 
Immigrants.--An alien who is eligible to receive an immigrant visa 
under paragraph (1), (2), or (3) of section 203(b), as an immediate 
relative as defined in section 201(b), or, in the case of an alien who 
is an immigrant described in subparagraph (C), (H), (I), (J), or (K) of 
section 101(a)(27), under section 203(b)(4), may adjust status pursuant 
to subsection (a) and notwithstanding paragraphs (2), (7), and (8) of 
subsection (c), if--
            ``(1) the alien, on the date of filing an application for 
        adjustment of status, is present in the United States pursuant 
        to a lawful admission; and
            ``(2) the alien, subsequent to such lawful admission has 
        not, for an aggregate period exceeding 180 days--
                    ``(A) failed to maintain continuously a lawful 
                status;
                    ``(B) engaged in unauthorized employment; or
                    ``(C) otherwise violated the terms and conditions 
                of the alien's admission.''.

SEC. 524. TERMINATION OF CONTINUOUS PRESENCE FOR PURPOSES OF 
              CANCELLATION OF REMOVAL UPON COMMISSION OF OFFENSE 
              RENDERING ALIEN INADMISSIBLE OR DEPORTABLE.

    (a) In General.--Section 240A(d)(1) (8 U.S.C. 1229b(d)(1)) is 
amended by striking ``referred to in section 212(a)(2)''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to aliens who are in proceedings under the Immigration and 
Nationality Act on or after the date of the enactment of this Act if 
those proceedings have not resulted in a final administrative order 
before such date.

SEC. 525. REENTRY OF REMOVED ALIENS.

    (a) In General.--Section 276(a) (8 U.S.C. 1326(a)) is amended to 
read as follows:
    ``Sec. 276. (a) Subject to subsection (b), any alien shall be fined 
under title 18, United States Code, or imprisoned not more than 2 
years, or both, who--
            ``(1) has been denied admission, excluded, deported, or 
        removed or has departed the United States while an order of 
        exclusion, deportation, or removal is outstanding; and
            ``(2) thereafter enters, attempts to enter, or is at any 
        time found in, the United States,
unless, in the case of an alien previously denied admission and 
removed, the alien establishes that the alien was not required to 
obtain from the Secretary of Homeland Security advance consent to 
reapply for admission under this Act or any prior Act.''.
    (b) Criminal Penalties for Reentry of Certain Removed Aliens.--
Section 276(b) (8 U.S.C. 1326(b)) is amended--
            (1) in paragraph (3), by striking ``sentence.'' and 
        inserting ``sentence;''; and
            (2) in paragraph (4), by striking ``(unless the Secretary 
        of Homeland Security has expressly consented to such alien's 
        reentry)''.
    (c) Reentry of Aliens Removed Prior to Completion of 
Imprisonment.--Section 276(c) (8 U.S.C. 1326(c)) is amended--
            (1) by inserting ``(as in effect prior to the effective 
        date of the amendments made by section 305 of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 1996), 
        or removed under section 241(a)(4),'' after ``242(h)(2)'';
            (2) by striking ``(unless the Secretary of Homeland 
        Security has expressly consented to such alien's reentry)'';
            (3) by inserting ``or removal'' after ``time of 
        deportation''; and
            (4) by inserting ``or removed'' after ``reentry of 
        deported''.
    (d) Challenge to Validity of Order.--Section 276(d) (8 U.S.C. 
1326(d)) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``deportation order'' and inserting ``deportation or removal 
        order''; and
            (2) in paragraph (2), by inserting ``or removal'' after 
        ``deportation''.
    (e) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
criminal proceedings involving aliens who enter, attempt to enter, or 
are found in the United States, after such date.

SEC. 526. CRIMINAL AND CIVIL PENALTIES FOR ENTRY OF ALIENS AT IMPROPER 
              TIME OR PLACE, AVOIDANCE OF EXAMINATION OR INSPECTION, 
              UNLAWFUL PRESENCE, AND MISREPRESENTATION OR CONCEALMENT 
              OF FACTS.

    Section 275 (8 U.S.C. 1325) is amended to read as follows:

``criminal and civil penalties for entry of aliens at improper time or 
 place, avoidance of examination or inspection, unlawful presence, and 
               misrepresentation or concealment of facts

    ``Sec. 275. (a) Entry at Improper Time or Place; Avoidance of 
Examination or Inspection; Unlawful Presence; Misrepresentation or 
Concealment of Facts.--Any alien who--
            ``(1) enters or attempts to enter the United States at any 
        time or place other than as designated by immigration officers;
            ``(2) eludes examination or inspection by immigration 
        officers;
            ``(3) is knowingly unlawfully present in the United States 
        for an aggregate period of more than 180 days; or
            ``(4) attempts to enter or obtains entry to the United 
        States by a willfully false or misleading representation or the 
        willful concealment of a material fact,
shall, for the first commission of any such offense, be fined under 
title 18, United States Code, or imprisoned not more than 2 years, or 
both, and, for a subsequent commission of any such offense, be fined 
under title 18, United States Code, or imprisoned not more than 10 
years, or both.
    ``(b) Improper Time or Place; Civil Penalties.--Any alien who is 
apprehended while entering (or attempting to enter) the United States 
at a time or place other than as designated by immigration officers 
shall be subject to a civil penalty of--
            ``(1) at least $100 and not more than $10,000 for each such 
        entry (or attempted entry); or
            ``(2) three times the amount specified in paragraph (1) in 
        the case of an alien who has been previously subject to a civil 
        penalty under this subsection.
Civil penalties under this subsection are in addition to, and not in 
lieu of, any criminal or other civil penalties that may be imposed.
    ``(c) Marriage Fraud.--An individual who knowingly enters into a 
marriage for the purpose of evading any provision of the immigration 
laws shall be fined not more than $1,000,000, imprisoned not more than 
15 years, or both.
    ``(d) Immigration-Related Entrepreneurship Fraud.--Any individual 
who knowingly established a commercial enterprise for the purpose of 
evading any provision of the immigration laws shall be fined under 
title 18, United States Code, or imprisoned not more than 15 years, or 
both.''.

SEC. 527. COMMUNICATION BETWEEN GOVERNMENT AGENCIES AND THE DEPARTMENT 
              OF HOMELAND SECURITY.

    Section 642 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1373) is amended by adding at the 
end the following:
    ``(d) Enforcement.--
            ``(1) Ineligibility for federal law enforcement aid.--Upon 
        a determination that any person, or any Federal, State, or 
        local government agency or entity, is in violation of 
        subsection (a) or (b), the Attorney General shall not provide 
        to that person, agency, or entity any grant amount pursuant to 
        any law enforcement grant program carried out by any element of 
        the Department of Justice, including the program under section 
        241(i) of the Immigration and Nationality Act (8 U.S.C. 
        241(i)), or pursuant to any grant program authorized under 
title I of the Housing and Community Development Act of 1974 (42 U.S.C. 
5301 et seq.), and shall ensure that no such grant amounts are 
provided, directly or indirectly, to such person, agency, or entity. In 
the case of grant amounts that otherwise would be provided to such 
person, agency, or entity pursuant to a formula, such amounts shall be 
reallocated among eligible recipients.
            ``(2) Violations by government officials.--In any case in 
        which a Federal, State, or local government official is in 
        violation of subsection (a) or (b), the government agency or 
        entity that employs (or, at the time of the violation, 
        employed) the official shall be subject to the sanction under 
        paragraph (1).
            ``(3) Duration.--The sanction under paragraph (1) shall 
        remain in effect until the Secretary of Homeland Security 
        determines that the person, agency, or entity has ceased 
        violating subsections (a) and (b).''.

SEC. 528. EXCEPTION TO REMOVAL FOR CERTAIN ALIENS.

    (a)(1) Section 214(o) (8 U.S.C. 1184(o)) (as redesignated by 
section 204 of this Act) is amended by adding at the end the following 
new paragraph:
    ``(4) No alien shall be eligible for admission to the United States 
under section 101(a)(15)(T) if there is a substantial reason to believe 
that the alien voluntarily came to the United States, except that if 
the alien is or has been a victim of a severe form of trafficking in 
the form of sex trafficking, the alien shall be eligible for admission 
under such section unless the alien knew or reasonably should have 
known when coming to the United States that the alien would be expected 
to perform commercial sex acts.''.
    (2) Section 245(l) (8 U.S.C. 1255(l)), as added by section 107(f) 
of Public Law 106-386, is amended--
            (A) in paragraph (1)(C)(i), by striking ``or'' at the end 
        and inserting ``and'';
            (B) by redesignating--
                    (i) paragraphs (3) and (4) as paragraphs (4) and 
                (5), respectively; and
                    (ii) the second paragraph (2) as paragraph (3);
            (C) in paragraph (2)(B), by striking ``(3), (10)(C), and 
        (10(E)), if the activities rendering the alien inadmissible 
        under the provision were caused by, or were incident to,'' and 
        inserting ``(2), (3), (8), (9)(A), (10)(C), (10)(D), and 
        (10)(E)), if the activities rendering the alien inadmissible 
        under the provision were caused by''; and
            (D) by amending paragraph (5) (as so redesignated) to read 
        as follows:
    ``(5) Upon the approval of adjustment of status under paragraph 
(1), the Secretary of Homeland Security shall record the alien's lawful 
admission for permanent residence as of the date of such approval and 
the Secretary of State shall reduce by one the number of visas 
authorized to be issued under sections 201(d) and 203(b)(4) for the 
fiscal year then current, unless the number of remaining visas 
authorized to be issued under section 203(b)(4) for such year is zero, 
in which case such reductions shall not be made.''.
    (b)(1) Section 101(a)(15)(U)(iii) (8 U.S.C. 1101(a)(15)(U)(iii)) is 
amended to read as follows:
            ``(iii) the criminal activity referred to in this clause is 
        that involving 1 or more of the following or any similar 
        activity in violation of Federal, State, or local criminal law: 
        rape; incest; domestic violence, sexual assault; abusive sexual 
        contact; sexual exploitation; female genital mutilation; or 
        attempt or conspiracy to commit any of the above mentioned 
        crimes; or''.
    (2) Section 204(a)(1)(C) (8 U.S.C. 1154(a)(1)(C)) is amended by 
inserting ``directly'' before ``connected''.
    (3) Section 214(p)(1) (8 U.S.C. 1184(p)(1)) (as redesignated by 
section 204 of this Act) is amended by striking ``This certification 
may also be provided by an official of the Department of Homeland 
Security whose ability to provide such certification is not limited to 
information concerning immigration violations.''.
    (4) Section 237(a)(1)(H) (8 U.S.C. 1227(a)(1)(H)) is amended--
            (A) by striking clause (ii);
            (B) in clause (i), by striking ``(I)''; and
            (C) by redesignating subclause (II) as clause (ii).
    (5) Section 240A (8 U.S.C. 1229b) is amended--
            (A) in subsection (b)(2)(A)(ii), by striking ``, and the 
        issuance of a charging document for removal proceedings shall 
        not toll the 3-year period of continuous physical presence in 
        the United States'';
            (B) by amending subsection (b)(2)(A)(iv) to read as 
        follows:
                            ``(iv) the alien is not inadmissible under 
                        paragraph (2), (3), (8), (9)(A), (10)(C), 
                        (10)(D), or (10)(E) of section 212(a), is not 
                        deportable under paragraph (1)(E), (1)(G), or 
                        (2) through (4) of section 237(a) (except in a 
                        case described in section 237(a)(7) where the 
                        Secretary of Homeland Security exercises 
                        discretion to grant a waiver), and has not been 
                        convicted of an aggravated felony; and''; and
            (C) in subsection (b)(2)(B)--
                    (i) by inserting ``direct'' before ``connection 
                between the absence'';
                    (ii) by inserting ``directly'' before ``connected 
                to the battering or extreme''; and
                    (iii) in the third sentence, by inserting ``battery 
                or cruelty-related'' before ``absences or portions of 
                the absences'';
                    (iv) in subsection (b)(2)(C), by inserting 
                ``directly'' before ``connected'';
                    (v) in subsection (b)(4)(A), by striking ``shall'' 
                and inserting ``may''; and
                    (vi) in subsection (d)(1), by striking ``except in 
                the case of an alien who applies for cancellation of 
                removal under subsection (b)(2),''.
    (6) Section 245 (8 U.S.C. 1255) is amended by redesignating the 
subsection (l) that was added by section 1513(f) of Public Law 106-386 
as subsection (m) and in such redesignated subsection--
            (A) in paragraph (1)--
                    (i) in the matter preceding subparagraph (A), by 
                striking ``section 212(a)(3)(E), unless the Attorney 
                General determines based on affirmative evidence'' and 
                inserting ``paragraph (2), (3), (8), (9)(A), (10)(C), 
                (10)(D), or (10)(E) of section 212(a), unless the 
                Attorney General determines'';
                    (ii) by striking ``and'' at the end of subparagraph 
                (A);
                    (iii) by striking subparagraph (B) and inserting 
                the following:
            ``(B) the alien has, throughout such period, been a person 
        of good moral character; and
            ``(C) in the opinion of the Secretary of Homeland Security, 
        the alien or the alien's spouse, parent, or child, who is a 
        citizen of the United States or an alien lawfully admitted for 
        permanent residence, would suffer extreme hardship.'';
            (B) in paragraph (2), by striking ``or unless an official 
        involved in the investigation or prosecution certifies that the 
        absence was otherwise justified''; and
            (C) by amending paragraph (4) to read as follows:
    ``(4) Upon the approval of adjustment of status under paragraph (1) 
or (3), the Secretary of Homeland Security shall record the alien's 
lawful admission for permanent residence as of the date of such 
approval and the Secretary of State shall reduce by one the number of 
visas authorized to be issued under sections 201(d) and 203(b)(4) for 
the fiscal year then current, unless the number of remaining visas 
authorized to be issued under section 203(b)(4) for such year is zero, 
in which case such reductions shall not be made.''.

SEC. 529. DETENTION FACILITIES.

    (a) Increasing Number of Detention Beds.--Subject to the 
availability of appropriations, the Secretary of Homeland Security 
shall provide for a doubling in the detention beds of the Department of 
Homeland Security over the number existing on the date of the enactment 
of this Act by the end of fiscal year 2005.
    (b) Places of Detention for Aliens Arrested Pending Examination and 
Decision on Removal.--Section 241(g) (8 U.S.C. 1231(g)) is amended by 
adding at the end the following:
            ``(3) Policy on detention in state and local detention 
        facilities.--In carrying out paragraph (1), the Secretary of 
        Homeland Security shall ensure that an alien arrested under 
        section 287(a) may be detained, pending the alien's being taken 
        for the examination described in such section, in a State or 
        local prison, jail, detention center, or other comparable 
        facility, if--
                    ``(A) such facility is the most suitably located 
                Federal, State, or local facility available for such 
                purpose under the circumstances;
                    ``(B) an appropriate arrangement for such use of 
                the facility can be made; and
                    ``(C) such facility satisfies the standards for the 
                housing, care, and security of persons held in custody 
                of a United States marshal.''.

SEC. 530. VOLUNTARY DEPARTURE.

    (a) In General.--Section 240B (8 U.S.C. 1229c) is amended to read 
as follows:

                         ``voluntary departure

    ``Sec. 240B. (a) In Lieu of Proceedings.--The Secretary of Homeland 
Security may permit an alien voluntarily to depart the United States at 
the alien's own expense under this subsection, in lieu of being subject 
to proceedings under section 240 and in lieu of applying for another 
form of relief from removal, if the alien is not deportable under 
paragraph (2)(A)(iii) or (4)(B) of section 237(a). Permission to depart 
voluntarily under this subsection shall not be valid for a period 
exceeding 90 days and cannot be extended. The Secretary of Homeland 
Security shall require an alien permitted to depart voluntarily under 
this subsection to post a voluntary departure bond, in an amount 
necessary to ensure that the alien will depart, to be surrendered upon 
proof that the alien has departed the United States within the time 
specified.
    ``(b) Prior to Scheduling Merits Hearing.--The Secretary of 
Homeland Security may permit an alien voluntarily to depart the United 
States at the alien's own expense under this subsection prior to the 
scheduling of the first merits hearing, in lieu of applying for another 
form of relief from removal, if the alien is not deportable under 
paragraph (2)(A)(iii) or (4)(B) of section 237(a). Permission to depart 
voluntarily under this subsection shall not be valid for a period 
exceeding 60 days and cannot be extended. The Secretary shall require 
an alien permitted to depart voluntarily under this subsection to post 
a voluntary departure bond, in an amount necessary to ensure that the 
alien will depart, to be surrendered upon proof that the alien has 
departed the United States within the time specified.
    ``(c) Once First Merits Hearing Scheduled.--
            ``(1) In general.--Once the first merits hearing has been 
        scheduled under section 240, the Secretary of Homeland Security 
        may permit an alien voluntarily to depart the United States at 
        the alien's own expense under this subsection, in lieu of 
        pursuing another form of relief from removal, if the 
        immigration judge enters an order granting voluntary departure 
        in lieu of removal and finds that--
                    ``(A) the alien has been physically present in the 
                United States for a period of at least one year 
                immediately preceding the date the notice to appear was 
                served under section 239(a);
                    ``(B) the alien is, and has been, a person of good 
                moral character for at least 5 years immediately 
                preceding the alien's application for voluntary 
                departure;
                    ``(C) the alien is not deportable under paragraph 
                (2)(A)(iii) or (4)(B) of section 237(a); and
                    ``(D) the alien has established by clear and 
                convincing evidence that the alien has the means to 
                depart the United States and intends to do so.
            ``(2) Period.--Permission to depart voluntarily under this 
        subsection shall not be valid for a period exceeding 30 days 
        and cannot be extended.
            ``(3) Bond.--The Secretary of Homeland Security shall 
        require an alien permitted to depart voluntarily under this 
        subsection to post a voluntary departure bond, in an amount 
        necessary to ensure that the alien will depart, to be 
        surrendered upon proof that the alien has departed the United 
        States within the time specified.
    ``(d) Aliens Not Eligible.--The Secretary of Homeland Security 
shall not permit an alien to depart voluntarily under this section if 
the alien was previously permitted to depart voluntarily under section 
244(e) or this section, or to voluntarily return, at any time.
    ``(e) Civil Penalty for Failure To Depart.--If an alien is 
permitted to depart voluntarily under this section and fails 
voluntarily to depart the United States within the time period 
specified, the alien shall be subject to a civil penalty of not less 
than $1,000 and not more than $5,000, and be ineligible for a period of 
10 years for any further relief under this section and sections 240A, 
245, 248, and 249. The order permitting the alien to depart voluntarily 
shall inform the alien of the penalties under this subsection.
    ``(f) Additional Conditions.--The Secretary of Homeland Security 
may by regulation limit eligibility for voluntary departure under this 
section for any class or classes of aliens. No court may review any 
regulation issued under this subsection.
    ``(g) Treatment of Aliens Arriving in the United States.--In the 
case of an alien who is arriving in the United States and with respect 
to whom proceedings under section 240 are (or would otherwise be) 
initiated at the time of such alien's arrival, subsections (a) through 
(c) shall not apply. Nothing in this paragraph shall be construed as 
preventing such an alien from withdrawing the application for admission 
in accordance with section 235(a)(4).
    ``(h) Review.--There shall be no administrative or judicial review 
of a denial of a request for an order of voluntary departure. No court 
or agency shall order a stay of an alien's removal pending 
consideration of any claim with respect to voluntary departure. The 
order permitting the alien to depart voluntarily shall inform the alien 
that the alien has no right to appeal any issue relating to the removal 
proceeding.''.
    (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 
aliens who are in proceedings under the Immigration and Nationality Act 
on or after such date if those proceedings have not resulted in a final 
administrative order before such date.

SEC. 531. CANCELLATION OF REMOVAL.

    Section 240(A)(c) is amended by adding at the end the following:
            ``(7) An alien who is inadmissible under section 
        212(a)(9)(B)(i).''.

SEC. 532. EXPEDITED REMOVAL OF CRIMINAL ALIENS.

    (a) In General.--Section 238 (8 U.S.C. 1228) is amended--
            (1) by amending the section heading to read as follows:

               ``expedited removal of criminal aliens'';

            (2) in subsection (a), by amending the subsection heading 
        to read as follows: ``Expedited Removal from Correctional 
        Facilities.--'';
            (3) in subsection (b), by amending the subsection heading 
        to read as follows: ``Removal of Criminal Aliens.--'';
            (4) in subsection (b), by striking paragraphs (1) and (2) 
        and inserting the following:
            ``(1) In general.-- The Secretary may, in the case of an 
        alien described in paragraph (2), determine the deportability 
        of such alien and issue an order of removal pursuant to the 
        procedures set forth in this subsection or section 240.
            ``(2) Aliens described.-- An alien is described in this 
        paragraph if the alien, whether or not admitted into the United 
        States, was convicted of any criminal offense described in 
        subparagraph (A)(iii), (C), or (D) of section 237(a)(2).'';
            (5) in the first subsection (c) (relating to presumption of 
        deportability), by striking ``convicted of an aggravated 
        felony'' and inserting ``described in paragraph (b)(2)'';
            (6) by redesignating the second subsection (c) (relating to 
        judicial removal) as subsection (d); and
            (7) in subsection (d)(5) (as so redesignated), and by 
        striking ``, who is deportable under this Act,''.
    (b) Limit on Injunctive Relief.--Section 242(f)(2) (8 U.S.C. 
1252(f)(2)) is amended by inserting ``or stay, whether temporarily or 
otherwise,'' after ``enjoin''.

SEC. 533. SUBJECT TO THE JURISDICTION DEFINED.

    Section 101(c) (8 U.S.C. 1101(c)) is amended by adding at the end 
the following:
            ``(3) The term `subject to the jurisdiction of the United 
        States' means that, at the time of birth in the United States, 
        the mother or the father of the child, excluding aliens 
        classified under subparagraph (A) or (G) of section 101(a)(15), 
        resided lawfully therein.''.

SEC. 534. CLAIMS FOR SERVICES PERFORMED BY UNAUTHORIZED ALIENS.

    Title II (8 U.S.C. 1151 et seq.) is amended by inserting after 
section 271 the following:

  ``claims arising from services of aliens without work authorization

    ``Sec. 271A. (a) In General.--It shall be unlawful for any person, 
entity or enterprise, including any employer, contractor, employee, or 
independent contractor, to claim any deduction, credit, benefit, 
subsidy, rebate, grant or other payment otherwise authorized by any 
provision of the United States Code, including the Internal Revenue 
Code, derived from compensation in any form for labor or personal 
services provided in the United States that was paid to or on behalf of 
a person, knowingly or in reckless disregard of the fact that such 
person was, at the time such labor or services were performed, an 
unauthorized alien (as defined in section 274A(h)(3)).
    ``(b) Enforcement.--
            ``(1) Where any claim described in subsection (a) made by a 
        person, entity, or enterprise amount in aggregate to $50,000 or 
        more, a right of action shall exist for a State or local 
        government agency or a private party to recover such sums on 
        behalf of the United States.
            ``(2) A complaint described in subparagraph (i) shall be 
        made in writing under oath or affirmation to the Chief 
        Administrative Hearing Officer of the Executive Office for 
        Immigration Review.
            ``(3) No complaint may be filed in which all alleged 
        violations occurred more than two years prior to the filing of 
        the complaint.
            ``(4) A prevailing private party acting on behalf of the 
        United States shall be awarded 25 percent from any sums 
        recovered.
            ``(5) Adjudication of a complaint shall proceed under the 
        provisions of the Administrative Procedure Act (5 U.S.C. 551 et 
        seq.).
            ``(6) The administrative law judge may grant the prevailing 
        party reasonable attorney's fees if the judge determines that 
        the opposing party's argument was without reasonable basis in 
        law and fact.''.

SEC. 535. RESTRICTION ON WARRANTLESS ENTRY.

    (a) In General.--Sction 287(e) (8 U.S.C. 1357(e)) is amended by 
inserting ``that is an active participant in an employment verification 
system approved by the Secretary of Homeland Security'' after ``farm or 
other outdoor agricultural operation''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date described in section 511(b).

TITLE VI--ELIMINATING EXCESSIVE REVIEW AND DILATORY AND ABUSIVE TACTICS 
                    BY ALIENS IN REMOVAL PROCEEDINGS

SEC. 601. FRIVOLOUS APPLICATIONS.

    (a) In General.--Paragraph (6) of section 208(d) (8 U.S.C. 1158(d)) 
is amended by adding at the end the following new sentence: ``As used 
in this section, the term `frivolous application' means an application 
that lacks a reasonably arguable basis either in law or in fact. If an 
alien withdraws an application for asylum and pursues another benefit 
or form of relief under this Act, the alien shall bear the burden of 
proving by clear and convincing evidence, in the adjudication 
respecting such other benefit or form of relief, that such asylum 
application was not a frivolous application. If the alien fails to 
carry such burden, the alien shall be permanently ineligible for any 
benefit under this Act.''.
    (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 
applications for asylum pending on or after such date if the 
application has not resulted in a final administrative order before 
such date.

SEC. 602. CONTINUANCES; CHANGE OF VENUE.

    (a) In General.--Section 240(b)(1) (8 U.S.C. 1229a(b)(1)) is 
amended by adding at the end the following:
        ``The immigration judge may not grant a continuance to permit 
        an alien to become eligible for relief under any provision of 
        law. In proceedings under this section or under section 236, 
        the immigration judge may not grant a change of venue for an 
        alien who has not been inspected and admitted or paroled into 
        the United States. For all other aliens, the immigration judge 
        may grant a change of venue only if the alien demonstrates that 
        the alien cannot obtain a fair proceeding in the current 
        venue.''.
    (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 
continuances and changes of venue sought after such date.

SEC. 603. BURDEN OF PROOF IN ASYLUM PROCEEDINGS.

    (a) In General.--Section 208(b)(1) (8 U.S.C. 1158(b)(1)) is 
amended--
            (1) by striking ``(1) In general.--The Attorney General'' 
        and inserting the following:
            ``(1) If alien is a refugee.--
                    ``(A) In general.--The Secretary of Homeland 
                Security or the Attorney General''; and
                    (2) by adding at the end the following:
                    ``(B) Burden of proof.--The burden of proof is on 
                the applicant for asylum to establish that he or she is 
                a refugee within the meaning of section 101(a)(42). The 
                testimony of the applicant, if credible, may be 
                sufficient to sustain such burden without 
                corroboration. Where it is reasonable to expect 
                corroborating evidence for certain alleged facts 
                pertaining to the specifics of an alien's claim for 
                asylum, such evidence must be provided unless a 
                reasonable explanation is given as to why such 
                information is not presented.''.
    (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 
applications for asylum pending on or after such date if the 
application has not resulted in a final administrative order before 
such date.

SEC. 604. REVIEW OF CONVENTION AGAINST TORTURE GRANTS AND DENIALS.

    (a) In General.--Section 241(b) (8 U.S.C. 1231(b)) is amended by 
adding at the end the following new paragraph:
            ``(4) Elimination of review.--A determination as to whether 
        the removal of an alien to any country should be withheld or 
        deferred under the United Nations Convention Against Torture 
        and Other Cruel, Inhuman, or Degrading Treatment or Punishment 
        shall be made by the Secretary of Homeland Security. There 
        shall be no administrative or judicial review of a 
        determination of the Secretary under this section.''.
    (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 
applications pending on or after such date if the application has not 
resulted in a final administrative order before such date.

SEC. 605. TIME LIMIT FOR DECISIONS IN ADMINISTRATIVE APPEALS.

    (a) In General.--Chapter 9 of title II of the Act is amended by 
inserting after section 294 the following new section:

            ``rules for decisions in administrative appeals

    ``Sec. 295. (a) Deadline.--A decision in any administrative appeal 
from a decision of an immigration judge shall be issued not later than 
180 days after the appeal is filed. If the appeal is not decided before 
such deadline, the decision of the immigration judge shall be final, 
unless the Attorney General certifies the decision for review.
    ``(b) Standard of Review.--In any administrative appeal from a 
decision of an immigration judge, such judge's determinations of 
factual issues, including findings as to the credibility of testimony, 
shall be accepted unless they are clearly erroneous.''.
    (b) Clerical Amendment.--The table of contents of the Immigration 
and Nationality Act is amended by inserting after the item relating to 
section 294 the following:

``295. Rules for decisions in administrative appeals.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
decisions appealed on or after such date.

SEC. 606. REVIEW OF ASYLUM CLAIMS.

    (a) Judicial Review.--
            (1) In general.--Section 208 (8 U.S.C. 1158) is amended by 
        adding at the end the following:
    ``(e) Limitation on Judicial Review.--No court shall have 
jurisdiction to review any decision of the Secretary of Homeland 
Security or the Attorney General under this section.''.
            (2) Conforming amendments.--Section 242 (8 U.S.C 1252) is 
        amended--
                    (A) in subsection (a)(2)(B)(i), by inserting 
                ``208,'' before ``212(h),'';
                    (B) in subsection (a)(2)(B)(ii), by striking 
                ``General,'' and all that follows through the period at 
                the end and inserting ``General.''; and
                    (C) in subsection (b)(4)--
                            (i) in subparagraph (B), by adding ``and'' 
                        at the end;
                            (ii) in subparagraph (C), by striking ``, 
                        and'' at the end and inserting a period; and
                            (iii) by striking subparagraph (D).
    (b) Limitation on Asylum Office.--Section 208(d) (8 U.S.C. 1158(d)) 
is amended by adding at the end the following:
            ``(8) Other procedural matters.--
                    ``(A) Determination of lawful status.--
                            ``(i) In general.--In the case of an alien 
                        who is physically present in the United States 
                        and who has applied to the Secretary of 
                        Homeland Security for asylum, the Secretary 
                        shall determine whether the alien is 
                        inadmissible or deportable before the Secretary 
                        prepares to schedule the applicant for an 
                        asylum interview. If the Secretary determines 
                        that the alien is not inadmissible or 
                        deportable, the Secretary shall adjudicate the 
                        asylum application and render a decision 
                        granting or denying asylum. If the Secretary 
                        determines that the alien is inadmissible or 
                        deportable before the Secretary prepares to 
                        schedule an interview, the Secretary shall 
                        place the alien in removal proceedings without 
                        adjudicating the asylum application. The alien 
                        may then pursue such application in such 
                        proceedings.
                            ``(ii) Review of determinations.--If an 
                        alien's asylum application has been denied by 
                        the Secretary, in any administrative or 
                        judicial appeal from such denial, the 
                        Secretary's determinations of factual issues, 
                        including findings as to the credibility of 
                        testimony, shall be accepted into evidence.
                    ``(B) Recording of interviews.--The Secretary shall 
                record asylum interviews and include any such recording 
                in the applicant's file and record of proceedings.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
decisions rendered on or after such date.

SEC. 607. JUDICIAL REVIEW.

    (a) Orders Against Criminal Aliens.--Subparagraph (C) of section 
242(a)(2) (8 U.S.C. 1252(a)(2)) is amended--
            (1) by striking ``no court shall have jurisdiction'' and 
        inserting ``including section 2241 of title 28, United States 
        Code, no court shall have jurisdiction, except as provided in 
        this section,''; and
            (2) by adding at the end the following: ``Such review shall 
        be limited to constitutional challenges or statutory claims 
        involving pure issues of law,''.
    (b) Venue for Review of Orders of Removal.--Section 242(b)(2) (8 
U.S.C. 1252(b)(2)) is amended by striking ``with the court of appeals 
for the judicial circuit in which the immigration judge completed the 
proceedings.'' and inserting ``with the United States Court of Appeals 
for the District of Columbia Circuit.''.
    (c) Federal Circuit Court Appeals.--
            (1) In general.--Title I of the Act is amended by inserting 
        after section 105 the following:

            ``rules for decisions in administrative appeals

    ``Sec. 106. Notwithstanding any other provision of law, the final 
order of a district court of the United States in any proceeding under 
this Act, or under any other immigration law of the United States, 
shall be subject to review, on appeal, by the United States Court of 
Appeals for the District of Columbia Circuit. There shall be no right 
of appeal in such proceedings to any other circuit court of appeals. 
The law applied by the Supreme Court, and the United States Court of 
Appeals for the District of Columbia Circuit, shall be regarded as the 
rule of decision in any proceeding under this Act.''.
            (2) Clerical amendment.--The table of contents of the 
        Immigration and Nationality Act is amended by inserting after 
        the item relating to section 105 the following:

``106. Federal circuit court appeals.''.

          TITLE VII--EMERGENCY IMMIGRATION WORKLOAD REDUCTION

SEC. 701. CONGRESSIONAL FINDINGS.

    The Congress finds as follows:
            (1) The effective establishment and organization of the 
        Directorate of Border and Transportation Security of the 
        Department of Homeland Security is imperative if the 
        Directorate is to carry out the immigration enforcement and 
        immigration services responsibilities delegated to it by the 
        Congress in the manner expected by the American people.
            (2) The effective implementation of these duties will not 
        be achieved without an unacceptable compromise to the security 
        interests of the United States unless certain visa programs are 
        temporarily suspended, and other material assistance is 
        provided to law enforcement agencies and other entities that 
        support the immigration enforcement functions of the 
        Directorate, until such time as the Secretary of Homeland 
        Security can make the certifications to Congress required in 
        section 708.
            (3) Such certifications, taken together, will establish the 
        effective operational transfer of immigration enforcement 
        functions to the new Directorate.

SEC. 702. TEMPORARY SUSPENSION OF VISA WAIVER PROGRAM.

    The admission of aliens to the United States under the provisions 
of section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) 
is suspended.

SEC. 703. TEMPORARY SUSPENSION OF ADJUSTMENT OF STATUS APPLICATIONS.

    (a) The admission of aliens described in section 101(a)(15)(V) of 
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(V) is 
suspended.
    (b) The authority of the Secretary of Homeland Security to adjust 
the status of any alien to that of an alien lawfully admitted for 
permanent residence under sections 240A or 245 of the Immigration and 
Nationality Act is suspended.
    (c) The suspensions described in subsections (a) and (b) shall 
include the suspension of acceptance for filing of applications for 
adjustment of status described in such subsection.
    (d) Subsections (b) and (c) shall not apply to aliens described in 
sections 101(a)(15)(K) or 101(a)(42) of the Immigration and Nationality 
Act.

SEC. 704. TEMPORARY SUSPENSION OF RENEWALS OF TEMPORARY PROTECTED 
              STATUS.

    The authority of the Secretary of Homeland Security to renew or 
extend any designation made under subparagraph (B) or (C) of section 
244(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1254(b)(1)) 
is suspended.

SEC. 705. CURTAILMENT OF VISAS FOR COUNTRIES DENYING OR DELAYING 
              REPATRIATION OF NATIONALS.

    (a) Public Listing of Aliens With No Significant Likelihood of 
Removal.--The Secretary of Homeland Security shall establish and 
maintain a public listing of every alien who is subject to a final 
order of removal and with respect to whom the Secretary or any Federal 
court has determined that there is no significant likelihood of removal 
in the reasonably foreseeable future due to the refusal, or 
unreasonable delay, of all countries designated by the alien or under 
this section to receive the alien. The public listing shall indicate 
whether such alien has been released from federal custody, and the city 
and state in which such alien resides.
    (b) Discontinuation of Visas.--In the case of any foreign state for 
which 24 or more of the citizens, subjects, or nationals of such state 
appear on the public listing described in paragraph (a), such foreign 
state shall be deemed to have denied or unreasonably delayed the 
acceptance of such aliens, and the Secretary of Homeland Security shall 
make the notification to the Secretary of State prescribed in section 
243(d) of the Immigration and Nationality Act (8 U.S.C. 1253(d)). The 
Secretary of State shall accordingly discontinue the issuance of non-
immigrant visas to citizens, subjects, or nationals of such foreign 
state.

SEC. 706. WAIVER OF SUSPENSIONS.

    The Secretary of Homeland Security may in his or her discretion 
waive, on an individual case-by-case basis, the suspension of 
applications under sections 702, 703, or 704, if the beneficiaries of 
such applications are not 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).

SEC. 707. TERMINATION OF TEMPORARY SUSPENSIONS.

    The emergency suspension of issuance of nonimmigrant visas, and of 
admissions to the United States, as mandated by sections 702 through 
704, shall terminate one week after the certification by the Secretary 
of Homeland Security to the Congress that the following conditions are 
satisfied:
            (1) The integrated entry and exit data system required by 
        the Immigration and Naturalization Service Data Management 
        Improvement Act of 2000 (Public Law 106-215), including the 
        requirements added by section 302(a) of the Enhanced Border 
        Security and Visa Entry Reform Act of 2002 (Public Law 107-
        173), is fully operational at all ports of entry.
            (2) The system of machine-readable tamper-resistant visas 
        and other alien travel and entry documents described in section 
        202 of this Act is fully implemented at all ports of entry.
            (3) The Department of Homeland Security has the operational 
        capability to take into custody and remove from the United 
        States any alien described in section 237(a) of the Immigration 
        and Nationality Act (8 U.S.C. 1227(a)) who has been lawfully 
        detained by a State or local law enforcement agency, and such 
        agency has notified the Department of such detention.
            (4) The data system for the registration of aliens under 
        chapter 7 of title II of the Immigration and Nationality Act (8 
        U.S.C. 261 et. seq.) is fully operational and--
                    (A) is fully compliant with the data system 
                integration and interoperability standards enacted in 
                section 202(a) of the Enhanced Border Security and Visa 
                Entry Reform Act of 2002 (Public Law 107-173);
                    (B) ensures the entry of all registrations made in 
                accordance with section 221(b) of the Immigration and 
Nationality Act (8 U.S.C. 1201(b)) into the registration system at the 
time of the relevant visa application;
                    (C) ensures that all other registrations made under 
                procedures required by section 264 of such Act (8 
                U.S.C. 1304) are entered into the data system within 72 
                hours of receipt from the alien of an approved form of 
                registration; and
                    (D) ensures that all notices of change of address 
                required by section 265 of such Act (8 U.S.C. 1305) are 
                entered in the data system within 5 working days of 
                receipt from the alien of an approved change of address 
                form.
            (5) A program for the random audit of the backlog of 
        applications for changes in immigration status by aliens 
        present in the United States existing on the effective date of 
        this Act has been fully implemented by the Department of 
        Homeland Security.
            (6) The program described in paragraph (5) reliably 
        indicates that the estimated incidence of fraud or false 
        statements is no more than three percent of all approved 
        applications and a program is in place to ensure that all 
        benefits granted on the basis of such fraud or false statements 
        are revoked in a timely manner.
            (7) The foreign student monitoring system described in 
        section 641 of the Illegal Immigration Reform and Immigrant 
        Responsibility Act (8 U.S.C. 1372), as amended and expanded by 
        sections 501 and 502 of the Enhanced Border Security and Visa 
        Entry Reform Act of 2002 (Public Law 107-173), is fully 
        operational, and no educational institution certified to 
        receive nonimmigrant students under subparagraph (F), (M), or 
        (J) of section 101(a)(15) of the Immigration and Nationality 
        Act (8 U.S.C. 1101(a)(15)) knowingly registers or admits aliens 
        present in the United States in violation of law.
            (8) The number of aliens removed from the United States, 
        during the 4 month period preceding the month in which the 
        certification under this section is executed, was at least 25 
        percent higher than in the comparable period of the previous 
        year.
            (9) All reports and plans, and all operational transfers of 
        functions, required under title IV of the Homeland Security Act 
        of 2002 (6 U.S.C. 201 et seq.) have been successfully performed 
        and implemented to the extent required by law as of the 
        certification date.
            (10) The annual report required by section 205(b) of the 
        American Competitiveness in the Twenty-First Century Act of 
        2000 (8 U.S.C.1574(b)), for the fiscal year preceding the date 
        of the certification, has been submitted to the Congress.
            (11) Process changes described in section 205(b)(2)(C)(vi) 
        of the American Competitiveness in the Twenty-First Century Act 
        of 2000 (8 U.S.C. 1574(b)(2)(C)(vi)) have been implemented and 
        are substantially operational.

SEC. 708. EFFECTIVE DATE.

    The provisions of this title shall take effect at midnight on the 
first Saturday that occurs two weeks after the date of enactment of 
this Act.

                TITLE VIII--REFORMING LEGAL IMMIGRATION

                  Subtitle A--Promotion of Citizenship

SEC. 801. CHANGES IN NATURALIZATION REQUIREMENTS.

    (a) Study of Naturalization Examination.--
            (1) In general.--The Chief of the Office of Citizenship of 
        the Department of Homeland Security shall conduct a study of 
        the scope and nature of the examination of applicants for 
        naturalization. The study shall analyze the value of the 
        questions on the exam, and recommend questions that ought to be 
        eliminated and new questions that ought to be included. The 
        study shall recommend new questions to be included that gauge 
        an applicant's understanding of the principles in the oath of 
        allegiance required under section 337(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1448(a)).
            (2) Civics course.--The study shall also analyze and make 
        recommendations as to whether applicants for naturalization 
        ought to be required to complete a course in civic education.
            (3) Report.--Not later than 6 months after the date of the 
        enactment of this Act, the Chief of the Office of Citizenship 
        for the Bureau of Citizenship and Immigration Services of the 
        Department of Homeland Security shall submit a report to the 
        Congress containing the results of the study conducted under 
        this subsection. The report shall also contain a proposed 
        revised examination to be administered to applicants for 
        naturalization that reflects the recommendations developed 
        through the study. In developing the proposed examination, the 
        Chief of the Office of Citizenship shall consult with 
        interested groups specializing in immigration issues, civics 
        organizations, patriotic associations, and veterans' groups.
    (b) Requiring Applicants for Naturalization To Understand Oath.--
            (1) Requirements for naturalization.--Section 312(a) (8 
        U.S.C. 1423(a)) is amended--
                    (A) in paragraph (1), by striking ``and'' at the 
                end;
                    (B) in paragraph (2), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(3) an understanding of the oath of allegiance required 
        under section 337(a).''.
            (2) Examination.--Section 332(a) (8 U.S.C. 1443(a)) is 
        amended by inserting before ``ability'' the following: 
        ``understanding of the oath of allegiance required under 
        section 337(a),''.
    (c) Contents of Certificate of Naturalization.--Section 338 (8 
U.S.C. 1449) is amended by inserting before ``and the seal'' the 
following: ``the oath of allegiance required under section 337(a); a 
statement that the applicant recognizes the privileges and 
responsibilities of citizenship;''.

SEC. 802. OATH OF RENUNCIATION AND ALLEGIANCE.

    Section 337(a) of the Immigration and Nationality Act (8 U.S.C. 
1448(a)) is amended by inserting after ``the child is unable to 
understand its meaning.'' the following: ``The oath referred to in this 
section shall read the same as the oath provided for in paragraph (a) 
or (b) of part 337.1 of title 8, Code of Federal Regulations, as in 
effect on September 1, 2003.''.

   Subtitle B--Treatment of Nationals of State Sponsors of Terrorism

SEC. 811. TREATMENT OF NATIONALS OF STATE SPONSORS OF TERRORISM.

    (a) In General.--
            (1) Amendment.--Chapter 9 of title II, as amended by 
        section 265 of this Act, is further amended by inserting after 
        section 295 the following new section:

        ``treatment of nationals of state sponsors of terrorism

    ``Sec. 296. (a) In General.--No nonimmigrant or immigrant visa may 
be issued, or nonimmigrant or immigrant status otherwise provided, 
other than a visa or status described in section 101(a)(15)(A) or 
201(b)(2)(A)(i), to any alien who is a national of, or residing in, a 
country that is determined to be a state sponsor of terrorism, except 
the Secretary of Homeland Security (or the consular officer, in the 
case of an application for a visa) may, on a case-by-case basis, waive 
the application of this subsection in the case of an alien who--
            ``(1) requires examination or treatment for an emergency 
        medical condition (as defined in section 562(d) of the Illegal 
        Immigration Reform and Immigration Responsibility Act of 1996 
        (8 U.S.C. 1396(d))); or
            ``(2) is eligible for admission as a refugee under section 
        207 or for asylum under section 208.
    ``(b) State Sponsor of Terrorism Defined.--
            ``(1) In general.--In this section, the term `state sponsor 
        of terrorism' means any country the government of which has 
        been determined by the Secretary of State under any of the laws 
        specified in paragraph (2) to have repeatedly provided support 
        for acts of terrorism. Such term shall apply to a country 
        beginning on the date on which such determination takes effect 
        and ending on the date on which such determination is 
        withdrawn, terminated, revoked, or otherwise ceases to be 
        effective.
            ``(2) Laws under which determinations were made.--The laws 
        specified in this paragraph are the following:
                    ``(A) Section 6(j)(1)(A) of the Export 
                Administration Act of 1979 (or successor statute).
                    ``(B) Section 40(d) of the Arms Export Control Act.
                    ``(C) Section 620A(a) of the Foreign Assistance Act 
                of 1961.''.
            (2) Clerical amendment.--The table of contents of the 
        Immigration and Nationality Act is amended by inserting after 
        the item relating to section 295 the following:

``296. Treatment of nationals of state sponsors of terrorism.''.
            (3) Effective date.--The amendments made by this subsection 
        shall take effect on the date of the enactment of this Act and 
        shall apply to visas issued, or status provided, on and after 
        such date.
    (b) Application to Admitted Nonimmigrants.--In the case of a 
nonimmigrant alien lawfully admitted into the United States who would 
have been ineligible to be granted such nonimmigrant status if the 
amendments made by subsection (a) had been in effect on the date on 
which such status was granted, notwithstanding any other provision of 
law, the period of authorized admission as such a nonimmigrant shall 
terminate 60 days after the date of the enactment of this Act, unless 
the Secretary of Homeland Security makes an individualized 
determination described in section 296(a) of the Immigration and 
Nationality Act (as added by subsection (a)) with respect to the alien.
    (c) Repeal.--Section 306 of the Enhanced Border Security and Visa 
Entry Reform Act of 2002 (Public Law 107-173) is repealed.

                  Subtitle C--Legal Immigration Reform

SEC. 821. EXTENDED FAMILY PREFERENCE CATEGORIES.

    (a) In General.--Section 203(a) (8 U.S.C. 1153(a)) is amended to 
read as follows:
    ``(a) Preference Allocation for Family-Sponsored Immigrants.--
Qualified immigrants who are the spouses or children of an alien 
lawfully admitted for permanent residence shall be subject to the 
worldwide level specified in section 201(c) for family-sponsored 
immigrants, and shall be allocated visas in a number not to exceed such 
level.''.
    (b) Worldwide Level of Family-Sponsored Immigrants.--Section 201(c) 
(8 U.S.C. 1151(c)) is amended--
            (1) by striking ``480,000'' and inserting ``87,934''; and
            (2) by striking ``226,000'' and inserting ``87,934''.
    (c) Numerical Limitation to Any Single Foreign State.--Section 202 
(8 U.S.C. 1152) is amended--
            (1) in subsection (a)(4), by striking subparagraph (A) and 
        inserting the following:
                    ``(A) 75 percent not subject to per country 
                limitation.--Of the visa numbers made available under 
                section 203(a) in any fiscal year, 75 percent shall be 
                issued without regard to the numerical limitation under 
                paragraph (2).''; and
            (2) in subsection (e)--
                    (A) in paragraph (1), by adding ``and'' at the end;
                    (B) by striking paragraph (2); and
                    (C) by redesignating paragraph (3) as paragraph 
                (2).
    (d) Procedure for Granting Immigrant Status.--Section 204 (8 U.S.C. 
1154) is amended--
            (1) in subsection (a)(1)(A)(i), by striking ``paragraph 
        (1), (3), or (4) of'';
            (2) in subsection (a)(1)(B), by striking ``203(a)(2)'' and 
        ``203(a)(2)(A)'' each place such terms appear and inserting 
        ``203(a)'';
            (3) in subsection (a)(1)(D)(i)--
                    (A) in subclause (I), by striking ``a petitioner 
                for preference status under paragraph (1), (2), or 
                (3)'' and all that follows through the period at the 
                end and inserting ``to be an individual under 21 years 
                of age for purposes of adjudicating such petition, and 
                for purposes of admission as an immediate relative 
                under section 201(b)(2)(A)(i), notwithstanding the 
                actual age of the individual.''; and
                    (B) in subclause (III), by striking ``paragraph 
                (1), (2), or (3) of section 203(a), whichever paragraph 
                is applicable,'' and inserting ``section 203(a), and 
                under 21 years of age (notwithstanding the actual age 
                of the individual),''; and
            (4) in subsection (f), by striking ``201(b), 203(a)(1), or 
        203(a)(3), as appropriate.'' and inserting ``201(b).''.
    (e) Classes of Deportable Aliens.--Section 237(a)(1)(E)(ii) (8 
U.S.C. 1227(a)(1)(E)(ii)) is amended by striking ``203(a)(2)'' and 
inserting ``203(a)''.
    (f) Conditional Permanent Resident Status for Certain Alien Spouses 
and Sons and Daughters.--Section 216(g)(1)(C) (8 U.S.C. 1186a(g)(1)(C)) 
is amended by striking ``203(a)(2)'' and inserting ``203(a)''.
    (g) Effective Date.--The amendments made this section shall take 
effect on the date of enactment of this Act.

SEC. 822. EMPLOYMENT THIRD PREFERENCE CATEGORY.

    (a) In General.--Paragraph (3) of section 203(b) (8 U.S.C. 1153(b)) 
is amended to read as follows:
            ``(3) Skilled workers and professionals.--
                    ``(A) In general.--Visas shall be made available, 
                in a number not to exceed 28.6 percent of such 
                worldwide level, plus any visas not required for the 
                classes specified in paragraphs (1) and (2), to the 
                following classes of aliens who are not described in 
                paragraph (2):
                            ``(i) Skilled workers.--Qualified 
                        immigrants who are capable, at the time of 
                        petitioning for classification under this 
                        paragraph, of performing skilled labor 
                        (requiring at least 2 years training or 
                        experience), not of a temporary or seasonal 
                        nature, for which qualified workers are not 
                        available in the United States.
                            ``(ii) Professionals.--Qualified immigrants 
                        who hold baccalaureate degrees and who are 
                        members of the professions.
                    ``(B) Labor certification required.--An immigrant 
                visa may not be issued to an immigrant under 
                subparagraph (A) until the consular officer is in 
                receipt of a determination made by the Secretary of 
                labor pursuant to the provisions of section 
                212(a)(5)(A).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of enactment of this Act.

SEC. 823. ELIMINATION OF DIVERSITY IMMIGRANT PROGRAM.

    (a) Worldwide Level of Diversity Immigrants.--Section 201 (8 U.S.C. 
1151) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``and'' at the end of paragraph 
                (1);
                    (B) by striking ``; and'' at the end of paragraph 
                (2) and inserting a period; and
                    (C) by striking paragraph (3); and
            (2) by striking subsection (e).
    (b) Allocation of Diversity Immigrant Visas.--Section 203 (8 U.S.C. 
1153) is amended--
            (1) by striking subsection (c);
            (2) in subsection (d), by striking ``(a), (b), or (c),'' 
        and inserting ``(a) or (b),'';
            (3) in subsection (e), by striking paragraph (2) and 
        redesignating paragraph (3) as paragraph (2);
            (4) in subsection (f), by striking ``(a), (b), or (c)'' and 
        inserting ``(a) or (b)''; and
            (5) in subsection (g), by striking ``(a), (b), and (c)'' 
        and inserting ``(a) and (b)''.
    (c) Procedure for Granting Immigrant Status.--Section 204 (8 U.S.C. 
1154) is amended--
            (1) by striking subsection (a)(1)(I); and
            (2) in subsection (e), by striking ``(a), (b), or (c)'' and 
        inserting ``(a) or (b)''.
    (c) Effective Date.--The amendments made this section shall take 
effect on the date of enactment of this Act.

SEC. 824. REFUGEE ADMISSIONS.

    (a) In General.--Paragraphs (1) and (2) of section 207(a) (8 U.S.C. 
1157(a)) are amended to read as follows:
    ``(a)(1) Except as provided in paragraph (2) and subsection (b), 
the number of refugees who may be admitted under this section in any 
fiscal year shall be such number as the President determines, before 
the beginning of the fiscal year and after appropriate consultation, is 
justified by humanitarian concerns or is otherwise in the national 
interest.
    ``(2)(A) Except as provided in subparagraphs (B) and (C), the 
number determined under paragraph (1) for a fiscal year may not exceed 
the number of United Nations High Commissioner for Refugees-referred 
refugees who were resettled in a country other than the United States 
(excluding any internally resettled person) in the second preceding 
calendar year.
    ``(B) The number determined under paragraph (1) for a fiscal year 
may exceed the limit specified in subparagraph (A) by the number of 
refugees admitted pursuant to section 599D(b)(3) of the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1990 (8 U.S.C. 1157 note).
    ``(C) The number determined under paragraph (1) for a fiscal year 
may exceed the limit specified in subparagraph (A) if the Congress 
enacts a law providing for a higher number.''.
    (b) Emergency Refugee Situations.--Section 207(b) (8 U.S.C. 
1157(b)) is amended by striking ``the President may fix'' and inserting 
``the President may, if the Congress enacts a law providing such 
authority, fix''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of enactment of this Act.

SEC. 825. ALIENS SUBJECT TO DIRECT NUMERICAL LIMITATIONS.

    Section 201(b)(1) (8 U.S.C. 1151(b)(1)) is amended--
            (1) by striking subparagraphs (C), (D), and (E); and
            (2) by amending subparagraph (B) to read as follows:
                    ``(B) Aliens who are admitted under section 207.''.

SEC. 826. EDUCATION OF FAMILY-SPONSORED IMMIGRANTS.

    Section 203(a) (8 U.S.C. 1153(a)) is amended by adding at the end 
the following:
            ``(5) Limitation.--An adult alien other than a derivative 
        spouse is not eligible for a visa under this subsection unless 
        the alien has attained at least a high school education or its 
        equivalent.''.

SEC. 827. SPONSORSHIP LEVELS.

    Section 213A(f)(1)(E) (8 U.S.C. 1183a(f)(1)(E)) is amended by 
striking ``125 percent of the Federal poverty line'' and inserting 
``200 percent of the poverty line''.

SEC. 828. REPEAL OF SECTION 245(I).

    Section 245(i) (8 U.S.C. 1255(i)) is repealed.

                   TITLE IX--MISCELLANEOUS PROVISIONS

SEC. 901. TEMPORARY PROTECTED STATUS.

    (a) In General.--Section 244 (8 U.S.C. 1254a) is amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (3)(D);
                    (B) in paragraph (4)--
                            (i) by striking subparagraph (B);
                            (ii) by moving the text of subparagraph (A) 
                        up and to the right so that it follows 
                        immediately after the paragraph heading; and
                            (iii) by striking ``(A)''; and
                    (C) in paragraph (5), by striking ``to deny 
                temporary protected status to an alien based on the 
                alien's immigration status or'';
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by adding ``or'' 
                        at the end;
                            (ii) in subparagraph (B)--
                                    (I) in clause (i), by striking 
                                ``disruption of living conditions'' and 
                                inserting ``physical destruction of 
                                homes and businesses'';
                                    (II) by amending clause (ii) to 
                                read as follows:
                            ``(ii) the foreign state is unable, 
                        temporarily, to house and employ the aliens who 
                        are nationals of the state residing in the 
                        United States, but has officially requested 
                        designation and submitted to the Secretary of 
                        State a specific plan to repatriate such 
                        nationals in a short and specified period of 
                        time; and''; and
                                    (III) in clause (iii), by striking 
                                ``; or'' and inserting a period;
                            (iii) by striking subparagraph (C); and
                            (iv) by adding at the end the following:
        ``An initial designation, or extension of a designation, of a 
        foreign state (or part of such foreign state) under this 
        paragraph shall not become effective if the Secretary of 
        Homeland Security finds that permitting the aliens to remain 
        temporarily in the United States is contrary to the national 
        interest of the United States.''
                    (B) in the last sentence of paragraph (2), by 
                striking ``18 months'' and inserting ``12 months'';
                    (C) in paragraph (3)--
                            (i) in subparagraph (A), by inserting 
                        ``all'' after ``and shall determine whether'';
                            (ii) in subparagraph (B), by inserting 
                        ``all'' after ``no longer continues to meet''; 
                        and
                            (iii) by amending subparagraph (C) to read 
                        as follows:
                    ``(C) Extension of designation.--If the Secretary 
                of Homeland Security determines under subparagraph (A) 
                that a foreign state (or part of such foreign state) 
                continues to meet all the conditions for designation 
                under paragraph (1) and that the foreign state warrants 
                an extension, the period of designation of the foreign 
                State is extended for an additional period of 6 months 
                (or, in the discretion of the Secretary, a period of 12 
                months).''; and
                    (D) in paragraph (5)--
                            (i) by striking subparagraph (B);
                            (ii) by moving the text of subparagraph (A) 
                        up and to the right so that it follows 
                        immediately after the paragraph heading; and
                            (iii) by striking ``(A) Designations.--'';
            (3) in subsection (c)--
                    (A) in paragraph (1)(B), by striking ``The amount 
                of any such fee shall not exceed $50.'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking ``of 
                        paragraph (1)--'' and all that follows through 
                        the end and inserting the following: ``, the 
                        provisions of section 212(a)(1) may be waived 
                        in the Secretary of Homeland Security's 
                        discretion if a denial of temporary protected 
                        status would separate the alien from a spouse 
                        or child in the United States.'';
                            (ii) in subparagraph (B)--
                                    (I) by amending clause (i) to read 
                                as follows:
                            ``(i) the alien is inadmissible under 
                        section 212(a) by reason of having been 
                        convicted of a crime committed in the United 
                        States, or the alien is deportable under 
                        section 237(a) (other than under section 
                        237(a)(1)(B));'';
                                    (II) in clause (ii), by striking 
                                the period at the end and inserting ``; 
                                or''; and
                                    (III) by adding at the end the 
                                following:
                            ``(iii) the alien was unlawfully present in 
                        the United States on the effective date of the 
                        designation of the applicable foreign state (or 
                        part of a state), or the effective date of any 
                        extension of such designation, unless a law to 
                        the contrary is enacted before such date, 
                        except that if the Congress is adjourned sine 
                        die on such date, the alien may be granted 
                        temporary protected status for a period of not 
                        more than 4 months.'';
                    (C) in paragraph (3)--
                            (i) by striking ``, or'' at the end of 
                        subparagraph (B) and inserting a semicolon;
                            (ii) in subparagraph (C)--
                                    (I) by inserting ``and record the 
                                alien's current address'' after 
                                ``register''; and
                                    (II) by striking the period at the 
                                end and inserting a semicolon; and
                            (iii) by adding at the end the following:
                    ``(D) the alien commits a crime after being granted 
                temporary protected status; or
                    ``(E) the alien travels, no matter how briefly, to 
                the foreign state (or part of such state) the 
                designation of which was the basis of the alien being 
                granted such status.'';
                    (D) in paragraph (4), in each of subparagraphs (A) 
                and (B), by inserting before the period at the end the 
                following: ``, unless the alien travels, no matter how 
                briefly, to the foreign state (or part of such state) 
                the designation of which was the basis of the alien 
                being granted such status''; and
                    (E) by striking paragraph (6);
            (4) in subsection (d), by striking paragraph (4);
            (5) in subsection (e), by striking ``, unless the Attorney 
        General determines that extreme hardship exists'' in the first 
        sentence;
            (6) in subsection (f)--
                    (A) by inserting ``and'' at the end of paragraph 
                (2);
                    (B) in paragraph (3), by striking ``Attorney 
                General; and'' and inserting ``Secretary of Homeland 
                Security, except to the foreign state (or part of such 
                state) the designation of which was the basis of the 
                alien being granted such status.''; and
                    (C) by striking paragraph (4); and
            (7) in subsection (h)--
                    (A) in paragraph (1), by inserting ``or the House 
                of Representatives'' after ``Senate'';
                    (B) in paragraph (2), by striking ``three-fifths'' 
                and inserting ``two-thirds''; and
                    (C) by inserting ``and the House of 
                Representatives'' after ``Senate'' each place such term 
                appears in paragraphs (2) and (3).
    (b) Ineligibility of Certain Aliens.--
            (1) In general.--In the case of a foreign state (or part of 
        a foreign state) initially designated under section 244 (8 
        U.S.C. 1254a), or having such a designation extended, before 
        the date of the enactment of this Act, an alien who is a 
        national of such state (or in the case of an alien having no 
        nationality, is a person who last habitually resided in such 
        state), and was unlawfully present in the United States on the 
        date of such designation or extension, shall be subject to 
        paragraph (2).
            (2) Aliens ineligible.--An alien described in paragraph (1) 
        shall not be considered eligible for temporary protected status 
        under section 244 pursuant to any initial or succeeding 
        extension of a designation described in such paragraph that 
        takes effect after the date of the enactment of this Act, 
        unless a law to the contrary is enacted before such effective 
        date, except that if the Congress is adjourned sine die on such 
        effective date, the alien may be granted temporary protected 
        status for a period of not more than 4 months.

SEC. 902. GOOD MORAL CHARACTER.

    (a) In General.--Section 101(f)(6) (8 U.S.C. 1101(f)(6)) is amended 
to read as follows:
            ``(6) one who, by fraud or willfully misrepresenting a 
        material fact, seeks to procure (or has sought to procure or 
        has procured) a visa, other documentation, or admission into 
        the United States or other benefit provided under this Act, for 
        himself, herself, or any other alien;''.
    (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 
misrepresentations made on or after such date.

SEC. 903. REMOVAL FOR ALIENS WHO MAKE MISREPRESENTATIONS TO PROCURE 
              BENEFITS.

    (a) In General.--Section 237(a)(3) (8 U.S.C. 1127(a)(3)) is amended 
by adding at the end the following:
                    ``(F) Misrepresentation.--Any alien who, by fraud 
                or willfully misrepresenting a material fact, seeks to 
                procure (or has sought to procure or has procured) a 
                visa, other documentation, or admission into the United 
                States or other benefit provided under this Act, for 
                himself, herself, or any other alien, is deportable.''.
    (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 
misrepresentations made on or after such date.

SEC. 904. DESIGNATIONS OF FOREIGN TERRORIST ORGANIZATIONS.

    Section 219 (8 U.S.C. 1189) is amended--
            (1) by striking ``Secretary'' each place such term appears, 
        excluding subsection (a)(2)(C), and inserting ``official 
        specified under subsection (d)'';
            (2) in subsection (c)--
                    (A) in paragraph (2), by adding ``and'' at the end;
                    (B) in paragraph (3), by striking ``; and'' at the 
                end and inserting a period; and
                    (C) by striking paragraph (4); and
            (3) by adding at the end the following:
    ``(d) Implementation of Duties and Authorities.--The duties under 
this section shall, and authorities under this section may, be 
exercised by the Secretary of State, the Attorney General, or the 
Secretary of Homeland Security.''.

SEC. 905. FOREIGN STUDENTS.

    (a) Length of Visa Term.--Section 221(c) (8 U.S.C. 1201(c)) is 
amended--
            (1) by striking ``A nonimmigrant visa'' and inserting 
        ``Except as otherwise provided by law, a nonimmigrant visa''; 
        and
            (2) by adding at the end the following:
``In the case of a nonimmigrant visa issued under subparagraph (F), 
(J), or (M) of section 101(a)(15) for study in the United States, the 
visa shall not be valid for any period in excess of the stated period 
that the institution or place of study to which the visa relates 
determines is necessary and proper for the purpose of achieving the 
objective of such study. Such determinations shall be timely submitted, 
in accordance with such regulations as the Secretary of Homeland 
Security may prescribe, as a condition of the granting of authority to 
issue documents demonstrating aliens' eligibility for a visa under 
subparagraph (F), (J), or (M) of section 101(a)(15).''.
    (b) Eligible Institution.--Section 214 (8 U.S.C. 1202), as amended 
by section 204 of this Act, is further amended by adding at the end the 
following:
    ``(w) A nonimmigrant visa may not be issued under subparagraph (F), 
(J), or (M) of section 101(a)(15) for postsecondary study at an 
educational institution unless that institution is an eligible 
institution for the purpose of a program authorized under title IV of 
the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).''.
    (c) Effective Date.--The amendment made by subsection (a) shall 
take effect 6 months after the date of the enactment of this Act. The 
amendment made by subsection (b) shall take effect on the date of the 
enactment of this Act.

SEC. 906. PAY GRADE GS-15 AVAILABLE FOR TRIAL ATTORNEYS.

    There are authorized to be appropriated such sums as may be to 
establish a range for the annual rate of basic pay for positions as a 
trial attorney in the Bureau of Customs and Border Protection, the 
Bureau of Immigration and Customs Enforcement, and the Bureau of 
Citizenship and Immigration Services between the minimum annual rate of 
basic pay payable for grade GS-11 of the General Schedule and the 
maximum annual rate of basic pay payable for grade GS-15 of the General 
Schedule.

SEC. 907. PROOF OF IDENTITY OF ALIENS SEEKING RELIEF.

    (a) Asylum.--Section 208(b)(2) (8 U.S.C. 1158(b)(2)) is amended by 
adding at the end the following:
                    ``(E) Proof of identity.--No alien may be granted 
                asylum until the alien proves the alien's true identity 
                by clear and convincing evidence.''.
    (b) Adjustment of Status of Refugees.--Section 209 (8 U.S.C. 1159) 
is amended by adding at the end the following:
    ``(d) No alien may have the alien's status adjusted under this 
section until the alien proves the alien's true identity by clear and 
convincing evidence.''.
    (c) Cancellation of Removal.--Section 240A (8 U.S.C. 1229b) is 
amended by adding at the end the following:
    ``(f) Proof of Identity.--No alien may receive relief under this 
section until the alien proves the alien's true identity by clear and 
convincing evidence.''.
    (d) Adjustment of Status of Nonimmigrants.--Section 245 (8 U.S.C. 
1255) is amended--
            (1) by redesignating the subsection (l) added by section 
        1513(f) of Public Law 106-386 (114 Stat. 1536) as subsection 
        (m); and
            (2) by adding at the end the following:
    ``(n) Proof of Identity.--No alien may have the alien's status 
adjusted under this section until the alien proves the alien's true 
identity by clear and convincing evidence.''.
    (e) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
relief provided on and after such date.

SEC. 908. FOLLOWING TO JOIN DEFINED.

    Section 101(a) (8 U.S.C. 1101) is amended by adding at the end the 
following:
    ``(51) The term `following to join' when used with respect to a 
spouse or child of an alien, means that the spouse or child departs for 
the United States, in order to reside with the alien, during the 1-year 
period beginning on the date on which the alien is admitted into the 
United States.''.

SEC. 909. INFORMATION ON FOREIGN CRIMES.

    Section 245(a) is amended--
            (1) by striking ``and'' at the end of paragraph (2);
            (2) by redesignating paragraph (3) as paragraph (4); and
            (3) by inserting after paragraph (2) the following: ``(3) 
        the Secretary of Homeland Security has thoroughly examined the 
        alien's countries of prior residence to determine that the 
        alien has not committed a crime in those countries making the 
        alien inadmissible, and''.
                                 <all>