[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5316 Introduced in House (IH)]

113th CONGRESS
   2d Session
                                H. R. 5316

       To secure the border between the United States and Mexico.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 31, 2014

 Mr. Stockman introduced the following bill; which was referred to the 
   Committee on the Judiciary, and in addition to the Committees on 
Homeland Security, Ways and Means, Armed Services, and Foreign Affairs, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
       To secure the border between the United States and Mexico.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safely Exacting Cautious Useful 
Rules for Immigration This Year (SECURITY) Act''.

SEC. 2. FINDINGS AND DECLARATION OF POLICY.

    (a) The Congress finds that:
            (1) An estimated 11,800,000 aliens reside in the United 
        States in contravention of Federal immigration law.
            (2) The construction of a double-layered fence along the 
        entire Southern Border reduces illegal immigration, decreases 
        cross-border smuggling, and enables the effective deployment of 
        manpower, as demonstrated by the San Diego sector where a fence 
        was built in 2004.
            (3) Aliens, such as the El Salvadoran national and MS-13 
        gang members Kevin Fabricio Claros Cantarero and Julio 
        Martinez, have attempted to use applications for asylum in 
        order to reside in the United States.
            (4) The closing of Border Patrol stations, such as in June 
        2011, and failure to deploy the National Guard to assist the 
        Border Patrol, such as during the border crisis of June 2014, 
        impaired the ability of law enforcement to secure the border.
            (5) The backlog of immigration cases, in which 87 percent 
        of cases where ICE filed Notices to Appear between 2009 to 2014 
        are still pending in 2014, could be addressed if Congress knew 
        the number of judges needed in immigration courts.
            (6) Illegal aliens, despite being ineligible, received $4.2 
        billion in additional child tax credits from the United States 
        Treasury in 2010 by applying with an individual taxpayer 
        identification number.
            (7) Aliens have been applying for and receiving public 
        benefits from Federal, State, and local governments in 
        substantially burdensome levels, such as $791.6 million covered 
        by California taxpayers in 2013.
    (b) The Congress further finds and declares that it serves a 
compelling government interest of the United States to--
            (1) establish and regularly evaluate the security at United 
        States borders using the same metric;
            (2) construct a double-layered fence along the entire 
        Southern Border of the United States;
            (3) provide adequate manpower for enforcement of 
        immigration laws, sufficient judges to address the backlog in 
        immigration courts, and the appropriate number of beds and 
        facilities to meet immigration detention needs;
            (4) end the release of dangerous criminal aliens and the 
        likelihood of foreign gang members using refugee and asylee 
        status to reside in the United States; and
            (5) remove incentives for illegal immigration provided by 
        the availability of public benefits.

SEC. 3. ACHIEVING AND MAINTAINING OPERATIONAL CONTROL OF THE BORDER.

    (a) Plan.--Not later than 180 days of the date of enactment of this 
Act, the Secretary of Homeland Security shall develop and submit to the 
Committee on Homeland Security of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs of the Senate a 
plan to achieve and maintain operational control of the entire 
international land and maritime borders of the United States. The 
Secretary shall begin implementing the plan immediately following its 
submission.
    (b) Definition of Operational Control of the Border.--For purposes 
of this Act, the term ``operational control'' means the prevention of 
all unlawful entries into the United States, including entries by 
terrorists, other unlawful aliens, instruments of terrorism, narcotics, 
and other contraband. Any changes to the definition of ``operational 
control'' as defined in this Act must be approved by Congress.
    (c) Report and Certification.--
            (1) Not later than one year after the date of enactment of 
        this Act and annually thereafter, the Secretary shall submit to 
        the Committee on Homeland Security of the House of 
        Representatives and the Committee on Homeland Security and 
        Governmental Affairs of the Senate a report on the progress 
        made toward achieving and maintaining operational control of 
        the entire international land and maritime borders of the 
        United States. Such report shall contain an analysis of the 
        reason why, if any, operational control has not been achieved 
        or maintained, and steps the Department will take to meet its 
        goal of operational control.
            (2) Within 30 days of receiving the report, the respective 
        committees in subsection (1) must certify whether operational 
        control has been met.
    (d) Failure To Achieve Operational Control.--If the Department of 
Homeland Security fails to achieve or maintain operational control, 
then twenty-five percent of the Department's Under Secretary for 
Management's budget will be cut and redistributed to Customs and Border 
Protection to go toward surveillance and interdiction activities.

SEC. 4. CONSTRUCTION AND COMPLETION OF REINFORCED DOUBLE-LAYERED 
              FENCING ALONG THE SOUTHERN BORDER.

    (a) Section 564 of division E of the Consolidated Appropriations 
Act of 2008 (Public Law 110-161) is hereby repealed.
    (b) Plan.--The Secretary of Homeland Security shall establish a 
plan to construct double-layered reinforced fencing as required under 
section 3 of the Secure Fence Act of 2006 (Public Law 109-367). Such 
plan must be submitted by the Secretary within 180 days of enactment of 
this Act to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs of the Senate. The plan shall include annual deadlines to 
complete a proportion of the total construction of the fence, with the 
entirety of the fence to be completed no later than 10 years from the 
date of the submission of the plan.
    (c) Report.--Not later than one year after the date of the 
enactment of this Act, and annually thereafter, the Secretary of 
Homeland Security shall submit a report on the progress of the fence to 
the Committee on Homeland Security of the House of Representatives and 
the Committee on Homeland Security and Governmental Affairs of the 
Senate. The report shall include whether planned objectives have been 
achieved by the Secretary's proposed deadline, and detailed reasons why 
such deadline, if any, has not been met.
    (d) If the Secretary of Homeland Security does not submit a plan or 
fencing progress reports as required by subsections (b) and (c) of this 
section, the budget of the Secretary of Homeland Security shall be 
reduced by twenty-five percent and redistributed to Customs and Border 
Protection operations along the border where the fence has not yet been 
constructed.

SEC. 5. USE OF NATIONAL GUARD TO SUPPORT DEPARTMENT OF HOMELAND 
              SECURITY BORDER CONTROL ACTIVITIES.

    (a) Deployment.--In addition to the members of the National Guard 
deployed along the Southern Border as of the date of the enactment of 
this Act, the Secretary of Defense shall provide for the deployment of 
not less than an additional 10,000 members of the National Guard to be 
made available to border State Governors along the Southern Border 
until the date on which the Secretary of Homeland Security certifies 
that the Federal Government has achieved operational control of the 
Southern Border as defined in section 2 of this Act.
            (1) Additional deployments.--The Secretary of Defense may 
        exceed the number specified in this section at the request of a 
        Governor of a State along the Southern Border if operational 
        control of the Southern Border has not been achieved.
            (2) Deployment authorities.--Members of the National Guard 
        required to be deployed under this section may be deployed 
        under section 502(f) of title 32, United States Code, pursuant 
        to a State border control activities plan approved under 
        section 112a of such title, as added by this section, or 
        pursuant to the order of the Secretary of Defense under any 
        other provision of law.
    (b) Exemption From End Strengths and Other Limitations.--Members of 
the National Guard deployed pursuant to this section shall not be 
included in the calculation to determine compliance with--
            (1) limits on end strength; or
            (2) limits on the number of National Guard personnel that 
        may be placed on active duty for operational support.
    (c) Federal Assistance for State Border Control Activities Plans.--
Title 32, United States Code, is amended by adding after section 115, 
section 116:
``Sec. 116. Assisting States in securing the border
    ``(a) Funding Assistance.--The Secretary of Defense shall provide 
funds to the Governor of a State who submits to the Secretary a State 
border control activities plan satisfying the requirements of 
subsection (c). Such funds shall be used for the following:
            ``(1) The pay, allowances, clothing, subsistence, 
        gratuities, travel, and related expenses, as authorized by 
        State law, of personnel of the National Guard of that State 
        used, while not in Federal service, for the purpose of border 
        control activities.
            ``(2) The operation and maintenance of the equipment and 
        facilities of the National Guard of that State used for the 
        purpose of border control activities.
            ``(3) The procurement of services and equipment, and the 
        leasing of equipment, for the National Guard of that State used 
        for the purpose of border control activities. However, the use 
        of such funds for the procurement of equipment may not exceed 
        $10,000 per item, unless approval for procurement of equipment 
        in excess of that amount is granted in advance by the Secretary 
        of Defense.
    ``(b) Use of Personnel Performing Full-Time National Guard Duty.--
            ``(1) Under regulations prescribed by the Secretary of 
        Defense, personnel of the National Guard of a State may, in 
        accordance with the State border control activities plan 
        referred to in subsection (c), be ordered to perform full-time 
        National Guard duty under section 502(f) of this title for the 
        purpose of carrying out border control activities.
            ``(2) A member of the National Guard serving full-time 
        National Guard duty under orders authorized under paragraph (1) 
        shall participate in the training required under section 502(a) 
        of this title in addition to the duty performed for the purpose 
        authorized under that paragraph. The pay, allowances, and other 
        benefits of the member while participating in the training 
        shall be the same as those to which the member is entitled 
        while performing duty for the purpose of carrying out border 
        control activities. The member is not entitled to additional 
        pay, allowances, or other benefits for participation in 
        training required under section 502(a)(1) of this title.
            ``(3) Appropriations available for the Department of 
        Defense for homeland defense may be used for paying costs 
        associated with a member's participation in training described 
        in this section. Appropriations available for paying those 
        costs shall be available for making the reimbursements.
    ``(c) To ensure that the use of units and personnel of the National 
Guard of a State pursuant to a State border control activities plan 
does not degrade the training and readiness of such units and 
personnel, the following requirements shall apply in determining the 
border control activities that units and personnel of the National 
Guard of a State may perform:
            ``(1) The performance of the activities may not adversely 
        affect the quality of that training or otherwise interfere with 
        the ability of a member or unit of the National Guard to 
        perform the military functions of the member or unit.
            ``(2) National Guard personnel will not degrade their 
        military skills as a result of performing the activities.
            ``(3) The performance of the activities will not result in 
        a significant increase in the cost of training.
            ``(4) In the case of border control activities performed by 
        a unit organized to serve as a unit, the activities will 
        support valid unit training requirements.
    ``(d) Plan Requirements.--A State border control activities plan 
shall--
            ``(1) specify how personnel of the National Guard of that 
        State are to be used in border control activities in support of 
        the mission of the United States Customs and Border Protection 
        of the Department of Homeland Security;
            ``(2) certify that those operations are to be conducted at 
        a time when the personnel involved are not in Federal service;
            ``(3) certify that participation by National Guard 
        personnel in those operations is service in addition to 
        training required under section 502 of this title;
            ``(4) certify that any engineer-type activities (as defined 
        by the Secretary of Defense) under the plan will be performed 
        only by units and members of the National Guard;
            ``(5) include a certification by the Attorney General of 
        the State (or, in the case of a State with no position of 
        Attorney General, a civilian official of the State equivalent 
        to a State attorney general) that the use of the National Guard 
        of the State for the activities proposed under the plan is 
        authorized by, and is consistent with, State law; and
            ``(6) certify that the Governor of the State or a civilian 
        law enforcement official of the State designated by the 
        Governor has determined that any activities included in the 
        plan that are carried out in conjunction with Federal law 
        enforcement agencies serve a State law enforcement purpose.
    ``(e) Examination of Plan.--Before funds are provided to the 
Governor of a State under this section and before members of the 
National Guard of that State are ordered to full-time National Guard 
duty as authorized in subsection (b), the Secretary of Defense shall, 
in consultation with the Secretary of Homeland Security, examine the 
adequacy of the plan submitted by the Governor under subsection (c). 
The plan as approved by the Secretary of Defense may provide for the 
use of personnel and equipment of the National Guard of that State to 
assist United States Customs and Border Protection in the 
transportation of aliens who have violated a Federal immigration law.
    ``(f) Annual Report.--The Secretary of Defense shall submit to 
Congress within 180 days an annual report regarding assistance provided 
and activities carried out under this section during the preceding 
fiscal year. The report shall include the following:
            ``(1) The number of members of the National Guard deployed 
        along the border.
            ``(2) A description of the border control activities 
        conducted by the National Guard along the border.
            ``(3) An accounting of the amount of funds provided to each 
        State.
            ``(4) A description of the effect on military training and 
        readiness of using units and personnel of the National Guard to 
        perform activities under the State border control activities 
        plans.
    ``(g) Statutory Construction.--Nothing in this section shall be 
construed as a limitation on the authority of any unit of the National 
Guard of a State, when such unit is not in Federal service, to perform 
law enforcement functions authorized to be performed by the National 
Guard by the laws of the State concerned.
    ``(h) Border Control Activities Defined.--The term `border control 
activities', with respect to the National Guard of a State, means the 
use of National Guard personnel in border control activities authorized 
by the law of the State and requested by the Governor of the State in 
support of the mission of the United States Customs and Border 
Protection of the Department of Homeland Security, including activities 
as follows:
            ``(1) Armed vehicle and foot patrols along the 
        international border between the United States and Mexico.
            ``(2) Interdiction of a vehicle, vessel, aircraft or other 
        similar activity.
            ``(3) Search, seizure, and detention of suspects.
            ``(4) Construction of roads, fences, and vehicle barriers.
            ``(5) Search and rescue operations.
            ``(6) Intelligence gathering, surveillance, and 
        reconnaissance.
            ``(7) Aviation support.''.

SEC. 6. KEEPING CRIMINAL ALIENS OFF OF THE STREETS.

    (a) Detention, Release, and Removal of Aliens Ordered Removed.--
            (1) In section 241(a)(1)(A) of the Immigration and 
        Nationality Act, strike ``Attorney General'' and insert 
        ``Secretary of Homeland Security''.
            (2) In section 241(a)(1)(B) of the Immigration and 
        Nationality Act, strike ``following:'' and insert ``following, 
        if the alien is in the custody of the Secretary on the date in 
        question, and if the alien is not yet in the custody of the 
        Secretary, then the removal period will start on the day the 
        alien is taken into custody of the Secretary after the latest 
        of the following:''.
            (3) Strike section 241(a)(1)(C) of the Immigration and 
        Nationality Act, and replace with:
                    ``(C) Suspension of period.--The removal period 
                shall be extended beyond a period of 90 days and the 
                alien may remain in detention during such extended 
                period if:
                            ``(i) The alien fails or refuses to make 
                        timely application in good faith for travel or 
                        other documents necessary to the alien's 
                        departure or conspires or acts to prevent the 
                        alien's removal subject to an order of removal, 
                        or in any other way fails or refuses to fully 
                        cooperate with the Secretary of Homeland 
                        Security's efforts to carry out the removal 
                        order.
                            ``(ii) Any court, immigration judge or the 
                        Board of Immigration Appeals orders a stay of 
                        the alien's removal.
                            ``(iii) Another agency takes custody of the 
                        alien.''.
            (4) In section 241(a)(1)(2) of the Immigration and 
        Nationality Act, strike ``Attorney General'' each time it 
        appears and replace with ``Secretary of Homeland Security''.
            (5) Strike section 241(a)(3) of the Immigration and 
        Nationality Act and replace with:
            ``Supervision after 90-day period.--If the alien does not 
        leave or is not removed within the removal period, or is not 
        detained pursuant to paragraph (8) of this subsection, the 
        alien pending removal shall be subject to supervision under 
        regulations prescribed by the Secretary of Homeland Security. 
        The regulations shall include provisions:
                    ``(A) Requiring the alien--
                            ``(i) to appear before an immigration 
                        officer monthly for identification, and to be 
                        eligible for placement in detention again if an 
                        appearance is missed;
                            ``(ii) to give information under oath about 
                        the alien's nationality, circumstances, habits, 
                        associations, and activities, and other 
                        information the Secretary of Homeland Security 
                        considers appropriate; and
                            ``(iii) to obey reasonable restrictions on 
                        the alien's conduct or activities that the 
                        Secretary of Homeland Security prescribes for 
                        the alien through regulations.
                    ``(B) The Secretary of Homeland Security must 
                ensure--
                            ``(i) that the alien's whereabouts are 
                        continually monitored electronically to prevent 
                        the alien absconding;
                            ``(ii) that local law enforcement are 
                        notified upon the alien's settlement in a 
                        community of the alien's arrival and known 
                        criminal history; and
                            ``(iii) that any other reasonable 
                        precautions in light of the alien's 
                        circumstances of release are taken for the 
                        protection of the community, at the Federal 
                        Government's expense.''.
            (6) In section 241(a)(4) of the Immigration and Nationality 
        Act, strike ``Attorney General'' each time it appears and 
        replace with ``Secretary of Homeland Security''.
            (7) In section 241(a)(6) of the Immigration and Nationality 
        Act, insert following ``comply with the order of removal'', ``, 
        in accordance with the procedures in paragraph (8)''.
            (8) Insert after paragraph (7):
            ``(8) Detention of aliens from countries refusing 
        repatriation.--The Secretary of Homeland Security shall 
        establish an administrative review process through the 
        rulemaking process, available only to those aliens who are not 
        otherwise subject to mandatory detention, to determine whether 
        and how to release those aliens who have received a final order 
        of removal, and have made all reasonable efforts to comply, 
        including fully cooperating with the Secretary of Homeland 
        Security, but the United States has been unable to return to 
        the alien's country of origin.
                    ``(A) The Secretary will have the authority to 
                detain the alien for 90 days beyond the removal period 
                even if this review process is not instituted.
                    ``(B) At the end of the removal period, the 
                Secretary shall indicate in writing if the review 
                process should be initiated.
                    ``(C) The first hearing to determine whether the 
                alien should be released shall be held within 90 days 
                after the Secretary indicates the review process shall 
                be initiated.
                    ``(D) Both the Secretary and the alien shall be 
                able to present evidence during this review process.
                    ``(E) There will be further hearings every 180 days 
                to determine whether the alien should remain in 
                detention or, if released, be again detained, until the 
                alien is removed from the United States or otherwise 
                leaves the country.
                    ``(F) During the review process, the alien may 
                continue to be detained, or, if released, shall be 
                detained again, if evidence is presented at the first 
                or subsequent hearing that--
                            ``(i) there is still any significant 
                        likelihood the alien may be removed,
                            ``(ii) the alien has a highly contagious 
                        disease that poses a threat to public safety,
                            ``(iii) the Secretary of State says release 
                        would have adverse foreign policy consequences,
                            ``(iv) there is reason to believe based on 
                        classified information that releasing the alien 
                        would threaten the security of the United 
                        States,
                            ``(v) the release of the alien would 
                        threaten the safety of the community or any 
                        individual,
                            ``(vi) conditions of release cannot be 
                        expected to ensure the safety of the community,
                            ``(vii) the alien has committed any 
                        aggravated felonies as defined in section 
                        101(a)(43)(A) of this Act, or a crime of 
                        violence as defined in 16 U.S.C. 18, or
                            ``(viii) because of a mental condition the 
                        alien is likely to commit a crime of violence 
                        or threaten the safety of himself or any other 
                        person.
                    ``(G) The review will allow one administrative 
                appeal of the outcome of the hearing. After the alien 
                has exhausted his administrative remedies, review of 
                the outcome will only be available through habeas 
                corpus proceedings under the U.S. District Court for 
                the District of Columbia.
                    ``(H) If the review determines that the alien 
                should be released, the Secretary of Homeland Security 
                shall provide notice to the chief law enforcement 
                officers of the State and local jurisdiction in which 
                the alien is released of the identity of the alien and 
                the circumstances which under which he or she was not 
                able to be removed or detained, and will describe what 
                sanctions, if any, have been applied to the alien's 
                country, if the alien has not been removed because that 
                country has refused to accept the alien.''.
    (b) Strike section 243(d) of the Immigration and Nationality Act (8 
U.S.C. 1253(d)) and replace with the following:
    ``(d) Sanctions on Countries Which Deny or Delay Accepting 
Aliens.--
            ``(1) Countries refusing or unreasonably delaying 
        repatriation.--If a country for more than 60 days after 
        receiving a request from an official of the United States who 
        is authorized to make such a request refuses to accept an alien 
        who is a citizen, national, subject, or resident, that country 
        will be considered to be refusing or unreasonably delaying 
        repatriation.
            ``(2) Report.--
                    ``(A) Within 90 days after the date of the 
                enactment of this Act, the Secretary of Homeland 
                Security shall prepare, publish publicly to the 
                Department of Homeland Security Website, and submit to 
                Congress a report listing for each month the following:
                            ``(i) The number of aliens without lawful 
                        status or presence released from the custody of 
                        the Department of Homeland Security with 
                        criminal convictions or arrests, including a 
                        list of the crimes for which each alien was 
                        convicted or arrested, the reason for the 
                        release from custody, and the detention status 
                        of each alien.
                            ``(ii) The number of aliens without lawful 
                        status or presence that come from a country, 
                        which, in the previous six months, refused or 
                        unreasonably delaying repatriating its 
                        citizens, nationals, subjects, or residents, 
                        and will include the total number of aliens 
                        from each country that has refused or delayed 
                        repatriation, the detention status of each of 
                        these aliens, and the criminal record of each 
                        of these aliens.
                    ``(B) Following the first report, the Secretary 
                shall submit subsequent reports annually. If the 
                Secretary of Homeland Security misses the deadline for 
                submitting one of these reports by more than 90 days, 
                any American citizen has a cause of action in the 
                United States District Court against the Secretary to 
                compel the Secretary to publish the late report.
            ``(3) Visas.--Not later than 60 days after the first report 
        has been submitted, and for each report thereafter, the 
        Secretary of State may not issue a visa to any citizen, 
        national, subject, or resident of a country listed in the 
        report. This subsection will apply to the country until a 
        report pursuant to subsection (2) of this section is submitted 
        to Congress or the Secretary of Homeland Security otherwise 
        certifies that the country no longer meets the requirements to 
        be listed in the report, and the country has issued appropriate 
        travel documents to and accepted every alien listed in a report 
        that they have refused. If the State Department should issue a 
        visa to a citizen, national, subject, or resident when it is 
        not legal to do so under this section, that visa shall be null 
        and void under law. If a State Department issues a visa when it 
        is not legal to do so under this section, employees of the 
        State Department shall no longer be eligible for bonuses or 
        salary increases until it has revoked all such unlawful visas 
        and stopped issuing such visas.
            ``(4) Trade.--If a country listed in the report has any 
        favored or preferred status in a trade agreement with the 
        United States, the country will lose that status. This sanction 
        will apply to the country until another report is submitted to 
        Congress or the Secretary of Homeland Security otherwise 
        certifies that the country no longer meets the requirements to 
        be listed in the report, and the country has issued appropriate 
        travel documents to and accepted every alien listed in a report 
        that they have refused.
            ``(5) Foreign aid.--If a country listed in the report 
        receives any money from the United States in foreign aid, the 
        United States will discontinue all such aid. This sanction will 
        apply to the country until another report is submitted to 
        Congress or the Secretary of Homeland Security otherwise 
        certifies that the country no longer meets the requirements to 
        be listed in the report, and the country has issued appropriate 
        travel documents to and accepted every alien listed in a report 
        that they have refused.''.
    (c) Severability.--If any of the provisions of this Act is held to 
be invalid for any reason, the remainder of the Act shall not be 
affected by such holding.

SEC. 7. GROUNDS OF INADMISSIBILITY AND DEPORTABILITY FOR ALIEN GANG 
              MEMBERS.

    (a) Definition of Gang Member.--Section 101(a) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)) is amended by adding at the end 
the following:
            ``(53)(A) The term `criminal gang' means an ongoing group, 
        club, organization, or association of 5 or more persons that 
        has as one of its primary purposes the commission of 1 or more 
        of the following criminal offenses and the members of which 
        engage, or have engaged within the past 5 years, in a 
        continuing series of such offenses, or that has been designated 
        as a criminal gang by the Secretary of Homeland Security, in 
        consultation with the Attorney General, as meeting these 
        criteria. The offenses described, whether in violation of 
        Federal or State law or foreign law and regardless of whether 
        the offenses occurred before, on, or after the date of the 
        enactment of this paragraph, are the following:
                    ``(i) A `felony drug offense' (as defined in 
                section 102 of the Controlled Substances Act (21 U.S.C. 
                802)).
                    ``(ii) An offense under section 274 (related to 
                bringing in and harboring certain aliens), section 277 
                (relating to aiding or assisting certain aliens to 
                enter the United States), or section 278 (relating to 
                importation of alien for immoral purpose).
                    ``(iii) A crime of violence (as defined in section 
                16 of title 18, United States Code).
                    ``(iv) A crime involving obstruction of justice, 
                tampering with or retaliating against a witness, 
                victim, or informant, or burglary.
                    ``(v) Any conduct punishable under sections 1028 
                and 1029 of title 18, United States Code (relating to 
                fraud and related activity in connection with 
                identification documents or access devices), sections 
                1581 through 1594 of such title (relating to peonage, 
                slavery and trafficking in persons), section 1952 of 
                such title (relating to interstate and foreign travel 
                or transportation in aid of racketeering enterprises), 
                section 1956 of such title (relating to the laundering 
                of monetary instruments), section 1957 of such title 
                (relating to engaging in monetary transactions in 
                property derived from specified unlawful activity), or 
                sections 2312 through 2315 of such title (relating to 
                interstate transportation of stolen motor vehicles or 
                stolen property).
                    ``(vi) A conspiracy to commit an offense described 
                in clauses (i) through (v).
            ``(B) Notwithstanding any other provision of law (including 
        any effective date), the term applies regardless of whether the 
        conduct occurred before, on, or after the date of enactment of 
        this paragraph.''.
    (b) Inadmissibility.--Section 212(a)(2) of such Act (8 U.S.C. 
1182(a)(2)), is amended by adding at the end the following:
                    ``(J) Aliens associated with criminal gangs.--Any 
                alien is inadmissible who a consular officer, the 
                Secretary of Homeland Security, or the Attorney General 
                knows or has reason to believe--
                            ``(i) to be or to have been a member of a 
                        criminal gang (as defined in section 
                        101(a)(53)); or
                            ``(ii) to have participated in the 
                        activities of a criminal gang (as defined in 
                        section 101(a)(53)), knowing or having reason 
                        to know that such activities will promote, 
                        further, aid, or support the illegal activity 
                        of the criminal gang.''.
    (c) Deportability.--Section 237(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1227(a)(2)), is amended by adding at the end 
the following:
                    ``(G) Aliens associated with criminal gangs.--Any 
                alien is deportable who the Secretary of Homeland 
                Security or the Attorney General knows or has reason to 
                believe--
                            ``(i) is or has been a member of a criminal 
                        gang (as defined in section 101(a)(53)); or
                            ``(ii) has participated in the activities 
                        of a criminal gang (as so defined), knowing or 
                        having reason to know that such activities will 
                        promote, further, aid, or support the illegal 
                        activity of the criminal gang.''.
    (d) Designation.--
            (1) In general.--The Immigration and Nationality Act (8 
        U.S.C. 1182) is amended by inserting after section 219 the 
        following:

``SEC. 220. DESIGNATION OF CRIMINAL STREET GANG.

    ``(a) Designation.--The Secretary of Homeland Security, in 
consultation with the Attorney General and the Secretary of State, may 
designate a group or association as a criminal street gang if its 
conduct is described in section 101(a)(53) or if the group or 
association conduct poses a significant risk that threatens the 
security and the public safety, national security, homeland security, 
foreign policy, or economy of the United States.
    ``(b) Effective Date.--Designations under subsection (a) shall 
remain in effect until the designation is revoked after consultation 
between the Secretary of Homeland Security, the Attorney General, and 
the Secretary of State or is terminated in accordance with Federal law. 
The Secretary shall notify the Senate Judiciary Committee and the House 
Judiciary Committee of any revocation of designation at least 30 days 
before the revocation takes effect.''.
            (2) Clerical amendment.--The table of contents for such Act 
        is amended by inserting after the item relating to section 219 
        the following:

``Sec. 220. Designation of criminal street gang.''.
    (e) Mandatory Detention.--
            (1) In general.--Section 236(c)(1)(D) of the Immigration 
        and Nationality Act (8 U.S.C. 1226(c)(1)(D)) is amended--
                    (A) by inserting ``or 212(a)(2)(J),'' after 
                ``212(a)(3)(B)''; and
                    (B) by inserting ``or 237(a)(2)(G),'' before 
                ``237(a)(4)(B)''.
            (2) Annual report.--Not later than 180 days after the end 
        of each fiscal year, the Secretary of Homeland Security, after 
        consultation with the Department of Justice, shall submit a 
        report to the Committees on the Judiciary of the House of 
        Representatives and of the Senate on the number of aliens 
        detained under the amendments made by paragraph (1).
    (f) Asylum Claims Based on Gang Affiliation.--
            (1) Inapplicability of restriction on removal to certain 
        countries.--Section 241(b)(3)(B) of the Immigration and 
        Nationality Act (8 U.S.C. 1251(b)(3)(B)) is amended, in the 
        matter preceding clause (i), by inserting ``who is described in 
        section 212(a)(2)(J)(i) or section 237(a)(2)(G)(i) or who is'' 
        following ``to an alien''.
            (2) Ineligibility for asylum.--Section 208(b)(2)(A) of such 
        Act (8 U.S.C. 1158(b)(2)(A)) is amended--
                    (A) in clause (v), by striking ``or'' at the end;
                    (B) by redesignating clause (vi) as clause (vii); 
                and
                    (C) by inserting after clause (v) the following:
                            ``(vi) the alien is described in section 
                        212(a)(2)(J)(i) or section 237(a)(2)(G)(i) 
                        (relating to participation in criminal street 
                        gangs); or''.
    (g) Temporary Protected Status.--Section 244 of such Act (8 U.S.C. 
1254a) is amended--
            (1) by striking ``Attorney General'' each place it appears 
        and inserting ``Secretary of Homeland Security'';
            (2) in subparagraph (c)(2)(B), by adding at the end the 
        following:
                            ``(iii) the alien is, or at any time after 
                        admission has been, a member of a criminal gang 
                        (as defined in section 101(a)(53)).''; and
            (3) in subsection (d)--
                    (A) by striking paragraph (3) and redesignating 
                paragraph (4) as paragraph (3); and
                    (B) in paragraph (3), as redesignated, by adding at 
                the end the following: ``The Secretary of Homeland 
                Security may detain an alien provided temporary 
                protected status under this section whenever 
                appropriate under any other provision of law.''.
    (h) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 8. ADDITIONAL JUDGES.

    (a) Evaluation.--Not later than 30 days after the enactment of this 
Act, the Attorney General, in consultation with the Secretary of 
Homeland Security, shall submit to Congress a report indicating the 
number, if any, of additional immigration judges that are needed to 
process the backlog of removal cases.
    (b) Reporting.--Following the initial report, the Attorney General, 
in consultation with the Secretary of Homeland Security, shall 
thereafter submit a report annually to the Committee on the Judiciary 
in the Senate and the Committee on the Judiciary in the House, 
indicating the number of immigration judges needed for the following 
fiscal year.

SEC. 9. ADDITIONAL DETENTION SPACE.

    (a) Additional Detention Space Needed To House Unlawful Entrants.--
Not later than 30 days of enactment, the Secretary of Homeland Security 
shall submit to Congress a request for additional beds and detention 
space needed to hold criminal aliens and aliens without lawful presence 
or lawful status.
    (b) Reporting.--The Secretary of Homeland Security shall submit to 
Congress annually a report indicating the number, if any, of additional 
detention beds and detention space needed to hold criminal aliens and 
aliens without lawful presence or lawful status.
    (c) Funding.--Such requests are hereby authorized to be funded.

SEC. 10. OFFSETS.

    (a) Closing the Additional Child Tax Credit Loophole.--
            (1) In general.--Subsection (e) of section 24 of the 
        Internal Revenue Code of 1986 is amended by striking ``under 
        this section to a taxpayer'' and all that follows and inserting 
        ``under this section to any taxpayer unless--
                    ``(A) such taxpayer includes the taxpayer's valid 
                identification number (as defined in section 
                6428(h)(2)) on the return of tax for the taxable year, 
                and
                    ``(B) with respect to any qualifying child, the 
                taxpayer includes the name and taxpayer identification 
                number of such qualifying child on such return of 
                tax.''.
            (2) Effective date.--The amendment made by this section 
        shall apply to the first full taxable year and all subsequent 
        years following the date of enactment of this Act.
    (b) Section 1641 of Title 8 of the United States Code Is Amended by 
Adding.--
            (1) Limitation on benefits for previously unlawful 
        aliens.--
    ``(d) Limitation on Benefits for Previously Unlawful Aliens.--Any 
alien in violation of section 212(a)(6) or section 212(a)(7) of the 
Immigration and Nationality Act who gains lawful status pursuant to an 
Act of Congress, or lawful status or lawful presence pursuant to an 
order or policy directive by the Executive Branch, is hereby not 
qualified for public benefits under this section.''.
            (2) Effective date.--This provision shall be effective upon 
        enactment of this Act.
    (c) Foreign Remittance Tax.--
            (1) In general.--Section 1073 of Public Law 111-203 is 
        amended by adding:
    ``Taxation of Remittances.-- All monetary remittances sent from 
senders in the United States to recipients in any of the top ten 
remittance recipient nations shall be taxed at the rate of ten percent 
(10%) of the transmitted amount, provided however that the transmitters 
shall not be required to provide to the Internal Revenue Service 
information with respect to each individual transmission. The top ten 
remittance recipients are defined as those ten nations with the 
greatest money transfers from the United States, from reported data 
required in Public Law 111-203.''.
            (2) Effective date.--This provision shall be effective upon 
        enactment of this Act.

SEC. 11. LIMITATION ON DEFERRED ACTION FOR CHILDHOOD ARRIVALS; 
              RESTRICTIONS ON EMPLOYMENT AUTHORIZATION FOR ALIENS NOT 
              IN LAWFUL STATUS.

    No agency or instrumentality of the Federal Government may use 
Federal funding or resources--
            (1) to consider or adjudicate any new or previously denied 
        application of any alien requesting consideration of deferred 
        action for childhood arrivals, as authorized by Executive 
        memorandum on August 15, 2012; or
            (2) to authorize any alien to work in the United States if 
        such alien--
                    (A) was not lawfully admitted into the United 
                States in compliance with the Immigration and 
                Nationality Act (8 U.S.C. 1101 et seq.); and
                    (B) is not in lawful status in the United States on 
                the date of the enactment of this Act.
                                 <all>