[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2199 Placed on Calendar Senate (PCS)]

<DOC>





                                                       Calendar No. 276
115th CONGRESS
  1st Session
                                S. 2199

To authorize appropriations for border infrastructure construction, to 
provide conditional resident status to certain aliens, and to amend the 
 Immigration and Nationality Act to include grounds of inadmissibility 
and deportability for alien members of criminal gangs and cartels, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 6, 2017

 Mr. Flake introduced the following bill; which was read the first time

                            December 7, 2017

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
To authorize appropriations for border infrastructure construction, to 
provide conditional resident status to certain aliens, and to amend the 
 Immigration and Nationality Act to include grounds of inadmissibility 
and deportability for alien members of criminal gangs and cartels, and 
                          for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Border Security and Deferred Action 
Recipient Relief Act''.

SEC. 2. DEFINITION OF SECRETARY.

    In this Act, the term ``Secretary'' means the Secretary of Homeland 
Security.

SEC. 3. BORDER INFRASTRUCTURE CONSTRUCTION.

    (a) Border Security Trust Fund.--
            (1) Establishment.--There is established in the Treasury of 
        the United States a trust fund, to be known as the ``Border 
        Security Trust Fund'' (referred to in this section as the 
        ``Trust Fund''), consisting of the amounts transferred from the 
        general fund of the Treasury under paragraph (2).
            (2) Deposits.--Not later than the date that is the later of 
        the date of enactment of this Act and September 30, 2020, the 
        Secretary of the Treasury shall deposit in the Trust Fund, from 
        the general fund of the Treasury, $1,571,239,000, to remain 
        available until expended.
            (3) Repayment of costs.--
                    (A) In general.--The Secretary of the Treasury 
                shall use any Federal tax liability collected by the 
                Secretary of the Treasury under section 244A(d)(6) of 
                the Immigration and Nationality Act to recover the 
                amount described in paragraph (2).
                    (B) Surcharge authorized.--The Secretary may impose 
                on any conditional permanent resident (as defined in 
                section 244A(a) of the Immigration and Nationality Act) 
                a surcharge in an amount determined by the Secretary to 
                be the minimum proportional amount necessary to recover 
                the amount equal to the difference between--
                            (i) the amount described in paragraph (2); 
                        and
                            (ii) the amount collected under 
                        subparagraph (A).
    (b) Border Security Expenditures.--Amounts in the Trust Fund shall 
be available without further appropriation for procurement, 
construction, and improvements as follows:
            (1) $784,000,000 for 32 miles of new border bollard fencing 
        in the Rio Grande Valley in the State of Texas.
            (2) $498,000,000 for 28 miles of new bollard levee wall in 
        the Rio Grande Valley in the State of Texas.
            (3) $251,000,000 for 14 miles of secondary fencing in San 
        Diego, California.
            (4) $38,239,000 for planning activities relating to border 
        wall construction.

SEC. 4. CANCELLATION OF REMOVAL OF CERTAIN LONG-TERM RESIDENTS WHO 
              ENTERED THE UNITED STATES AS CHILDREN.

    (a) In General.--Chapter 4 of title II of the Immigration and 
Nationality Act (8 U.S.C. 1221 et seq.) is amended by adding at the end 
the following:

``SEC. 244A. CANCELLATION OF REMOVAL OF CERTAIN LONG-TERM RESIDENTS WHO 
              ENTERED THE UNITED STATES AS CHILDREN.

    ``(a) Definitions.--In this section:
            ``(1) Active duty.--The term `active duty' has the meaning 
        given the term in section 101 of title 10, United States Code.
            ``(2) Active service.--The term `active service' has the 
        meaning given the term in section 101 of title 10, United 
        States Code.
            ``(3) Active status.--The term `active status' has the 
        meaning given the term in section 101 of title 10, United 
        States Code.
            ``(4) Alien enlistee.--The term `alien enlistee' means a 
        conditional permanent resident who seeks to maintain or extend 
        conditional permanent resident status by means of satisfaction 
        of the requirements of this section relating to enlistment and 
        service in the Armed Forces.
            ``(5) Alien postsecondary student.--The term `alien 
        postsecondary student' means a conditional permanent resident 
        who seeks to maintain or extend such conditional permanent 
        resident status by means of satisfaction of the requirements of 
        this section relating to enrollment in, and graduation from, an 
        institution of higher education.
            ``(6) Armed forces.--The term `Armed Forces' has the 
        meaning given the term `armed forces' in section 101 of title 
        10, United States Code.
            ``(7) Conditional permanent resident.--The term 
        `conditional permanent resident' means an alien who is granted 
        conditional permanent resident status under subsection 
        (b)(1)(A).
            ``(8) Conviction.--
                    ``(A) In general.--Subparagraph (B) of section 
                101(a)(48) shall not apply to the term `conviction'.
                    ``(B) Exclusions.--The term `conviction' does not 
                include--
                            ``(i) an adjudication or judgment of guilt 
                        that has been dismissed, expunged, deferred, 
                        annulled, invalidated, withheld, or vacated;
                            ``(ii) an order of probation without entry 
                        of judgment; or
                            ``(iii) any similar disposition.
            ``(9) Institution of higher education.--
                    ``(A) In general.--The term `institution of higher 
                education' has the meaning given the term in section 
                102 of the Higher Education Act of 1965 (20 U.S.C. 
                1002).
                    ``(B) Exclusion.--The term `institution of higher 
                education' does not include an institution of higher 
                education outside the United States.
            ``(10) Secretary.--The term `Secretary' means the Secretary 
        of Homeland Security.
    ``(b) Cancellation of Removal of Certain Long-term Residents Who 
Entered the United States as Children.--
            ``(1) Special rule for certain long-term residents who 
        entered the united states as children.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law and except as otherwise provided in 
                this section, the Secretary may cancel the removal of, 
                and grant conditional permanent resident status to, an 
                alien who--
                            ``(i) meets the qualifications described in 
                        subparagraph (B); and
                            ``(ii)(I) is inadmissible under section 
                        212(a) or deportable under section 237(a); or
                            ``(II) is the child of an alien who is 
                        lawfully present in the United States pursuant 
                        to the status described in section 
                        101(a)(15)(E)(ii).
                    ``(B) Qualifications.--To qualify for cancellation 
                of removal or conditional permanent resident status 
                under subparagraph (A), an alien shall submit an 
                application and supporting documentation that 
                demonstrates by the preponderance of the evidence 
                that--
                            ``(i) the alien has been physically present 
                        in the United States for a continuous period 
                        since January 1, 2012;
                            ``(ii) on the date on which the alien 
                        initially entered the United States, the alien 
                        was under 16 years of age;
                            ``(iii) in the case of an alien who is 18 
                        years of age or older on the date on which the 
                        alien submits an application under this 
                        subsection, the alien has--
                                    ``(I) earned--
                                            ``(aa) a high school 
                                        diploma; or
                                            ``(bb) a commensurate 
                                        alternative award from a public 
                                        or private high school or 
                                        secondary school;
                                    ``(II) obtained--
                                            ``(aa) a general education 
                                        development certificate 
                                        recognized under State law; or
                                            ``(bb) a high school 
                                        equivalency diploma in the 
                                        United States;
                                    ``(III) been admitted to an 
                                institution of higher education; or
                                    ``(IV) valid employment 
                                authorization;
                            ``(iv) the alien has been a person of good 
                        moral character since the date on which the 
                        alien initially entered the United States;
                            ``(v) subject to subparagraph (C)--
                                    ``(I) the alien is not inadmissible 
                                under paragraph (1), (2), (3), (4), 
                                (6)(E), (8), (10)(A), (10)(C), or 
                                (10)(D) of section 212(a);
                                    ``(II) the alien is not deportable 
                                under paragraph (1)(E), (1)(G), (2), 
                                (4), (5), or (6) of section 237(a);
                                    ``(III) the alien has not ordered, 
                                incited, assisted, or otherwise 
                                participated in the persecution of any 
                                person on account of race, religion, 
                                nationality, membership in a particular 
                                social group, or political opinion; and
                                    ``(IV) other than an offense under 
                                State or local law for which an 
                                essential element is the immigration 
                                status of the alien, a minor traffic 
                                offense, or a violation of this 
                                section, the alien has not been 
                                convicted of--
                                            ``(aa) any offense under 
                                        Federal or State law punishable 
                                        by a maximum term of 
                                        imprisonment of more than 1 
                                        year; or
                                            ``(bb) any combination of 
                                        offenses under Federal or State 
                                        law, for which the alien was 
                                        sentenced to imprisonment for a 
                                        total of more than 1 year; and
                            ``(vi) the alien has never been subject to 
                        a final administrative or judicial order of 
                        exclusion, deportation, or removal, except if 
                        the alien--
                                    ``(I) has remained in the United 
                                States under color of law after the 
                                date on which the order was issued; or
                                    ``(II) received the order before 
                                the date on which the alien attained 
                                the age of 18 years.
                    ``(C) Waiver.--With respect to any benefit under 
                this section, for humanitarian purposes, family unity, 
                or for any other purpose for which a waiver would 
                otherwise be in the public interest, the Secretary may 
                waive--
                            ``(i) subparagraph (B)(v)(IV);
                            ``(ii) the grounds of inadmissibility under 
                        paragraphs (1), (4), and (6) of section 212(a); 
                        and
                            ``(iii) the grounds of deportability under 
                        paragraph (1) of section 237(a).
                    ``(D) Procedures.--The Secretary shall provide, by 
                regulation, a procedure that allows eligible 
                individuals to apply affirmatively for conditional 
                permanent resident status under this paragraph without 
                being placed in removal proceedings.
                    ``(E) Submission of biometric and biographical 
                data.--
                            ``(i) In general.--The Secretary may not 
                        cancel the removal of an alien or grant 
                        conditional permanent resident status to an 
                        alien under this paragraph unless the alien 
                        submits to the Secretary biometric and 
                        biographical data, in accordance with 
                        procedures established by the Secretary.
                            ``(ii) Alternative procedure.--The 
                        Secretary shall provide an alternative 
                        procedure for the submission of biometric and 
                        biographical data for any applicant for 
                        conditional permanent resident status who is 
                        unable to provide biometric or biographical 
                        data due to a physical impairment.
                    ``(F) Background checks.--
                            ``(i) Requirement for background checks.--
                        The Secretary shall use biometric, 
                        biographical, and other data determined by the 
                        Secretary to be appropriate--
                                    ``(I) to conduct security and law 
                                enforcement background checks of any 
                                alien seeking cancellation of removal 
                                or conditional permanent resident 
                                status under this paragraph; and
                                    ``(II) to determine whether there 
                                is any criminal, national security, or 
                                other factor that would render the 
                                alien ineligible for cancellation of 
                                removal or conditional permanent 
                                resident status.
                            ``(ii) Completion of background checks.--
                        The security and law enforcement background 
                        checks under clause (i) shall be completed, to 
                        the satisfaction of the Secretary, before the 
                        date on which the Secretary cancels the removal 
                        of, or grants conditional resident status to, 
                        the alien under this paragraph.
                    ``(G) Medical examination required.--
                            ``(i) In general.--An alien who applies for 
                        cancellation of removal or conditional 
                        permanent resident status under this paragraph 
                        shall undergo a medical observation and 
                        examination in accordance with the policies and 
                        procedures prescribed under clause (ii).
                            ``(ii) Procedures.--The Secretary, with the 
                        concurrence of the Secretary of Health and 
                        Human Services, shall prescribe policies and 
                        procedures for the nature and timing of medical 
                        observations and examinations for aliens 
                        applying for cancellation of removal or 
                        conditional permanent resident status under 
                        this paragraph.
                    ``(H) Military selective service.--An alien subject 
                to registration under the Military Selective Service 
                Act (50 U.S.C. App. 451 et seq.) who applies for 
                cancellation of removal or conditional permanent 
                resident status under this paragraph shall provide to 
                the Secretary evidence that the alien has registered 
                that Act.
            ``(2) Termination of continuous period.--For purposes of 
        this subsection, any period of continuous residence or 
        continuous physical presence in the United States of an alien 
        who applies for cancellation of removal or conditional 
        permanent resident status under paragraph (1) shall not 
        terminate on the date on which the alien is served a notice to 
        appear under section 239(a).
            ``(3) Treatment of certain breaks in presence.--
                    ``(A) In general.--For purposes of paragraph 
                (1)(B)(i), an alien shall be considered to have failed 
                to maintain continuous physical presence in the United 
                States if the alien has remained outside the United 
                States--
                            ``(i) for any period of more than 90 days; 
                        or
                            ``(ii) for 2 or more periods the total of 
                        which is more than 180 days.
                    ``(B) Extension for exceptional circumstances.--The 
                Secretary may extend a time period described in clause 
                (i) or (ii) of subparagraph (A) by not more than 90 
                days if an alien demonstrates that the failure of the 
                alien to timely return to the United States was due to 
                exceptional circumstances, which shall be no less 
                compelling than--
                            ``(i) the serious illness of the alien; or
                            ``(ii) the death or serious illness of a 
                        parent, grandparent, sibling, or child of the 
                        alien.
            ``(4) Regulations.--
                    ``(A) Initial publication.--Not later than 180 days 
                after the date of enactment of this section, the 
                Secretary shall publish in the Federal Register interim 
                regulations to implement this subsection.
                    ``(B) Interim regulations.--Notwithstanding section 
                553 of title 5, United States Code, the interim 
                regulations published under subparagraph (A)--
                            ``(i) shall be effective, on an interim 
                        basis, immediately on the date on which the 
                        regulations are published; but
                            ``(ii) may be subject to change and 
                        revision after public notice and a period of 
                        public comment.
                    ``(C) Final regulations.--Within a reasonable 
                period after the publication of the interim regulations 
                under subparagraph (A), the Secretary shall publish 
                final regulations to implement this subsection.
            ``(5) Removal of alien.--The Secretary may not remove any 
        alien who--
                    ``(A) has a pending application for conditional 
                permanent resident status under this subsection; or
                    ``(B)(i) establishes prima facie eligibility for 
                cancellation of removal or conditional permanent 
                resident status under paragraph (1); and
                    ``(ii) is provided a reasonable opportunity to 
                submit an application under that paragraph.
    ``(c) Conditional Permanent Resident Status.--
            ``(1) Length of status.--Conditional permanent resident 
        status granted under subsection (b)(1) shall be valid for an 
        initial period of 5 years, subject to termination under 
        paragraph (4).
            ``(2) Description of status.--A conditional permanent 
        resident--
                    ``(A) shall not be considered to be an alien who is 
                unlawfully present in the United States for purposes of 
                the immigration laws, including section 505 of the 
                Illegal Immigration Reform and Immigrant Responsibility 
                Act of 1996 (8 U.S.C. 1623);
                    ``(B) shall be considered to be an alien lawfully 
                admitted for permanent residence in the United States 
                on a conditional basis;
                    ``(C) shall be considered to have the intent to 
                permanently reside in the United States;
                    ``(D) shall not be required to have a foreign 
                residence that the alien has no intention of 
                abandoning; and
                    ``(E) shall be considered to have been inspected 
                and admitted for the purposes of section 245(a).
            ``(3) Terms of conditional permanent resident status.--
                    ``(A) Employment.--A conditional permanent resident 
                shall be authorized--
                            ``(i) to be employed in the United States 
                        incident to conditional permanent resident 
                        status; and
                            ``(ii) to enlist in the Armed Forces under 
                        section 504(b)(1)(D) of title 10, United States 
                        Code.
                    ``(B) Travel.--A conditional permanent resident 
                may--
                            ``(i) travel outside the United States; and
                            ``(ii) if otherwise admissible, be admitted 
                        on return to the United States without 
                        obtaining a visa if--
                                    ``(I) the conditional permanent 
                                resident is the bearer of valid, 
                                unexpired documentary evidence of 
                                conditional permanent resident status; 
                                and
                                    ``(II)(aa) the absence of the 
                                conditional permanent resident from the 
                                United States was for a period of not 
                                more than 180 days; or
                                    ``(bb) the conditional permanent 
                                resident was outside the United States 
                                due to active service in the Armed 
                                Forces.
            ``(4) Termination of status.--
                    ``(A) In general.--The Secretary shall terminate 
                the conditional permanent resident status of an alien 
                if the Secretary determines that--
                            ``(i) the alien is 18 years of age or 
                        older; and
                            ``(ii)(I) in the case of--
                                    ``(aa) an alien postsecondary 
                                student, the alien has failed--
                                            ``(AA) to enroll in an 
                                        accredited institution of 
                                        higher education within 1 year 
                                        after the date on which the 
                                        alien was granted conditional 
                                        permanent resident status; or
                                            ``(BB) to remain enrolled 
                                        in an accredited institution of 
                                        higher education as of the date 
                                        that is 1 year after the date 
                                        on which the alien was granted 
                                        conditional permanent resident 
                                        status;
                                    ``(bb) an alien described in 
                                subsection (b)(1)(B)(iii), during the 
                                5-year period beginning on the date on 
                                which the alien was granted conditional 
                                permanent resident status, the alien 
                                has not been employed for a total 
                                period of not less than 4 years; or
                                    ``(cc) an alien enlistee, the 
                                alien--
                                            ``(AA) failed to enlist, 
                                        and be accepted for enlistment, 
                                        in the Armed Forces within 270 
                                        days after the date on which 
                                        the alien was granted 
                                        conditional permanent resident 
                                        status; or
                                            ``(BB) has received a 
                                        dishonorable or other than 
                                        honorable discharge from the 
                                        Armed Forces;
                            ``(II) the alien ceases to meet the 
                        requirements of clause (iv) or (v) of 
                        subsection (b)(1)(B); or
                            ``(III) the alien has become a public 
                        charge.
                    ``(B) Return to previous immigration status.--An 
                alien whose conditional permanent resident status is 
                terminated under subparagraph (A) shall return to the 
                immigration status of the alien on the day before the 
                date on which the alien was granted conditional 
                permanent resident status.
            ``(5) Extension of status.--
                    ``(A) In general.--With respect to an alien granted 
                conditional permanent resident status under subsection 
                (b)(1), the Secretary shall extend the period of 
                conditional permanent resident status of the alien for 
                an additional period of 5 years if the alien meets each 
                of the applicable requirements described in 
                subparagraph (B).
                    ``(B) Requirements.--
                            ``(i) Good moral character.--The alien has 
                        demonstrated good moral character for the 
                        entire period during which the alien has been a 
                        conditional permanent resident.
                            ``(ii) Compliance.--The alien meets the 
                        qualification described in subsection 
                        (b)(1)(B)(v).
                            ``(iii) No abandonment of residence.--
                                    ``(I) In general.--The alien has 
                                not abandoned the residence of the 
                                alien in the United States.
                                    ``(II) Presumption.--
                                            ``(aa) In general.--For 
                                        purposes of this clause, except 
                                        as provided in item (bb), the 
                                        Secretary shall presume that an 
                                        alien has abandoned the 
                                        residence of the alien in the 
                                        United States if, during the 
                                        period of conditional permanent 
                                        resident status of the alien, 
                                        the alien is absent from the 
                                        United States for more than 365 
                                        days in the aggregate.
                                            ``(bb) Exception.--
                                        Notwithstanding an absence from 
                                        the United States of more than 
                                        365 days in the aggregate 
                                        during the period of 
                                        conditional permanent resident 
                                        status of an alien, the 
                                        presumption described in item 
                                        (aa) shall not apply if the 
                                        alien demonstrates, to the 
                                        satisfaction of the Secretary, 
                                        that the alien has not 
                                        abandoned the residence of the 
                                        alien in the United States.
                            ``(iv) Graduation.--In the case of an alien 
                        postsecondary student, the alien--
                                    ``(I) is 18 years of age or older; 
                                and
                                    ``(II) has graduated from an 
                                accredited institution of higher 
                                education.
                            ``(v) Employment.--In the case of an alien 
                        described in subsection (b)(1)(B)(iii), during 
                        the 5-year period beginning on the date on 
                        which the alien was granted conditional 
                        permanent resident status, the alien has been 
                        employed for a total period of not less than 4 
                        years.
                            ``(vi) Enlistment.--In the case of an alien 
                        enlistee--
                                    ``(I) the alien has served as a 
                                member of a regular or reserve 
                                component of the Armed Forces in an 
                                active duty status for not less than 3 
                                years; and
                                    ``(II) if the alien has been 
                                discharged, the alien received an 
                                honorable discharge.
    ``(d) Removal of Conditional Basis for Permanent Residence.--
            ``(1) Application to remove conditions.--
                    ``(A) In general.--A conditional permanent resident 
                may submit to the Secretary, in accordance with 
                paragraph (3), an application--
                            ``(i) to remove the conditional basis of 
                        permanent residency; and
                            ``(ii) to have the status of the alien 
                        adjusted to that of an alien lawfully admitted 
                        for permanent residence.
                    ``(B) Contents.--With respect to any application 
                submitted under subparagraph (A), an alien shall 
                include, under penalty of perjury, the facts and 
                information necessary for the Secretary to make the 
                determination described in paragraph (2)(A).
            ``(2) Adjudication of application for adjustment of 
        status.--
                    ``(A) In general.--With respect to an application 
                submitted under paragraph (1) for an alien, the 
                Secretary shall make a determination as to whether the 
                alien meets the requirements described in paragraph 
                (4).
                    ``(B) Adjustment of status if favorable 
                determination.--Notwithstanding any other provision of 
                law, including paragraphs (2), (3), (4), and (8) of 
                section 245(c), if the Secretary determines that an 
                alien meets the requirements described in paragraph 
                (4)(B), the Secretary shall--
                            ``(i) approve the application;
                            ``(ii) notify the alien of the 
                        determination; and
                            ``(iii) adjust the status of the alien to 
                        the status of an alien lawfully admitted for 
                        permanent residence, which shall be effective 
                        as of the date of approval of the application.
                    ``(C) Termination if adverse determination.--If the 
                Secretary determines that the alien does not meet the 
                requirements described in paragraph (4)(B), the 
                Secretary shall--
                            ``(i) deny the application;
                            ``(ii) notify the alien of the 
                        determination; and
                            ``(iii) terminate the conditional permanent 
                        resident status of the alien as of the date of 
                        the determination.
            ``(3) Time to file application.--
                    ``(A) In general.--An alien shall submit an 
                application for adjustment of status during the period 
                beginning on the date on which the alien obtains an 
                extension of status under subsection (c)(5) and ending 
                on--
                            ``(i) the date that is 10 years after the 
                        date on which the Secretary initially granted 
                        conditional permanent resident status to the 
                        alien; or
                            ``(ii) the date on which the conditional 
                        permanent resident status of the alien, as 
                        extended by the Secretary under subsection 
                        (c)(5), expires.
                    ``(B) Status during pendency.--During any period in 
                which the application of an alien for adjustment of 
                status under this subsection is pending, an alien shall 
                be considered to be in conditional permanent resident 
                status.
            ``(4) Contents of application.--
                    ``(A) In general.--An application to remove 
                conditions and adjust status under paragraph (1) shall 
                contain information necessary for the Secretary to 
                determine whether the alien meets each of the 
                requirements described in subparagraph (B).
                    ``(B) Requirements.--
                            ``(i) Good moral character.--The alien has 
                        demonstrated good moral character for the 
                        entire period during which the alien has been a 
                        conditional permanent resident;
                            ``(ii) Compliance.--The alien meets the 
                        requirements of subsection (b)(1)(B)(v);
                            ``(iii) No abandonment of residence.--
                                    ``(I) In general.--The alien has 
                                not abandoned the residence of the 
                                alien in the United States.
                                    ``(II) Presumption.--
                                            ``(aa) In general.--For 
                                        purposes of this subparagraph, 
                                        except as provided in item 
                                        (bb), the Secretary shall 
                                        presume that an alien has 
                                        abandoned the residence of the 
                                        alien in the United States if, 
                                        during the period of 
                                        conditional permanent resident 
                                        status, the alien is absent 
                                        from the United States for more 
                                        than 730 days in the aggregate.
                                            ``(bb) Exception.--
                                        Notwithstanding an absence from 
                                        the United States of more than 
                                        730 days in the aggregate 
                                        during the period of 
                                        conditional permanent resident 
                                        status of an alien, the 
                                        presumption described in item 
                                        (aa) shall not apply if the 
                                        alien demonstrates, to the 
                                        satisfaction of the Secretary, 
                                        that the alien has not 
                                        abandoned the residence of the 
                                        alien in the United States.
                                    ``(III) Active service.--Any period 
                                during which an alien is absent from 
                                the United States due to active service 
                                in the Armed Forces shall not be 
                                counted toward the 730 days referred to 
                                in subclause (II)(aa).
            ``(5) Citizenship requirement.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a conditional permanent resident 
                shall not have the conditional basis for permanent 
                residency removed or be adjusted to permanent resident 
                status unless the alien demonstrates that the alien 
                meets the requirements described in paragraphs (1) and 
                (2) of section 312(a).
                    ``(B) Exception.--Subparagraph (A) shall not apply 
                to an alien who is unable to meet the requirements 
                referred to in that subparagraph due to--
                            ``(i) a physical or developmental 
                        disability; or
                            ``(ii) a mental impairment.
            ``(6) Payment of federal taxes.--
                    ``(A) Definition of applicable federal tax 
                liability.--In this paragraph, the term `applicable 
                Federal tax liability' means liability for Federal 
                taxes imposed under the Internal Revenue Code of 1986, 
                including any penalties and interest on taxes imposed 
                under the Internal Revenue Code of 1986.
                    ``(B) Payment required.--Not later than the date on 
                which an alien submits an application for adjustment of 
                status under paragraph (1), the alien shall satisfy any 
                applicable Federal tax liability due and owing as of 
                that date of submission.
            ``(7) Submission of biometric and biographical data.--
                    ``(A) In general.--The Secretary may not adjust the 
                status of an alien under this subsection unless the 
                alien submits to the Secretary biometric and 
                biographical data in accordance with procedures 
                established by the Secretary.
                    ``(B) Alternative procedure.--The Secretary shall 
                provide an alternative procedure for the submission of 
                biometric and biographical data for any applicant for 
                adjustment of status who is unable to provide biometric 
                or biographical data due to a physical impairment.
            ``(8) Background checks.--
                    ``(A) Requirement for background checks.--The 
                Secretary shall use biometric, biographical, and other 
                data determined by the Secretary to be appropriate--
                            ``(i) to conduct security and law 
                        enforcement background checks of any alien 
                        applying for adjustment of status under this 
                        subsection; and
                            ``(ii) to determine whether there is any 
                        criminal, national security, or other factor 
                        that would render the alien ineligible for 
                        adjustment of status.
                    ``(B) Completion of background checks.--The 
                security and law enforcement background checks under 
                subparagraph (A) shall be completed, to the 
                satisfaction of the Secretary, before the date on which 
                Secretary grants adjustment of status.
            ``(9) Exemption from numerical limitations.--Nothing in 
        this subsection or in any other law applies a numerical 
        limitation on the number of aliens who may be eligible for 
        adjustment of status under this subsection.
            ``(10) Eligibility for naturalization.--
                    ``(A) In general.--An alien whose status is 
                adjusted under this subsection to that of an alien 
                lawfully admitted for permanent residence may be 
                naturalized in accordance with this Act if the alien 
                meets the applicable requirements of the immigration 
                laws.
                    ``(B) Alien enlistees.--For purposes of section 
                316(a), an alien enlistee whose status is adjusted 
                under this subsection--
                            ``(i) shall be considered to have satisfied 
                        the requirements of paragraphs (1) and (2) of 
                        that section; and
                            ``(ii) may apply for naturalization.
    ``(e) Treatment of Aliens Meeting Requirements for Extension of 
Conditional Permanent Resident Status.--
            ``(1) In general.--With respect to an alien, the Secretary 
        may cancel removal and grant conditional permanent resident 
        status under subsection (b)(1), and may extend conditional 
        permanent resident status under subsection (c)(5), if, as of 
        the date of enactment of this section, the alien has satisfied 
        each requirement described in subsections (b)(1)(B) and 
        (c)(5)(B).
            ``(2) Adjustment of status.--An alien may apply for 
        adjustment of status under subsection (d)(1) if, during the 
        entire period of conditional permanent resident status of the 
        alien, the alien has met the requirements of subsection 
        (c)(5)(B).
    ``(f) Exclusive Jurisdiction.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Secretary shall have exclusive jurisdiction to determine 
        eligibility for relief under this section.
            ``(2) Exception.--In the case of an alien who has been 
        placed in deportation, exclusion, or removal proceedings before 
        or after the date on which the alien submits an application for 
        cancellation of removal and conditional permanent resident 
        status or adjustment of status under this section, the Attorney 
        General--
                    ``(A) shall have exclusive jurisdiction to 
                determine eligibility for relief under this section; 
                and
                    ``(B) shall assume all powers and duties of the 
                Secretary described in this section until the date on 
                which--
                            ``(i) deportation, exclusion, or removal 
                        proceedings are terminated; or
                            ``(ii) a final order of deportation, 
                        exclusion, or removal is entered.
            ``(3) Effect of final order.--In the case of an alien for 
        whom a final order of deportation, exclusion, or removal is 
        entered, the Secretary shall resume all powers and duties 
        delegated to the Secretary under this section.
            ``(4) Effect of grant of relief.--In the case of an alien 
        with respect to whom a final order of deportation, exclusion, 
        or removal has been entered, if the Secretary grants relief to 
        the alien under this section, the Attorney General shall 
        rescind the final order of deportation, exclusion, or removal.
    ``(g) Confidentiality of Information.--
            ``(1) Prohibition.--Except as provided in paragraph (2), an 
        officer or employee of the United States shall not--
                    ``(A) use the information furnished by an 
                individual in an application submitted to the Secretary 
                under this section to initiate removal proceedings 
                against any person identified in the application;
                    ``(B) issue any publication in which the 
                information furnished by any particular individual in 
                an application under this section may be identified; or
                    ``(C) permit any person (other than the Secretary, 
                an officer or employee of the Federal Government, or 
                the alien) to examine an application submitted under 
                this section.
            ``(2) Required disclosure.--The Attorney General or the 
        Secretary, as applicable, shall provide the information 
        furnished by an individual in an application under this 
        section, and any other information derived from the 
        information, to--
                    ``(A) a Federal, State, Tribal, or local law 
                enforcement agency, intelligence agency, national 
                security agency, component of the Department of 
                Homeland Security, court, or grand jury in connection 
                with a criminal investigation or prosecution, a 
                background check conducted pursuant to the Brady 
                Handgun Violence Protection Act (Public Law 103-159; 
                107 Stat. 1536) (or an amendment made by that Act), or 
                for homeland security or national security purposes, 
                if--
                            ``(i) the information is requested by the 
                        Federal, State, Tribal, or local law 
                        enforcement agency, intelligence agency, 
                        national security agency, component of the 
                        Department of Homeland Security, court, or 
                        grand jury; and
                            ``(ii) the provision of the information is 
                        consistent with an information sharing 
                        agreement or mechanism; or
                    ``(B) an official coroner for purposes of 
                affirmatively identifying a deceased individual 
                (whether or not the deceased individual is deceased as 
                a result of a crime).
            ``(3) Fraud in application process or criminal conduct.--
        Notwithstanding any other provision of this subsection, 
        information relating to whether an alien seeking cancellation 
        of removal or conditional permanent resident status under this 
        section has engaged in fraud in an application for relief or 
        has, at any time, committed a crime may be used or released for 
        immigration enforcement, law enforcement, or national security 
        purposes.
            ``(4) Penalty.--Any person who knowingly uses or publishes 
        information, or permits information to be examined, in 
        violation of this subsection shall be fined not more than 
        $10,000.
    ``(h) Treatment of Conditional Permanent Residents for Certain 
Purposes.--
            ``(1) In general.--During the period in which an alien is 
        in conditional permanent resident status, the alien shall be 
        considered to be lawfully present for all purposes.
            ``(2) 5-year eligibility waiting period under prwora.--An 
        alien who has met the requirements for adjustment of status 
        from conditional permanent resident to lawful permanent 
        resident under this section shall be considered to have 
        completed the 5-year period described in section 403 of the 
        Personal Responsibility and Work Opportunity Reconciliation Act 
        of 1996 (8 U.S.C. 1613) as of the date on which the adjustment 
        of status is granted.
    ``(i) GAO Report.--Not later than 7 years after the date of 
enactment of this section, the Comptroller General of the United States 
shall submit to the Committee on the Judiciary of the Senate and the 
Committee on the Judiciary of the House of Representatives a report 
that includes the number of aliens--
            ``(1) who were eligible for cancellation of removal or 
        conditional permanent resident status under subsection (b)(1);
            ``(2) who applied for cancellation of removal or 
        conditional permanent resident status under that subsection;
            ``(3) who were granted conditional permanent resident 
        status under that subsection; and
            ``(4) whose status was adjusted to that of an alien 
        lawfully admitted for permanent residence under subsection (d).
    ``(j) Naturalization of Alien Enlistees.--For purposes of sections 
328 and 329, an alien enlistee shall be considered to have been 
lawfully admitted for permanent residence, without regard to the 
conditional status of that admission.''.
    (b) Military Enlistment.--Section 504(b)(1) of title 10, United 
States Code, is amended by adding at the end the following:
                    ``(D) An alien who is a conditional permanent 
                resident (as defined in section 244A(a) of the 
                Immigration and Nationality Act).''.
    (c) Conforming Amendment.--The table of contents for the 
Immigration and Nationality Act (8 U.S.C. 1101 note) is amended by 
inserting after the item relating to section 244 the following:

``Sec. 244A. Cancellation of removal of certain long-term residents who 
                            entered the United States as children.''.

SEC. 5. GROUNDS OF INADMISSIBILITY AND DEPORTABILITY FOR ALIEN MEMBERS 
              OF CRIMINAL GANGS OR CARTELS.

    (a) Definition of Criminal Gang or Cartel.--Section 101(a) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended--
            (1) by striking the subsection designation and all that 
        follows through ``this Act--'' and inserting the following:
    ``(a) In General.--In this Act:''; and
            (2) by adding at the end the following:
            ``(53) Criminal gang or cartel.--The term `criminal gang or 
        cartel' means an ongoing group, club, organization, or 
        association comprised of 5 or more individuals--
                    ``(A)(i) that has as a primary purpose the 
                commission of 1 or more of the criminal offenses 
                described in section 220(b)(2); and
                    ``(ii) the members of which engage, or have engaged 
                during the 5 years immediately preceding the most 
                recent commission of an offense described in section 
                220(b)(2), in a continuing series of offenses described 
                in section 220(b)(2); or
                    ``(B) that has been designated as a criminal gang 
                or cartel under section 220(b)(1).''.
    (b) Inadmissibility.--Section 212(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end 
the following:
                    ``(J) Aliens associated with criminal gangs or 
                cartels.--Any alien is inadmissible who a consular 
                officer, 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 or cartel; or
                            ``(ii) has participated in any activity of 
                        a criminal gang or cartel, knowing or having 
                        reason to know that the activity would promote, 
                        further, aid, or support the illegal activity 
                        of the criminal gang or cartel.''.
    (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 or 
                cartels.--Any alien is deportable who--
                            ``(i) is or has been a member of a criminal 
                        gang or cartel; or
                            ``(ii) has participated in any activity of 
                        a criminal gang or cartel, knowing or having 
                        reason to know that the activity would promote, 
                        further, aid, or support the illegal activity 
                        of the criminal gang or cartel.''.
    (d) Designation of a Criminal Gang or Cartel.--
            (1) In general.--Chapter 2 of title II of the Immigration 
        and Nationality Act (8 U.S.C. 1182 et seq.) is amended by 
        inserting after section 219 the following:

``SEC. 220. DESIGNATION OF A CRIMINAL GANG OR CARTEL.

    ``(a) Definitions.--In this section:
            ``(1) Classified information.--The term `classified 
        information' has the meaning given the term in section 1(a) of 
        the Classified Information Procedures Act (18 U.S.C. App.).
            ``(2) National security.--The term `national security' 
        means the national defense, foreign relations, or economic 
        interests of the United States.
            ``(3) Relevant committees.--The term `relevant committees' 
        means--
                    ``(A) the Committee on the Judiciary of the Senate; 
                and
                    ``(B) the Committee on the Judiciary of the House 
                of Representatives; and
            ``(4) Secretary.--The term `Secretary' means the Secretary 
        of Homeland Security, in consultation with the Attorney 
        General.
    ``(b) Designation.--
            ``(1) In general.--The Secretary may designate as a 
        criminal gang or cartel a group, club, organization, or 
        association comprised of 5 or more individuals if the Secretary 
        makes a determination that--
                    ``(A) the group, club, organization, or association 
                has as a primary purpose the commission of 1 or more 
                criminal offenses described in paragraph (2); and
                    ``(B) the members of the group, club, organization, 
                or association engage, or, during the 5 years 
                immediately preceding the most recent commission of an 
                offense described in section 220(b)(2), have engaged in 
                a continuing series of offenses described in paragraph 
                (2).
            ``(2) Offenses.--The criminal offenses described in this 
        paragraph, whether committed in violation of Federal, State, or 
        foreign law and regardless of whether an offense occurred 
        before, on, or after the date of enactment of this section, are 
        the following:
                    ``(A) Felony drug offense.--A felony drug offense 
                (as defined in section 102 of the Controlled Substances 
                Act (21 U.S.C. 802)).
                    ``(B) Bringing in and harboring aliens.--An offense 
                described in section 274 (relating to bringing in and 
                harboring certain aliens).
                    ``(C) Aiding or assisting entry.--An offense 
                described in section 277 (relating to aiding or 
                assisting certain aliens to enter the United States).
                    ``(D) Importation for an immoral purpose.--An 
                offense described in section 278 (relating to 
                importation of an alien for an immoral purpose).
                    ``(E) Crime of violence.--A crime of violence (as 
                defined in section 16 of title 18, United States Code).
                    ``(F) Crime involving obstruction, tampering, 
                retaliation, or burglary.--A crime involving--
                            ``(i) obstruction of justice;
                            ``(ii) tampering with, or retaliating 
                        against, a witness, victim, or informant; or
                            ``(iii) burglary.
                    ``(G) Other crimes.--Any conduct punishable under--
                            ``(i) sections 1028 or 1029 of title 18, 
                        United States Code (relating to fraud and 
                        related activity in connection with 
                        identification documents or access devices);
                            ``(ii) sections 1581 through 1594 of that 
                        title (relating to peonage, slavery, and 
                        trafficking in persons);
                            ``(iii) section 1951 of that title 
                        (relating to interference with commerce by 
                        threats or violence);
                            ``(iv) section 1952 of that title (relating 
                        to interstate and foreign travel or 
                        transportation in aid of racketeering 
                        enterprises);
                            ``(v) section 1956 of that title (relating 
                        to the laundering of monetary instruments);
                            ``(vi) section 1957 of that title (relating 
                        to engaging in monetary transactions in 
                        property derived from specified unlawful 
                        activity); or
                            ``(vii) sections 2312, 2313, 2314, or 2315 
                        of that title (relating to interstate 
                        transportation of stolen motor vehicles or 
                        stolen property).
                    ``(H) Conspiracy.--A conspiracy to commit an 
                offense described in subparagraphs (A) through (G).
            ``(3) Procedure.--
                    ``(A) Notification.--Not later than 7 days before 
                the date on which the Secretary designates a criminal 
                gang or cartel under this subsection, the Secretary 
                shall submit to 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, by classified 
                communication, a notice of intent to designate the 
                criminal gang or cartel that describes the factual 
                basis for the designation.
                    ``(B) Publication in the federal register.--Not 
                later than 7 days after the date described in 
                subparagraph (A), the Secretary shall publish notice of 
                the designation in the Federal Register.
            ``(4) Record.--
                    ``(A) In general.--In making a designation under 
                this subsection, the Secretary shall develop an 
                administrative record.
                    ``(B) Classified information.--
                            ``(i) In general.--In making a designation 
                        under this subsection, the Secretary may 
                        consider classified information, which, except 
                        as provided in clause (ii), shall not be 
                        subject to disclosure for any period during 
                        which the classified information remains 
                        classified.
                            ``(ii) Disclosure for judicial review.--For 
                        purposes of judicial review under subsection 
                        (d), classified information referred to in 
                        clause (i) may be disclosed to a court ex parte 
                        and in camera.
            ``(5) Period of designation.--A designation under this 
        subsection shall be effective until the date on which the 
        designation--
                    ``(A) is revoked under paragraph (7); or
                    ``(B) set aside under subsection (d).
            ``(6) Review of designation.--
                    ``(A) Petition for review.--
                            ``(i) In general.--The Secretary shall 
                        review the designation of a criminal gang or 
                        cartel under the procedures described in 
                        clauses (iii) and (iv) if the criminal gang or 
                        cartel submits to the Secretary a petition for 
                        review not later than--
                                    ``(I) in the case of a designated 
                                criminal gang or cartel that has not 
                                previously submitted a petition for 
                                review under this subparagraph, the 
                                date that is 2 years after the date on 
                                which the Secretary makes the 
                                designation; and
                                    ``(II) in the case of a designated 
                                criminal gang or cartel that has 
                                previously submitted a petition for 
                                review under this subparagraph, the 
                                date that is 2 years after the date on 
                                which the Secretary made a 
                                determination under clause (iv) on the 
                                most recent petition for review 
                                submitted by the criminal gang or 
                                cartel.
                            ``(ii) Evidence.--Any group, club, 
                        organization, or association designated as 
                        criminal gang or cartel that submits a petition 
                        for review under this subparagraph shall 
                        include in the petition evidence that the 
                        group, club, organization, or association does 
                        not meet the criteria for designation as a 
                        criminal gang or cartel under paragraph (1).
                            ``(iii) Determination.--
                                    ``(I) In general.--Not later than 
                                180 days after the date on which the 
                                Secretary receives a petition for 
                                review under this subparagraph, the 
                                Secretary shall make a determination on 
                                the petition.
                                    ``(II) Classified information.--
                                            ``(aa) In general.--In 
                                        making a determination on a 
                                        petition for review under this 
                                        subparagraph, the Secretary may 
                                        consider classified 
                                        information, which, except as 
                                        provided in item (bb), shall 
                                        not be subject to disclosure 
                                        for any period during which the 
                                        classified information remains 
                                        classified.
                                            ``(bb) Disclosure for 
                                        judicial review.--For purposes 
                                        of judicial review under 
                                        subsection (d), classified 
                                        information referred to in item 
                                        (aa) may be disclosed to a 
                                        court ex parte and in camera.
                                    ``(III) Publication of 
                                determination.--Not later than 90 days 
                                after the date on which the Secretary 
                                makes a determination on a petition for 
                                review under this clause, the Secretary 
                                shall publish the determination in the 
                                Federal Register.
                                    ``(IV) Procedures.--A revocation of 
                                a designation by the Secretary in 
                                accordance with a determination under 
                                this subparagraph shall be made in 
                                accordance with paragraph (7).
                    ``(B) Other review of designation.--
                            ``(i) In general.--Not later than 5 years 
                        after the date on which the Secretary 
                        designates a criminal gang or cartel under 
                        paragraph (1), in the case of a criminal gang 
                        or cartel for which a review has not been 
                        carried out under subparagraph (A), the 
                        Secretary shall initiate a review of the 
                        designation to determine whether to revoke the 
                        designation under paragraph (7).
                            ``(ii) Procedures.--
                                    ``(I) In general.--A review 
                                initiated by the Secretary under clause 
                                (i) shall be carried out in accordance 
                                with such procedures determined by the 
                                Secretary to be appropriate.
                                    ``(II) Judicial review.--A review 
                                under subclause (I) and the procedures 
                                established under that subclause shall 
                                not be subject to judicial review.
                            ``(iii) Publication of results of review.--
                        Not later than 90 days after the date on which 
                        the Secretary makes a determination based on a 
                        review under this subparagraph, the Secretary 
                        shall publish the determination in the Federal 
                        Register.
            ``(7) Revocation based on change in circumstances.--
                    ``(A) In general.--With respect to a designation 
                under paragraph (1), the Secretary--
                            ``(i) may revoke the designation at any 
                        time; and
                            ``(ii) shall revoke the designation if, on 
                        completion of a review carried out under 
                        paragraph (6), the Secretary determines that--
                                    ``(I) the criminal gang or cartel 
                                does not meet the criteria for 
                                designation as a criminal gang or 
                                cartel under paragraph (1); or
                                    ``(II) the national security or the 
                                law enforcement interests of the United 
                                States warrants a revocation.
                    ``(B) Notification.--Not later than 7 days before 
                revoking a designation under paragraph (A), the 
                Secretary shall submit to 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, 
                by classified communication, a notice of intent to 
                revoke the designation describing the basis for the 
                revocation.
                    ``(C) Publication in the federal register.--Not 
                later than 7 days after the date described in 
                subparagraph (B), the Secretary shall publish a notice 
                of revocation in the Federal Register.
                    ``(D) Record.--
                            ``(i) In general.--In revoking a 
                        designation under this paragraph, the Secretary 
                        shall develop an administrative record.
                            ``(ii) Classified information.--
                                    ``(I) In general.--In revoking a 
                                designation under this paragraph, the 
                                Secretary may consider classified 
                                information, which, except as provided 
                                in subclause (II), shall not be subject 
                                to disclosure for any period during 
                                which the classified information 
                                remains classified.
                                    ``(II) Disclosure for judicial 
                                review.--For purposes of judicial 
                                review under subsection (d), classified 
                                information referred to in subclause 
                                (I) may be disclosed to a court ex 
                                parte and in camera.
                    ``(E) Effective date.--A revocation under this 
                paragraph shall take effect--
                            ``(i) on the date specified in the notice 
                        of revocation published under subparagraph (C); 
                        or
                            ``(ii) if a date is not specified in the 
                        notice of revocation, on the date on which the 
                        notice of revocation is published in the 
                        Federal Register.
            ``(8) Effect of revocation.--A revocation under paragraph 
        (7) shall not affect any action or proceeding based on conduct 
        that occurs before the effective date of the revocation.
            ``(9) Use of designation in removal proceedings.--The 
        Attorney General shall not allow an alien in removal 
        proceedings to raise, as a defense or an objection, a question 
        relating to the validity of a designation under paragraph (1).
    ``(c) Modifications to a Designation.--
            ``(1) In general.--With respect to a designation under 
        subsection (b)(1), the Secretary may modify the designation if 
        the Secretary determines that the criminal gang or cartel has--
                    ``(A) changed name;
                    ``(B) adopted a new alias;
                    ``(C) dissolved and reestablished under 1 or more 
                different names; or
                    ``(D) merged with another criminal gang or cartel.
            ``(2) Procedure.--
                    ``(A) Notification.--Not later than 7 days before 
                the date on which the Secretary modifies the 
                designation of a criminal gang or cartel under this 
                subsection, the Secretary shall submit to 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, by classified communication, a 
                notice of intent to modify the designation describing 
                the factual basis for the modification.
                    ``(B) Publication in the federal register.--Not 
                later than 7 days after the date described in 
                subparagraph (A), the Secretary shall publish notice of 
                the modification in the Federal Register.
                    ``(C) Classified information.--
                            ``(i) In general.--In modifying a 
                        designation under this subsection, the 
                        Secretary may consider classified information, 
                        which, except as provided in clause (ii), shall 
                        not be subject to disclosure for any period 
                        during which the classified information remains 
                        classified.
                            ``(ii) Disclosure for judicial review.--For 
                        purposes of judicial review under subsection 
                        (d), classified information referred to in 
                        clause (i) may be disclosed to a court ex parte 
                        and in camera.
                    ``(D) Effective date.--Any modification under this 
                subsection shall take effect on the date of publication 
                of the modification under subparagraph (B).
            ``(3) Administrative record.--The administrative record 
        developed under subsection (b)(4) shall be supplemented to 
        include--
                    ``(A) any modification under this subsection; and
                    ``(B) any relevant information that supports the 
                modification.
    ``(d) Judicial Review of Designation.--
            ``(1) In general.--Not later than 30 days after the date on 
        which a designation under subsection (b)(1), a determination 
        under subsection (b)(6)(A), or a modification under subsection 
        (c) is published in the Federal Register, a criminal gang or 
        cartel may seek judicial review of the designation, 
        determination, or modification, as applicable, in the United 
        States Court of Appeals for the District of Columbia Circuit 
        (referred to in this subsection as the `court').
            ``(2) Basis of review.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), judicial review under this subsection 
                shall be based only on the administrative record 
                developed under subsection (b)(4).
                    ``(B) Exception.--The Government may submit, for ex 
                parte and in camera review, classified information used 
                as a basis for--
                            ``(i) a designation under subsection 
                        (b)(1);
                            ``(ii) a determination under subsection 
                        (b)(6)(A); or
                            ``(iii) a modification under subsection 
                        (c).
            ``(3) Scope of review.--The court shall hold unlawful, and 
        set aside, any designation under subsection (b)(1), 
        determination under subsection (b)(6)(A), or modification under 
        subsection (c) that is, as determined by the court--
                    ``(A) arbitrary, capricious, an abuse of 
                discretion, or otherwise not in accordance with the 
                law;
                    ``(B) contrary to constitutional right, power, 
                privilege, or immunity;
                    ``(C) in excess of statutory jurisdiction, 
                authority, or limitation;
                    ``(D) short of statutory right;
                    ``(E) lacking substantial support--
                            ``(i) in the administrative record, taken 
                        into consideration as a whole; or
                            ``(ii) in classified information submitted 
                        to the court under paragraph (2)(B); or
                    ``(F) not in accordance with a procedure required 
                by law.
            ``(4) Judicial review invoked.--The pendency of an action 
        for judicial review under this subsection shall not affect the 
        application of this section to a criminal gang or cartel unless 
        the court issues a final order setting aside the designation, 
        determination, or modification.''.
            (2) Conforming amendment.--The table of contents for the 
        Immigration and Nationality Act (8 U.S.C. 1101 note) is amended 
        by inserting after the item relating to section 219 the 
        following:

``Sec. 220. Designation of a criminal gang or cartel.''.
    (e) Mandatory Detention of Alien Members of Criminal Gangs or 
Cartels.--
            (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 (A), by striking the comma at 
                the end and inserting a semicolon;
                    (B) in subparagraph (B), by striking the comma at 
                the end and inserting a semicolon;
                    (C) in subparagraph (C), by striking ``, or'' and 
                inserting a semicolon;
                    (D) in subparagraph (D), by striking the comma at 
                the end and inserting ``; or''; and
                    (E) by inserting after subparagraph (D) the 
                following:
                    ``(E) is inadmissible under section 212(a)(2)(J) or 
                deportable under section 237(a)(2)(G),''.
            (2) Annual report.--Not later than March 1 of each year 
        (beginning 1 year after the date of enactment of this Act), the 
        Secretary, after consultation with the appropriate Federal 
        agencies, shall submit a report to the Committee on the 
        Judiciary of the Senate and the Committee on the Judiciary of 
        the House of Representatives that includes the number of aliens 
        detained under subparagraph (E) of section 236(c)(1) of the 
        Immigration and Nationality Act (8 U.S.C. 1226(c)(1)) during 
        the preceding calendar year.
    (f) Relief 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. 1231(b)(3)(B)) is amended--
                    (A) by redesignating clauses (i) through (iv) as 
                items (aa) through (dd), respectively, and indenting 
                the items appropriately;
                    (B) in the matter preceding item (aa) (as so 
                redesignated), by striking ``apply to an alien 
                deportable under section 237(a)(4)(D) or if the 
                Attorney General decides that--'' and inserting the 
                following: ``apply--
                            ``(i) to an alien--
                                    ``(I) described in section 
                                212(a)(2)(J)(i);
                                    ``(II) described in section 
                                237(a)(2)(G)(i); or
                                    ``(III) who is deportable under 
                                section 237(a)(4)(D); or
                            ``(ii) if the Attorney General determines 
                        that--''; and
                    (C) in the undesignated matter following item (dd) 
                (as so redesignated)--
                            (i) in the first sentence, by striking 
                        ``clause (ii)'' and inserting ``item (bb)''; 
                        and
                            (ii) in the third sentence, by striking 
                        ``clause (iv)'' and inserting ``item (dd)''.
            (2) Ineligibility for asylum.--Section 208(b)(2)(A) of the 
        Immigration and Nationality Act (8 U.S.C. 1158(b)(2)(A)) is 
        amended--
                    (A) in clause (v), by striking ``; or'' and 
                inserting a semicolon;
                    (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.--
            (1) In general.--Section 244 of the Immigration and 
        Nationality Act (8 U.S.C. 1254a) is amended--
                    (A) by striking ``Attorney General'' each place it 
                appears and inserting ``Secretary of Homeland 
                Security'';
                    (B) in subsection (c)(2)(B)--
                            (i) in clause (i), by striking ``, or'' and 
                        inserting a semicolon;
                            (ii) in clause (ii), by striking the period 
                        at the end and inserting ``; or''; and
                            (iii) by adding at the end the following:
                            ``(iii) the alien is described in section 
                        212(a)(2)(J) or section 237(a)(2)(G).''; and
                    (C) in subsection (d)--
                            (i) in paragraph (2)--
                                    (I) in the first sentence, by 
                                striking ``Subject to paragraph (3), 
                                such documentation'' and inserting 
                                ``The documentation referred to in 
                                paragraph (1)''; and
                                    (II) in the second sentence, by 
                                striking ``(under paragraph (3))'';
                            (ii) by striking paragraph (3);
                            (iii) by redesignating paragraph (4) as 
                        paragraph (3); and
                            (iv) in paragraph (3) (as so redesignated), 
                        by striking ``An alien provided'' and inserting 
                        the following:
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Secretary of Homeland Security 
                may detain an alien provided temporary protected status 
                under this section, as determined by the Secretary to 
                be appropriate under the law.
                    ``(B) Exception.--An alien provided''.
            (2) Conforming amendment.--Section 244(b)(3)(B) of the 
        Immigration and Nationality Act (8 U.S.C. 1254a(b)(3)(B)) is 
        amended in the second sentence by striking ``is effective in 
        accordance with subsection (d)(3), but''.
    (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'' and inserting a 
        semicolon;
            (2) in subclause (II), by striking the semicolon at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                                    ``(III) no alien 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.--Section 212(d)(5) of the Immigration and Nationality 
Act (8 U.S.C. 1182(d)(5)) is amended--
            (1) by striking ``Attorney General'' each place it appears 
        and inserting ``Secretary of Homeland Security'';
            (2) by striking the paragraph designation and all that 
        follows through ``in his discretion'' in subparagraph (A) and 
        inserting the following:
            ``(5) Parole.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B) and (C) and in section 214(f), the 
                Secretary of Homeland Security may''; and
            (3) by adding at the end the following:
                    ``(C) Aliens associated with criminal gangs or 
                cartels.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the Secretary of Homeland Security 
                        shall not parole into the United States an 
                        alien described in section 212(a)(2)(J).
                            ``(ii) Exception.--The Secretary of 
                        Homeland Security may parole into the United 
                        States an alien described in section 
                        212(a)(2)(J) if--
                                    ``(I) the alien is assisting or has 
                                assisted the Government in a law 
                                enforcement matter, including a 
                                criminal investigation; and
                                    ``(II) the presence of the alien in 
                                the United States is required by the 
                                Government for purposes of such 
                                assistance.''.
    (j) Applicability.--The amendments made by this section shall apply 
to conduct that occurs before, on, or after the date of enactment of 
this Act.

SEC. 6. BORDER ACCESS ROADS.

    (a) Construction.--
            (1) In general.--The Secretary shall commence and complete 
        the construction of roads along the southern border to 
        facilitate safe and swift access for U.S. Customs and Border 
        Protection personnel to access the border for purposes of 
        patrol and apprehension.
            (2) Types of roads.--The roads constructed under paragraph 
        (1) shall include--
                    (A) access roads;
                    (B) border roads;
                    (C) patrol roads; and
                    (D) Federal, State, local, and privately-owned 
                roads.
    (b) Maintenance.--The Secretary, in partnership with local 
stakeholders, shall maintain roads used for purposes of patrol and 
apprehension.
    (c) Policy Guidance.--The Secretary shall--
            (1) develop policies and guidance for documenting 
        agreements with landowners relating to the construction of 
        roads under subsection (a), as the Secretary determines to be 
        necessary;
            (2) share the policies and guidance developed under 
        paragraph (1) with each Border Patrol Sector of U.S. Customs 
        and Border Protection;
            (3) document and communicate the process and criteria for 
        prioritizing funding for operational roads not owned by the 
        Federal Government; and
            (4) assess the feasibility of options for addressing the 
        maintenance of non-Federal public roads, including any data 
        needs relating to such maintenance.
                                                       Calendar No. 276

115th CONGRESS

  1st Session

                                S. 2199

_______________________________________________________________________

                                 A BILL

To authorize appropriations for border infrastructure construction, to 
provide conditional resident status to certain aliens, and to amend the 
 Immigration and Nationality Act to include grounds of inadmissibility 
and deportability for alien members of criminal gangs and cartels, and 
                          for other purposes.

_______________________________________________________________________

                            December 7, 2017

            Read the second time and placed on the calendar