[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7059 Introduced in House (IH)]

<DOC>






115th CONGRESS
  2d Session
                                H. R. 7059

    To fund construction of the southern border wall and to ensure 
                compliance with Federal immigration law.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 12, 2018

 Mr. McCarthy 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 the Budget, 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 fund construction of the southern border wall and to ensure 
                compliance with Federal immigration law.

    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 ``Build the Wall, Enforce the Law Act 
of 2018''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Voting is fundamental to a functioning democracy.
            (2) The Constitution prohibits discrimination in voting 
        based on race, sex, poll taxes, and age.
            (3) It is of paramount importance that the United States 
        maintains the legitimacy of its elections and protects them 
        from interference, including interference from foreign threats 
        and illegal voting.
            (4) The city of San Francisco, California, is allowing non-
        citizens, including illegal immigrants, to register to vote in 
        school board elections.
            (5) Federal law prohibits non-citizens from voting in 
        elections for Federal office.
            (6) The national security interests of the United States 
        are dependent on the brave men and women who enforce our 
        Nation's immigration laws.
            (7) Abolishing United States Immigration and Customs 
        Enforcement (ICE) would mean open borders because it would 
        eliminate the main agency responsible for removing people who 
        enter or remain in our country illegally.
            (8) Calls to abolish ICE are an insult to these heroic law 
        enforcement officers who make sacrifices every day to secure 
        our borders, enforce our laws, and protect our safety and 
        security.
            (9) Abolishing ICE would allow dangerous criminal aliens, 
        including violent and ruthless members of the MS-13 gang, to 
        remain in American communities.
            (10) During fiscal year 2017, ICE Enforcement and Removal 
        Operations (ERO) arrested more than 127,000 aliens with 
        criminal convictions or charges.
            (11) ICE ERO made 5,225 administrative arrests of suspected 
        gang members in fiscal year 2017.
            (12) Criminal aliens arrested by ICE ERO in fiscal year 
        2017 were responsible for more than--
                    (A) 76,000 dangerous drug offenses;
                    (B) 48,000 assault offenses;
                    (C) 11,000 weapon offenses;
                    (D) 5,000 sexual assault offenses;
                    (E) 2,000 kidnapping offenses; and
                    (F) 1,800 homicide offenses.
            (13) ICE Homeland Security Investigations made 4,818 gang-
        related arrests in fiscal year 2017.
            (14) ICE identified or rescued 904 sexually exploited 
        children; Whereas ICE identified or rescued 518 victims of 
        human trafficking; Whereas abolishing ICE would mean that 
        countless illegal aliens who could pose a threat to public 
        safety would be allowed to roam free instead of being removed 
        from American soil.
            (15) Abolishing ICE would mean more dangerous illegal drugs 
        flowing into our communities, causing more Americans to 
        needlessly suffer.
            (16) ICE plays a critical role in combatting the drug 
        crisis facing our Nation.
            (17) ICE seized more than 980,000 pounds of narcotics in 
        fiscal year 2017, including thousands of pounds of the deadly 
        drugs fueling the opioid crisis.
            (18) ICE seized 2,370 pounds of fentanyl and 6,967 pounds 
        of heroin in fiscal year 2017.
            (19) ICE logged nearly 90,000 investigative hours directed 
        toward fentanyl in fiscal year 2017.
            (20) Abolishing ICE would leave these drugs in our 
        communities to cause more devastation.
            (21) Abolishing ICE would mean eliminating the agency that 
        deports aliens that pose a terrorist threat to the United 
        States.
            (22) ICE was created in 2003 to better protect national 
        security and public safety after the 9/11 terrorists exploited 
        immigration laws to gain entry into the United States.
            (23) The National Commission on Terrorist Attacks found 
        that many of the 9/11 hijackers committed visa violations.
            (24) ICE identifies dangerous individuals before they enter 
        our country and locates them as they violate our immigration 
        laws.
            (25) Abolishing ICE would enable the hundreds of thousands 
        of foreign nationals who illegally overstay their visa each 
        year to remain in the United States indefinitely.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) allowing illegal immigrants the right to vote devalues 
        the franchise and diminishes the voting power of United States 
        citizens; and
            (2) Congress--
                    (A) supports all United States Immigration and 
                Customs Enforcement (ICE) officers and personnel who 
                carry out the important mission of ICE;
                    (B) denounces calls for the abolishment of ICE; and
                    (C) supports the efforts of all Federal agencies, 
                State law enforcement, and military personnel who bring 
                law and order to our Nation's borders.

SEC. 4. STATE NONCOMPLIANCE WITH ENFORCEMENT OF IMMIGRATION LAW.

    (a) In General.--Section 642 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) In General.--Notwithstanding any other provision of Federal, 
State, or local law, no Federal, State, or local government entity, and 
no individual, may prohibit or in any way restrict, a Federal, State, 
or local government entity, official, or other personnel from complying 
with the immigration laws (as defined in section 101(a)(17) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(17))), or from 
assisting or cooperating with Federal law enforcement entities, 
officials, or other personnel regarding the enforcement of these 
laws.'';
            (2) by striking subsection (b) and inserting the following:
    ``(b) Law Enforcement Activities.--Notwithstanding any other 
provision of Federal, State, or local law, no Federal, State, or local 
government entity, and no individual, may prohibit, or in any way 
restrict, a Federal, State, or local government entity, official, or 
other personnel from undertaking any of the following law enforcement 
activities as they relate to information regarding the citizenship or 
immigration status, lawful or unlawful, the inadmissibility or 
deportability, or the custody status, of any individual:
            ``(1) Making inquiries to any individual in order to obtain 
        such information regarding such individual or any other 
        individuals.
            ``(2) Notifying the Federal Government regarding the 
        presence of individuals who are encountered by law enforcement 
        officials or other personnel of a State or political 
        subdivision of a State.
            ``(3) Complying with requests for such information from 
        Federal law enforcement entities, officials, or other 
        personnel.'';
            (3) in subsection (c), by striking ``Immigration and 
        Naturalization Service'' and inserting ``Department of Homeland 
        Security''; and
            (4) by adding at the end the following:
    ``(d) Compliance.--
            ``(1) Eligibility for certain grant programs.--A State, or 
        a political subdivision of a State, that is found not to be in 
        compliance with subsection (a) or (b) shall not be eligible to 
        receive--
                    ``(A) any of the funds that would otherwise be 
                allocated to the State or political subdivision under 
                section 241(i) of the Immigration and Nationality Act 
                (8 U.S.C. 1231(i)), the `Cops on the Beat' program 
                under part Q of title I of the Omnibus Crime Control 
                and Safe Streets Act of 1968 (42 U.S.C. 3796dd et 
                seq.), or the Edward Byrne Memorial Justice Assistance 
                Grant Program under subpart 1 of part E of title I of 
                the Omnibus Crime Control and Safe Streets Act of 1968 
                (42 U.S.C. 3750 et seq.); or
                    ``(B) any other grant administered by the 
                Department of Justice or the Department of Homeland 
                Security that is substantially related to law 
                enforcement, terrorism, national security, immigration, 
                or naturalization.
            ``(2) Exception.--A political subdivision is not found not 
        to be in compliance with subsection (a) or (b) as a consequence 
        of being required to comply with a statute or other legal 
        requirement of a State or another political subdivision with 
        jurisdiction over that political subdivision, and shall remain 
        eligible to receive grant funds described in paragraph (1). In 
        the case described in the previous sentence, the State or 
        political subdivision that enacted the statute or other legal 
        requirement shall not be eligible to receive such funds.
            ``(3) Transfer of custody of aliens pending removal 
        proceedings.--The Secretary, at the Secretary's discretion, may 
        decline to transfer an alien in the custody of the Department 
        of Homeland Security to a State or political subdivision of a 
        State found not to be in compliance with subsection (a) or (b), 
        regardless of whether the State or political subdivision of the 
        State has issued a writ or warrant.
            ``(4) Transfer of custody of certain aliens prohibited.--
        The Secretary shall not transfer an alien with a final order of 
        removal pursuant to paragraph (1)(A) or (5) of section 241(a) 
        of the Immigration and Nationality Act (8 U.S.C. 1231(a)) to a 
        State or a political subdivision of a State that is found not 
        to be in compliance with subsection (a) or (b).
            ``(5) Annual determination.--The Secretary shall determine 
        for each calendar year which States or political subdivision of 
        States are not in compliance with subsection (a) or (b) and 
        shall report such determinations to Congress by March 1 of each 
        succeeding calendar year.
            ``(6) Reports.--The Secretary of Homeland Security shall 
        issue a report concerning the compliance with subsections (a) 
        and (b) of any particular State or political subdivision of a 
        State at the request of the House or the Senate Judiciary 
        Committee. Any jurisdiction that is found not to be in 
        compliance shall be ineligible to receive Federal financial 
        assistance as provided in paragraph (1) for a minimum period of 
        1 year, and shall only become eligible again after the 
        Secretary of Homeland Security certifies that the jurisdiction 
        has come into compliance.
            ``(7) Reallocation.--Any funds that are not allocated to a 
        State or to a political subdivision of a State due to the 
        failure of the State or of the political subdivision of the 
        State to comply with subsection (a) or (b) shall be reallocated 
        to States or to political subdivisions of States that comply 
        with both such subsections.
    ``(e) Construction.--Nothing in this section shall require law 
enforcement officials from States, or from political subdivisions of 
States, to report or arrest victims or witnesses of a criminal 
offense.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act, except that subsection 
(d) of section 642 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1373), as added by this section, 
shall apply only to prohibited acts committed on or after the date of 
the enactment of this Act.

SEC. 5. CLARIFYING THE AUTHORITY OF ICE DETAINERS.

    (a) In General.--Section 287(d) of the Immigration and Nationality 
Act (8 U.S.C. 1357(d)) is amended to read as follows:
    ``(d) Detainer of Inadmissible or Deportable Aliens.--
            ``(1) In general.--In the case of an individual who is 
        arrested by any Federal, State, or local law enforcement 
        official or other personnel for the alleged violation of any 
        criminal or motor vehicle law, the Secretary may issue a 
        detainer regarding the individual to any Federal, State, or 
        local law enforcement entity, official, or other personnel if 
        the Secretary has probable cause to believe that the individual 
        is an inadmissible or deportable alien.
            ``(2) Probable cause.--Probable cause is deemed to be 
        established if--
                    ``(A) the individual who is the subject of the 
                detainer matches, pursuant to biometric confirmation or 
                other Federal database records, the identity of an 
                alien who the Secretary has reasonable grounds to 
                believe to be inadmissible or deportable;
                    ``(B) the individual who is the subject of the 
                detainer is the subject of ongoing removal proceedings, 
                including matters where a charging document has already 
                been served;
                    ``(C) the individual who is the subject of the 
                detainer has previously been ordered removed from the 
                United States and such an order is administratively 
                final;
                    ``(D) the individual who is the subject of the 
                detainer has made voluntary statements or provided 
                reliable evidence that indicate that they are an 
                inadmissible or deportable alien; or
                    ``(E) the Secretary otherwise has reasonable 
                grounds to believe that the individual who is the 
                subject of the detainer is an inadmissible or 
                deportable alien.
            ``(3) Transfer of custody.--If the Federal, State, or local 
        law enforcement entity, official, or other personnel to whom a 
        detainer is issued complies with the detainer and detains for 
        purposes of transfer of custody to the Department of Homeland 
        Security the individual who is the subject of the detainer, the 
        Department may take custody of the individual within 48 hours 
        (excluding weekends and holidays), but in no instance more than 
        96 hours, following the date that the individual is otherwise 
        to be released from the custody of the relevant Federal, State, 
        or local law enforcement entity.''.
    (b) Immunity.--
            (1) In general.--A State or a political subdivision of a 
        State (and the officials and personnel of the State or 
        subdivision acting in their official capacities), and a 
        nongovernmental entity (and its personnel) contracted by the 
        State or political subdivision for the purpose of providing 
        detention, acting in compliance with a Department of Homeland 
        Security detainer issued pursuant to this section who 
        temporarily holds an alien in its custody pursuant to the terms 
        of a detainer so that the alien may be taken into the custody 
        of the Department of Homeland Security, shall be considered to 
        be acting under color of Federal authority for purposes of 
        determining their liability and shall be held harmless for 
        their compliance with the detainer in any suit seeking any 
        punitive, compensatory, or other monetary damages.
            (2) Federal government as defendant.--In any civil action 
        arising out of the compliance with a Department of Homeland 
        Security detainer by a State or a political subdivision of a 
        State (and the officials and personnel of the State or 
        subdivision acting in their official capacities), or a 
        nongovernmental entity (and its personnel) contracted by the 
        State or political subdivision for the purpose of providing 
        detention, the United States Government shall be the proper 
        party named as the defendant in the suit in regard to the 
        detention resulting from compliance with the detainer.
            (3) Bad faith exception.--Paragraphs (1) and (2) shall not 
        apply to any mistreatment of an individual by a State or a 
        political subdivision of a State (and the officials and 
        personnel of the State or subdivision acting in their official 
        capacities), or a nongovernmental entity (and its personnel) 
        contracted by the State or political subdivision for the 
        purpose of providing detention.
    (c) Private Right of Action.--
            (1) Cause of action.--Any individual, or a spouse, parent, 
        or child of that individual (if the individual is deceased), 
        who is the victim of a murder, rape, or any felony, as defined 
        by the State, for which an alien (as defined in section 
        101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(3))) has been convicted and sentenced to a term of 
        imprisonment of at least 1 year, may bring an action against a 
        State or political subdivision of a State in the appropriate 
        Federal or State court if the State or political subdivision 
        released the alien from custody prior to the commission of such 
        crime as a consequence of the State or political subdivision's 
        declining to honor a detainer issued pursuant to section 
        287(d)(1) of the Immigration and Nationality Act (8 U.S.C. 
        1357(d)(1)).
            (2) Limitation on bringing action.--An action brought under 
        this subsection may not be brought later than 10 years 
        following the occurrence of the crime, or death of a person as 
        a result of such crime, whichever occurs later.
            (3) Attorney's fee and other costs.--In any action or 
        proceeding under this subsection the court shall allow a 
        prevailing plaintiff a reasonable attorneys' fee as part of the 
        costs, and include expert fees as part of the attorneys' fee.

SEC. 6. SARAH AND GRANT'S LAW.

    (a) Detention of Aliens During Removal Proceedings.--
            (1) Clerical amendments.--(A) Section 236 of the 
        Immigration and Nationality Act (8 U.S.C. 1226) is amended by 
        striking ``Attorney General'' each place it appears (except in 
        the second place that term appears in section 236(a)) and 
        inserting ``Secretary of Homeland Security''.
            (B) Section 236(a) of such Act (8 U.S.C. 1226(a)) is 
        amended by inserting ``the Secretary of Homeland Security or'' 
        before ``the Attorney General--''.
            (C) Section 236(e) of such Act (8 U.S.C. 1226(e)) is 
        amended by striking ``Attorney General's'' and inserting 
        ``Secretary of Homeland Security's''.
            (2) Length of detention.--Section 236 of such Act (8 U.S.C. 
        1226) is amended by adding at the end the following:
    ``(f) Length of Detention.--
            ``(1) In general.--Notwithstanding any other provision of 
        this section, an alien may be detained, and for an alien 
        described in subsection (c) shall be detained, under this 
        section without time limitation, except as provided in 
        subsection (h), during the pendency of removal proceedings.
            ``(2) Construction.--The length of detention under this 
        section shall not affect detention under section 241.''.
            (3) Detention of criminal aliens.--Section 236(c)(1) of 
        such Act (8 U.S.C. 1226(c)(1)) is amended--
                    (A) in subparagraph (C), by striking ``or'' at the 
                end;
                    (B) by inserting after subparagraph (D) the 
                following:
                    ``(E) is unlawfully present in the United States 
                and has been convicted for driving while intoxicated 
                (including a conviction for driving while under the 
                influence or impaired by alcohol or drugs) without 
                regard to whether the conviction is classified as a 
                misdemeanor or felony under State law, or
                    ``(F)(i)(I) is inadmissible under section 
                212(a)(6)(i),
                    ``(II) is deportable by reason of a visa revocation 
                under section 221(i), or
                    ``(III) is deportable under section 
                237(a)(1)(C)(i), and
                    ``(ii) has been arrested or charged with a 
                particularly serious crime or a crime resulting in the 
                death or serious bodily injury (as defined in section 
                1365(h)(3) of title 18, United States Code) of another 
                person;''; and
                    (C) by amending the matter following subparagraph 
                (F) (as added by subparagraph (B) of this paragraph) to 
                read as follows:
        ``any time after the alien is released, without regard to 
        whether an alien is released related to any activity, offense, 
        or conviction described in this paragraph; to whether the alien 
        is released on parole, supervised release, or probation; or to 
        whether the alien may be arrested or imprisoned again for the 
        same offense. If the activity described in this paragraph does 
        not result in the alien being taken into custody by any person 
        other than the Secretary, then when the alien is brought to the 
        attention of the Secretary or when the Secretary determines it 
        is practical to take such alien into custody, the Secretary 
        shall take such alien into custody.''.
            (4) Administrative review.--Section 236 of the Immigration 
        and Nationality Act (8 U.S.C. 1226), as amended by paragraph 
        (2), is further amended by adding at the end the following:
    ``(g) Administrative Review.--The Attorney General's review of the 
Secretary's custody determinations under subsection (a) for the 
following classes of aliens shall be limited to whether the alien may 
be detained, released on bond (of at least $1,500 with security 
approved by the Secretary), or released with no bond:
            ``(1) Aliens in exclusion proceedings.
            ``(2) Aliens described in section 212(a)(3) or 237(a)(4).
            ``(3) Aliens described in subsection (c).
    ``(h) Release on Bond.--
            ``(1) In general.--An alien detained under subsection (a) 
        may seek release on bond. No bond may be granted except to an 
        alien who establishes by clear and convincing evidence that the 
        alien is not a flight risk or a danger to another person or the 
        community.
            ``(2) Certain aliens ineligible.--No alien detained under 
        subsection (c) may seek release on bond.''.
            (5) Clerical amendments.--(A) Section 236(a)(2)(B) of the 
        Immigration and Nationality Act (8 U.S.C. 1226(a)(2)(B)) is 
        amended by striking ``conditional parole'' and inserting 
        ``recognizance''.
            (B) Section 236(b) of such Act (8 U.S.C. 1226(b)) is 
        amended by striking ``parole'' and inserting ``recognizance''.
    (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 
any alien in detention under the provisions of section 236 of the 
Immigration and Nationality Act (8 U.S.C. 1226), as so amended, or 
otherwise subject to the provisions of such section, on or after such 
date.

SEC. 7. ILLEGAL REENTRY.

    Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) 
is amended to read as follows:

                       ``reentry of removed alien

    ``Sec. 276.  (a) Reentry After Removal.--
            ``(1) In general.--Any alien who has been denied admission, 
        excluded, deported, or removed, or who has departed the United 
        States while an order of exclusion, deportation, or removal is 
        outstanding, and subsequently enters, attempts to enter, 
        crosses the border to, attempts to cross the border to, or is 
        at any time found in the United States, shall be fined under 
        title 18, United States Code, imprisoned not more than 2 years, 
        or both.
            ``(2) Exception.--If an alien sought and received the 
        express consent of the Secretary to reapply for admission into 
        the United States, or, with respect to an alien previously 
        denied admission and removed, the alien was not required to 
        obtain such advance consent under the Immigration and 
        Nationality Act or any prior Act, the alien shall not be 
        subject to the fine and imprisonment provided for in paragraph 
        (1).
    ``(b) Reentry of Criminal Offenders.--Notwithstanding the penalty 
provided in subsection (a), if an alien described in that subsection 
was convicted before such removal or departure--
            ``(1) for 3 or more misdemeanors or for a felony, the alien 
        shall be fined under title 18, United States Code, imprisoned 
        not more than 10 years, or both;
            ``(2) for a felony for which the alien was sentenced to a 
        term of imprisonment of not less than 30 months, the alien 
        shall be fined under such title, imprisoned not more than 15 
        years, or both;
            ``(3) for a felony for which the alien was sentenced to a 
        term of imprisonment of not less than 60 months, the alien 
        shall be fined under such title, imprisoned not more than 20 
        years, or both; or
            ``(4) for murder, rape, kidnapping, or a felony offense 
        described in chapter 77 (relating to peonage and slavery) or 
        113B (relating to terrorism) of such title, or for 3 or more 
        felonies of any kind, the alien shall be fined under such 
        title, imprisoned not more than 25 years, or both.
    ``(c) Reentry After Repeated Removal.--Any alien who has been 
denied admission, excluded, deported, or removed 3 or more times and 
thereafter enters, attempts to enter, crosses the border to, attempts 
to cross the border to, 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.
    ``(d) Proof of Prior Convictions.--The prior convictions described 
in subsection (b) are elements of the crimes described, and the 
penalties in that subsection shall apply only in cases in which the 
conviction or convictions that form the basis for the additional 
penalty are--
            ``(1) alleged in the indictment or information; and
            ``(2) proven beyond a reasonable doubt at trial or admitted 
        by the defendant.
    ``(e) Affirmative Defenses.--It shall be an affirmative defense to 
a violation of this section that--
            ``(1) prior to the alleged violation, the alien had sought 
        and received the express consent of the Secretary of Homeland 
        Security to reapply for admission into the United States; or
            ``(2) with respect to an alien previously denied admission 
        and removed, the alien--
                    ``(A) was not required to obtain such advance 
                consent under the Immigration and Nationality Act or 
                any prior Act; and
                    ``(B) had complied with all other laws and 
                regulations governing the alien's admission into the 
                United States.
    ``(f) Reentry of Alien Removed Prior to Completion of Term of 
Imprisonment.--Any alien removed pursuant to section 241(a)(4) who 
enters, attempts to enter, crosses the border to, attempts to cross the 
border to, or is at any time found in, the United States shall be 
incarcerated for the remainder of the sentence of imprisonment which 
was pending at the time of deportation without any reduction for parole 
or supervised release unless the alien affirmatively demonstrates that 
the Secretary of Homeland Security has expressly consented to the 
alien's reentry. Such alien shall be subject to such other penalties 
relating to the reentry of removed aliens as may be available under 
this section or any other provision of law.
    ``(g) Definitions.--For purposes of this section and section 275, 
the following definitions shall apply:
            ``(1) Crosses the border to the united states.--The term 
        `crosses the border' refers to the physical act of crossing the 
        border, regardless of whether the alien is free from official 
        restraint.
            ``(2) Felony.--The term `felony' means any criminal offense 
        punishable by a term of imprisonment of more than 1 year under 
        the laws of the United States, any State, or a foreign 
        government.
            ``(3) Misdemeanor.--The term `misdemeanor' means any 
        criminal offense punishable by a term of imprisonment of not 
        more than 1 year under the applicable laws of the United 
        States, any State, or a foreign government.
            ``(4) Official restraint.--The term `official restraint' 
        means any restraint known to the alien that serves to deprive 
        the alien of liberty and prevents the alien from going at large 
        into the United States. Surveillance unbeknownst to the alien 
        shall not constitute official restraint.
            ``(5) Removal.--The term `removal' includes any denial of 
        admission, exclusion, deportation, or removal, or any agreement 
        by which an alien stipulates or agrees to exclusion, 
        deportation, or removal.
            ``(6) State.--The term `State' means a State of the United 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.''.

SEC. 8. 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) 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:
            ``(A) A `felony drug offense' (as defined in section 102 of 
        the Controlled Substances Act (21 U.S.C. 802)).
            ``(B) An offense under section 274 (relating to bringing in 
        and harboring certain aliens), section 277 (relating to aiding 
        or assisting certain aliens to enter the United States), or 
        section 278 (relating to importation of alien for immoral 
        purpose).
            ``(C) A crime of violence (as defined in section 16 of 
        title 18, United States Code).
            ``(D) A crime involving obstruction of justice or tampering 
        with, or retaliating against, a witness, victim, or informant.
            ``(E) Any conduct punishable under sections 1028(a) 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 1951 of such title (relating to interference with 
        commerce by threats or violence), section 1952 of such title 
        (relating to interstate and foreign travel or transportation in 
        aid of racketeering enterprises), section 1956 of such title 
        (relating to the laundering of monetary instruments), section 
        1957 of such title (relating to engaging in monetary 
        transactions in property derived from specified unlawful 
        activity), or sections 2312 through 2315 of such title 
        (relating to interstate transportation of stolen motor vehicles 
        or stolen property).
            ``(F) A conspiracy to commit an offense described in 
        subparagraphs (A) through (E).''.
    (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--
                            ``(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.--Chapter 2 of title II of the Immigration 
        and Nationality Act (8 U.S.C. 1182) is amended by inserting 
        after section 219 the following:

                     ``designation of criminal gang

    ``Sec. 220.  (a) Designation.--
    ``(1) In General.--The Secretary of Homeland Security, in 
consultation with the Attorney General, may designate a group, club, 
organization, or association of 5 or more persons as a criminal gang if 
the Secretary finds that their conduct is described in section 
101(a)(53).
    ``(2) Procedure.--
            ``(A) Notification.--Seven days before making a designation 
        under this subsection, the Secretary shall, by classified 
        communication, notify the Speaker and Minority Leader of the 
        House of Representatives, the President pro tempore, Majority 
        Leader, and Minority Leader of the Senate, and the members of 
        the relevant committees of the House of Representatives and the 
        Senate, in writing, of the intent to designate a group, club, 
        organization, or association of 5 or more persons under this 
        subsection and the factual basis therefor.
            ``(B) Publication in the federal register.--The Secretary 
        shall publish the designation in the Federal Register seven 
        days after providing the notification under subparagraph (A).
    ``(3) Record.--
            ``(A) In general.--In making a designation under this 
        subsection, the Secretary shall create an administrative 
        record.
            ``(B) Classified information.--The Secretary may consider 
        classified information in making a designation under this 
        subsection. Classified information shall not be subject to 
        disclosure for such time as it remains classified, except that 
        such information may be disclosed to a court ex parte and in 
        camera for purposes of judicial review under subsection (c).
    ``(4) Period of Designation.--
            ``(A) In general.--A designation under this subsection 
        shall be effective for all purposes until revoked under 
        paragraph (5) or (6) or set aside pursuant to subsection (c).
            ``(B) Review of designation upon petition.--
                    ``(i) In general.--The Secretary shall review the 
                designation of a criminal gang under the procedures set 
                forth in clauses (iii) and (iv) if the designated 
                group, club, organization, or association of 5 or more 
                persons files a petition for revocation within the 
                petition period described in clause (ii).
                    ``(ii) Petition period.--For purposes of clause 
                (i)--
                            ``(I) if the designated group, club, 
                        organization, or association of 5 or more 
                        persons has not previously filed a petition for 
                        revocation under this subparagraph, the 
                        petition period begins 2 years after the date 
                        on which the designation was made; or
                            ``(II) if the designated group, club, 
                        organization, or association of 5 or more 
                        persons has previously filed a petition for 
                        revocation under this subparagraph, the 
                        petition period begins 2 years after the date 
                        of the determination made under clause (iv) on 
                        that petition.
                    ``(iii) Procedures.--Any group, club, organization, 
                or association of 5 or more persons that submits a 
                petition for revocation under this subparagraph of its 
                designation as a criminal gang must provide evidence in 
                that petition that it is not described in section 
                101(a)(53).
                    ``(iv) Determination.--
                            ``(I) In general.--Not later than 180 days 
                        after receiving a petition for revocation 
                        submitted under this subparagraph, the 
                        Secretary shall make a determination as to such 
                        revocation.
                            ``(II) Classified information.--The 
                        Secretary may consider classified information 
                        in making a determination in response to a 
                        petition for revocation. Classified information 
                        shall not be subject to disclosure for such 
                        time as it remains classified, except that such 
                        information may be disclosed to a court ex 
                        parte and in camera for purposes of judicial 
                        review under subsection (c).
                            ``(III) Publication of determination.--A 
                        determination made by the Secretary under this 
                        clause shall be published in the Federal 
                        Register.
                            ``(IV) Procedures.--Any revocation by the 
                        Secretary shall be made in accordance with 
                        paragraph (6).
            ``(C) Other review of designation.--
                    ``(i) In general.--If in a 5-year period no review 
                has taken place under subparagraph (B), the Secretary 
                shall review the designation of the criminal gang in 
                order to determine whether such designation should be 
                revoked pursuant to paragraph (6).
                    ``(ii) Procedures.--If a review does not take place 
                pursuant to subparagraph (B) in response to a petition 
                for revocation that is filed in accordance with that 
                subparagraph, then the review shall be conducted 
                pursuant to procedures established by the Secretary. 
                The results of such review and the applicable 
                procedures shall not be reviewable in any court.
                    ``(iii) Publication of results of review.--The 
                Secretary shall publish any determination made pursuant 
                to this subparagraph in the Federal Register.
    ``(5) Revocation by Act of Congress.--The Congress, by an Act of 
Congress, may block or revoke a designation made under paragraph (1).
    ``(6) Revocation Based on Change in Circumstances.--
            ``(A) In general.--The Secretary may revoke a designation 
        made under paragraph (1) at any time, and shall revoke a 
        designation upon completion of a review conducted pursuant to 
        subparagraphs (B) and (C) of paragraph (4) if the Secretary 
        finds that--
                    ``(i) the group, club, organization, or association 
                of 5 or more persons that has been designated as a 
                criminal gang is no longer described in section 
                101(a)(53); or
                    ``(ii) the national security or the law enforcement 
                interests of the United States warrants a revocation.
            ``(B) Procedure.--The procedural requirements of paragraphs 
        (2) and (3) shall apply to a revocation under this paragraph. 
        Any revocation shall take effect on the date specified in the 
        revocation or upon publication in the Federal Register if no 
        effective date is specified.
    ``(7) Effect of Revocation.--The revocation of a designation under 
paragraph (5) or (6) shall not affect any action or proceeding based on 
conduct committed prior to the effective date of such revocation.
    ``(8) Use of Designation in Trial or Hearing.--If a designation 
under this subsection has become effective under paragraph (2) an alien 
in a removal proceeding shall not be permitted to raise any question 
concerning the validity of the issuance of such designation as a 
defense or an objection.
    ``(b) Amendments to a Designation.--
            ``(1) In general.--The Secretary may amend a designation 
        under this subsection if the Secretary finds that the group, 
        club, organization, or association of 5 or more persons has 
        changed its name, adopted a new alias, dissolved and then 
        reconstituted itself under a different name or names, or merged 
        with another group, club, organization, or association of 5 or 
        more persons.
            ``(2) Procedure.--Amendments made to a designation in 
        accordance with paragraph (1) shall be effective upon 
        publication in the Federal Register. Paragraphs (2), (4), (5), 
        (6), (7), and (8) of subsection (a) shall also apply to an 
        amended designation.
            ``(3) Administrative record.--The administrative record 
        shall be corrected to include the amendments as well as any 
        additional relevant information that supports those amendments.
            ``(4) Classified information.--The Secretary may consider 
        classified information in amending a designation in accordance 
        with this subsection. Classified information shall not be 
        subject to disclosure for such time as it remains classified, 
        except that such information may be disclosed to a court ex 
        parte and in camera for purposes of judicial review under 
        subsection (c) of this section.
    ``(c) Judicial Review of Designation.--
            ``(1) In general.--Not later than 30 days after publication 
        in the Federal Register of a designation, an amended 
        designation, or a determination in response to a petition for 
        revocation, the designated group, club, organization, or 
        association of 5 or more persons may seek judicial review in 
        the United States Court of Appeals for the District of Columbia 
        Circuit.
            ``(2) Basis of review.--Review under this subsection shall 
        be based solely upon the administrative record, except that the 
        Government may submit, for ex parte and in camera review, 
        classified information used in making the designation, amended 
        designation, or determination in response to a petition for 
        revocation.
            ``(3) Scope of review.--The Court shall hold unlawful and 
        set aside a designation, amended designation, or determination 
        in response to a petition for revocation the court finds to 
        be--
                    ``(A) arbitrary, capricious, an abuse of 
                discretion, or otherwise not in accordance with law;
                    ``(B) contrary to constitutional right, power, 
                privilege, or immunity;
                    ``(C) in excess of statutory jurisdiction, 
                authority, or limitation, or short of statutory right;
                    ``(D) lacking substantial support in the 
                administrative record taken as a whole or in classified 
                information submitted to the court under paragraph (2); 
                or
                    ``(E) not in accord with the procedures required by 
                law.
            ``(4) Judicial review invoked.--The pendency of an action 
        for judicial review of a designation, amended designation, or 
        determination in response to a petition for revocation shall 
        not affect the application of this section, unless the court 
        issues a final order setting aside the designation, amended 
        designation, or determination in response to a petition for 
        revocation.
    ``(d) Definitions.--As used in this section--
            ``(1) the term `classified information' has the meaning 
        given that term in section 1(a) of the Classified Information 
        Procedures Act (18 U.S.C. App.);
            ``(2) the term `national security' means the national 
        defense, foreign relations, or economic interests of the United 
        States;
            ``(3) the term `relevant committees' means the Committees 
        on the Judiciary of the Senate and of the House of 
        Representatives; and
            ``(4) the term `Secretary' means the Secretary of Homeland 
        Security, in consultation with the Attorney General.''.
            (2) Clerical amendment.--The table of contents for such Act 
        is amended by inserting after the item relating to section 219 
        the following:

``Sec. 220. Designation.''.
    (e) Mandatory Detention of Criminal Gang Members.--
            (1) In general.--Section 236(c)(1) of the Immigration and 
        Nationality Act (8 U.S.C. 1226(c)(1)) is amended--
                    (A) in subparagraph (C), by striking ``or'' at the 
                end;
                    (B) in subparagraph (D), by inserting ``or'' at the 
                end; and
                    (C) by inserting after subparagraph (D) the 
                following:
                    ``(E) is inadmissible under section 212(a)(2)(J) or 
                deportable under section 217(a)(2)(G),''.
            (2) Annual report.--Not later than March 1 of each year 
        (beginning 1 year after the date of the enactment of this Act), 
        the Secretary of Homeland Security, after consultation with the 
        appropriate Federal agencies, shall submit a report to the 
        Committees on the Judiciary of the House of Representatives and 
        of the Senate on the number of aliens detained under the 
        amendments made by paragraph (1).
    (f) Asylum Claims Based on Gang Affiliation.--
            (1) Inapplicability of restriction on removal to certain 
        countries.--Section 241(b)(3)(B) of the Immigration and 
        Nationality Act (8 U.S.C. 1251(b)(3)(B)) is amended, in the 
        matter preceding clause (i), by inserting ``who is described in 
        section 212(a)(2)(J)(i) or section 237(a)(2)(G)(i) or who is'' 
        after ``to an alien''.
            (2) Ineligibility for asylum.--Section 208(b)(2)(A) of such 
        Act (8 U.S.C. 1158(b)(2)(A)) (as amended by section 201 of this 
        Act) is further 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); 
                        or''.
    (g) Temporary Protected Status.--Section 244 of such Act (8 U.S.C. 
1254a) is amended--
            (1) by striking ``Attorney General'' each place it appears 
        and inserting ``Secretary of Homeland Security'';
            (2) in subparagraph (c)(2)(B)--
                    (A) in clause (i), by striking ``or'' at the end;
                    (B) in clause (ii), by striking the period and 
                inserting ``; or''; and
                    (C) by adding at the end the following:
                            ``(iii) the alien is, or at any time has 
                        been, described in section 212(a)(2)(J) or 
                        section 237(a)(2)(G).''; and
            (3) in subsection (d)--
                    (A) by striking paragraph (3); and
                    (B) in paragraph (4), by adding at the end the 
                following: ``The Secretary of Homeland Security may 
                detain an alien provided temporary protected status 
                under this section whenever appropriate under any other 
                provision of law.''.
    (h) Special Immigrant Juvenile Visas.--Section 101(a)(27)(J)(iii) 
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)(iii)) 
is amended--
            (1) in subclause (I), by striking ``and'';
            (2) in subclause (II), by adding ``and'' at the end; and
            (3) by adding at the end the following:
                                    ``(III) no alien who is, or at any 
                                time has been, described in section 
                                212(a)(2)(J) or section 237(a)(2)(G) 
                                shall be eligible for any immigration 
                                benefit under this subparagraph;''.
    (i) Parole.--An alien described in section 212(a)(2)(J) of the 
Immigration and Nationality Act, as added by subsection (b), shall not 
be eligible for parole under section 212(d)(5)(A) of such Act unless--
            (1) the alien is assisting or has assisted the United 
        States Government in a law enforcement matter, including a 
        criminal investigation; and
            (2) the alien's presence in the United States is required 
        by the Government with respect to such assistance.
    (j) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to acts 
that occur before, on, or after the date of the enactment of this Act.

SEC. 9. BORDER SECURITY FUNDING.

    (a) Funding.--In addition to amounts otherwise made available by 
this Act or any other provision of law, there is hereby appropriated to 
the ``U.S. Customs and Border Protection--Procurement, Construction, 
and Improvements'' account, out of any amounts in the Treasury not 
otherwise appropriated, $23,400,000,000, to be available as described 
in subsections (b) and (c), of which--
            (1) $16,625,000,000 shall be for a border wall system along 
        the southern border of the United States, including physical 
        barriers and associated detection technology, roads, and 
        lighting; and
            (2) $6,775,000,000 shall be for infrastructure, assets, 
        operations, and technology to enhance border security along the 
        southern border of the United States, including--
                    (A) border security technology, including 
                surveillance technology, at and between ports of entry;
                    (B) new roads and improvements to existing roads;
                    (C) U.S. Border Patrol facilities and ports of 
                entry;
                    (D) aircraft, aircraft-based sensors and associated 
                technology, vessels, spare parts, and equipment to 
                maintain such assets;
                    (E) a biometric entry and exit system; and
                    (F) family residential centers.
    (b) Availability of Border Wall System Funds.--
            (1) In general.--Of the amount appropriated in subsection 
        (a)(1)--
                    (A) $5,510,244,000 shall become available October 
                1, 2018;
                    (B) $1,715,000,000 shall become available October 
                1, 2019;
                    (C) $2,140,000,000 shall become available October 
                1, 2020;
                    (D) $1,735,000,000 shall become available October 
                1, 2021;
                    (E) $1,746,000,000 shall become available October 
                1, 2022;
                    (F) $1,776,000,000 shall become available October 
                1, 2023; and
                    (G) $2,002,756,000 shall become available October 
                1, 2024.
            (2) Period of availability.--An amount made available under 
        subparagraph (A), (B), (C), (D), (E), (F), or (G) of paragraph 
        (1) shall remain available for five years after the date 
        specified in that subparagraph.
    (c) Availability of Border Security Investment Funds.--
            (1) In general.--Of the amount appropriated in subsection 
        (a)(2)--
                    (A) $500,000,000 shall become available October 1, 
                2018;
                    (B) $1,850,000,000 shall become available October 
                1, 2019;
                    (C) $1,950,000,000 shall become available October 
                1, 2020;
                    (D) $1,925,000,000 shall become available October 
                1, 2021; and
                    (E) $550,000,000 shall become available October 1, 
                2022.
            (2) Period of availability.--An amount made available under 
        subparagraph (A), (B), (C), (D), or (E) of paragraph (1) shall 
        remain available for five years after the date specified in 
        that subparagraph.
            (3) Transfer authority.--
                    (A) In general.--Notwithstanding any limitation on 
                transfer authority in any other provision of law and 
                subject to the notification requirement in subparagraph 
                (B), the Secretary of Homeland Security may transfer 
                any amounts made available under paragraph (1) to the 
                ``U.S. Customs and Border Protection--Operations and 
                Support'' account only to the extent necessary to carry 
                out the purposes described in subsection (a)(2).
                    (B) Notification required.--The Secretary shall 
                notify the Committees on Appropriations of the Senate 
                and the House of Representatives not later than 30 days 
                before each such transfer.
    (d) Multi-Year Spending Plan.--The Secretary of Homeland Security 
shall include in the budget justification materials submitted in 
support of the President's annual budget request for fiscal year 2020 
(as submitted under section 1105(a) of title 31, United States Code) a 
multi-year spending plan for the amounts made available under 
subsection (a).
    (e) Expenditure Plan.--Each amount that becomes available in 
accordance with subsection (b) or (c) may not be obligated until the 
date that is 30 days after the date on which the Committees on 
Appropriations of the Senate and the House of Representatives receive a 
detailed plan, prepared by the Commissioner of U.S. Customs and Border 
Protection, for the expenditure of such amount.
    (f) Quarterly Briefing Requirement.--Beginning not later than 180 
days after the date of the enactment of this Act, and quarterly 
thereafter, the Commissioner of U.S. Customs and Border Protection 
shall brief the Committees on Appropriations of the Senate and the 
House of Representatives regarding activities under and progress made 
in carrying out this section.
    (g) Rules of Construction.--Nothing in this section may be 
construed to limit the availability of funds made available by any 
other provision of law for carrying out the requirements of this Act or 
the amendments made by this Act. Any reference in this section to an 
appropriation account shall be construed to include any successor 
accounts.
    (h) Discretionary Amounts.--Notwithstanding any other provision of 
law, the amounts appropriated under subsection (a) are discretionary 
appropriations (as that term is defined in section 250(c)(7) of the 
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
900(c)(7)).

SEC. 10. EXCLUSION FROM PAYGO SCORECARDS.

    The budgetary effects of this Act shall not be entered on either 
PAYGO scorecard maintained pursuant to section 4(d) of the Statutory 
Pay-As-You-Go Act of 2010.
                                 <all>