[House Report 118-359]
[From the U.S. Government Publishing Office]


118th Congress }                                           {    Report
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                           { 118-359

======================================================================



 
                 AGENT RAUL GONZALEZ OFFICER SAFETY ACT

                                _______
                                

January 25, 2024.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. Jordan, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 5585]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 5585) to impose criminal and immigration penalties 
for intentionally fleeing a pursuing Federal officer while 
operating a motor vehicle, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     3
Background and Need for the Legislation..........................     3
Hearings.........................................................     6
Committee Consideration..........................................     6
Committee Votes..................................................     6
Committee Oversight Findings.....................................    11
New Budget Authority and Tax Expenditures........................    11
Congressional Budget Office Cost Estimate........................    11
Committee Estimate of Budgetary Effects..........................    12
Duplication of Federal Programs..................................    12
Performance Goals and Objectives.................................    12
Advisory on Earmarks.............................................    12
Federal Mandates Statement.......................................    13
Advisory Committee Statement.....................................    13
Applicability to Legislative Branch..............................    13
Section-by-Section Analysis......................................    13
Changes in Existing Law Made by the Bill, as Reported............    13
Dissenting Views.................................................    74

    The amendment is as follows:
  Strike all that follows after the enacting clause and insert 
the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as ``Agent Raul Gonzalez Officer Safety Act''.

SEC. 2. CRIMINAL PENALTIES FOR EVADING ARREST OR DETENTION.

  (a) In General.--Chapter 2 of title 18, United States Code, is 
amended by adding at the end the following:

``Sec. 40B. Evading arrest or detention while operating a motor vehicle

  ``(a) Offense.--A person commits an offense under this section by 
operating a motor vehicle within 100 miles of the United States border 
while intentionally fleeing from--
          ``(1) a pursuing U.S. Border Patrol agent acting pursuant to 
        lawful authority; or
          ``(2) any pursuing Federal, State, or local law enforcement 
        officer who is actively assisting, or under the command of, 
        U.S. Border Patrol.
  ``(b) Penalties.--
          ``(1) In general.--Except as provided in paragraphs (2) and 
        (3), any person who commits an offense described in subsection 
        (a) shall be--
                  ``(A) imprisoned for a term of not more than 2 years;
                  ``(B) fined under this title; or
                  ``(C) subject to the penalties described in 
                subparagraphs (A) and (B).
          ``(2) Serious bodily injury.--If serious bodily injury 
        results from the commission of an offense described in 
        subsection (a), the person committing such offense shall be--
                  ``(A) imprisoned for a term of not less than 5 years 
                and not more than 20 years;
                  ``(B) fined under this title; or
                  ``(C) subject to the penalties described in 
                subparagraphs (A) and (B).
          ``(3) Death.--If the death of any person results from the 
        commission of an offense described in subsection (a), the 
        person committing such offense shall be--
                  ``(A) imprisoned for a term of not less than 10 years 
                and up to life;
                  ``(B) fined under this title; or
                  ``(C) subject to the penalties described in 
                subparagraphs (A) and (B).''.
  (b) Clerical Amendment.--The analysis for chapter 2 of title 18, 
United States Code, is amended by adding at the end the following:

``40B. Evading arrest or detention while operating a motor vehicle.''.

SEC. 3. INADMISSIBILITY, DEPORTABILITY, AND INELIGIBILITY RELATED TO 
                    EVADING ARREST OR DETENTION WHILE OPERATING A MOTOR 
                    VEHICLE.

  (a) 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) Evading arrest or detention while operating a 
                motor vehicle.--Any alien who has been convicted of, 
                who admits having committed, or who admits committing 
                acts which constitute the essential elements of a 
                violation of section 40B(a) of title 18, United States 
                Code, is inadmissible.''.
  (b) 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) Evading arrest or detention while operating a 
                motor vehicle.--Any alien who has been convicted of, 
                who admits having committed, or who admits committing 
                acts which constitute the essential elements of a 
                violation of section 40B(a) of title 18, United States 
                Code, is deportable.''.
  (c) Ineligibility for Relief.--Chapter 2 of title II of the 
Immigration and Nationality Act is amended by inserting after section 
208 the following:

``SEC. 208A. INELIGIBILITY FOR RELIEF RELATED TO EVADING ARREST OR 
                    DETENTION WHILE OPERATING A MOTOR VEHICLE.

  ``Any alien who has been convicted of, who admits having committed, 
or who admits committing acts which constitute the essential elements 
of a violation of section 40B(a) of title 18, United States Code, shall 
be ineligible for relief under the immigration laws, including asylum 
under section 208.''.

SEC. 4. ANNUAL REPORT.

  The Attorney General shall submit an annual report to the Committee 
on the Judiciary of the Senate and the Committee on the Judiciary of 
the House of Representatives that--
          (1) identifies the number of people who were charged, during 
        the reporting period, with a violation of section 40B(a) of 
        title 18, United States Code, as added by section 2(a); and
          (2) summarizes--
                  (A) the penalties sought in the charging documents 
                pertaining to the violations referred to in paragraph 
                (1); and
                  (B) the penalties imposed for such violations.

                          Purpose and Summary

    H.R. 5585, the Agent Raul Gonzalez Officer Safety Act, 
introduced by Rep. Juan Ciscomani (R-AZ), imposes criminal 
penalties on individuals who evade U.S. Border Patrol agents, 
or other federal, state, or local law enforcement officers 
assisting Border Patrol agents and makes aliens who are 
convicted of or admit to committing such acts inadmissible to 
and removable from the U.S. It also ensures such aliens are 
ineligible for immigration relief, including asylum.

                Background and Need for the Legislation

    During the Biden Administration, there have been 35 
straight months in which U.S. Customs and Border Protection 
(CBP) has encountered more than 100,000 illegal aliens along 
the southwest border.\1\ Since President Biden took office, 
more than 7 million illegal aliens have been encountered by CBP 
along the southwest border.\2\ In September 2023, CBP on the 
southwest border encountered 269,735 illegal aliens, shattering 
the previous record of 252,315 encounters in December 2022.\3\ 
In December 2023, according to press reports, the Biden 
Administration broke the September 2023 record with a 
staggering 302,000 illegal alien encounters.\4\ More than 3.3 
million illegal aliens have been released into the United 
States by the Biden Administration, and there have been at 
least 1.7 million known ``gotaways.''\5\ In addition, an untold 
number of unknown ``gotaways'' have evaded Border Patrol agents 
and escaped into the interior since January 20, 2021.\6\
---------------------------------------------------------------------------
    \1\U.S. Customs and Border Prot., Sw. Land Border Encounters, U.S. 
Dep't of Homeland Sec. (last accessed Dec. 27, 2023), https://
www.cbp.gov/newsroom/stats/southwest-land-border-encounters (reporting 
6,776,255 illegal alien encounters through Nov. 2023); Bill Melugin 
(@BillMelugin_), X (Dec. 26, 2023, 11:28 AM), https://x.com/
BillMelugin_/status/1739699696585814515?s=20 (reporting 730,000 illegal 
alien encounters thus far in FY 2024). Under the Biden Administration, 
CBP has encountered at least 7,022,862 illegal aliens along the 
southwest border.
    \2\Id.
    \3\Id.
    \4\Bill Melugin (@BillMelugin_), X (Jan. 2, 2024 10:54 AM), https:/
/x.com/BillMelugin_/status/1742212865803911284?s=20; Bill Melugin 
(@BillMelugin_), X (Dec. 19, 2023 8:33 AM), https://x.com/BillMelugin_/
status/1737103946429186105?s=20.
    \5\See H. Comm. on the Judiciary, Rep. on The Biden Border Crisis: 
How the Biden Admin. Opened the Sw. Border and Abandoned Interior 
Immigr. Enf't at App'x 1 (Oct. 9, 2023) (``DHS released at least 
2,148,738 illegal aliens into the United States'' through March 2023); 
see also U.S. Customs and Border Prot., CBP Releases Nov. 2023 Monthly 
Update, U.S. Dep't of Homeland Sec. (Dec. 22, 2023), https://
www.cbp.gov/newsroom/national-media-release/cbp-releases-november-2023-
monthly-update (``297,000 Cubans, Haitians, Nicaraguans, and 
Venezuelans [] were granted parole under the parole processes [through 
Nov. 2023]'') [hereinafter Nov. 2023 Monthly Update]; U.S. Customs and 
Border Prot., Custody and Transfer Statistics FY 2023, U.S. Dep't of 
Homeland Sec. (last accessed Jan. 12, 2024), https://www.cbp.gov/
newsroom/stats/custody-and-transfer-statistics-fy2023 (reporting that, 
between April 2023 and September 2023, 507,873 illegal aliens were 
released with a notice to appear or paroled); Bill Melugin 
(@BillMelugin_), X (Dec. 22, 2023, 12:07 PM), https://x.com/
BillMelugin_/status/1738244827475775910?s=20 (In FY 2024 thus far, 
``Border Patrol has released more than 386,500 illegal aliens''); Casey 
Harper, Border crisis creates national security threat for U.S., 
observers say, The Center Square (Aug. 5, 2023), https://
www.thecentersquare.com/national/article_37491ca0-32ff-11ee-945b-
7f09d39f7aa0.html. Under the Biden Administration, at least 3,340,111 
illegal aliens have been released into the United States and 1.7 
million known ``gotaways'' have evaded Border Patrol.
    \6\Harper, supra note 5.
---------------------------------------------------------------------------
    The Biden Administration's lax enforcement of the 
immigration laws has incentivized illegal alien smuggling. 
Smugglers in vehicles routinely evade Border Patrol agents, and 
high-speed chases often ensue.\7\ The number of high-speed 
chases continues to increase along the southwest border.\8\ 
While especially prevalent in the Tucson, Arizona, area, where 
such chases are ``resulting in deaths and injuries among 
innocent residents,''\9\ high-speed chases are also common in 
other American communities. For instance, in El Paso, Texas, in 
July 2023, ``several people, including a child, were injured 
when a driver smuggling [illegal aliens] wrecked into two other 
vehicles while running from a Texas state trooper.''\10\ Nine 
people were taken to the hospital to receive medical attention 
for their injuries.\11\
---------------------------------------------------------------------------
    \7\See infra notes 93, 95, 97, & 98.
    \8\J. David Goodman, High-Speed Police Chases Rise Near Texas 
Border, Leaving Locals on Edge, N. Y. Times (Nov. 24, 2023), https://
www.nytimes.com/2023/11/24/us/texas-border-police-
chases.html?searchResultPosition=1.
    \9\Lupita Murillo, Operation Safe Streets II in its third week, 
News4 Tucson (Nov. 14, 2023), https://www.kvoa.com/news/local/
operation-safe-streets-ii-in-its-third-week/article_6f3ffb18-834c-11ee-
a8ea-5bc1cd972319.html.
    \10\Daniel Borunda, Texas DPS pursuit of migrant smuggler vehicle 
ends in West El Paso crash, several injured, El Paso Times (July 31, 
2023), https://www.elpasotimes.com/story/news/crime/2023/07/31/el-paso-
texas-dps-pursuit-migrant-smuggler-vehicle-crash-south-desert-
boulevard/70499277007/.
    \11\Id.
---------------------------------------------------------------------------
    In addition to Americans who live in border communities, 
federal, state, and local law enforcement officers have been 
injured and killed as a result of high-speed chases with 
smugglers. On February 24, 2021, Border Patrol agents pursued a 
human smuggler who was attempting to transport nearly a dozen 
illegal aliens and who failed to stop at a checkpoint on the 
outskirts of San Diego, California.\12\ Four agents were 
injured during the chase after ``the [smuggler's] SUV hit 
several Border Patrol vehicles before crashing into at least 
two civilian vehicles.''\13\ On September 30, 2023, an Arizona 
sheriff's deputy was hurt after he fell 15 feet while assisting 
in the capture of smugglers attempting to evade 
authorities.\14\ On December 7, 2022, Border Patrol Agent Raul 
Gonzalez, while in pursuit of a group of illegal aliens evading 
Border Patrol agents in Mission, Texas, crashed his all-terrain 
vehicle into a gate.\15\ Agent Gonzalez died from his injuries 
just a few hours later.\16\
---------------------------------------------------------------------------
    \12\City News Service, 4 Border Patrol Agents Injured in Crash 
During Chase of Migrant Smuggler's SUV, Times of San Diego (Feb. 24, 
2021), https://timesofsandiego.com/crime/2021/02/24/4-border-patrol-
agents-injured-in-crash-during-chase-of-migrant-smugglers-suv/.
    \13\Id.
    \14\Sarah Rumpf-Whitten, Arizona sheriff's deputy near border falls 
15-feet, injured in pursuit of human smuggler: `Enough is enough', FOX 
NEWS (Sept. 30, 2023), https://www.foxnews.com/us/texas-sheriffs-
deputy-near-border-falls-15-feet-injured-pursuit-human-smuggler-enough-
enough.
    \15\MaryAnn Martinez, US Border Patrol agent killed chasing illegal 
immigrants in Texas N.Y. Post (Dec. 7, 2022), https://nypost.com/2022/
12/07/border-patrol-agent-killed-chasing-illegal-migrants-in-texas/.
    \16\Id.
---------------------------------------------------------------------------
    In October of last year, the Arizona Sheriffs Association 
announced it would send deputies from Apache, Coconino, Navajo, 
Pinal, and Yavapai County to Cochise County to assist law 
enforcement in combatting border-related crime, including high-
speed chases.\17\ One lifelong Cochise County resident 
reflected on the dangers of Highway 90, now a major smuggling 
route, stating, ``It's scary to the point that you don't want 
to drive the highway but to get to work you have to . . . . I'm 
actually scared about going out into the public sometimes 
because what if there is a high-speed chase and something goes 
sideways they get into a car accident, hop on a curb, and hit 
anybody . . . .''\18\ In Tombstone, Arizona, U.S. Marshal Jim 
Adams spoke of the high-speed chases racing through his town: 
``This is a weekly occurrence. Sometimes daily, sometimes 
several times a day.''\19\ According to the Marshal's office, 
of the 91 calls it handled last year, around 51 involved 
smuggler chases.\20\
---------------------------------------------------------------------------
    \17\ADI Staff, Sheriffs Send Resources To Cochise County To Combat 
Border Crime Arizona Daily Independent (Oct. 26, 2023), https://
arizonadailyindependent.com/2023/10/26/sheriffs-send-resources-to-
cochise-county-to-combat-border-crime/.
    \18\Murillo, supra note 9.
    \19\Craig Smith, High-speed smugglers risk your life on Tombstone 
streets, ABC KGUN Tucson (Oct. 3, 2023), https://www.kgun9.com/news/
local-news/cochise-county/on-tombstone-streets-high-speed-smugglers-
risk-your-life.
    \20\Id.
---------------------------------------------------------------------------
    Human smuggling is an incredibly lucrative business. 
According to Border Patrol estimates, in the Del Rio Sector 
alone, cartels' human smuggling profit is $32 million per week, 
for a staggering total of $1.6 billion per year.\21\ With a 
continuing demand for human smuggling because of the open 
southwest border, cartels are also recruiting minors to drive 
illegal aliens across the border. Minors are falsely told they 
will not face legal consequences if caught.\22\ According to 
Cochise County, Arizona, Sheriff Mark Dannels, ``We have over a 
hundred juveniles in the last 18 months that we've apprehended 
in this county smuggling, all the way to the age of 13 and 12 
years of age down here, driving grandma's car, a friend's car, 
or mom and dad's car down here . . . .''\23\ In March 2022, law 
enforcement in Arizona started a task force to address human 
smuggling across the border.\24\ The task force, called 
Operation Safe Streets, helped to pass a law that made human 
trafficking a state violation, allowing for easier prosecutions 
of juveniles for such crimes and deterring other potential 
criminals.\25\ However, even with this state legislation, 
police face challenges in apprehending smugglers through high-
speed chases as historic numbers of illegal alien encounters 
continue at the border.\26\ Indeed, the lack of specific 
federal criminal and immigration consequences has incentivized 
criminals and aliens to evade the Border Patrol, resulting in 
the rising number of dangerous high-speed chases.\27\
---------------------------------------------------------------------------
    \21\Stephen Dinan, Cartels make $32 million a week off migrants in 
one stretch of Texas border, Wash. Examiner (Jan. 3, 2024), https://
www.washingtontimes.com/news/2024/jan/3/cartels-make-32-million-week-
off-migrants-in-one-s/?utm_source=Twitter&utm_medium=SocialFlow.
    \22\Melissa Ford Maldonado & Zach Whiting, Parents, beware of 
Mexican Drug Cartel Operatives trying to `slide into your child's DMs', 
Texas Public Policy Foundation (March 28, 2023), https://
www.texaspolicy.com/parents-beware-of-mexican-drug-cartel-operatives-
trying-to-slide-into-your-childs-dms/
#::text=With%20demand%20for%20human%20smugglers, 
apprehended%20because%20they%20are%20minors.
    \23\Kris Van Cleave, Cochise County turning into a drug and human 
smuggling raceway as border crossings surge, Arizona's Family (Oct. 5, 
2023), https://www.azfamily.com/2023/10/06/ cochise-county-turning-
into-drug-human-smuggling-raceway-border-crossings-surge/.
    \24\Aleix Oliveira, Babyfaced Arizona teens suspected of working as 
people smugglers for a cartel in worrying new trend: cops N.Y. Post 
(Nov. 13, 2023), https://nypost.com/2023/11/13/news/arizona-teens-eli-
laclaire-and-landon-vert-arrested-for-people-smuggling/.
    \25\Id.
    \26\Id.; CBP Sw. Land Border Encounters, supra note 1.
    \27\Id.; Goodman, supra note 8.
---------------------------------------------------------------------------
    During Committee consideration of H.R. 5585, the Minority 
argued that to be subject to the bill's immigration penalties, 
an alien should have to have been convicted of fleeing a law 
enforcement officer. However, under current law, not every 
ground of inadmissibility or removability requires a 
conviction.\28\ Indeed, by requiring, at a minimum, that an 
alien admits to the elements of the offense, H.R. 5585 conforms 
to the pattern of other grounds of inadmissibility and 
removability.\29\ Moreover, by ensuring an alien may be 
inadmissible or removable based on his own admission, this 
legislation guards against cases in which an activist 
prosecutor may decline to prosecute these offenses or allow 
aliens to plead down to crimes that do not render such aliens 
removable.
---------------------------------------------------------------------------
    \28\See INA Sec.  212(a)(2); INA Sec.  237(a)(1)(C); INA Sec.  
237(a)(1)(E); INA Sec.  237(a)(1)(G).
    \29\Id.
---------------------------------------------------------------------------
    H.R.5585 gives authorities the necessary tools to fully 
prosecute and punish criminals who intentionally fail to yield 
to Border Patrol agents, and law enforcement officials 
assisting the Border Patrol.

                                Hearings

    For the purposes of clause 3(c)(6)(A) of House rule XIII, 
the following hearing was used to develop H.R. 5585: ``The 
Biden Border Crisis: Part I,'' a hearing held on February 1, 
2023, before the Judiciary Committee. The Committee heard 
testimony from the following witnesses:
           Brandon Dunn, co-founder, Forever15Project;
           The Honorable Mark J. Dannels, Sheriff, 
        Cochise County, Arizona;
           The Honorable Dale Lynn Carruthers, County 
        Judge, Terrell County, Texas; and
           The Honorable Ricardo Samaniego, County 
        Judge, El Paso County, Texas.
    The hearing addressed how President Biden's open-borders 
policies affect Americans with rising crime and lawlessness at 
the southwest border and beyond. In his opening statement, 
Sheriff Mark Dannels of Cochise County, Arizona, testified how 
his deputies have been placed in life-threatening situations 
with aliens and how border-related crimes, including high-speed 
chases resulting from criminals and illegal aliens evading 
Border Patrol and state and local law enforcement, are at an 
all-time high.\30\
---------------------------------------------------------------------------
    \30\The Biden Border Crisis: Part I: Hearing Before the H. Comm. On 
the Judiciary, 118th Cong. (2023) (statement of Mark J. Dannels, 
Sheriff, Cochise County, Arizona).
---------------------------------------------------------------------------

                        Committee Consideration

    On January 18, 2024, the Committee met in open session and 
ordered the bill, H.R. 5585, favorably reported with an 
amendment in the nature of a substitute, by a roll call vote of 
14-10, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of House rule XIII, the 
following roll call votes occurred during the Committee's 
consideration of H.R. 5585:
          1. Vote on Amendment #1 to the H.R. 5585 ANS, offered 
        by Ms. Escobar of Texas--failed 11 ayes to 13 nays.
          2. Vote on Amendment #2 to the H.R. 5585 ANS, offered 
        by Ms. Jackson Lee of Texas--failed 9 ayes to 13 nays.
          3. Vote on favorably reporting H.R. 5585, as 
        amended--passed 14 ayes to 10 nays.
        
        
                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of House rule XIII, the 
Committee advises that the findings and recommendations of the 
Committee, based on oversight activities under clause 2(b)(1) 
of rule X of the Rules of the House of Representatives, are 
incorporated in the descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to filing of the report 
and is included in the report. Such a cost estimate is included 
in this report.

               Congressional Budget Office Cost Estimate

    With respect to the requirement of clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
402 of the Congressional Budget Act of 1974, the Committee has 
received the enclosed cost estimate for H.R. 5585 from the 
Director of the Congressional Budget Office:




    H.R. 5585 would create new criminal penalties for using a 
motor vehicle to flee a border patrol agent within 100 miles of 
the United States border. Those penalties would increase if the 
offense resulted in death or serious injury. H.R. 5585 also 
would make an alien (a non-U.S. national) inadmissible to or 
deportable from the United States if that person admitted to or 
was convicted of such an offense. Lastly, the bill would 
require the Department of Justice to report annually to the 
Congress on the number of people charged with the offense 
specified in the bill and the sentencing outcome for each 
offense.
    Based on data from the U.S. Sentencing Commission, a small 
number of people who are convicted of immigration offenses pay 
criminal fines. Criminal fines are recorded in the budget as 
revenues, deposited in the Crime Victims Fund, and later spent 
without further appropriation. Using data on fines collected 
for other immigration offenses, CBO estimates that enacting 
H.R. 5585 would increase revenues and direct spending from 
fines by less than $500,000 over the 2024-2033 period.
    Under current law, driving recklessly to evade police is 
deemed to be a crime involving moral turpitude; the admission 
of or conviction for such crimes makes an alien inadmissible. 
Further, a conviction for high-speed flight from an immigration 
checkpoint renders an alien deportable. Therefore, CBO expects 
that only a few people would be deported based solely on 
enacting this bill.
    Enacting H.R. 5585 would reduce direct spending and 
spending subject to appropriation because aliens are eligible 
for certain federal benefits, such as emergency Medicaid, if 
they otherwise meet the eligibility requirements for those 
benefits. Removing aliens under the bill would reduce spending 
for those benefits. Because few people would be affected by the 
bill, CBO estimates that those effects would not be significant 
in any year and over the 2024-2033 period.
    Finally, based on the costs of similar activities, CBO 
estimates that implementing the reporting requirement would 
cost less than $500,000 over the 2024-2028 period. That 
spending would be subject to the availability of appropriated 
funds.
    The CBO staff contacts for this estimate are Jeremy Crimm 
(for the Department of Justice) and David Rafferty (for 
immigration). The estimate was reviewed by H. Samuel Papenfuss, 
Deputy Director of Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

                Committee Estimate of Budgetary Effects

    With respect to the requirements of clause 3(d)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee adopts as its own the cost estimate prepared by the 
Director of the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of House rule XIII, no provision 
of H.R. 5585 establishes or reauthorizes a program of the 
federal government known to be duplicative of another federal 
program.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
House rule XIII, H.R. 5585 imposes criminal penalties on 
individuals who evade U.S. Border Patrol agents, or other 
federal,state, or local law enforcement officers assisting 
Border Patrol agents, makes aliens who are convicted of or admit to 
committing such acts inadmissible to and removable from the U.S., and 
ensures such aliens are ineligible for immigration relief, including 
asylum.

                          Advisory on Earmarks

    In accordance with clause 9 of House rule XXI, H.R. 5585 
does not contain any congressional earmarks, limited tax 
benefits, or limited tariff benefits as defined in clauses 
9(d), 9(e), or 9(f) of House rule XXI.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Pub. L. 104-
1).

                      Section-by-Section Analysis

    Sec. 1: Short Title: This section states the title of H.R. 
5585 as the ``Agent Raul Gonzalez Officer Safety Act.''
    Sec. 2(a): This section amends title 18 of the U.S. Code by 
adding a new offense of evading arrest or detention while 
operating a motor vehicle. Specifically, a person commits an 
offense by operating a vehicle within 100 miles of the border 
while intentionally fleeing from border patrol, state or local 
law enforcement, or other federal law enforcement.
    Sec. 2(b): Penalties. A person committing this offense will 
be imprisoned for up to 2 years or fined. If the evasion 
results in serious bodily injury, the person will be imprisoned 
for 5 to 20 years, fined or both. If the evasion results in 
death, the person will be imprisoned for not less than 10 
years, fined or both.
    Sec. 3. Inadmissibility, Deportability, and Ineligibility 
Related to Evading Arrest or Detention While Operating a Motor 
Vehicle: This section creates a ground of inadmissibility and a 
ground of removability for aliens who have been convicted of, 
admit to, or admit to committing acts that constitute the 
essential elements of a violation of 18 U.S.C. Sec.  40B(a), 
evading arrest or detention while operating a motor vehicle. 
The section makes such aliens ineligible for all immigration 
relief.
    Sec. 4: Annual Report: This section requires the Attorney 
General to submit an annual report to both the House and Senate 
Judiciary Committees. The report will identify the number of 
people charged, and summarize the penalties sought and the 
penalties imposed for the violations.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

                      TITLE 18, UNITED STATES CODE




           *       *       *       *       *       *       *
PART I--CRIMES

           *       *       *       *       *       *       *


                 CHAPTER 2--AIRCRAFT AND MOTOR VEHICLES


Sec.
31. Definitions.
     * * * * * * *
40B. Evading arrest or detention while operating a motor vehicle.

           *       *       *       *       *       *       *


Sec. 40B. Evading arrest or detention while operating a motor vehicle

  (a) Offense.--A person commits an offense under this section 
by operating a motor vehicle within 100 miles of the United 
States border while intentionally fleeing from--
          (1) a pursuing U.S. Border Patrol agent acting 
        pursuant to lawful authority; or
          (2) any pursuing Federal, State, or local law 
        enforcement officer who is actively assisting, or under 
        the command of, U.S. Border Patrol.
  (b) Penalties.--
          (1) In general.--Except as provided in paragraphs (2) 
        and (3), any person who commits an offense described in 
        subsection (a) shall be--
                  (A) imprisoned for a term of not more than 2 
                years;
                  (B) fined under this title; or
                  (C) subject to the penalties described in 
                subparagraphs (A) and (B).
          (2) Serious bodily injury.--If serious bodily injury 
        results from the commission of an offense described in 
        subsection (a), the person committing such offense 
        shall be--
                  (A) imprisoned for a term of not less than 5 
                years and not more than 20 years;
                  (B) fined under this title; or
                  (C) subject to the penalties described in 
                subparagraphs (A) and (B).
          (3) Death.--If the death of any person results from 
        the commission of an offense described in subsection 
        (a), the person committing such offense shall be--
                  (A) imprisoned for a term of not less than 10 
                years and up to life;
                  (B) fined under this title; or
                  (C) subject to the penalties described in 
                subparagraphs (A) and (B).

           *       *       *       *       *       *       *

                              ----------                              


                    IMMIGRATION AND NATIONALITY ACT




           *       *       *       *       *       *       *
TITLE II--IMMIGRATION

           *       *       *       *       *       *       *



 Chapter 2--Qualifications for Admission of Aliens; Travel Control of 
Citizens and Aliens

           *       *       *       *       *       *       *



SEC. 208A. INELIGIBILITY FOR RELIEF RELATED TO EVADING ARREST OR 
                    DETENTION WHILE OPERATING A MOTOR VEHICLE.

  Any alien who has been convicted of, who admits having 
committed, or who admits committing acts which constitute the 
essential elements of a violation of section 40B(a) of title 
18, United States Code, shall be ineligible for relief under 
the immigration laws, including asylum under section 208.

           *       *       *       *       *       *       *


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

  Sec. 212. (a) Classes of Aliens Ineligible for Visas or 
Admission.--Except as otherwise provided in this Act, aliens 
who are inadmissible under the following paragraphs are 
ineligible to receive visas and ineligible to be admitted to 
the United States:
          (1) Health-related grounds.--
                  (A) In general.--Any alien--
                          (i) who is determined (in accordance 
                        with regulations prescribed by the 
                        Secretary of Health and Human Services) 
                        to have a communicable disease of 
                        public health significance;
                          (ii) except as provided in 
                        subparagraph (C), who seeks admission 
                        as an immigrant, or who seeks 
                        adjustment of status to the status of 
                        an alien lawfully admitted for 
                        permanent residence, and who has failed 
                        to present documentation of having 
                        received vaccination against vaccine-
                        preventable diseases, which shall 
                        include at least the following 
                        diseases: mumps, measles, rubella, 
                        polio, tetanus and diphtheria toxoids, 
                        pertussis, influenza type B and 
                        hepatitis B, and any other vaccinations 
                        against vaccine-preventable diseases 
                        recommended by the Advisory Committee 
                        for Immunization Practices,
                          (iii) who is determined (in 
                        accordance with regulations prescribed 
                        by the Secretary of Health and Human 
                        Services in consultation with the 
                        Attorney General)--
                                  (I) to have a physical or 
                                mental disorder and behavior 
                                associated with the disorder 
                                that may pose, or has posed, a 
                                threat to the property, safety, 
                                or welfare of the alien or 
                                others, or
                                  (II) to have had a physical 
                                or mental disorder and a 
                                history of behavior associated 
                                with the disorder, which 
                                behavior has posed a threat to 
                                the property, safety, or 
                                welfare of the alien or others 
                                and which behavior is likely to 
                                recur or to lead to other 
                                harmful behavior, or
                          (iv) who is determined (in accordance 
                        with regulations prescribed by the 
                        Secretary of Health and Human Services) 
                        to be a drug abuser or addict,
                is inadmissibility.
                  (B) Waiver authorized.--For provision 
                authorizing waiver of certain clauses of 
                subparagraph (A), see subsection (g).
                  (C) Exception from immunization requirement 
                for adopted children 10 years of age or 
                younger.--Clause (ii) of subparagraph (A) shall 
                not apply to a child who--
                          (i) is 10 years of age or younger,
                          (ii) is described in subparagraph (F) 
                        or (G) of section 101(b)(1); and
                          (iii) is seeking an immigrant visa as 
                        an immediate relative under section 
                        201(b),
                if, prior to the admission of the child, an 
                adoptive parent or prospective adoptive parent 
                of the child, who has sponsored the child for 
                admission as an immediate relative, has 
                executed an affidavit stating that the parent 
                is aware of the provisions of subparagraph 
                (A)(ii) and will ensure that, within 30 days of 
                the child's admission, or at the earliest time 
                that is medically appropriate, the child will 
                receive the vaccinations identified in such 
                subparagraph.
          (2) Criminal and related grounds.--
                  (A) Conviction of certain crimes.--
                          (i) In general.--Except as provided 
                        in clause (ii), any alien convicted of, 
                        or who admits having committed, or who 
                        admits committing acts which constitute 
                        the essential elements of--
                                  (I) a crime involving moral 
                                turpitude (other than a purely 
                                political offense) or an 
                                attempt or conspiracy to commit 
                                such a crime, or
                                  (II) a violation of (or a 
                                conspiracy or attempt to 
                                violate) any law or regulation 
                                of a State, the United States, 
                                or a foreign country relating 
                                to a controlled substance (as 
                                defined in section 102 of the 
                                Controlled Substances Act (21 
                                U.S.C. 802)),
                        is inadmissible.
                          (ii) Exception.--Clause (i)(I) shall 
                        not apply to an alien who committed 
                        only one crime if--
                                  (I) the crime was committed 
                                when the alien was under 18 
                                years of age, and the crime was 
                                committed (and the alien 
                                released from any confinement 
                                to a prison or correctional 
                                institution imposed for the 
                                crime) more than 5 years before 
                                the date of application for a 
                                visa or other documentation and 
                                the date of application for 
                                admission to the United States, 
                                or
                                  (II) the maximum penalty 
                                possible for the crime of which 
                                the alien was convicted (or 
                                which the alien admits having 
                                committed or of which the acts 
                                that the alien admits having 
                                committed constituted the 
                                essential elements) did not 
                                exceed imprisonment for one 
                                year and, if the alien was 
                                convicted of such crime, the 
                                alien was not sentenced to a 
                                term of imprisonment in excess 
                                of 6 months (regardless of the 
                                extent to which the sentence 
                                was ultimately executed).
                  (B) Multiple criminal convictions.--Any alien 
                convicted of 2 or more offenses (other than 
                purely political offenses), regardless of 
                whether the conviction was in a single trial or 
                whether the offenses arose from a single scheme 
                of misconduct and regardless of whether the 
                offenses involved moral turpitude, for which 
                the aggregate sentences to confinement were 5 
                years or more is inadmissible.
                  (C) Controlled substance traffickers.--Any 
                alien who the consular officer or the Attorney 
                General knows or has reason to believe--
                          (i) is or has been an illicit 
                        trafficker in any controlled substance 
                        or in any listed chemical (as defined 
                        in section 102 of the Controlled 
                        Substances Act (21 U.S.C. 802)), or is 
                        or has been a knowing aider, abettor, 
                        assister, conspirator, or colluder with 
                        others in the illicit trafficking in 
                        any such controlled or listed substance 
                        or chemical, or endeavored to do so; or
                          (ii) is the spouse, son, or daughter 
                        of an alien inadmissible under clause 
                        (i), has, within the previous 5 years, 
                        obtained any financial or other benefit 
                        from the illicit activity of that 
                        alien, and knew or reasonably should 
                        have known that the financial or other 
                        benefit was the product of such illicit 
                        activity,
                is inadmissible.
                  (D) Prostitution and commercialized vice.--
                Any alien who--
                          (i) is coming to the United States 
                        solely, principally, or incidentally to 
                        engage in prostitution, or has engaged 
                        in prostitution within 10 years of the 
                        date of application for a visa, 
                        admission, or adjustment of status,
                          (ii) directly or indirectly procures 
                        or attempts to procure, or (within 10 
                        years of the date of application for a 
                        visa, entry, or adjustment of status) 
                        procured or attempted to procure or to 
                        import, prostitutes or persons for the 
                        purpose of prostitution, or receives or 
                        (within such 10-year period) received, 
                        in whole or in part, the proceeds of 
                        prostitution, or
                          (iii) is coming to the United States 
                        to engage in any other unlawful 
                        commercialized vice, whether or not 
                        related to prostitution,
                is inadmissible.
                  (E) Certain aliens involved in serious 
                criminal activity who have asserted immunity 
                from prosecution.--Any alien--
                          (i) who has committed in the United 
                        States at any time a serious criminal 
                        offense (as defined in section 101(h)),
                          (ii) for whom immunity from criminal 
                        jurisdiction was exercised with respect 
                        to that offense,
                          (iii) who as a consequence of the 
                        offense and exercise of immunity has 
                        departed from the United States, and
                          (iv) who has not subsequently 
                        submitted fully to the jurisdiction of 
                        the court in the United States having 
                        jurisdiction with respect to that 
                        offense,
                is inadmissible.
                  (F) Waiver authorized.--For provision 
                authorizing waiver of certain subparagraphs of 
                this paragraph, see subsection (h).
                  (G) Foreign government officials who have 
                committed particularly severe violations of 
                religious freedom.--Any alien who, while 
                serving as a foreign government official, was 
                responsible for or directly carried out, at any 
                time, particularly severe violations of 
                religious freedom, as defined in section 3 of 
                the International Religious Freedom Act of 1998 
                (22 U.S.C. 6402), is inadmissible.
                  (H) Significant traffickers in persons.--
                          (i) In general.--Any alien who 
                        commits or conspires to commit human 
                        trafficking offenses in the United 
                        States or outside the United States, or 
                        who the consular officer, the Secretary 
                        of Homeland Security, the Secretary of 
                        State, or the Attorney General knows or 
                        has reason to believe is or has been a 
                        knowing aider, abettor, assister, 
                        conspirator, or colluder with such a 
                        trafficker in severe forms of 
                        trafficking in persons, as defined in 
                        the section 103 of such Act, is 
                        inadmissible.
                          (ii) Beneficiaries of trafficking.--
                        Except as provided in clause (iii), any 
                        alien who the consular officer or the 
                        Attorney General knows or has reason to 
                        believe is the spouse, son, or daughter 
                        of an alien inadmissible under clause 
                        (i), has, within the previous 5 years, 
                        obtained any financial or other benefit 
                        from the illicit activity of that 
                        alien, and knew or reasonably should 
                        have known that the financial or other 
                        benefit was the product of such illicit 
                        activity, is inadmissible.
                          (iii) Exception for certain sons and 
                        daughters.--Clause (ii) shall not apply 
                        to a son or daughter who was a child at 
                        the time he or she received the benefit 
                        described in such clause.
                  (I) Money laundering.--Any alien--
                          (i) who a consular officer or the 
                        Attorney General knows, or has reason 
                        to believe, has engaged, is engaging, 
                        or seeks to enter the United States to 
                        engage, in an offense which is 
                        described in section 1956 or 1957 of 
                        title 18, United States Code (relating 
                        to laundering of monetary instruments); 
                        or
                          (ii) who a consular officer or the 
                        Attorney General knows is, or has been, 
                        a knowing aider, abettor, assister, 
                        conspirator, or colluder with others in 
                        an offense which is described in such 
                        section;
                is inadmissible.
                  (J) Evading arrest or detention while 
                operating a motor vehicle.--Any alien who has 
                been convicted of, who admits having committed, 
                or who admits committing acts which constitute 
                the essential elements of a violation of 
                section 40B(a) of title 18, United States Code, 
                is inadmissible.
          (3) Security and related grounds.--
                  (A) In general.--Any alien who a consular 
                officer or the Attorney General knows, or has 
                reasonable ground to believe, seeks to enter 
                the United States to engage solely, 
                principally, or incidentally in--
                          (i) any activity (I) to violate any 
                        law of the United States relating to 
                        espionage or sabotage or (II) to 
                        violate or evade any law prohibiting 
                        the export from the United States of 
                        goods, technology, or sensitive 
                        information,
                          (ii) any other unlawful activity, or
                          (iii) any activity a purpose of which 
                        is the opposition to, or the control or 
                        overthrow of, the Government of the 
                        United States by force, violence, or 
                        other unlawful means,
                is inadmissible.
                  (B) Terrorist activities.--
                          (i) In general.--Any alien who--
                                  (I) has engaged in a 
                                terrorist activity;
                                  (II) a consular officer, the 
                                Attorney General, or the 
                                Secretary of Homeland Security 
                                knows, or has reasonable ground 
                                to believe, is engaged in or is 
                                likely to engage after entry in 
                                any terrorist activity (as 
                                defined in clause (iv));
                                  (III) has, under 
                                circumstances indicating an 
                                intention to cause death or 
                                serious bodily harm, incited 
                                terrorist activity;
                                  (IV) is a representative (as 
                                defined in clause (v)) of--
                                          (aa) a terrorist 
                                        organization (as 
                                        defined in clause 
                                        (vi)); or
                                          (bb) a political, 
                                        social, or other group 
                                        that endorses or 
                                        espouses terrorist 
                                        activity;
                                  (V) is a member of a 
                                terrorist organization 
                                described in subclause (I) or 
                                (II) of clause (vi);
                                  (VI) is a member of a 
                                terrorist organization 
                                described in clause (vi)(III), 
                                unless the alien can 
                                demonstrate by clear and 
                                convincing evidence that the 
                                alien did not know, and should 
                                not reasonably have known, that 
                                the organization was a 
                                terrorist organization;
                                  (VII) endorses or espouses 
                                terrorist activity or persuades 
                                others to endorse or espouse 
                                terrorist activity or support a 
                                terrorist organization;
                                  (VIII) has received military-
                                type training (as defined in 
                                section 2339D(c)(1) of title 
                                18, United States Code) from or 
                                on behalf of any organization 
                                that, at the time the training 
                                was received, was a terrorist 
                                organization (as defined in 
                                clause (vi)); or
                                  (IX) is the spouse or child 
                                of an alien who is inadmissible 
                                under this subparagraph, if the 
                                activity causing the alien to 
                                be found inadmissible occurred 
                                within the last 5 years, is 
                                inadmissible.
                        An alien who is an officer, official, 
                        representative, or spokesman of the 
                        Palestine Liberation Organization is 
                        considered, for purposes of this Act, 
                        to be engaged in a terrorist activity.
                          (ii) Exception.--Subclause (IX) of 
                        clause (i) does not apply to a spouse 
                        or child--
                                  (I) who did not know or 
                                should not reasonably have 
                                known of the activity causing 
                                the alien to be found 
                                inadmissible under this 
                                section; or
                                  (II) whom the consular 
                                officer or Attorney General has 
                                reasonable grounds to believe 
                                has renounced the activity 
                                causing the alien to be found 
                                inadmissible under this 
                                section.
                          (iii) Terrorist activity defined.--As 
                        used in this Act, the term ``terrorist 
                        activity'' means any activity which is 
                        unlawful under the laws of the place 
                        where it is committed (or which, if it 
                        had been committed in the United 
                        States, would be unlawful under the 
                        laws of the United States or any State) 
                        and which involves any of the 
                        following:
                                  (I) The highjacking or 
                                sabotage of any conveyance 
                                (including an aircraft, vessel, 
                                or vehicle).
                                  (II) The seizing or 
                                detaining, and threatening to 
                                kill, injure, or continue to 
                                detain, another individual in 
                                order to compel a third person 
                                (including a governmental 
                                organization) to do or abstain 
                                from doing any act as an 
                                explicit or implicit condition 
                                for the release of the 
                                individual seized or detained.
                                  (III) A violent attack upon 
                                an internationally protected 
                                person (as defined in section 
                                1116(b)(4) of title 18, United 
                                States Code) or upon the 
                                liberty of such a person.
                                  (IV) An assassination.
                                  (V) The use of any--
                                          (a) biological agent, 
                                        chemical agent, or 
                                        nuclear weapon or 
                                        device, or
                                          (b) explosive, 
                                        firearm, or other 
                                        weapon or dangerous 
                                        device (other than for 
                                        mere personal monetary 
                                        gain),
                                with intent to endanger, 
                                directly or indirectly, the 
                                safety of one or more 
                                individuals or to cause 
                                substantial damage to property.
                                  (VI) A threat, attempt, or 
                                conspiracy to do any of the 
                                foregoing.
                          (iv) Engage in terrorist activity 
                        defined.--As used in this Act, the term 
                        ``engage in terrorist activity'' means, 
                        in an individual capacity or as a 
                        member of an organization--
                                  (I) to commit or to incite to 
                                commit, under circumstances 
                                indicating an intention to 
                                cause death or serious bodily 
                                injury, a terrorist activity;
                                  (II) to prepare or plan a 
                                terrorist activity;
                                  (III) to gather information 
                                on potential targets for 
                                terrorist activity;
                                  (IV) to solicit funds or 
                                other things of value for--
                                          (aa) a terrorist 
                                        activity;
                                          (bb) a terrorist 
                                        organization described 
                                        in clause (vi)(I) or 
                                        (vi)(II); or
                                          (cc) a terrorist 
                                        organization described 
                                        in clause (vi)(III), 
                                        unless the solicitor 
                                        can demonstrate by 
                                        clear and convincing 
                                        evidence that he did 
                                        not know, and should 
                                        not reasonably have 
                                        known, that the 
                                        organization was a 
                                        terrorist organization;
                                  (V) to solicit any 
                                individual--
                                          (aa) to engage in 
                                        conduct otherwise 
                                        described in this 
                                        subsection;
                                          (bb) for membership 
                                        in a terrorist 
                                        organization described 
                                        in clause (vi)(I) or 
                                        (vi)(II); or
                                          (cc) for membership 
                                        in a terrorist 
                                        organization described 
                                        in clause (vi)(III) 
                                        unless the solicitor 
                                        can demonstrate by 
                                        clear and convincing 
                                        evidence that he did 
                                        not know, and should 
                                        not reasonably have 
                                        known, that the 
                                        organization was a 
                                        terrorist organization; 
                                        or
                                  (VI) to commit an act that 
                                the actor knows, or reasonably 
                                should know, affords material 
                                support, including a safe 
                                house, transportation, 
                                communications, funds, transfer 
                                of funds or other material 
                                financial benefit, false 
                                documentation or 
                                identification, weapons 
                                (including chemical, 
                                biological, or radiological 
                                weapons), explosives, or 
                                training--
                                          (aa) for the 
                                        commission of a 
                                        terrorist activity;
                                          (bb) to any 
                                        individual who the 
                                        actor knows, or 
                                        reasonably should know, 
                                        has committed or plans 
                                        to commit a terrorist 
                                        activity;
                                          (cc) to a terrorist 
                                        organization described 
                                        in subclause (I) or 
                                        (II) of clause (vi) or 
                                        to any member of such 
                                        an organization; or
                                          (dd) to a terrorist 
                                        organization described 
                                        in clause (vi)(III), or 
                                        to any member of such 
                                        an organization, unless 
                                        the actor can 
                                        demonstrate by clear 
                                        and convincing evidence 
                                        that the actor did not 
                                        know, and should not 
                                        reasonably have known, 
                                        that the organization 
                                        was a terrorist 
                                        organization.
                          (v) Representative defined.--As used 
                        in this paragraph, the term 
                        ``representative'' includes an officer, 
                        official, or spokesman of an 
                        organization, and any person who 
                        directs, counsels, commands, or induces 
                        an organization or its members to 
                        engage in terrorist activity.
                          (vi) Terrorist organization 
                        defined.--As used in this section, the 
                        term ``terrorist organization'' means 
                        an organization--
                                  (I) designated under section 
                                219;
                                  (II) otherwise designated, 
                                upon publication in the Federal 
                                Register, by the Secretary of 
                                State in consultation with or 
                                upon the request of the 
                                Attorney General or the 
                                Secretary of Homeland Security, 
                                as a terrorist organization, 
                                after finding that the 
                                organization engages in the 
                                activities described in 
                                subclauses (I) through (VI) of 
                                clause (iv); or
                                  (III) that is a group of two 
                                or more individuals, whether 
                                organized or not, which engages 
                                in, or has a subgroup which 
                                engages in, the activities 
                                described in subclauses (I) 
                                through (VI) of clause (iv).
                  (C) Foreign policy.--
                          (i) In general.--An alien whose entry 
                        or proposed activities in the United 
                        States the Secretary of State has 
                        reasonable ground to believe would have 
                        potentially serious adverse foreign 
                        policy consequences for the United 
                        States is inadmissible.
                          (ii) Exception for officials.--An 
                        alien who is an official of a foreign 
                        government or a purported government, 
                        or who is a candidate for election to a 
                        foreign government office during the 
                        period immediately preceding the 
                        election for that office, shall not be 
                        excludable or subject to restrictions 
                        or conditions on entry into the United 
                        States under clause (i) solely because 
                        of the alien's past, current, or 
                        expected beliefs, statements, or 
                        associations, if such beliefs, 
                        statements, or associations would be 
                        lawful within the United States.
                          (iii) Exception for other aliens.--An 
                        alien, not described in clause (ii), 
                        shall not be excludable or subject to 
                        restrictions or conditions on entry 
                        into the United States under clause (i) 
                        because of the alien's past, current, 
                        or expected beliefs, statements, or 
                        associations, if such beliefs, 
                        statements, or associations would be 
                        lawful within the United States, unless 
                        the Secretary of State personally 
                        determines that the alien's admission 
                        would compromise a compelling United 
                        States foreign policy interest.
                          (iv) Notification of 
                        determinations.--If a determination is 
                        made under clause (iii) with respect to 
                        an alien, the Secretary of State must 
                        notify on a timely basis the chairmen 
                        of the Committees on the Judiciary and 
                        Foreign Affairs of the House of 
                        Representatives and of the Committees 
                        on the Judiciary and Foreign Relations 
                        of the Senate of the identity of the 
                        alien and the reasons for the 
                        determination.
                  (D) Immigrant membership in totalitarian 
                party.--
                          (i) In general.--Any immigrant who is 
                        or has been a member of or affiliated 
                        with the Communist or any other 
                        totalitarian party (or subdivision or 
                        affiliate thereof), domestic or 
                        foreign, is inadmissible.
                          (ii) Exception for involuntary 
                        membership.--Clause (i) shall not apply 
                        to an alien because of membership or 
                        affiliation if the alien establishes to 
                        the satisfaction of the consular 
                        officer when applying for a visa (or to 
                        the satisfaction of the Attorney 
                        General when applying for admission) 
                        that the membership or affiliation is 
                        or was involuntary, or is or was solely 
                        when under 16 years of age, by 
                        operation of law, or for purposes of 
                        obtaining employment, food rations, or 
                        other essentials of living and whether 
                        necessary for such purposes.
                          (iii) Exception for past 
                        membership.--Clause (i) shall not apply 
                        to an alien because of membership or 
                        affiliation if the alien establishes to 
                        the satisfaction of the consular 
                        officer when applying for a visa (or to 
                        the satisfaction of the Attorney 
                        General when applying for admission) 
                        that--
                                  (I) the membership or 
                                affiliation terminated at 
                                least--
                                          (a) 2 years before 
                                        the date of such 
                                        application, or
                                          (b) 5 years before 
                                        the date of such 
                                        application, in the 
                                        case of an alien whose 
                                        membership or 
                                        affiliation was with 
                                        the party controlling 
                                        the government of a 
                                        foreign state that is a 
                                        totalitarian 
                                        dictatorship as of such 
                                        date, and
                                  (II) the alien is not a 
                                threat to the security of the 
                                United States.
                          (iv) Exception for close family 
                        members.--The Attorney General may, in 
                        the Attorney General's discretion, 
                        waive the application of clause (i) in 
                        the case of an immigrant who is the 
                        parent, spouse, son, daughter, brother, 
                        or sister of a citizen of the United 
                        States or a spouse, son, or daughter of 
                        an alien lawfully admitted for 
                        permanent residence for humanitarian 
                        purposes, to assure family unity, or 
                        when it is otherwise in the public 
                        interest if the immigrant is not a 
                        threat to the security of the United 
                        States.
                  (E) Participants in nazi persecution, 
                genocide, or the commission of any act of 
                torture or extrajudicial killing.--
                          (i) Participation in nazi 
                        persecutions.--Any alien who, during 
                        the period beginning on March 23, 1933, 
                        and ending on May 8, 1945, under the 
                        direction of, or in association with--
                                  (I) the Nazi government of 
                                Germany,
                                  (II) any government in any 
                                area occupied by the military 
                                forces of the Nazi government 
                                of Germany,
                                  (III) any government 
                                established with the assistance 
                                or cooperation of the Nazi 
                                government of Germany, or
                                  (IV) any government which was 
                                an ally of the Nazi government 
                                of Germany,
                        ordered, incited, assisted, or 
                        otherwise participated in the 
                        persecution of any person because of 
                        race, religion, national origin, or 
                        political opinion is inadmissible.
                          (ii) Participation in genocide.--Any 
                        alien who ordered, incited, assisted, 
                        or otherwise participated in genocide, 
                        as defined in section 1091(a) of title 
                        18, United States Code, is inadmissible
                          (iii) Commission of acts of torture 
                        or extrajudicial killings.--Any alien 
                        who, outside the United States, has 
                        committed, ordered, incited, assisted, 
                        or otherwise participated in the 
                        commission of--
                                  (I) any act of torture, as 
                                defined in section 2340 of 
                                title 18, United States Code; 
                                or
                                  (II) under color of law of 
                                any foreign nation, any 
                                extrajudicial killing, as 
                                defined in section 3(a) of the 
                                Torture Victim Protection Act 
                                of 1991 (28 U.S.C. 1350 note),
                        is inadmissible.
                  (F) Association with terrorist 
                organizations.--Any alien who the Secretary of 
                State, after consultation with the Attorney 
                General, or the Attorney General, after 
                consultation with the Secretary of State, 
                determines has been associated with a terrorist 
                organization and intends while in the United 
                States to engage solely, principally, or 
                incidentally in activities that could endanger 
                the welfare, safety, or security of the United 
                States is inadmissible.
                  (G) Recruitment or use of child soldiers.--
                Any alien who has engaged in the recruitment or 
                use of child soldiers in violation of section 
                2442 of title 18, United States Code, is 
                inadmissible.
          (4) Public charge.--
                  (A) In general.--Any alien who, in the 
                opinion of the consular officer at the time of 
                application for a visa, or in the opinion of 
                the Attorney General at the time of application 
                for admission or adjustment of status, is 
                likely at any time to become a public charge is 
                inadmissible.
                  (B) Factors to be taken into account.--(i) In 
                determining whether an alien is inadmissible 
                under this paragraph, the consular officer or 
                the Attorney General shall at a minimum 
                consider the alien's--
                          (I) age;
                          (II) health;
                          (III) family status;
                          (IV) assets, resources, and financial 
                        status; and
                          (V) education and skills.
                  (ii) In addition to the factors under clause 
                (i), the consular officer or the Attorney 
                General may also consider any affidavit of 
                support under section 213A for purposes of 
                exclusion under this paragraph.
                  (C) Family-sponsored immigrants.--Any alien 
                who seeks admission or adjustment of status 
                under a visa number issued under section 
                201(b)(2) or 203(a) is inadmissible under this 
                paragraph unless--
                          (i) the alien has obtained--
                                  (I) status as a spouse or a 
                                child of a United States 
                                citizen pursuant to clause 
                                (ii), (iii), or (iv) of section 
                                204(a)(1)(A), or
                                  (II) classification pursuant 
                                to clause (ii) or (iii) of 
                                section 204(a)(1)(B); or
                                  (III) classification or 
                                status as a VAWA self-
                                petitioner; or
                          (ii) the person petitioning for the 
                        alien's admission (and any additional 
                        sponsor required under section 213A(f) 
                        or any alternative sponsor permitted 
                        under paragraph (5)(B) of such section) 
                        has executed an affidavit of support 
                        described in section 213A with respect 
                        to such alien.
                  (D) Certain employment-based immigrants.--Any 
                alien who seeks admission or adjustment of 
                status under a visa number issued under section 
                203(b) by virtue of a classification petition 
                filed by a relative of the alien (or by an 
                entity in which such relative has a significant 
                ownership interest) is inadmissible under this 
                paragraph unless such relative has executed an 
                affidavit of support described in section 213A 
                with respect to such alien.
                  (E) Special rule for qualified alien 
                victims.--Subparagraphs (A), (B), and (C) shall 
                not apply to an alien who--
                          (i) is a VAWA self-petitioner;
                          (ii) is an applicant for, or is 
                        granted, nonimmigrant status under 
                        section 101(a)(15)(U); or
                          (iii) is a qualified alien described 
                        in section 431(c) of the Personal 
                        Responsibility and Work Opportunity 
                        Reconciliation Act of 1996 (8 U.S.C. 
                        1641(c)).
          (5) Labor certification and qualifications for 
        certain immigrants.--
                  (A) Labor certification.--
                          (i) In general.--Any alien who seeks 
                        to enter the United States for the 
                        purpose of performing skilled or 
                        unskilled labor is inadmissible, unless 
                        the Secretary of Labor has determined 
                        and certified to the Secretary of State 
                        and the Attorney General that--
                                  (I) there are not sufficient 
                                workers who are able, willing, 
                                qualified (or equally qualified 
                                in the case of an alien 
                                described in clause (ii)) and 
                                available at the time of 
                                application for a visa and 
                                admission to the United States 
                                and at the place where the 
                                alien is to perform such 
                                skilled or unskilled labor, and
                                  (II) the employment of such 
                                alien will not adversely affect 
                                the wages and working 
                                conditions of workers in the 
                                United States similarly 
                                employed.
                          (ii) Certain aliens subject to 
                        special rule.--For purposes of clause 
                        (i)(I), an alien described in this 
                        clause is an alien who--
                                  (I) is a member of the 
                                teaching profession, or
                                  (II) has exceptional ability 
                                in the sciences or the arts.
                          (iii) Professional athletes.--
                                  (I) In general.--A 
                                certification made under clause 
                                (i) with respect to a 
                                professional athlete shall 
                                remain valid with respect to 
                                the athlete after the athlete 
                                changes employer, if the new 
                                employer is a team in the same 
                                sport as the team which 
                                employed the athlete when the 
                                athlete first applied for the 
                                certification.
                                  (II) Definition.--For 
                                purposes of subclause (I), the 
                                term ``professional athlete'' 
                                means an individual who is 
                                employed as an athlete by--
                                          (aa) a team that is a 
                                        member of an 
                                        association of 6 or 
                                        more professional 
                                        sports teams whose 
                                        total combined revenues 
                                        exceed $10,000,000 per 
                                        year, if the 
                                        association governs the 
                                        conduct of its members 
                                        and regulates the 
                                        contests and 
                                        exhibitions in which 
                                        its member teams 
                                        regularly engage; or
                                          (bb) any minor league 
                                        team that is affiliated 
                                        with such an 
                                        association.
                          (iv) Long delayed adjustment 
                        applicants.--A certification made under 
                        clause (i) with respect to an 
                        individual whose petition is covered by 
                        section 204(j) shall remain valid with 
                        respect to a new job accepted by the 
                        individual after the individual changes 
                        jobs or employers if the new job is in 
                        the same or a similar occupational 
                        classification as the job for which the 
                        certification was issued.
                  (B) Unqualified physicians.--An alien who is 
                a graduate of a medical school not accredited 
                by a body or bodies approved for the purpose by 
                the Secretary of Education (regardless of 
                whether such school of medicine is in the 
                United States) and who is coming to the United 
                States principally to perform services as a 
                member of the medical profession is 
                inadmissible, unless the alien (i) has passed 
                parts I and II of the National Board of Medical 
                Examiners Examination (or an equivalent 
                examination as determined by the Secretary of 
                Health and Human Services) and (ii) is 
                competent in oral and written English. For 
                purposes of the previous sentence, an alien who 
                is a graduate of a medical school shall be 
                considered to have passed parts I and II of the 
                National Board of Medical Examiners if the 
                alien was fully and permanently licensed to 
                practice medicine in a State on January 9, 
                1978, and was practicing medicine in a State on 
                that date.
                  (C) Uncertified foreign health-care 
                workers.--Subject to subsection (r), any alien 
                who seeks to enter the United States for the 
                purpose of performing labor as a health-care 
                worker, other than a physician, is inadmissible 
                unless the alien presents to the consular 
                officer, or, in the case of an adjustment of 
                status, the Attorney General, a certificate 
                from the Commission on Graduates of Foreign 
                Nursing Schools, or a certificate from an 
                equivalent independent credentialing 
                organization approved by the Attorney General 
                in consultation with the Secretary of Health 
                and Human Services, verifying that--
                          (i) the alien's education, training, 
                        license, and experience--
                                  (I) meet all applicable 
                                statutory and regulatory 
                                requirements for entry into the 
                                United States under the 
                                classification specified in the 
                                application;
                                  (II) are comparable with that 
                                required for an American 
                                health-care worker of the same 
                                type; and
                                  (III) are authentic and, in 
                                the case of a license, 
                                unencumbered;
                          (ii) the alien has the level of 
                        competence in oral and written English 
                        considered by the Secretary of Health 
                        and Human Services, in consultation 
                        with the Secretary of Education, to be 
                        appropriate for health care work of the 
                        kind in which the alien will be 
                        engaged, as shown by an appropriate 
                        score on one or more nationally 
                        recognized, commercially available, 
                        standardized assessments of the 
                        applicant's ability to speak and write; 
                        and
                          (iii) if a majority of States 
                        licensing the profession in which the 
                        alien intends to work recognize a test 
                        predicting the success on the 
                        profession's licensing or certification 
                        examination, the alien has passed such 
                        a test or has passed such an 
                        examination.
                For purposes of clause (ii), determination of 
                the standardized tests required and of the 
                minimum scores that are appropriate are within 
                the sole discretion of the Secretary of Health 
                and Human Services and are not subject to 
                further administrative or judicial review.
                  (D) Application of grounds.--The grounds for 
                inadmissibility of aliens under subparagraphs 
                (A) and (B) shall apply to immigrants seeking 
                admission or adjustment of status under 
                paragraph (2) or (3) of section 203(b).
          (6) Illegal entrants and immigration violators.--
                  (A) Aliens present without admission or 
                parole.--
                          (i) In general.--An alien present in 
                        the United States without being 
                        admitted or paroled, or who arrives in 
                        the United States at any time or place 
                        other than as designated by the 
                        Attorney General, is inadmissible.
                          (ii) Exception for certain battered 
                        women and children.--Clause (i) shall 
                        not apply to an alien who demonstrates 
                        that--
                                  (I) the alien is a VAWA self-
                                petitioner;
                                  (II)(a) the alien has been 
                                battered or subjected to 
                                extreme cruelty by a spouse or 
                                parent, or by a member of the 
                                spouse's or parent's family 
                                residing in the same household 
                                as the alien and the spouse or 
                                parent consented or acquiesced 
                                to such battery or cruelty, or 
                                (b) the alien's child has been 
                                battered or subjected to 
                                extreme cruelty by a spouse or 
                                parent of the alien (without 
                                the active participation of the 
                                alien in the battery or 
                                cruelty) or by a member of the 
                                spouse's or parent's family 
                                residing in the same household 
                                as the alien when the spouse or 
                                parent consented to or 
                                acquiesced in such battery or 
                                cruelty and the alien did not 
                                actively participate in such 
                                battery or cruelty, and
                                  (III) there was a substantial 
                                connection between the battery 
                                or cruelty described in 
                                subclause (I) or (II) and the 
                                alien's unlawful entry into the 
                                United States.
                  (B) Failure to attend removal proceeding.--
                Any alien who without reasonable cause fails or 
                refuses to attend or remain in attendance at a 
                proceeding to determine the alien's 
                inadmissibility or deportability and who seeks 
                admission to the United States within 5 years 
                of such alien's subsequent departure or removal 
                is inadmissible.
                  (C) Misrepresentation.--
                          (i) In general.--Any alien who, by 
                        fraud or willfully misrepresenting a 
                        material fact, seeks to procure (or has 
                        sought to procure or has procured) a 
                        visa, other documentation, or admission 
                        into the United States or other benefit 
                        provided under this Act is 
                        inadmissible.
                          (ii) Falsely claiming citizenship.--
                                  (I) In general.--Any alien 
                                who falsely represents, or has 
                                falsely represented, himself or 
                                herself to be a citizen of the 
                                United States for any purpose 
                                or benefit under this Act 
                                (including section 274A) or any 
                                other Federal or State law is 
                                inadmissible.
                                  (II) Exception.--In the case 
                                of an alien making a 
                                representation described in 
                                subclause (I), if each natural 
                                parent of the alien (or, in the 
                                case of an adopted alien, each 
                                adoptive parent of the alien) 
                                is or was a citizen (whether by 
                                birth or naturalization), the 
                                alien permanently resided in 
                                the United States prior to 
                                attaining the age of 16, and 
                                the alien reasonably believed 
                                at the time of making such 
                                representation that he or she 
                                was a citizen, the alien shall 
                                not be considered to be 
                                inadmissible under any 
                                provision of this subsection 
                                based on such representation.
                          (iii) Waiver authorized.--For 
                        provision authorizing waiver of clause 
                        (i), see subsection (i).
                  (D) Stowaways.--Any alien who is a stowaway 
                is inadmissible.
                  (E) Smugglers.--
                          (i) In general.--Any alien who at any 
                        time knowingly has encouraged, induced, 
                        assisted, abetted, or aided any other 
                        alien to enter or to try to enter the 
                        United States in violation of law is 
                        inadmissible.
                          (ii) Special rule in the case of 
                        family reunification.--Clause (i) shall 
                        not apply in the case of alien who is 
                        an eligible immigrant (as defined in 
                        section 301(b)(1) of the Immigration 
                        Act of 1990), was physically present in 
                        the United States on May 5, 1988, and 
                        is seeking admission as an immediate 
                        relative or under section 203(a)(2) 
                        (including under section 112 of the 
                        Immigration Act of 1990) or benefits 
                        under section 301(a) of the Immigration 
                        Act of 1990 if the alien, before May 5, 
                        1988, has encouraged, induced, 
                        assisted, abetted, or aided only the 
                        alien's spouse, parent, son, or 
                        daughter (and no other individual) to 
                        enter the United States in violation of 
                        law.
                          (iii) Waiver authorized.--For 
                        provision authorizing waiver of clause 
                        (i), see subsection (d)(11).
                  (F) Subject of civil penalty.--
                          (i) In general.--An alien who is the 
                        subject of a final order for violation 
                        of section 274C is inadmissible.
                          (ii) Waiver authorized.--For 
                        provision authorizing waiver of clause 
                        (i), see subsection (d)(12).
                  (G) Student visa abusers.--An alien who 
                obtains the status of a nonimmigrant under 
                section 101(a)(15)(F)(i) and who violates a 
                term or condition of such status under section 
                214(l) is inadmissible until the alien has been 
                outside the United States for a continuous 
                period of 5 years after the date of the 
                violation.
          (7) Documentation requirements.--
                  (A) Immigrants.--
                          (i) In general.--Except as otherwise 
                        specifically provided in this Act, any 
                        immigrant at the time of application 
                        for admission--
                                  (I) who is not in possession 
                                of a valid unexpired immigrant 
                                visa, reentry permit, border 
                                crossing identification card, 
                                or other valid entry document 
                                required by this Act, and a 
                                valid unexpired passport, or 
                                other suitable travel document, 
                                or document of identity and 
                                nationality if such document is 
                                required under the regulations 
                                issued by the Attorney General 
                                under section 211(a), or
                                  (II) whose visa has been 
                                issued without compliance with 
                                the provisions of section 203,
                        is inadmissible.
                          (ii) Waiver authorized.--For 
                        provision authorizing waiver of clause 
                        (i), see subsection (k).
                  (B) Nonimmigrants.--
                          (i) In general.--Any nonimmigrant 
                        who--
                                  (I) is not in possession of a 
                                passport valid for a minimum of 
                                six months from the date of the 
                                expiration of the initial 
                                period of the alien's admission 
                                or contemplated initial period 
                                of stay authorizing the alien 
                                to return to the country from 
                                which the alien came or to 
                                proceed to and enter some other 
                                country during such period, or
                                  (II) is not in possession of 
                                a valid nonimmigrant visa or 
                                border crossing identification 
                                card at the time of application 
                                for admission,
                        is inadmissible.
                          (ii) General waiver authorized.--For 
                        provision authorizing waiver of clause 
                        (i), see subsection (d)(4).
                          (iii) Guam and northern mariana 
                        islands visa waiver.--For provision 
                        authorizing waiver of clause (i) in the 
                        case of visitors to Guam or the 
                        Commonwealth of the Northern Mariana 
                        Islands, see subsection (l).
                          (iv) Visa waiver program.--For 
                        authority to waive the requirement of 
                        clause (i) under a program, see section 
                        217.
          (8) Ineligible for citizenship.--
                  (A) In general.--Any immigrant who is 
                permanently ineligible to citizenship is 
                inadmissible.
                  (B) Draft evaders.--Any person who has 
                departed from or who has remained outside the 
                United States to avoid or evade training or 
                service in the armed forces in time of war or a 
                period declared by the President to be a 
                national emergency is inadmissible, except that 
                this subparagraph shall not apply to an alien 
                who at the time of such departure was a 
                nonimmigrant and who is seeking to reenter the 
                United States as a nonimmigrant.
          (9) Aliens previously removed.--
                  (A) Certain aliens previously removed.--
                          (i) Arriving aliens.--Any alien who 
                        has been ordered removed under section 
                        235(b)(1) or at the end of proceedings 
                        under section 240 initiated upon the 
                        alien's arrival in the United States 
                        and who again seeks admission within 5 
                        years of the date of such removal (or 
                        within 20 years in the case of a second 
                        or subsequent removal or at any time in 
                        the case of an alien convicted of an 
                        aggravated felony) is inadmissible.
                          (ii) Other aliens.--Any alien not 
                        described in clause (i) who--
                                  (I) has been ordered removed 
                                under section 240 or any other 
                                provision of law, or
                                  (II) departed the United 
                                States while an order of 
                                removal was outstanding,
                        and who seeks admission within 10 years 
                        of the date of such alien's departure 
                        or removal (or within 20 years of such 
                        date in the case of a second or 
                        subsequent removal or at any time in 
                        the case of an alien convicted of an 
                        aggravated felony) is inadmissible.
                          (iii) Exception.--Clauses (i) and 
                        (ii) shall not apply to an alien 
                        seeking admission within a period if, 
                        prior to the date of the alien's 
                        reembarkation at a place outside the 
                        United States or attempt to be admitted 
                        from foreign contiguous territory, the 
                        Attorney General has consented to the 
                        alien's reapplying for admission.
                  (B) Aliens unlawfully present.--
                          (i) In general.--Any alien (other 
                        than an alien lawfully admitted for 
                        permanent residence) who--
                                  (I) was unlawfully present in 
                                the United States for a period 
                                of more than 180 days but less 
                                than 1 year, voluntarily 
                                departed the United States 
                                (whether or not pursuant to 
                                section 244(e)) prior to the 
                                commencement of proceedings 
                                under section 235(b)(1) or 
                                section 240, and again seeks 
                                admission within 3 years of the 
                                date of such alien's departure 
                                or removal, or
                                  (II) has been unlawfully 
                                present in the United States 
                                for one year or more, and who 
                                again seeks admission within 10 
                                years of the date of such 
                                alien's departure or removal 
                                from the United States,
                        is inadmissible.
                          (ii) Construction of unlawful 
                        presence.--For purposes of this 
                        paragraph, an alien is deemed to be 
                        unlawfully present in the United States 
                        if the alien is present in the United 
                        States after the expiration of the 
                        period of stay authorized by the 
                        Attorney General or is present in the 
                        United States without being admitted or 
                        paroled.
                          (iii) Exceptions.--
                                  (I) Minors.--No period of 
                                time in which an alien is under 
                                18 years of age shall be taken 
                                into account in determining the 
                                period of unlawful presence in 
                                the United States under clause 
                                (i).
                                  (II) Asylees.--No period of 
                                time in which an alien has a 
                                bona fide application for 
                                asylum pending under section 
                                208 shall be taken into account 
                                in determining the period of 
                                unlawful presence in the United 
                                States under clause (i) unless 
                                the alien during such period 
                                was employed without 
                                authorization in the United 
                                States.
                                  (III) Family unity.--No 
                                period of time in which the 
                                alien is a beneficiary of 
                                family unity protection 
                                pursuant to section 301 of the 
                                Immigration Act of 1990 shall 
                                be taken into account in 
                                determining the period of 
                                unlawful presence in the United 
                                States under clause (i).
                                  (IV) Battered women and 
                                children.--Clause (i) shall not 
                                apply to an alien who would be 
                                described in paragraph 
                                (6)(A)(ii) if ``violation of 
                                the terms of the alien's 
                                nonimmigrant visa'' were 
                                substituted for ``unlawful 
                                entry into the United States'' 
                                in subclause (III) of that 
                                paragraph.
                  (V) Victims of a severe form of trafficking 
                in persons.--Clause (i) shall not apply to an 
                alien who demonstrates that the severe form of 
                trafficking (as that term is defined in section 
                103 of the Trafficking Victims Protection Act 
                of 2000 (22 U.S.C. 7102)) was at least one 
                central reason for the alien's unlawful 
                presence in the United States.
                          (iv) Tolling for good cause.--In the 
                        case of an alien who--
                                  (I) has been lawfully 
                                admitted or paroled into the 
                                United States,
                                  (II) has filed a nonfrivolous 
                                application for a change or 
                                extension of status before the 
                                date of expiration of the 
                                period of stay authorized by 
                                the Attorney General, and
                                  (III) has not been employed 
                                without authorization in the 
                                United States before or during 
                                the pendency of such 
                                application,
                        the calculation of the period of time 
                        specified in clause (i)(I) shall be 
                        tolled during the pendency of such 
                        application, but not to exceed 120 
                        days.
                          (v) Waiver.--The Attorney General has 
                        sole discretion to waive clause (i) in 
                        the case of an immigrant who is the 
                        spouse or son or daughter of a United 
                        States citizen or of an alien lawfully 
                        admitted for permanent residence, if it 
                        is established to the satisfaction of 
                        the Attorney General that the refusal 
                        of admission to such immigrant alien 
                        would result in extreme hardship to the 
                        citizen or lawfully resident spouse or 
                        parent of such alien. No court shall 
                        have jurisdiction to review a decision 
                        or action by the Attorney General 
                        regarding a waiver under this clause.
                  (C) Aliens unlawfully present after previous 
                immigration violations.--
                          (i) In general.--Any alien who--
                                  (I) has been unlawfully 
                                present in the United States 
                                for an aggregate period of more 
                                than 1 year, or
                                  (II) has been ordered removed 
                                under section 235(b)(1), 
                                section 240, or any other 
                                provision of law,
                        and who enters or attempts to reenter 
                        the United States without being 
                        admitted is inadmissible.
                          (ii) Exception.--Clause (i) shall not 
                        apply to an alien seeking admission 
                        more than 10 years after the date of 
                        the alien's last departure from the 
                        United States if, prior to the alien's 
                        reembarkation at a place outside the 
                        United States or attempt to be 
                        readmitted from a foreign contiguous 
                        territory, the Secretary of Homeland 
                        Security has consented to the alien's 
                        reapplying for admission.
                          (iii) Waiver.--The Secretary of 
                        Homeland Security may waive the 
                        application of clause (i) in the case 
                        of an alien who is a VAWA self-
                        petitioner if there is a connection 
                        between--
                                  (I) the alien's battering or 
                                subjection to extreme cruelty; 
                                and
                                  (II) the alien's removal, 
                                departure from the United 
                                States, reentry or reentries 
                                into the United States; or 
                                attempted reentry into the 
                                United States.
          (10) Miscellaneous.--
                  (A) Practicing polygamists.--Any immigrant 
                who is coming to the United States to practice 
                polygamy is inadmissible.
                  (B) Guardian required to accompany helpless 
                alien.--Any alien--
                          (i) who is accompanying another alien 
                        who is inadmissible and who is 
                        certified to be helpless from sickness, 
                        mental or physical disability, or 
                        infancy pursuant to section 232(c), and
                          (ii) whose protection or guardianship 
                        is determined to be required by the 
                        alien described in clause (i),
                is inadmissible.
                  (C) International child abduction.--
                          (i) In general.--Except as provided 
                        in clause (ii), any alien who, after 
                        entry of an order by a court in the 
                        United States granting custody to a 
                        person of a United States citizen child 
                        who detains or retains the child, or 
                        withholds custody of the child, outside 
                        the United States from the person 
                        granted custody by that order, is 
                        inadmissible until the child is 
                        surrendered to the person granted 
                        custody by that order.
                          (ii) Aliens supporting abductors and 
                        relatives of abductors.--Any alien 
                        who--
                                  (I) is known by the Secretary 
                                of State to have intentionally 
                                assisted an alien in the 
                                conduct described in clause 
                                (i),
                                  (II) is known by the 
                                Secretary of State to be 
                                intentionally providing 
                                material support or safe haven 
                                to an alien described in clause 
                                (i), or
                                  (III) is a spouse (other than 
                                the spouse who is the parent of 
                                the abducted child), child 
                                (other than the abducted 
                                child), parent, sibling, or 
                                agent of an alien described in 
                                clause (i), if such person has 
                                been designated by the 
                                Secretary of State at the 
                                Secretary's sole and 
                                unreviewable discretion, is 
                                inadmissible until the child 
                                described in clause (i) is 
                                surrendered to the person 
                                granted custody by the order 
                                described in that clause, and 
                                such person and child are 
                                permitted to return to the 
                                United States or such person's 
                                place of residence.
                          (iii) Exceptions.--Clauses (i) and 
                        (ii) shall not apply--
                                  (I) to a government official 
                                of the United States who is 
                                acting within the scope of his 
                                or her official duties;
                                  (II) to a government official 
                                of any foreign government if 
                                the official has been 
                                designated by the Secretary of 
                                State at the Secretary's sole 
                                and unreviewable discretion; or
                                  (III) so long as the child is 
                                located in a foreign state that 
                                is a party to the Convention on 
                                the Civil Aspects of 
                                International Child Abduction, 
                                done at The Hague on October 
                                25, 1980.
                  (D) Unlawful voters.--
                          (i) In general.--Any alien who has 
                        voted in violation of any Federal, 
                        State, or local constitutional 
                        provision, statute, ordinance, or 
                        regulation is inadmissible.
                          (ii) Exception.--In the case of an 
                        alien who voted in a Federal, State, or 
                        local election (including an 
                        initiative, recall, or referendum) in 
                        violation of a lawful restriction of 
                        voting to citizens, if each natural 
                        parent of the alien (or, in the case of 
                        an adopted alien, each adoptive parent 
                        of the alien) is or was a citizen 
                        (whether by birth or naturalization), 
                        the alien permanently resided in the 
                        United States prior to attaining the 
                        age of 16, and the alien reasonably 
                        believed at the time of such violation 
                        that he or she was a citizen, the alien 
                        shall not be considered to be 
                        inadmissible under any provision of 
                        this subsection based on such 
                        violation.
                  (E) Former citizens who renounced citizenship 
                to avoid taxation.--Any alien who is a former 
                citizen of the United States who officially 
                renounces United States citizenship and who is 
                determined by the Attorney General to have 
                renounced United States citizenship for the 
                purpose of avoiding taxation by the United 
                States is inadmissible.
  (b) Notices of Denials.--
          (1) Subject to paragraphs (2) and (3), if an alien's 
        application for a visa, for admission to the United 
        States, or for adjustment of status is denied by an 
        immigration or consular officer because the officer 
        determines the alien to be inadmissible under 
        subsection (a), the officer shall provide the alien 
        with a timely written notice that--
                  (A) states the determination, and
                  (B) lists the specific provision or 
                provisions of law under which the alien is 
                excludable or ineligible for entry or 
                adjustment of status.
          (2) The Secretary of State may waive the requirements 
        of paragraph (1) with respect to a particular alien or 
        any class or classes of inadmissible aliens.
          (3) Paragraph (1) does not apply to any alien 
        inadmissible under paragraph (2) or (3) of subsection 
        (a).
  (d)(1) The Attorney General shall determine whether a ground 
for inadmissible exists with respect to a nonimmigrant 
described in section 101(a)(15)(S). The Attorney General, in 
the Attorney General's discretion, may waive the application of 
subsection (a) (other than paragraph (3)(E)) in the case of a 
nonimmigrant described in section 101(a)(15)(S), if the 
Attorney General considers it to be in the national interest to 
do so. Nothing in this section shall be regarded as prohibiting 
the Immigration and Naturalization Service from instituting 
removal proceedings against an alien admitted as a nonimmigrant 
under section 101(a)(15)(S) for conduct committed after the 
alien's admission into the United States, or for conduct or a 
condition that was not disclosed to the Attorney General prior 
to the alien's admission as a nonimmigrant under section 
101(a)(15)(S).
  (3)(A) Except as provided in this subsection, an alien (i) 
who is applying for a nonimmigrant visa and is known or 
believed by the consular officer to be ineligible for such visa 
under subsection (a) (other than paragraphs (3)(A)(i)(I), 
(3)(A)(ii), (3)(A)(iii), (3)(C), and clauses (i) and (ii) of 
paragraph (3)(E) of such subsection), may, after approval by 
the Attorney General of a recommendation by the Secretary of 
State or by the consular officer that the alien be admitted 
temporarily despite his inadmissibility, be granted such a visa 
and may be admitted into the United States temporarily as a 
nonimmigrant in the discretion of the Attorney General, or (ii) 
who is inadmissible under subsection (a) (other than paragraphs 
(3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and clauses (i) 
and (ii) of paragraph (3)(E) of such subsection), but who is in 
possession of appropriate documents or is granted a waiver 
thereof and is seeking admission, may be admitted into the 
United States temporarily as a nonimmigrant in the discretion 
of the Attorney General. The Attorney General shall prescribe 
conditions, including exaction of such bonds as may be 
necessary, to control and regulate the admission and return of 
inadmissible aliens applying for temporary admission under this 
paragraph.
  (B)(i) The Secretary of State, after consultation with the 
Attorney General and the Secretary of Homeland Security, or the 
Secretary of Homeland Security, after consultation with the 
Secretary of State and the Attorney General, may determine in 
such Secretary's sole unreviewable discretion that subsection 
(a)(3)(B) shall not apply with respect to an alien within the 
scope of that subsection or that subsection (a)(3)(B)(vi)(III) 
shall not apply to a group within the scope of that subsection, 
except that no such waiver may be extended to an alien who is 
within the scope of subsection (a)(3)(B)(i)(II), no such waiver 
may be extended to an alien who is a member or representative 
of, has voluntarily and knowingly engaged in or endorsed or 
espoused or persuaded others to endorse or espouse or support 
terrorist activity on behalf of, or has voluntarily and 
knowingly received military-type training from a terrorist 
organization that is described in subclause (I) or (II) of 
subsection (a)(3)(B)(vi), and no such waiver may be extended to 
a group that has engaged terrorist activity against the United 
States or another democratic country or that has purposefully 
engaged in a pattern or practice of terrorist activity that is 
directed at civilians. Such a determination shall neither 
prejudice the ability of the United States Government to 
commence criminal or civil proceedings involving a beneficiary 
of such a determination or any other person, nor create any 
substantive or procedural right or benefit for a beneficiary of 
such a determination or any other person. Notwithstanding any 
other provision of law (statutory or nonstatutory), including 
section 2241 of title 28, or any other habeas corpus provision, 
and sections 1361 and 1651 of such title, no court shall have 
jurisdiction to review such a determination or revocation 
except in a proceeding for review of a final order of removal 
pursuant to section 1252 of this title, and review shall be 
limited to the extent provided in section 1252(a)(2)(D). The 
Secretary of State may not exercise the discretion provided in 
this clause with respect to an alien at any time during which 
the alien is the subject of pending removal proceedings under 
section 1229a of this title.
  (ii) Not later than 90 days after the end of each fiscal 
year, the Secretary of State and the Secretary of Homeland 
Security shall each provide to the Committees on the Judiciary 
of the House of Representatives and of the Senate, the 
Committee on International Relations of the House of 
Representatives, the Committee on Foreign Relations of the 
Senate, and the Committee on Homeland Security of the House of 
Representatives a report on the aliens to whom such Secretary 
has applied clause (i). Within one week of applying clause (i) 
to a group, the Secretary of State or the Secretary of Homeland 
Security shall provide a report to such Committees.
  (4) Either or both of the requirements of paragraph (7)(B)(i) 
of subsection (a) may be waived by the Attorney General and the 
Secretary of State acting jointly (A) on the basis of 
unforeseen emergency in individual cases, or (B) on the basis 
of reciprocity with respect to nationals of foreign contiguous 
territory or of adjacent islands and residents thereof having a 
common nationality with such nationals, or (C) in the case of 
aliens proceeding in immediate and continuous transit through 
the United States under contracts authorized in section 238(c).
  (5)(A) The Attorney General may, except as provided in 
subparagraph (B) or in section 214(f), in his discretion parole 
into the United States temporarily under such conditions as he 
may prescribe only on a case-by-case basis for urgent 
humanitarian reasons or significant public benefit any alien 
applying for admission to the United States, but such parole of 
such alien shall not be regarded as an admission of the alien 
and when the purposes of such parole shall, in the opinion of 
the Attorney General, have been served the alien shall 
forthwith return or be returned to the custody from which he 
was paroled and thereafter his case shall continue to be dealt 
with in the same manner as that of any other applicant for 
admission to the United States.
  (B) The Attorney General may not parole into the United 
States an alien who is a refugee unless the Attorney General 
determines that compelling reasons in the public interest with 
respect to that particular alien require that the alien be 
paroled into the United States rather than be admitted as a 
refugee under section 207.
  (7) The provisions of subsection (a) (other than paragraph 
(7)) shall be applicable to any alien who shall leave Guam, the 
Commonwealth of the Northern Mariana Islands, Puerto Rico, or 
the Virgin Islands of the United States, and who seeks to enter 
the continental United States or any other place under the 
jurisdiction of the United States. Any alien described in this 
paragraph, who is denied admission to the United States, shall 
be immediately removed in the manner provided by section 241(c) 
of this Act.
  (8) Upon a basis of reciprocity accredited officials of 
foreign governments, their immediate families, attendants, 
servants, and personal employees may be admitted in immediate 
and continuous transit through the United States without regard 
to the provisions of this section except paragraphs (3)(A), 
(3)(B), (3)(C), and (7)(B) of subsection (a) of this section.
  (11) The Attorney General may, in his discretion for 
humanitarian purposes, to assure family unity, or when it is 
otherwise in the public interest, waive application of clause 
(i) of subsection (a)(6)(E) in the case of any alien lawfully 
admitted for permanent residence who temporarily proceeded 
abroad voluntarily and not under an order of removal, and who 
is otherwise admissible to the United States as a returning 
resident under section 211(b) and in the case of an alien 
seeking admission or adjustment of status as an immediate 
relative or immigrant under section 203(a) (other than 
paragraph (4) thereof), if the alien has encouraged, induced, 
assisted, abetted, or aided only an individual who at the time 
of such action was the alien's spouse, parent, son, or daughter 
(and no other individual) to enter the United States in 
violation of law.
  (12) The Attorney General may, in the discretion of the 
Attorney General for humanitarian purposes or to assure family 
unity, waive application of clause (i) of subsection 
(a)(6)(F)--
          (A) in the case of an alien lawfully admitted for 
        permanent residence who temporarily proceeded abroad 
        voluntarily and not under an order of deportation or 
        removal and who is otherwise admissible to the United 
        States as a returning resident under section 211(b), 
        and
          (B) in the case of an alien seeking admission or 
        adjustment of status under section 201(b)(2)(A) or 
        under section 203(a),
if no previous civil money penalty was imposed against the 
alien under section 274C and the offense was committed solely 
to assist, aid, or support the alien's spouse or child (and not 
another individual). No court shall have jurisdiction to review 
a decision of the Attorney General to grant or deny a waiver 
under this paragraph.
  (13)(A) The Secretary of Homeland Security shall determine 
whether a ground for inadmissibility exists with respect to a 
nonimmigrant described in section 101(a)(15)(T), except that 
the ground for inadmissibility described in subsection (a)(4) 
shall not apply with respect to such a nonimmigrant.
  (B) In addition to any other waiver that may be available 
under this section, in the case of a nonimmigrant described in 
section 101(a)(15)(T), if the Secretary of Homeland Security 
considers it to be in the national interest to do so, the 
Secretary of Homeland Security, in the Attorney General's 
discretion, may waive the application of--
          (i) subsection (a)(1); and
          (ii) any other provision of subsection (a) (excluding 
        paragraphs (3), (4), (10)(C), and (10(E)) if the 
        activities rendering the alien inadmissible under the 
        provision were caused by, or were incident to, the 
        victimization described in section 101(a)(15)(T)(i)(I).
  (14) The Secretary of Homeland Security shall determine 
whether a ground of inadmissibility exists with respect to a 
nonimmigrant described in section 101(a)(15)(U). The Secretary 
of Homeland Security, in the Attorney General's discretion, may 
waive the application of subsection (a) (other than paragraph 
(3)(E)) in the case of a nonimmigrant described in section 
101(a)(15)(U), if the Secretary of Homeland Security considers 
it to be in the public or national interest to do so.
  (e) No person admitted under section 101(a)(15)(J) or 
acquiring such status after admission (i) whose participation 
in the program for which he came to the United States was 
financed in whole or in part, directly or indirectly, by an 
agency of the Government of the United States or by the 
government of the country of his nationality or his last 
residence, (ii) who at the time of admission or acquisition of 
status under section 101(a)(15)(J) was a national or resident 
of a country which the Director of the United States 
Information Agency pursuant to regulations prescribed by him, 
had designated as clearly requiring the services of persons 
engaged in the field of specialized knowledge or skill in which 
the alien was engaged, or (iii) who came to the United States 
or acquired such status in order to receive graduate medical 
education or training, shall be eligible to apply for an 
immigrant visa, or for permanent residence, or for a 
nonimmigrant visa under section 101(a)(15)(H) or section 
101(a)(15)(L) until it is established that such person has 
resided and been physically present in the country of his 
nationality or his last residence for an aggregate of a least 
two years following departure from the United States: Provided, 
That upon the favorable recommendation of the Director, 
pursuant to the request of an interested United States 
Government agency (or, in the case of an alien described in 
clause (iii), pursuant to the request of a State Department of 
Public Health, or its equivalent), or of the Commissioner of 
Immigration and Naturalization after he has determined that 
departure from the United States would impose exceptional 
hardship upon the alien's spouse or child (if such spouse or 
child is a citizen of the United States or a lawfully resident 
alien), or that the alien cannot return to the country of his 
nationality or last residence because he would be subject to 
persecution on account of race, religion, or political opinion, 
the Attorney General may waive the requirement of such two-year 
foreign residence abroad in the case of any alien whose 
admission to the United States is found by the Attorney General 
to be in the public interest except that in the case of a 
waiver requested by a State Department of Public Health, or its 
equivalent, or in the case of a waiver requested by an 
interested United States Government agency on behalf of an 
alien described in clause (iii), the waiver shall be subject to 
the requirements of section 214(l): And provided further, That, 
except in the case of an alien described in clause (iii), the 
Attorney General may, upon the favorable recommendation of the 
Director, waive such two-year foreign residence requirement in 
any case in which the foreign country of the alien's 
nationality or last residence has furnished the Director a 
statement in writing that it has no objection to such waiver in 
the case of such alien.
  (f) Whenever the President finds that the entry of any aliens 
or of any class of aliens into the United States would be 
detrimental to the interests of the United States, he may by 
proclamation, and for such period as he shall deem necessary, 
suspend the entry of all aliens or any class of aliens as 
immigrants or nonimmigrants, or impose on the entry of aliens 
any restrictions he may deem to be appropriate. Whenever the 
Attorney General finds that a commercial airline has failed to 
comply with regulations of the Attorney General relating to 
requirements of airlines for the detection of fraudulent 
documents used by passengers traveling to the United States 
(including the training of personnel in such detection), the 
Attorney General may suspend the entry of some or all aliens 
transported to the United States by such airline.
  (g) The Attorney General may waive the application of--
          (1) subsection (a)(1)(A)(i) in the case of any alien 
        who--
                  (A) is the spouse or the unmarried son or 
                daughter, or the minor unmarried lawfully 
                adopted child, of a United States citizen, or 
                of an alien lawfully admitted for permanent 
                residence, or of an alien who has been issued 
                an immigrant visa,
                  (B) has a son or daughter who is a United 
                States citizen, or an alien lawfully admitted 
                for permanent residence, or an alien who has 
                been issued an immigrant visa; or
                  (C) is a VAWA self-petitioner,
        in accordance with such terms, conditions, and 
        controls, if any, including the giving of bond, as the 
        Attorney General, in the discretion of the Attorney 
        General after consultation with the Secretary of Health 
        and Human Services, may by regulation prescribe;
          (2) subsection (a)(1)(A)(ii) in the case of any 
        alien--
                  (A) who receives vaccination against the 
                vaccine-preventable disease or diseases for 
                which the alien has failed to present 
                documentation of previous vaccination,
                  (B) for whom a civil surgeon, medical 
                officer, or panel physician (as those terms are 
                defined by section 34.2 of title 42 of the Code 
                of Federal Regulations) certifies, according to 
                such regulations as the Secretary of Health and 
                Human Services may prescribe, that such 
                vaccination would not be medically appropriate, 
                or
                  (C) under such circumstances as the Attorney 
                General provides by regulation, with respect to 
                whom the requirement of such a vaccination 
                would be contrary to the alien's religious 
                beliefs or moral convictions; or
          (3) subsection (a)(1)(A)(iii) in the case of any 
        alien, in accordance with such terms, conditions, and 
        controls, if any, including the giving of bond, as the 
        Attorney General, in the discretion of the Attorney 
        General after consultation with the Secretary of Health 
        and Human Services, may by regulation prescribe.
  (h) The Attorney General may, in his discretion, waive the 
application of subparagraphs (A)(i)(I), (B), (D), and (E) of 
subsection (a)(2) and subparagraph (A)(i)(II) of such 
subsection insofar as it relates to a single offense of simple 
possession of 30 grams or less of marijuana if--
          (1)(A) in the case of any immigrant it is established 
        to the satisfaction of the Attorney General that--
                  (i) the alien is inadmissible only under 
                subparagraph (D)(i) or (D)(ii) of such 
                subsection or the activities for which the 
                alien is inadmissible occurred more than 15 
                years before the date of the alien's 
                application for a visa, admission, or 
                adjustment of status,
                  (ii) the admission to the United States of 
                such alien would not be contrary to the 
                national welfare, safety, or security of the 
                United States, and
                  (iii) the alien has been rehabilitated; or
          (B) in the case of an immigrant who is the spouse, 
        parent, son, or daughter of a citizen of the United 
        States or an alien lawfully admitted for permanent 
        residence if it is established to the satisfaction of 
        the Attorney General that the alien's denial of 
        admission would result in extreme hardship to the 
        United States citizen or lawfully resident spouse, 
        parent, son, or daughter of such alien; or
                  (C) the alien is a VAWA self-petitioner; and
          (2) the Attorney General, in his discretion, and 
        pursuant to such terms, conditions and procedures as he 
        may by regulations prescribe, has consented to the 
        alien's applying or reapplying for a visa, for 
        admission to the United States, or adjustment of 
        status.
No waiver shall be provided under this subsection in the case 
of an alien who has been convicted of (or who has admitted 
committing acts that constitute) murder or criminal acts 
involving torture, or an attempt or conspiracy to commit murder 
or a criminal act involving torture. No waiver shall be granted 
under this subsection in the case of an alien who has 
previously been admitted to the United States as an alien 
lawfully admitted for permanent residence if either since the 
date of such admission the alien has been convicted of an 
aggravated felony or the alien has not lawfully resided 
continuously in the United States for a period of not less than 
7 years immediately preceding the date of initiation of 
proceedings to remove the alien from the United States. No 
court shall have jurisdiction to review a decision of the 
Attorney General to grant or deny a waiver under this 
subsection.
  (i)(1) The Attorney General may, in the discretion of the 
Attorney General, waive the application of clause (i) of 
subsection (a)(6)(C) in the case of an immigrant who is the 
spouse, son, or daughter of a United States citizen or of an 
alien lawfully admitted for permanent residence if it is 
established to the satisfaction of the Attorney General that 
the refusal of admission to the United States of such immigrant 
alien would result in extreme hardship to the citizen or 
lawfully resident spouse or parent of such an alien or, in the 
case of a VAWA self-petitioner, the alien demonstrates extreme 
hardship to the alien or the alien's United States citizen, 
lawful permanent resident, or qualified alien parent or child.
  (2) No court shall have jurisdiction to review a decision or 
action of the Attorney General regarding a waiver under 
paragraph (1).
  (j)(1) The additional requirements referred to in section 
101(a)(15)(J) for an alien who is coming to the United States 
under a program under which he will receive graduate medical 
education or training are as follows:
          (A) A school of medicine or of one of the other 
        health professions, which is accredited by a body or 
        bodies approved for the purpose by the Secretary of 
        Education, has agreed in writing to provide the 
        graduate medical education or training under the 
        program for which the alien is coming to the United 
        States or to assume responsibility for arranging for 
        the provision thereof by an appropriate public or 
        nonprofit private institution or agency, except that, 
        in the case of such an agreement by a school of 
        medicine, any one or more of its affiliated hospitals 
        which are to participate in the provision of the 
        graduate medical education or training must join in the 
        agreement.
          (B) Before making such agreement, the accredited 
        school has been satisfied that the alien (i) is a 
        graduate of a school of medicine which is accredited by 
        a body or bodies approved for the purpose by the 
        Secretary of Education (regardless of whether such 
        school of medicine is in the United States); or (ii)(I) 
        has passed parts I and II of the National Board of 
        Medical Examiners Examination (or an equivalent 
        examination as determined by the Secretary of Health 
        and Human Services), (II) has competency in oral and 
        written English, (III) will be able to adapt to the 
        educational and cultural environment in which he will 
        be receiving his education or training, and (IV) has 
        adequate prior education and training to participate 
        satisfactorily in the program for which he is coming to 
        the United States. For the purposes of this 
        subparagraph, an alien who is a graduate of a medical 
        school shall be considered to have passed parts I and 
        II of the National Board of Medical Examiners 
        examination if the alien was fully and permanently 
        licensed to practice medicine in a State on January 9, 
        1978, and was practicing medicine in a State on that 
        date.
          (C) The alien has made a commitment to return to the 
        country of his nationality or last residence upon 
        completion of the education or training for which he is 
        coming to the United States, and the government of the 
        country of his nationality or last residence has 
        provided a written assurance, satisfactory to the 
        Secretary of Health and Human Services, that there is a 
        need in that country for persons with the skills the 
        alien will acquire in such education or training.
          (D) The duration of the alien's participation in the 
        program of graduate medical education or training for 
        which the alien is coming to the United States is 
        limited to the time typically required to complete such 
        program, as determined by the Director of the United 
        States Information Agency at the time of the alien's 
        admission into the United States, based on criteria 
        which are established in coordination with the 
        Secretary of Health and Human Services and which take 
        into consideration the published requirements of the 
        medical specialty board which administers such 
        education or training program; except that--
                  (i) such duration is further limited to seven 
                years unless the alien has demonstrated to the 
                satisfaction of the Director that the country 
                to which the alien will return at the end of 
                such specialty education or training has an 
                exceptional need for an individual trained in 
                such specialty, and
                  (ii) the alien may, once and not later than 
                two years after the date the alien is admitted 
                to the United States as an exchange visitor or 
                acquires exchange visitor status, change the 
                alien's designated program of graduate medical 
                education or training if the Director approves 
                the change and if a commitment and written 
                assurance with respect to the alien's new 
                program have been provided in accordance with 
                subparagraph (C).
          (E) The alien furnishes the Attorney General each 
        year with an affidavit (in such form as the Attorney 
        General shall prescribe) that attests that the alien 
        (i) is in good standing in the program of graduate 
        medical education or training in which the alien is 
        participating, and (ii) will return to the country of 
        his nationality or last residence upon completion of 
        the education or training for which he came to the 
        United States.
  (2) An alien who is a graduate of a medical school and who is 
coming to the United States to perform services as a member of 
the medical profession may not be admitted as a nonimmigrant 
under section 101(a)(15)(H)(i)(b) unless--
          (A) the alien is coming pursuant to an invitation 
        from a public or nonprofit private educational or 
        research institution or agency in the United States to 
        teach or conduct research, or both, at or for such 
        institution or agency, or
          (B)(i) the alien has passed the Federation licensing 
        examination (administered by the Federation of State 
        Medical Boards of the United States) or an equivalent 
        examination as determined by the Secretary of Health 
        and Human Services, and
          (ii)(I) has competency in oral and written English or 
        (II) is a graduate of a school of medicine which is 
        accredited by a body or bodies approved for the purpose 
        by the Secretary of Education (regardless of whether 
        such school of medicine is in the United States).
  (3) The Director of the United States Information Agency 
annually shall transmit to the Congress a report on aliens who 
have submitted affidavits described in paragraph (1)(E), and 
shall include in such report the name and address of each such 
alien, the medical education or training program in which such 
alien is participating, and the status of such alien in that 
program.
  (k) Any alien, inadmissible from the United States under 
paragraph (5)(A) or (7)(A)(i) of subsection (a), who is in 
possession of an immigrant visa may, if otherwise admissible, 
be admitted in the discretion of the Attorney General if the 
Attorney General is satisfied that inadmissibility was not 
known to, and could not have been ascertained by the exercise 
of reasonable diligence by, the immigrant before the time of 
departure of the vessel or aircraft from the last port outside 
the United States and outside foreign contiguous territory or, 
in the case of an immigrant coming from foreign contiguous 
territory, before the time of the immigrant's application for 
admission.
  (l) Guam and Northern Mariana Islands Visa Waiver Program.--
          (1) In general.--The requirement of subsection 
        (a)(7)(B)(i) may be waived by the Secretary of Homeland 
        Security, in the case of an alien applying for 
        admission as a nonimmigrant visitor for business or 
        pleasure and solely for entry into and stay in Guam or 
        the Commonwealth of the Northern Mariana Islands for a 
        period not to exceed 45 days, if the Secretary of 
        Homeland Security, after consultation with the 
        Secretary of the Interior, the Secretary of State, the 
        Governor of Guam and the Governor of the Commonwealth 
        of the Northern Mariana Islands, determines that--
                  (A) an adequate arrival and departure control 
                system has been developed in Guam and the 
                Commonwealth of the Northern Mariana Islands; 
                and
                  (B) such a waiver does not represent a threat 
                to the welfare, safety, or security of the 
                United States or its territories and 
                commonwealths.
          (2) Alien waiver of rights.--An alien may not be 
        provided a waiver under this subsection unless the 
        alien has waived any right--
                  (A) to review or appeal under this Act an 
                immigration officer's determination as to the 
                admissibility of the alien at the port of entry 
                into Guam or the Commonwealth of the Northern 
                Mariana Islands; or
                  (B) to contest, other than on the basis of an 
                application for withholding of removal under 
                section 241(b)(3) of this Act or under the 
                Convention Against Torture, or an application 
                for asylum if permitted under section 208, any 
                action for removal of the alien.
          (3) Regulations.--All necessary regulations to 
        implement this subsection shall be promulgated by the 
        Secretary of Homeland Security, in consultation with 
        the Secretary of the Interior and the Secretary of 
        State, on or before the 180th day after the date of 
        enactment of the Consolidated Natural Resources Act of 
        2008. The promulgation of such regulations shall be 
        considered a foreign affairs function for purposes of 
        section 553(a) of title 5, United States Code. At a 
        minimum, such regulations should include, but not 
        necessarily be limited to--
                  (A) a listing of all countries whose 
                nationals may obtain the waiver also provided 
                by this subsection, except that such 
                regulations shall provide for a listing of any 
                country from which the Commonwealth has 
                received a significant economic benefit from 
                the number of visitors for pleasure within the 
                one-year period preceding the date of enactment 
                of the Consolidated Natural Resources Act of 
                2008, unless the Secretary of Homeland Security 
                determines that such country's inclusion on 
                such list would represent a threat to the 
                welfare, safety, or security of the United 
                States or its territories; and
                  (B) any bonding requirements for nationals of 
                some or all of those countries who may present 
                an increased risk of overstays or other 
                potential problems, if different from such 
                requirements otherwise provided by law for 
                nonimmigrant visitors.
          (4) Factors.--In determining whether to grant or 
        continue providing the waiver under this subsection to 
        nationals of any country, the Secretary of Homeland 
        Security, in consultation with the Secretary of the 
        Interior and the Secretary of State, shall consider all 
        factors that the Secretary deems relevant, including 
        electronic travel authorizations, procedures for 
        reporting lost and stolen passports, repatriation of 
        aliens, rates of refusal for nonimmigrant visitor 
        visas, overstays, exit systems, and information 
        exchange.
          (5) Suspension.--The Secretary of Homeland Security 
        shall monitor the admission of nonimmigrant visitors to 
        Guam and the Commonwealth of the Northern Mariana 
        Islands under this subsection. If the Secretary 
        determines that such admissions have resulted in an 
        unacceptable number of visitors from a country 
        remaining unlawfully in Guam or the Commonwealth of the 
        Northern Mariana Islands, unlawfully obtaining entry to 
        other parts of the United States, or seeking 
        withholding of removal or asylum, or that visitors from 
        a country pose a risk to law enforcement or security 
        interests of Guam or the Commonwealth of the Northern 
        Mariana Islands or of the United States (including the 
        interest in the enforcement of the immigration laws of 
        the United States), the Secretary shall suspend the 
        admission of nationals of such country under this 
        subsection. The Secretary of Homeland Security may in 
        the Secretary's discretion suspend the Guam and 
        Northern Mariana Islands visa waiver program at any 
        time, on a country-by-country basis, for other good 
        cause.
          (6) Addition of countries.--The Governor of Guam and 
        the Governor of the Commonwealth of the Northern 
        Mariana Islands may request the Secretary of the 
        Interior and the Secretary of Homeland Security to add 
        a particular country to the list of countries whose 
        nationals may obtain the waiver provided by this 
        subsection, and the Secretary of Homeland Security may 
        grant such request after consultation with the 
        Secretary of the Interior and the Secretary of State, 
        and may promulgate regulations with respect to the 
        inclusion of that country and any special requirements 
        the Secretary of Homeland Security, in the Secretary's 
        sole discretion, may impose prior to allowing nationals 
        of that country to obtain the waiver provided by this 
        subsection.
  (m)(1) The qualifications referred to in section 
101(a)(15)(H)(i)(c), with respect to an alien who is coming to 
the United States to perform nursing services for a facility, 
are that the alien--
          (A) has obtained a full and unrestricted license to 
        practice professional nursing in the country where the 
        alien obtained nursing education or has received 
        nursing education in the United States;
          (B) has passed an appropriate examination (recognized 
        in regulations promulgated in consultation with the 
        Secretary of Health and Human Services) or has a full 
        and unrestricted license under State law to practice 
        professional nursing in the State of intended 
        employment; and
          (C) is fully qualified and eligible under the laws 
        (including such temporary or interim licensing 
        requirements which authorize the nurse to be employed) 
        governing the place of intended employment to engage in 
        the practice of professional nursing as a registered 
        nurse immediately upon admission to the United States 
        and is authorized under such laws to be employed by the 
        facility.
  (2)(A) The attestation referred to in section 
101(a)(15)(H)(i)(c), with respect to a facility for which an 
alien will perform services, is an attestation as to the 
following:
          (i) The facility meets all the requirements of 
        paragraph (6).
          (ii) The employment of the alien will not adversely 
        affect the wages and working conditions of registered 
        nurses similarly employed.
          (iii) The alien employed by the facility will be paid 
        the wage rate for registered nurses similarly employed 
        by the facility.
          (iv) The facility has taken and is taking timely and 
        significant steps designed to recruit and retain 
        sufficient registered nurses who are United States 
        citizens or immigrants who are authorized to perform 
        nursing services, in order to remove as quickly as 
        reasonably possible the dependence of the facility on 
        nonimmigrant registered nurses.
          (v) There is not a strike or lockout in the course of 
        a labor dispute, the facility did not lay off and will 
        not lay off a registered nurse employed by the facility 
        within the period beginning 90 days before and ending 
        90 days after the date of filing of any visa petition, 
        and the employment of such an alien is not intended or 
        designed to influence an election for a bargaining 
        representative for registered nurses of the facility.
          (vi) At the time of the filing of the petition for 
        registered nurses under section 101(a)(15)(H)(i)(c), 
        notice of the filing has been provided by the facility 
        to the bargaining representative of the registered 
        nurses at the facility or, where there is no such 
        bargaining representative, notice of the filing has 
        been provided to the registered nurses employed at the 
        facility through posting in conspicuous locations.
          (vii) The facility will not, at any time, employ a 
        number of aliens issued visas or otherwise provided 
        nonimmigrant status under section 101(a)(15)(H)(i)(c) 
        that exceeds 33 percent of the total number of 
        registered nurses employed by the facility.
          (viii) The facility will not, with respect to any 
        alien issued a visa or otherwise provided nonimmigrant 
        status under section 101(a)(15)(H)(i)(c)--
                  (I) authorize the alien to perform nursing 
                services at any worksite other than a worksite 
                controlled by the facility; or
                  (II) transfer the place of employment of the 
                alien from one worksite to another.
        Nothing in clause (iv) shall be construed as requiring 
        a facility to have taken significant steps described in 
        such clause before the date of the enactment of the 
        Nursing Relief for Disadvantaged Areas Act of 1999. A 
        copy of the attestation shall be provided, within 30 
        days of the date of filing, to registered nurses 
        employed at the facility on the date of filing.
  (B) For purposes of subparagraph (A)(iv), each of the 
following shall be considered a significant step reasonably 
designed to recruit and retain registered nurses:
          (i) Operating a training program for registered 
        nurses at the facility or financing (or providing 
        participation in) a training program for registered 
        nurses elsewhere.
          (ii) Providing career development programs and other 
        methods of facilitating health care workers to become 
        registered nurses.
          (iii) Paying registered nurses wages at a rate higher 
        than currently being paid to registered nurses 
        similarly employed in the geographic area.
          (iv) Providing reasonable opportunities for 
        meaningful salary advancement by registered nurses.
The steps described in this subparagraph shall not be 
considered to be an exclusive list of the significant steps 
that may be taken to meet the conditions of subparagraph 
(A)(iv). Nothing in this subparagraph shall require a facility 
to take more than one step if the facility can demonstrate that 
taking a second step is not reasonable.
  (C) Subject to subparagraph (E), an attestation under 
subparagraph (A)--
          (i) shall expire on the date that is the later of--
                  (I) the end of the one-year period beginning 
                on the date of its filing with the Secretary of 
                Labor; or
                  (II) the end of the period of admission under 
                section 101(a)(15)(H)(i)(c) of the last alien 
                with respect to whose admission it was applied 
                (in accordance with clause (ii)); and
          (ii) shall apply to petitions filed during the one-
        year period beginning on the date of its filing with 
        the Secretary of Labor if the facility states in each 
        such petition that it continues to comply with the 
        conditions in the attestation.
  (D) A facility may meet the requirements under this paragraph 
with respect to more than one registered nurse in a single 
petition.
  (E)(i) The Secretary of Labor shall compile and make 
available for public examination in a timely manner in 
Washington, D.C., a list identifying facilities which have 
filed petitions for nonimmigrants under section 
101(a)(15)(H)(i)(c) and, for each such facility, a copy of the 
facility's attestation under subparagraph (A) (and accompanying 
documentation) and each such petition filed by the facility.
  (ii) The Secretary of Labor shall establish a process, 
including reasonable time limits, for the receipt, 
investigation, and disposition of complaints respecting a 
facility's failure to meet conditions attested to or a 
facility's misrepresentation of a material fact in an 
attestation. Complaints may be filed by any aggrieved person or 
organization (including bargaining representatives, 
associations deemed appropriate by the Secretary, and other 
aggrieved parties as determined under regulations of the 
Secretary). The Secretary shall conduct an investigation under 
this clause if there is reasonable cause to believe that a 
facility fails to meet conditions attested to. Subject to the 
time limits established under this clause, this subparagraph 
shall apply regardless of whether an attestation is expired or 
unexpired at the time a complaint is filed.
  (iii) Under such process, the Secretary shall provide, within 
180 days after the date such a complaint is filed, for a 
determination as to whether or not a basis exists to make a 
finding described in clause (iv). If the Secretary determines 
that such a basis exists, the Secretary shall provide for 
notice of such determination to the interested parties and an 
opportunity for a hearing on the complaint within 60 days of 
the date of the determination.
  (iv) If the Secretary of Labor finds, after notice and 
opportunity for a hearing, that a facility (for which an 
attestation is made) has failed to meet a condition attested to 
or that there was a misrepresentation of material fact in the 
attestation, the Secretary shall notify the Attorney General of 
such finding and may, in addition, impose such other 
administrative remedies (including civil monetary penalties in 
an amount not to exceed $1,000 per nurse per violation, with 
the total penalty not to exceed $10,000 per violation) as the 
Secretary determines to be appropriate. Upon receipt of such 
notice, the Attorney General shall not approve petitions filed 
with respect to a facility during a period of at least one year 
for nurses to be employed by the facility.
  (v) In addition to the sanctions provided for under clause 
(iv), if the Secretary of Labor finds, after notice and an 
opportunity for a hearing, that a facility has violated the 
condition attested to under subparagraph (A)(iii) (relating to 
payment of registered nurses at the prevailing wage rate), the 
Secretary shall order the facility to provide for payment of 
such amounts of back pay as may be required to comply with such 
condition.
  (F)(i) The Secretary of Labor shall impose on a facility 
filing an attestation under subparagraph (A) a filing fee, in 
an amount prescribed by the Secretary based on the costs of 
carrying out the Secretary's duties under this subsection, but 
not exceeding $250.
  (ii) Fees collected under this subparagraph shall be 
deposited in a fund established for this purpose in the 
Treasury of the United States.
  (iii) The collected fees in the fund shall be available to 
the Secretary of Labor, to the extent and in such amounts as 
may be provided in appropriations Acts, to cover the costs 
described in clause (i), in addition to any other funds that 
are available to the Secretary to cover such costs.
  (3) The period of admission of an alien under section 
101(a)(15)(H)(i)(c) shall be 3 years.
  (4) The total number of nonimmigrant visas issued pursuant to 
petitions granted under section 101(a)(15)(H)(i)(c) in each 
fiscal year shall not exceed 500. The number of such visas 
issued for employment in each State in each fiscal year shall 
not exceed the following:
          (A) For States with populations of less than 
        9,000,000, based upon the 1990 decennial census of 
        population, 25 visas.
          (B) For States with populations of 9,000,000 or more, 
        based upon the 1990 decennial census of population, 50 
        visas.
          (C) If the total number of visas available under this 
        paragraph for a fiscal year quarter exceeds the number 
        of qualified nonimmigrants who may be issued such visas 
        during those quarters, the visas made available under 
        this paragraph shall be issued without regard to the 
        numerical limitation under subparagraph (A) or (B) of 
        this paragraph during the last fiscal year quarter.
  (5) A facility that has filed a petition under section 
101(a)(15)(H)(i)(c) to employ a nonimmigrant to perform nursing 
services for the facility--
          (A) shall provide the nonimmigrant a wage rate and 
        working conditions commensurate with those of nurses 
        similarly employed by the facility;
          (B) shall require the nonimmigrant to work hours 
        commensurate with those of nurses similarly employed by 
        the facility; and
          (C) shall not interfere with the right of the 
        nonimmigrant to join or organize a union.
  (6) For purposes of this subsection and section 
101(a)(15)(H)(i)(c), the term ``facility'' means a subsection 
(d) hospital (as defined in section 1886(d)(1)(B) of the Social 
Security Act (42 U.S.C. 1395ww(d)(1)(B))) that meets the 
following requirements:
          (A) As of March 31, 1997, the hospital was located in 
        a health professional shortage area (as defined in 
        section 332 of the Public Health Service Act (42 U.S.C. 
        254e)).
          (B) Based on its settled cost report filed under 
        title XVIII of the Social Security Act for its cost 
        reporting period beginning during fiscal year 1994--
                  (i) the hospital has not less than 190 
                licensed acute care beds;
                  (ii) the number of the hospital's inpatient 
                days for such period which were made up of 
                patients who (for such days) were entitled to 
                benefits under part A of such title is not less 
                than 35 percent of the total number of such 
                hospital's acute care inpatient days for such 
                period; and
                  (iii) the number of the hospital's inpatient 
                days for such period which were made up of 
                patients who (for such days) were eligible for 
                medical assistance under a State plan approved 
                under title XIX of the Social Security Act, is 
                not less than 28 percent of the total number of 
                such hospital's acute care inpatient days for 
                such period.
          (7) For purposes of paragraph (2)(A)(v), the term 
        ``lay off'', with respect to a worker--
                  (A) means to cause the worker's loss of 
                employment, other than through a discharge for 
                inadequate performance, violation of workplace 
                rules, cause, voluntary departure, voluntary 
                retirement, or the expiration of a grant or 
                contract; but
                  (B) does not include any situation in which 
                the worker is offered, as an alternative to 
                such loss of employment, a similar employment 
                opportunity with the same employer at 
                equivalent or higher compensation and benefits 
                than the position from which the employee was 
                discharged, regardless of whether or not the 
                employee accepts the offer.
        Nothing in this paragraph is intended to limit an 
        employee's or an employer's rights under a collective 
        bargaining agreement or other employment contract.
  (n)(1) No alien may be admitted or provided status as an H-1B 
nonimmigrant in an occupational classification unless the 
employer has filed with the Secretary of Labor an application 
stating the following:
          (A) The employer--
                  (i) is offering and will offer during the 
                period of authorized employment to aliens 
                admitted or provided status as an H-1B 
                nonimmigrant wages that are at least--
                          (I) the actual wage level paid by the 
                        employer to all other individuals with 
                        similar experience and qualifications 
                        for the specific employment in 
                        question, or
                          (II) the prevailing wage level for 
                        the occupational classification in the 
                        area of employment,
                whichever is greater, based on the best 
                information available as of the time of filing 
                the application, and
                  (ii) will provide working conditions for such 
                a nonimmigrant that will not adversely affect 
                the working conditions of workers similarly 
                employed.
          (B) There is not a strike or lockout in the course of 
        a labor dispute in the occupational classification at 
        the place of employment.
          (C) The employer, at the time of filing the 
        application--
                  (i) has provided notice of the filing under 
                this paragraph to the bargaining representative 
                (if any) of the employer's employees in the 
                occupational classification and area for which 
                aliens are sought, or
                  (ii) if there is no such bargaining 
                representative, has provided notice of filing 
                in the occupational classification through such 
                methods as physical posting in conspicuous 
                locations at the place of employment or 
                electronic notification to employees in the 
                occupational classification for which H-1B 
                nonimmigrants are sought.
          (D) The application shall contain a specification of 
        the number of workers sought, the occupational 
        classification in which the workers will be employed, 
        and wage rate and conditions under which they will be 
        employed.
          (E)(i) In the case of an application described in 
        clause (ii), the employer did not displace and will not 
        displace a United States worker (as defined in 
        paragraph (4)) employed by the employer within the 
        period beginning 90 days before and ending 90 days 
        after the date of filing of any visa petition supported 
        by the application.
          (ii) An application described in this clause is an 
        application filed on or after the date final 
        regulations are first promulgated to carry out this 
        subparagraph, and before by an H-1B-dependent employer 
        (as defined in paragraph (3)) or by an employer that 
        has been found, on or after the date of the enactment 
        of the American Competitiveness and Workforce 
        Improvement Act of 1998, under paragraph (2)(C) or (5) 
        to have committed a willful failure or 
        misrepresentation during the 5-year period preceding 
        the filing of the application. An application is not 
        described in this clause if the only H-1B nonimmigrants 
        sought in the application are exempt H-1B 
        nonimmigrants.
          (F) In the case of an application described in 
        subparagraph (E)(ii), the employer will not place the 
        nonimmigrant with another employer (regardless of 
        whether or not such other employer is an H-1B-dependent 
        employer) where--
                  (i) the nonimmigrant performs duties in whole 
                or in part at one or more worksites owned, 
                operated, or controlled by such other employer; 
                and
                  (ii) there are indicia of an employment 
                relationship between the nonimmigrant and such 
                other employer;
        unless the employer has inquired of the other employer 
        as to whether, and has no knowledge that, within the 
        period beginning 90 days before and ending 90 days 
        after the date of the placement of the nonimmigrant 
        with the other employer, the other employer has 
        displaced or intends to displace a United States worker 
        employed by the other employer.
          (G)(i) In the case of an application described in 
        subparagraph (E)(ii), subject to clause (ii), the 
        employer, prior to filing the application--
                  (I) has taken good faith steps to recruit, in 
                the United States using procedures that meet 
                industry-wide standards and offering 
                compensation that is at least as great as that 
                required to be offered to H-1B nonimmigrants 
                under subparagraph (A), United States workers 
                for the job for which the nonimmigrant or 
                nonimmigrants is or are sought; and
                  (II) has offered the job to any United States 
                worker who applies and is equally or better 
                qualified for the job for which the 
                nonimmigrant or nonimmigrants is or are sought.
          (ii) The conditions described in clause (i) shall not 
        apply to an application filed with respect to the 
        employment of an H-1B nonimmigrant who is described in 
        subparagraph (A), (B), or (C) of section 203(b)(1).
The employer shall make available for public examination, 
within one working day after the date on which an application 
under this paragraph is filed, at the employer's principal 
place of business or worksite, a copy of each such application 
(and such accompanying documents as are necessary). The 
Secretary shall compile, on a current basis, a list (by 
employer and by occupational classification) of the 
applications filed under this subsection. Such list shall 
include the wage rate, number of aliens sought, period of 
intended employment, and date of need. The Secretary shall make 
such list available for public examination in Washington, D.C. 
The Secretary of Labor shall review such an application only 
for completeness and obvious inaccuracies. Unless the Secretary 
finds that the application is incomplete or obviously 
inaccurate, the Secretary shall provide the certification 
described in section 101(a)(15)(H)(i)(b) within 7 days of the 
date of the filing of the application. The application form 
shall include a clear statement explaining the liability under 
subparagraph (F) of a placing employer if the other employer 
described in such subparagraph displaces a United States worker 
as described in such subparagraph. Nothing in subparagraph (G) 
shall be construed to prohibit an employer from using 
legitimate selection criteria relevant to the job that are 
normal or customary to the type of job involved, so long as 
such criteria are not applied in a discriminatory manner.
  (2)(A) Subject to paragraph (5)(A), the Secretary shall 
establish a process for the receipt, investigation, and 
disposition of complaints respecting a petitioner's failure to 
meet a condition specified in an application submitted under 
paragraph (1) or a petitioner's misrepresentation of material 
facts in such an application. Complaints may be filed by any 
aggrieved person or organization (including bargaining 
representatives). No investigation or hearing shall be 
conducted on a complaint concerning such a failure or 
misrepresentation unless the complaint was filed not later than 
12 months after the date of the failure or misrepresentation, 
respectively. The Secretary shall conduct an investigation 
under this paragraph if there is reasonable cause to believe 
that such a failure or misrepresentation has occurred.
  (B) Under such process, the Secretary shall provide, within 
30 days after the date such a complaint is filed, for a 
determination as to whether or not a reasonable basis exists to 
make a finding described in subparagraph (C). If the Secretary 
determines that such a reasonable basis exists, the Secretary 
shall provide for notice of such determination to the 
interested parties and an opportunity for a hearing on the 
complaint, in accordance with section 556 of title 5, United 
States Code, within 60 days after the date of the 
determination. If such a hearing is requested, the Secretary 
shall make a finding concerning the matter by not later than 60 
days after the date of the hearing. In the case of similar 
complaints respecting the same applicant, the Secretary may 
consolidate the hearings under this subparagraph on such 
complaints.
  (C)(i) If the Secretary finds, after notice and opportunity 
for a hearing, a failure to meet a condition of paragraph 
(1)(B), (1)(E), or (1)(F), a substantial failure to meet a 
condition of paragraph (1)(C), (1)(D), or (1)(G)(i)(I), or a 
misrepresentation of material fact in an application--
          (I) the Secretary shall notify the Attorney General 
        of such finding and may, in addition, impose such other 
        administrative remedies (including civil monetary 
        penalties in an amount not to exceed $1,000 per 
        violation) as the Secretary determines to be 
        appropriate; and
          (II) the Attorney General shall not approve petitions 
        filed with respect to that employer under section 204 
        or 214(c) during a period of at least 1 year for aliens 
        to be employed by the employer.
  (ii) If the Secretary finds, after notice and opportunity for 
a hearing, a willful failure to meet a condition of paragraph 
(1), a willful misrepresentation of material fact in an 
application, or a violation of clause (iv)--
          (I) the Secretary shall notify the Attorney General 
        of such finding and may, in addition, impose such other 
        administrative remedies (including civil monetary 
        penalties in an amount not to exceed $5,000 per 
        violation) as the Secretary determines to be 
        appropriate; and
          (II) the Attorney General shall not approve petitions 
        filed with respect to that employer under section 204 
        or 214(c) during a period of at least 2 years for 
        aliens to be employed by the employer.
  (iii) If the Secretary finds, after notice and opportunity 
for a hearing, a willful failure to meet a condition of 
paragraph (1) or a willful misrepresentation of material fact 
in an application, in the course of which failure or 
misrepresentation the employer displaced a United States worker 
employed by the employer within the period beginning 90 days 
before and ending 90 days after the date of filing of any visa 
petition supported by the application--
          (I) the Secretary shall notify the Attorney General 
        of such finding and may, in addition, impose such other 
        administrative remedies (including civil monetary 
        penalties in an amount not to exceed $35,000 per 
        violation) as the Secretary determines to be 
        appropriate; and
          (II) the Attorney General shall not approve petitions 
        filed with respect to that employer under section 204 
        or 214(c) during a period of at least 3 years for 
        aliens to be employed by the employer.
  (iv) It is a violation of this clause for an employer who has 
filed an application under this subsection to intimidate, 
threaten, restrain, coerce, blacklist, discharge, or in any 
other manner discriminate against an employee (which term, for 
purposes of this clause, includes a former employee and an 
applicant for employment) because the employee has disclosed 
information to the employer, or to any other person, that the 
employee reasonably believes evidences a violation of this 
subsection, or any rule or regulation pertaining to this 
subsection, or because the employee cooperates or seeks to 
cooperate in an investigation or other proceeding concerning 
the employer's compliance with the requirements of this 
subsection or any rule or regulation pertaining to this 
subsection.
  (v) The Secretary of Labor and the Attorney General shall 
devise a process under which an H-1B nonimmigrant who files a 
complaint regarding a violation of clause (iv) and is otherwise 
eligible to remain and work in the United States may be allowed 
to seek other appropriate employment in the United States for a 
period not to exceed the maximum period of stay authorized for 
such nonimmigrant classification.
  (vi)(I) It is a violation of this clause for an employer who 
has filed an application under this subsection to require an H-
1B nonimmigrant to pay a penalty for ceasing employment with 
the employer prior to a date agreed to by the nonimmigrant and 
the employer. The Secretary shall determine whether a required 
payment is a penalty (and not liquidated damages) pursuant to 
relevant State law.
  (II) It is a violation of this clause for an employer who has 
filed an application under this subsection to require an alien 
who is the subject of a petition filed under section 214(c)(1), 
for which a fee is imposed under section 214(c)(9), to 
reimburse, or otherwise compensate, the employer for part or 
all of the cost of such fee. It is a violation of this clause 
for such an employer otherwise to accept such reimbursement or 
compensation from such an alien.
  (III) If the Secretary finds, after notice and opportunity 
for a hearing, that an employer has committed a violation of 
this clause, the Secretary may impose a civil monetary penalty 
of $1,000 for each such violation and issue an administrative 
order requiring the return to the nonimmigrant of any amount 
paid in violation of this clause, or, if the nonimmigrant 
cannot be located, requiring payment of any such amount to the 
general fund of the Treasury.
  (vii)(I) It is a failure to meet a condition of paragraph 
(1)(A) for an employer, who has filed an application under this 
subsection and who places an H-1B nonimmigrant designated as a 
full-time employee on the petition filed under section 
214(c)(1) by the employer with respect to the nonimmigrant, 
after the nonimmigrant has entered into employment with the 
employer, in nonproductive status due to a decision by the 
employer (based on factors such as lack of work), or due to the 
nonimmigrant's lack of a permit or license, to fail to pay the 
nonimmigrant full-time wages in accordance with paragraph 
(1)(A) for all such nonproductive time.
  (II) It is a failure to meet a condition of paragraph (1)(A) 
for an employer, who has filed an application under this 
subsection and who places an H-1B nonimmigrant designated as a 
part-time employee on the petition filed under section 
214(c)(1) by the employer with respect to the nonimmigrant, 
after the nonimmigrant has entered into employment with the 
employer, in nonproductive status under circumstances described 
in subclause (I), to fail to pay such a nonimmigrant for such 
hours as are designated on such petition consistent with the 
rate of pay identified on such petition.
  (III) In the case of an H-1B nonimmigrant who has not yet 
entered into employment with an employer who has had approved 
an application under this subsection, and a petition under 
section 214(c)(1), with respect to the nonimmigrant, the 
provisions of subclauses (I) and (II) shall apply to the 
employer beginning 30 days after the date the nonimmigrant 
first is admitted into the United States pursuant to the 
petition, or 60 days after the date the nonimmigrant becomes 
eligible to work for the employer (in the case of a 
nonimmigrant who is present in the United States on the date of 
the approval of the petition).
  (IV) This clause does not apply to a failure to pay wages to 
an H-1B nonimmigrant for nonproductive time due to non-work-
related factors, such as the voluntary request of the 
nonimmigrant for an absence or circumstances rendering the 
nonimmigrant unable to work.
  (V) This clause shall not be construed as prohibiting an 
employer that is a school or other educational institution from 
applying to an H-1B nonimmigrant an established salary practice 
of the employer, under which the employer pays to H-1B 
nonimmigrants and United States workers in the same 
occupational classification an annual salary in disbursements 
over fewer than 12 months, if--
          (aa) the nonimmigrant agrees to the compressed annual 
        salary payments prior to the commencement of the 
        employment; and
          (bb) the application of the salary practice to the 
        nonimmigrant does not otherwise cause the nonimmigrant 
        to violate any condition of the nonimmigrant's 
        authorization under this Act to remain in the United 
        States.
  (VI) This clause shall not be construed as superseding clause 
(viii).
  (viii) It is a failure to meet a condition of paragraph 
(1)(A) for an employer who has filed an application under this 
subsection to fail to offer to an H-1B nonimmigrant, during the 
nonimmigrant's period of authorized employment, benefits and 
eligibility for benefits (including the opportunity to 
participate in health, life, disability, and other insurance 
plans; the opportunity to participate in retirement and savings 
plans; and cash bonuses and noncash compensation, such as stock 
options (whether or not based on performance)) on the same 
basis, and in accordance with the same criteria, as the 
employer offers to United States workers.
  (D) If the Secretary finds, after notice and opportunity for 
a hearing, that an employer has not paid wages at the wage 
level specified under the application and required under 
paragraph (1), the Secretary shall order the employer to 
provide for payment of such amounts of back pay as may be 
required to comply with the requirements of paragraph (1), 
whether or not a penalty under subparagraph (C) has been 
imposed.
  (E) If an H-1B-dependent employer places a nonexempt H-1B 
nonimmigrant with another employer as provided under paragraph 
(1)(F) and the other employer has displaced or displaces a 
United States worker employed by such other employer during the 
period described in such paragraph, such displacement shall be 
considered for purposes of this paragraph a failure, by the 
placing employer, to meet a condition specified in an 
application submitted under paragraph (1); except that the 
Attorney General may impose a sanction described in subclause 
(II) of subparagraph (C)(i), (C)(ii), or (C)(iii) only if the 
Secretary of Labor found that such placing employer--
          (i) knew or had reason to know of such displacement 
        at the time of the placement of the nonimmigrant with 
        the other employer; or
          (ii) has been subject to a sanction under this 
        subparagraph based upon a previous placement of an H-1B 
        nonimmigrant with the same other employer.
  (F) The Secretary may, on a case-by-case basis, subject an 
employer to random investigations for a period of up to 5 
years, beginning on the date (on or after the date of the 
enactment of the American Competitiveness and Workforce 
Improvement Act of 1998) on which the employer is found by the 
Secretary to have committed a willful failure to meet a 
condition of paragraph (1) (or has been found under paragraph 
(5) to have committed a willful failure to meet the condition 
of paragraph (1)(G)(i)(II)) or to have made a willful 
misrepresentation of material fact in an application. The 
preceding sentence shall apply to an employer regardless of 
whether or not the employer is an H-1B-dependent employer. The 
authority of the Secretary under this subparagraph shall not be 
construed to be subject to, or limited by, the requirements of 
subparagraph (A).
  (G)(i) The Secretary of Labor may initiate an investigation 
of any employer that employs nonimmigrants described in section 
101(a)(15)(H)(i)(b) if the Secretary of Labor has reasonable 
cause to believe that the employer is not in compliance with 
this subsection. In the case of an investigation under this 
clause, the Secretary of Labor (or the acting Secretary in the 
case of the absence of disability of the Secretary of Labor) 
shall personally certify that reasonable cause exists and shall 
approve commencement of the investigation. The investigation 
may be initiated for reasons other than completeness and 
obvious inaccuracies by the employer in complying with this 
subsection.
  (ii) If the Secretary of Labor receives specific credible 
information from a source who is likely to have knowledge of an 
employer's practices or employment conditions, or an employer's 
compliance with the employer's labor condition application 
under paragraph (1), and whose identity is known to the 
Secretary of Labor, and such information provides reasonable 
cause to believe that the employer has committed a willful 
failure to meet a condition of paragraph (1)(A), (1)(B), 
(1)(C), (1)(E), (1)(F), or (1)(G)(i)(I), has engaged in a 
pattern or practice of failures to meet such a condition, or 
has committed a substantial failure to meet such a condition 
that affects multiple employees, the Secretary of Labor may 
conduct an investigation into the alleged failure or failures. 
The Secretary of Labor may withhold the identity of the source 
from the employer, and the source's identity shall not be 
subject to disclosure under section 552 of title 5, United 
States Code.
  (iii) The Secretary of Labor shall establish a procedure for 
any person desiring to provide to the Secretary of Labor 
information described in clause (ii) that may be used, in whole 
or in part, as the basis for the commencement of an 
investigation described in such clause, to provide the 
information in writing on a form developed and provided by the 
Secretary of Labor and completed by or on behalf of the person. 
The person may not be an officer or employee of the Department 
of Labor, unless the information satisfies the requirement of 
clause (iv)(II) (although an officer or employee of the 
Department of Labor may complete the form on behalf of the 
person).
  (iv) Any investigation initiated or approved by the Secretary 
of Labor under clause (ii) shall be based on information that 
satisfies the requirements of such clause and that--
          (I) originates from a source other than an officer or 
        employee of the Department of Labor; or
          (II) was lawfully obtained by the Secretary of Labor 
        in the course of lawfully conducting another Department 
        of Labor investigation under this Act of any other Act.
  (v) The receipt by the Secretary of Labor of information 
submitted by an employer to the Attorney General or the 
Secretary of Labor for purposes of securing the employment of a 
nonimmigrant described in section 101(a)(15)(H)(i)(b) shall not 
be considered a receipt of information for purposes of clause 
(ii).
  (vi) No investigation described in clause (ii) (or hearing 
described in clause (viii) based on such investigation) may be 
conducted with respect to information about a failure to meet a 
condition described in clause (ii), unless the Secretary of 
Labor receives the information not later than 12 months after 
the date of the alleged failure.
  (vii) The Secretary of Labor shall provide notice to an 
employer with respect to whom there is reasonable cause to 
initiate an investigation described in clauses (i) or (ii), 
prior to the commencement of an investigation under such 
clauses, of the intent to conduct an investigation. The notice 
shall be provided in such a manner, and shall contain 
sufficient detail, to permit the employer to respond to the 
allegations before an investigation is commenced. The Secretary 
of Labor is not required to comply with this clause if the 
Secretary of Labor determines that to do so would interfere 
with an effort by the Secretary of Labor to secure compliance 
by the employer with the requirements of this subsection. There 
shall be no judicial review of a determination by the Secretary 
of Labor under this clause.
  (viii) An investigation under clauses (i) or (ii) may be 
conducted for a period of up to 60 days. If the Secretary of 
Labor determines after such an investigation that a reasonable 
basis exists to make a finding that the employer has committed 
a willful failure to meet a condition of paragraph (1)(A), 
(1)(B), (1)(C), (1)(E), (1)(F), or (1)(G)(i)(I), has engaged in 
a pattern or practice of failures to meet such a condition, or 
has committed a substantial failure to meet such a condition 
that affects multiple employees, the Secretary of Labor shall 
provide for notice of such determination to the interested 
parties and an opportunity for a hearing in accordance with 
section 556 of title 5, United States Code, within 120 days 
after the date of the determination. If such a hearing is 
requested, the Secretary of Labor shall make a finding 
concerning the matter by not later than 120 days after the date 
of the hearing.
  (H)(i) Except as provided in clauses (ii) and (iii), a person 
or entity is considered to have complied with the requirements 
of this subsection, notwithstanding a technical or procedural 
failure to meet such requirements, if there was a good faith 
attempt to comply with the requirements.
  (ii) Clause (i) shall not apply if--
          (I) the Department of Labor (or another enforcement 
        agency) has explained to the person or entity the basis 
        for the failure;
          (II) the person or entity has been provided a period 
        of not less than 10 business days (beginning after the 
        date of the explanation) within which to correct the 
        failure; and
          (III) the person or entity has not corrected the 
        failure voluntarily within such period.
          (iii) A person or entity that, in the course of an 
        investigation, is found to have violated the prevailing 
        wage requirements set forth in paragraph (1)(A), shall 
        not be assessed fines or other penalties for such 
        violation if the person or entity can establish that 
        the manner in which the prevailing wage was calculated 
        was consistent with recognized industry standards and 
        practices.
          (iv) Clauses (i) and (iii) shall not apply to a 
        person or entity that has engaged in or is engaging in 
        a pattern or practice of willful violations of this 
        subsection.
  (I) Nothing in this subsection shall be construed as 
superseding or preempting any other enforcement-related 
authority under this Act (such as the authorities under section 
274B), or any other Act.
  (3)(A) For purposes of this subsection, the term ``H-1B-
dependent employer'' means an employer that--
          (i)(I) has 25 or fewer full-time equivalent employees 
        who are employed in the United States; and (II) employs 
        more than 7 H-1B nonimmigrants;
          (ii)(I) has at least 26 but not more than 50 full-
        time equivalent employees who are employed in the 
        United States; and (II) employs more than 12 H-1B 
        nonimmigrants; or
          (iii)(I) has at least 51 full-time equivalent 
        employees who are employed in the United States; and 
        (II) employs H-1B nonimmigrants in a number that is 
        equal to at least 15 percent of the number of such 
        full-time equivalent employees.
  (B) For purposes of this subsection--
          (i) the term ``exempt H-1B nonimmigrant'' means an H-
        1B nonimmigrant who--
                  (I) receives wages (including cash bonuses 
                and similar compensation) at an annual rate 
                equal to at least $60,000; or
                  (II) has attained a master's or higher degree 
                (or its equivalent) in a specialty related to 
                the intended employment; and
          (ii) the term nonexempt H-1B nonimmigrant means an H-
        1B nonimmigrant who is not an exempt H-1B nonimmigrant.
  (C) For purposes of subparagraph (A)--
          (i) in computing the number of full-time equivalent 
        employees and the number of H-1B nonimmigrants, exempt 
        H-1B nonimmigrants shall not be taken into account 
        during the longer of--
                  (I) the 6-month period beginning on the date 
                of the enactment of the American 
                Competitiveness and Workforce Improvement Act 
                of 1998; or
                  (II) the period beginning on the date of the 
                enactment of the American Competitiveness and 
                Workforce Improvement Act of 1998 and ending on 
                the date final regulations are issued to carry 
                out this paragraph; and
          (ii) any group treated as a single employer under 
        subsection (b), (c), (m), or (o) of section 414 of the 
        Internal Revenue Code of 1986 shall be treated as a 
        single employer.
  (4) For purposes of this subsection:
          (A) The term ``area of employment'' means the area 
        within normal commuting distance of the worksite or 
        physical location where the work of the H-1B 
        nonimmigrant is or will be performed. If such worksite 
        or location is within a Metropolitan Statistical Area, 
        any place within such area is deemed to be within the 
        area of employment.
          (B) In the case of an application with respect to one 
        or more H-1B nonimmigrants by an employer, the employer 
        is considered to ``displace'' a United States worker 
        from a job if the employer lays off the worker from a 
        job that is essentially the equivalent of the job for 
        which the nonimmigrant or nonimmigrants is or are 
        sought. A job shall not be considered to be essentially 
        equivalent of another job unless it involves 
        essentially the same responsibilities, was held by a 
        United States worker with substantially equivalent 
        qualifications and experience, and is located in the 
        same area of employment as the other job.
          (C) The term ``H-1B nonimmigrant'' means an alien 
        admitted or provided status as a nonimmigrant described 
        in section 101(a)(15)(H)(i)(b).
          (D)(i) The term ``lays off'', with respect to a 
        worker--
                  (I) means to cause the worker's loss of 
                employment, other than through a discharge for 
                inadequate performance, violation of workplace 
                rules, cause, voluntary departure, voluntary 
                retirement, or the expiration of a grant or 
                contract (other than a temporary employment 
                contract entered into in order to evade a 
                condition described in subparagraph (E) or (F) 
                of paragraph (1)); but
                  (II) does not include any situation in which 
                the worker is offered, as an alternative to 
                such loss of employment, a similar employment 
                opportunity with the same employer (or, in the 
                case of a placement of a worker with another 
                employer under paragraph (1)(F), with either 
                employer described in such paragraph) at 
                equivalent or higher compensation and benefits 
                than the position from which the employee was 
                discharged, regardless of whether or not the 
                employee accepts the offer.
          (ii) Nothing in this subparagraph is intended to 
        limit an employee's rights under a collective 
        bargaining agreement or other employment contract.
          (E) The term ``United States worker'' means an 
        employee who--
                  (i) is a citizen or national of the United 
                States; or
                  (ii) is an alien who is lawfully admitted for 
                permanent residence, is admitted as a refugee 
                under section 207, is granted asylum under 
                section 208, or is an immigrant otherwise 
                authorized, by this Act or by the Attorney 
                General, to be employed.
  (5)(A) This paragraph shall apply instead of subparagraphs 
(A) through (E) of paragraph (2) in the case of a violation 
described in subparagraph (B), but shall not be construed to 
limit or affect the authority of the Secretary or the Attorney 
General with respect to any other violation.
  (B) The Attorney General shall establish a process for the 
receipt, initial review, and disposition in accordance with 
this paragraph of complaints respecting an employer's failure 
to meet the condition of paragraph (1)(G)(i)(II) or a 
petitioner's misrepresentation of material facts with respect 
to such condition. Complaints may be filed by an aggrieved 
individual who has submitted a resume or otherwise applied in a 
reasonable manner for the job that is the subject of the 
condition. No proceeding shall be conducted under this 
paragraph on a complaint concerning such a failure or 
misrepresentation unless the Attorney General determines that 
the complaint was filed not later than 12 months after the date 
of the failure or misrepresentation, respectively.
  (C) If the Attorney General finds that a complaint has been 
filed in accordance with subparagraph (B) and there is 
reasonable cause to believe that such a failure or 
misrepresentation described in such complaint has occurred, the 
Attorney General shall initiate binding arbitration proceedings 
by requesting the Federal Mediation and Conciliation Service to 
appoint an arbitrator from the roster of arbitrators maintained 
by such Service. The procedure and rules of such Service shall 
be applicable to the selection of such arbitrator and to such 
arbitration proceedings. The Attorney General shall pay the fee 
and expenses of the arbitrator.
  (D)(i) The arbitrator shall make findings respecting whether 
a failure or misrepresentation described in subparagraph (B) 
occurred. If the arbitrator concludes that failure or 
misrepresentation was willful, the arbitrator shall make a 
finding to that effect. The arbitrator may not find such a 
failure or misrepresentation (or that such a failure or 
misrepresentation was willful) unless the complainant 
demonstrates such a failure or misrepresentation (or its 
willful character) by clear and convincing evidence. The 
arbitrator shall transmit the findings in the form of a written 
opinion to the parties to the arbitration and the Attorney 
General. Such findings shall be final and conclusive, and, 
except as provided in this subparagraph, no official or court 
of the United States shall have power or jurisdiction to review 
any such findings.
  (ii) The Attorney General may review and reverse or modify 
the findings of an arbitrator only on the same bases as an 
award of an arbitrator may be vacated or modified under section 
10 or 11 of title 9, United States Code.
  (iii) With respect to the findings of an arbitrator, a court 
may review only the actions of the Attorney General under 
clause (ii) and may set aside such actions only on the grounds 
described in subparagraph (A), (B), or (C) of section 706(a)(2) 
of title 5, United States Code. Notwithstanding any other 
provision of law, such judicial review may only be brought in 
an appropriate United States court of appeals.
  (E) If the Attorney General receives a finding of an 
arbitrator under this paragraph that an employer has failed to 
meet the condition of paragraph (1)(G)(i)(II) or has 
misrepresented a material fact with respect to such condition, 
unless the Attorney General reverses or modifies the finding 
under subparagraph (D)(ii)--
          (i) the Attorney General may impose administrative 
        remedies (including civil monetary penalties in an 
        amount not to exceed $1,000 per violation or $5,000 per 
        violation in the case of a willful failure or 
        misrepresentation) as the Attorney General determines 
        to be appropriate; and
          (ii) the Attorney General is authorized to not 
        approve petitions filed, with respect to that employer 
        and for aliens to be employed by the employer, under 
        section 204 or 214(c)--
                  (I) during a period of not more than 1 year; 
                or
                  (II) in the case of a willful failure or 
                willful misrepresentation, during a period of 
                not more than 2 years.
  (F) The Attorney General shall not delegate, to any other 
employee or official of the Department of Justice, any function 
of the Attorney General under this paragraph, until 60 days 
after the Attorney General has submitted a plan for such 
delegation to the Committees on the Judiciary of the United 
States House of Representatives and the Senate.
  (o) An alien who has been physically present in the United 
States shall not be eligible to receive an immigrant visa 
within ninety days following departure therefrom unless--
          (1) the alien was maintaining a lawful nonimmigrant 
        status at the time of such departure, or
          (2) the alien is the spouse or unmarried child of an 
        individual who obtained temporary or permanent resident 
        status under section 210 or 245A of the Immigration and 
        Nationality Act or section 202 of the Immigration 
        Reform and Control Act of 1986 at any date, who--
                  (A) as of May 5, 1988, was the unmarried 
                child or spouse of the individual who obtained 
                temporary or permanent resident status under 
                section 210 or 245A of the Immigration and 
                Nationality Act or section 202 of the 
                Immigration Reform and Control Act of 1986;
                  (B) entered the United States before May 5, 
                1988, resided in the United States on May 5, 
                1988, and is not a lawful permanent resident; 
                and
                  (C) applied for benefits under section 301(a) 
                of the Immigration Act of 1990.
  (p)(1) In computing the prevailing wage level for an 
occupational classification in an area of employment for 
purposes of subsections (a)(5)(A), (n)(1)(A)(i)(II), and 
(t)(1)(A)(i)(II) in the case of an employee of--
          (A) an institution of higher education (as defined in 
        section 101(a) of the Higher Education Act of 1965), or 
        a related or affiliated nonprofit entity; or
          (B) a nonprofit research organization or a 
        Governmental research organization,
the prevailing wage level shall only take into account 
employees at such institutions and organizations in the area of 
employment.
  (2) With respect to a professional athlete (as defined in 
subsection (a)(5)(A)(iii)(II)) when the job opportunity is 
covered by professional sports league rules or regulations, the 
wage set forth in those rules or regulations shall be 
considered as not adversely affecting the wages of United 
States workers similarly employed and be considered the 
prevailing wage.
  (3) The prevailing wage required to be paid pursuant to 
subsections (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) 
shall be 100 percent of the wage determined pursuant to those 
sections.
  (4) Where the Secretary of Labor uses, or makes available to 
employers, a governmental survey to determine the prevailing 
wage, such survey shall provide at least 4 levels of wages 
commensurate with experience, education, and the level of 
supervision. Where an existing government survey has only 2 
levels, 2 intermediate levels may be created by dividing by 3, 
the difference between the 2 levels offered, adding the 
quotient thus obtained to the first level and subtracting that 
quotient from the second level.
  (q) Any alien admitted under section 101(a)(15)(B) may accept 
an honorarium payment and associated incidental expenses for a 
usual academic activity or activities (lasting not longer than 
9 days at any single institution), as defined by the Attorney 
General in consultation with the Secretary of Education, if 
such payment is offered by an institution or organization 
described in subsection (p)(1) and is made for services 
conducted for the benefit of that institution or entity and if 
the alien has not accepted such payment or expenses from more 
than 5 institutions or organizations in the previous 6-month 
period.
  (r) Subsection (a)(5)(C) shall not apply to an alien who 
seeks to enter the United States for the purpose of performing 
labor as a nurse who presents to the consular officer (or in 
the case of an adjustment of status, the Attorney General) a 
certified statement from the Commission on Graduates of Foreign 
Nursing Schools (or an equivalent independent credentialing 
organization approved for the certification of nurses under 
subsection (a)(5)(C) by the Attorney General in consultation 
with the Secretary of Health and Human Services) that--
          (1) the alien has a valid and unrestricted license as 
        a nurse in a State where the alien intends to be 
        employed and such State verifies that the foreign 
        licenses of alien nurses are authentic and 
        unencumbered;
          (2) the alien has passed the National Council 
        Licensure Examination (NCLEX);
          (3) the alien is a graduate of a nursing program--
                  (A) in which the language of instruction was 
                English;
                  (B) located in a country--
                          (i) designated by such commission not 
                        later than 30 days after the date of 
                        the enactment of the Nursing Relief for 
                        Disadvantaged Areas Act of 1999, based 
                        on such commission's assessment that 
                        the quality of nursing education in 
                        that country, and the English language 
                        proficiency of those who complete such 
                        programs in that country, justify the 
                        country's designation; or
                          (ii) designated on the basis of such 
                        an assessment by unanimous agreement of 
                        such commission and any equivalent 
                        credentialing organizations which have 
                        been approved under subsection 
                        (a)(5)(C) for the certification of 
                        nurses under this subsection; and
                  (C)(i) which was in operation on or before 
                the date of the enactment of the Nursing Relief 
                for Disadvantaged Areas Act of 1999; or
                  (ii) has been approved by unanimous agreement 
                of such commission and any equivalent 
                credentialing organizations which have been 
                approved under subsection (a)(5)(C) for the 
                certification of nurses under this subsection.
  (s) In determining whether an alien described in subsection 
(a)(4)(C)(i) is inadmissible under subsection (a)(4) or 
ineligible to receive an immigrant visa or otherwise to adjust 
to the status of permanent resident by reason of subsection 
(a)(4), the consular officer or the Attorney General shall not 
consider any benefits the alien may have received that were 
authorized under section 501 of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1641(c)).
  (t)(1) No alien may be admitted or provided status as a 
nonimmigrant under section 101(a)(15)(H)(i)(b1) or section 
101(a)(15)(E)(iii) in an occupational classification unless the 
employer has filed with the Secretary of Labor an attestation 
stating the following:
          (A) The employer--
                  (i) is offering and will offer during the 
                period of authorized employment to aliens 
                admitted or provided status under section 
                101(a)(15)(H)(i)(b1) or section 
                101(a)(15)(E)(iii) wages that are at least--
                          (I) the actual wage level paid by the 
                        employer to all other individuals with 
                        similar experience and qualifications 
                        for the specific employment in 
                        question; or
                          (II) the prevailing wage level for 
                        the occupational classification in the 
                        area of employment,
                whichever is greater, based on the best 
                information available as of the time of filing 
                the attestation; and
                  (ii) will provide working conditions for such 
                a nonimmigrant that will not adversely affect 
                the working conditions of workers similarly 
                employed.
          (B) There is not a strike or lockout in the course of 
        a labor dispute in the occupational classification at 
        the place of employment.
          (C) The employer, at the time of filing the 
        attestation--
                  (i) has provided notice of the filing under 
                this paragraph to the bargaining representative 
                (if any) of the employer's employees in the 
                occupational classification and area for which 
                aliens are sought; or
                  (ii) if there is no such bargaining 
                representative, has provided notice of filing 
                in the occupational classification through such 
                methods as physical posting in conspicuous 
                locations at the place of employment or 
                electronic notification to employees in the 
                occupational classification for which 
                nonimmigrants under section 
                101(a)(15)(H)(i)(b1) or section 
                101(a)(15)(E)(iii) are sought.
          (D) A specification of the number of workers sought, 
        the occupational classification in which the workers 
        will be employed, and wage rate and conditions under 
        which they will be employed.
  (2)(A) The employer shall make available for public 
examination, within one working day after the date on which an 
attestation under this subsection is filed, at the employer's 
principal place of business or worksite, a copy of each such 
attestation (and such accompanying documents as are necessary).
  (B)(i) The Secretary of Labor shall compile, on a current 
basis, a list (by employer and by occupational classification) 
of the attestations filed under this subsection. Such list 
shall include, with respect to each attestation, the wage rate, 
number of aliens sought, period of intended employment, and 
date of need.
  (ii) The Secretary of Labor shall make such list available 
for public examination in Washington, D.C.
  (C) The Secretary of Labor shall review an attestation filed 
under this subsection only for completeness and obvious 
inaccuracies. Unless the Secretary of Labor finds that an 
attestation is incomplete or obviously inaccurate, the 
Secretary of Labor shall provide the certification described in 
section 101(a)(15)(H)(i)(b1) or section 101(a)(15)(E)(iii) 
within 7 days of the date of the filing of the attestation.
  (3)(A) The Secretary of Labor shall establish a process for 
the receipt, investigation, and disposition of complaints 
respecting the failure of an employer to meet a condition 
specified in an attestation submitted under this subsection or 
misrepresentation by the employer of material facts in such an 
attestation. Complaints may be filed by any aggrieved person or 
organization (including bargaining representatives). No 
investigation or hearing shall be conducted on a complaint 
concerning such a failure or misrepresentation unless the 
complaint was filed not later than 12 months after the date of 
the failure or misrepresentation, respectively. The Secretary 
of Labor shall conduct an investigation under this paragraph if 
there is reasonable cause to believe that such a failure or 
misrepresentation has occurred.
  (B) Under the process described in subparagraph (A), the 
Secretary of Labor shall provide, within 30 days after the date 
a complaint is filed, for a determination as to whether or not 
a reasonable basis exists to make a finding described in 
subparagraph (C). If the Secretary of Labor determines that 
such a reasonable basis exists, the Secretary of Labor shall 
provide for notice of such determination to the interested 
parties and an opportunity for a hearing on the complaint, in 
accordance with section 556 of title 5, United States Code, 
within 60 days after the date of the determination. If such a 
hearing is requested, the Secretary of Labor shall make a 
finding concerning the matter by not later than 60 days after 
the date of the hearing. In the case of similar complaints 
respecting the same applicant, the Secretary of Labor may 
consolidate the hearings under this subparagraph on such 
complaints.
  (C)(i) If the Secretary of Labor finds, after notice and 
opportunity for a hearing, a failure to meet a condition of 
paragraph (1)(B), a substantial failure to meet a condition of 
paragraph (1)(C) or (1)(D), or a misrepresentation of material 
fact in an attestation--
          (I) the Secretary of Labor shall notify the Secretary 
        of State and the Secretary of Homeland Security of such 
        finding and may, in addition, impose such other 
        administrative remedies (including civil monetary 
        penalties in an amount not to exceed $1,000 per 
        violation) as the Secretary of Labor determines to be 
        appropriate; and
          (II) the Secretary of State or the Secretary of 
        Homeland Security, as appropriate, shall not approve 
        petitions or applications filed with respect to that 
        employer under section 204, 214(c), 
        101(a)(15)(H)(i)(b1), or 101(a)(15)(E)(iii) or section 
        101(a)(15)(E)(iii) during a period of at least 1 year 
        for aliens to be employed by the employer.
  (ii) If the Secretary of Labor finds, after notice and 
opportunity for a hearing, a willful failure to meet a 
condition of paragraph (1), a willful misrepresentation of 
material fact in an attestation, or a violation of clause 
(iv)--
          (I) the Secretary of Labor shall notify the Secretary 
        of State and the Secretary of Homeland Security of such 
        finding and may, in addition, impose such other 
        administrative remedies (including civil monetary 
        penalties in an amount not to exceed $5,000 per 
        violation as the Secretary of Labor determines to be 
        appropriate; and
          (II) the Secretary of State or the Secretary of 
        Homeland Security, as appropriate, shall not approve 
        petitions or applications filed with respect to that 
        employer under section 204, 214(c), 
        101(a)(15)(H)(i)(b1), or 101(a)(15)(E)(iii) or section 
        101(a)(15)(E)(iii) during a period of at least 2 years 
        for aliens to be employed by the employer.
  (iii) If the Secretary of Labor finds, after notice and 
opportunity for a hearing, a willful failure to meet a 
condition of paragraph (1) or a willful misrepresentation of 
material fact in an attestation, in the course of which failure 
or misrepresentation the employer displaced a United States 
worker employed by the employer within the period beginning 90 
days before and ending 90 days after the date of filing of any 
visa petition or application supported by the attestation--
          (I) the Secretary of Labor shall notify the Secretary 
        of State and the Secretary of Homeland Security of such 
        finding and may, in addition, impose such other 
        administrative remedies (including civil monetary 
        penalties in an amount not to exceed $35,000 per 
        violation) as the Secretary of Labor determines to be 
        appropriate; and
          (II) the Secretary of State or the Secretary of 
        Homeland Security, as appropriate, shall not approve 
        petitions or applications filed with respect to that 
        employer under section 204, 214(c), 
        101(a)(15)(H)(i)(b1), or 101(a)(15)(E)(iii) or section 
        101(a)(15)(E)(iii) during a period of at least 3 years 
        for aliens to be employed by the employer.
  (iv) It is a violation of this clause for an employer who has 
filed an attestation under this subsection to intimidate, 
threaten, restrain, coerce, blacklist, discharge, or in any 
other manner discriminate against an employee (which term, for 
purposes of this clause, includes a former employee and an 
applicant for employment) because the employee has disclosed 
information to the employer, or to any other person, that the 
employee reasonably believes evidences a violation of this 
subsection, or any rule or regulation pertaining to this 
subsection, or because the employee cooperates or seeks to 
cooperate in an investigation or other proceeding concerning 
the employer's compliance with the requirements of this 
subsection or any rule or regulation pertaining to this 
subsection.
  (v) The Secretary of Labor and the Secretary of Homeland 
Security shall devise a process under which a nonimmigrant 
under section 101(a)(15)(H)(i)(b1) or section 
101(a)(15)(E)(iii) who files a complaint regarding a violation 
of clause (iv) and is otherwise eligible to remain and work in 
the United States may be allowed to seek other appropriate 
employment in the United States for a period not to exceed the 
maximum period of stay authorized for such nonimmigrant 
classification.
  (vi)(I) It is a violation of this clause for an employer who 
has filed an attestation under this subsection to require a 
nonimmigrant under section 101(a)(15)(H)(i)(b1) or section 
101(a)(15)(E)(iii) to pay a penalty for ceasing employment with 
the employer prior to a date agreed to by the nonimmigrant and 
the employer. The Secretary of Labor shall determine whether a 
required payment is a penalty (and not liquidated damages) 
pursuant to relevant State law.
  (II) If the Secretary of Labor finds, after notice and 
opportunity for a hearing, that an employer has committed a 
violation of this clause, the Secretary of Labor may impose a 
civil monetary penalty of $1,000 for each such violation and 
issue an administrative order requiring the return to the 
nonimmigrant of any amount paid in violation of this clause, 
or, if the nonimmigrant cannot be located, requiring payment of 
any such amount to the general fund of the Treasury.
  (vii)(I) It is a failure to meet a condition of paragraph 
(1)(A) for an employer who has filed an attestation under this 
subsection and who places a nonimmigrant under section 
101(a)(15)(H)(i)(b1) or section 101(a)(15)(E)(iii) designated 
as a full-time employee in the attestation, after the 
nonimmigrant has entered into employment with the employer, in 
nonproductive status due to a decision by the employer (based 
on factors such as lack of work), or due to the nonimmigrant's 
lack of a permit or license, to fail to pay the nonimmigrant 
full-time wages in accordance with paragraph (1)(A) for all 
such nonproductive time.
  (II) It is a failure to meet a condition of paragraph (1)(A) 
for an employer who has filed an attestation under this 
subsection and who places a nonimmigrant under section 
101(a)(15)(H)(i)(b1) or section 101(a)(15)(E)(iii) designated 
as a part-time employee in the attestation, after the 
nonimmigrant has entered into employment with the employer, in 
nonproductive status under circumstances described in subclause 
(I), to fail to pay such a nonimmigrant for such hours as are 
designated on the attestation consistent with the rate of pay 
identified on the attestation.
  (III) In the case of a nonimmigrant under section 
101(a)(15)(H)(i)(b1) or section 101(a)(15)(E)(iii) who has not 
yet entered into employment with an employer who has had 
approved an attestation under this subsection with respect to 
the nonimmigrant, the provisions of subclauses (I) and (II) 
shall apply to the employer beginning 30 days after the date 
the nonimmigrant first is admitted into the United States, or 
60 days after the date the nonimmigrant becomes eligible to 
work for the employer in the case of a nonimmigrant who is 
present in the United States on the date of the approval of the 
attestation filed with the Secretary of Labor.
  (IV) This clause does not apply to a failure to pay wages to 
a nonimmigrant under section 101(a)(15)(H)(i)(b1) or section 
101(a)(15)(E)(iii) for nonproductive time due to non-work-
related factors, such as the voluntary request of the 
nonimmigrant for an absence or circumstances rendering the 
nonimmigrant unable to work.
  (V) This clause shall not be construed as prohibiting an 
employer that is a school or other educational institution from 
applying to a nonimmigrant under section 101(a)(15)(H)(i)(b1) 
or section 101(a)(15)(E)(iii) an established salary practice of 
the employer, under which the employer pays to nonimmigrants 
under section 101(a)(15)(H)(i)(b1) or section 
101(a)(15)(E)(iii) and United States workers in the same 
occupational classification an annual salary in disbursements 
over fewer than 12 months, if--
          (aa) the nonimmigrant agrees to the compressed annual 
        salary payments prior to the commencement of the 
        employment; and
          (bb) the application of the salary practice to the 
        nonimmigrant does not otherwise cause the nonimmigrant 
        to violate any condition of the nonimmigrant's 
        authorization under this Act to remain in the United 
        States.
  (VI) This clause shall not be construed as superseding clause 
(viii).
  (viii) It is a failure to meet a condition of paragraph 
(1)(A) for an employer who has filed an attestation under this 
subsection to fail to offer to a nonimmigrant under section 
101(a)(15)(H)(i)(b1) or section 101(a)(15)(E)(iii), during the 
nonimmigrant's period of authorized employment, benefits and 
eligibility for benefits (including the opportunity to 
participate in health, life, disability, and other insurance 
plans; the opportunity to participate in retirement and savings 
plans; and cash bonuses and non-cash compensation, such as 
stock options (whether or not based on performance)) on the 
same basis, and in accordance with the same criteria, as the 
employer offers to United States workers.
  (D) If the Secretary of Labor finds, after notice and 
opportunity for a hearing, that an employer has not paid wages 
at the wage level specified in the attestation and required 
under paragraph (1), the Secretary of Labor shall order the 
employer to provide for payment of such amounts of back pay as 
may be required to comply with the requirements of paragraph 
(1), whether or not a penalty under subparagraph (C) has been 
imposed.
  (E) The Secretary of Labor may, on a case-by-case basis, 
subject an employer to random investigations for a period of up 
to 5 years, beginning on the date on which the employer is 
found by the Secretary of Labor to have committed a willful 
failure to meet a condition of paragraph (1) or to have made a 
willful misrepresentation of material fact in an attestation. 
The authority of the Secretary of Labor under this subparagraph 
shall not be construed to be subject to, or limited by, the 
requirements of subparagraph (A).
  (F) Nothing in this subsection shall be construed as 
superseding or preempting any other enforcement-related 
authority under this Act (such as the authorities under section 
274B), or any other Act.
  (4) For purposes of this subsection:
          (A) The term ``area of employment'' means the area 
        within normal commuting distance of the worksite or 
        physical location where the work of the nonimmigrant 
        under section 101(a)(15)(H)(i)(b1) or section 
        101(a)(15)(E)(iii) is or will be performed. If such 
        worksite or location is within a Metropolitan 
        Statistical Area, any place within such area is deemed 
        to be within the area of employment.
          (B) In the case of an attestation with respect to one 
        or more nonimmigrants under section 
        101(a)(15)(H)(i)(b1) or section 101(a)(15)(E)(iii) by 
        an employer, the employer is considered to ``displace'' 
        a United States worker from a job if the employer lays 
        off the worker from a job that is essentially the 
        equivalent of the job for which the nonimmigrant or 
        nonimmigrants is or are sought. A job shall not be 
        considered to be essentially equivalent of another job 
        unless it involves essentially the same 
        responsibilities, was held by a United States worker 
        with substantially equivalent qualifications and 
        experience, and is located in the same area of 
        employment as the other job.
          (C)(i) The term ``lays off'', with respect to a 
        worker--
                  (I) means to cause the worker's loss of 
                employment, other than through a discharge for 
                inadequate performance, violation of workplace 
                rules, cause, voluntary departure, voluntary 
                retirement, or the expiration of a grant or 
                contract; but
                  (II) does not include any situation in which 
                the worker is offered, as an alternative to 
                such loss of employment, a similar employment 
                opportunity with the same employer at 
                equivalent or higher compensation and benefits 
                than the position from which the employee was 
                discharged, regardless of whether or not the 
                employee accepts the offer.
          (ii) Nothing in this subparagraph is intended to 
        limit an employee's rights under a collective 
        bargaining agreement or other employment contract.
          (D) The term ``United States worker'' means an 
        employee who--
                  (i) is a citizen or national of the United 
                States; or
                  (ii) is an alien who is lawfully admitted for 
                permanent residence, is admitted as a refugee 
                under section 207 of this title, is granted 
                asylum under section 208, or is an immigrant 
                otherwise authorized, by this Act or by the 
                Secretary of Homeland Security, to be employed.
  (t)(1) Except as provided in paragraph (2), no person 
admitted under section 101(a)(15)(Q)(ii)(I), or acquiring such 
status after admission, shall be eligible to apply for 
nonimmigrant status, an immigrant visa, or permanent residence 
under this Act until it is established that such person has 
resided and been physically present in the person's country of 
nationality or last residence for an aggregate of at least 2 
years following departure from the United States.
  (2) The Secretary of Homeland Security may waive the 
requirement of such 2-year foreign residence abroad if the 
Secretary determines that--
          (A) departure from the United States would impose 
        exceptional hardship upon the alien's spouse or child 
        (if such spouse or child is a citizen of the United 
        States or an alien lawfully admitted for permanent 
        residence); or
          (B) the admission of the alien is in the public 
        interest or the national interest of the United States.

           *       *       *       *       *       *       *


   Chapter 4--Inspection, Apprehension, Examination, Exclusion, and 
Removal

           *       *       *       *       *       *       *



                  general classes of deportable aliens

  Sec. 237. (a) Classes of Deportable Aliens.--Any alien 
(including an alien crewman) in and admitted to the United 
States shall, upon the order of the Attorney General, be 
removed if the alien is within one or more of the following 
classes of deportable aliens:
          (1) Inadmissible at time of entry or of adjustment of 
        status or violates status.--
                  (A) Inadmissible aliens.--Any alien who at 
                the time of entry or adjustment of status was 
                within one or more of the classes of aliens 
                inadmissible by the law existing at such time 
                is deportable.
                  (B) Present in violation of law.--Any alien 
                who is present in the United States in 
                violation of this Act or any other law of the 
                United States, or whose nonimmigrant visa (or 
                other documentation authorizing admission into 
                the United States as a nonimmigrant) has been 
                revoked under section 221(i), is deportable.
                  (C) Violated nonimmigrant status or condition 
                of entry.--
                          (i) Nonimmigrant status violators.--
                        Any alien who was admitted as a 
                        nonimmigrant and who has failed to 
                        maintain the nonimmigrant status in 
                        which the alien was admitted or to 
                        which it was changed under section 248, 
                        or to comply with the conditions of any 
                        such status, is deportable.
                          (ii) Violators of conditions of 
                        entry.--Any alien whom the Secretary of 
                        Health and Human Services certifies has 
                        failed to comply with terms, 
                        conditions, and controls that were 
                        imposed under section 212(g) is 
                        deportable.
                  (D) Termination of conditional permanent 
                residence.--
                          (i) In general.--Any alien with 
                        permanent resident status on a 
                        conditional basis under section 216 
                        (relating to conditional permanent 
                        resident status for certain alien 
                        spouses and sons and daughters) or 
                        under section 216A (relating to 
                        conditional permanent resident status 
                        for certain alien entrepreneurs, 
                        spouses, and children) who has had such 
                        status terminated under such respective 
                        section is deportable.
                          (ii) Exception.--Clause (i) shall not 
                        apply in the cases described in section 
                        216(c)(4) (relating to certain hardship 
                        waivers).
                  (E) Smuggling.--
                          (i) In general.--Any alien who (prior 
                        to the date of entry, at the time of 
                        any entry, or within 5 years of the 
                        date of any entry) knowingly has 
                        encouraged, induced, assisted, abetted, 
                        or aided any other alien to enter or to 
                        try to enter the United States in 
                        violation of law is deportable.
                          (ii) Special rule in the case of 
                        family reunification.--Clause (i) shall 
                        not apply in the case of alien who is 
                        an eligible immigrant (as defined in 
                        section 301(b)(1) of the Immigration 
                        Act of 1990), was physically present in 
                        the United States on May 5, 1988, and 
                        is seeking admission as an immediate 
                        relative or under section 203(a)(2) 
                        (including under section 112 of the 
                        Immigration Act of 1990) or benefits 
                        under section 301(a) of the Immigration 
                        Act of 1990 if the alien, before May 5, 
                        1988, has encouraged, induced, 
                        assisted, abetted, or aided only the 
                        alien's spouse, parent, son, or 
                        daughter (and no other individual) to 
                        enter the United States in violation of 
                        law.
                          (iii) Waiver authorized.--The 
                        Attorney General may, in his discretion 
                        for humanitarian purposes, to assure 
                        family unity, or when it is otherwise 
                        in the public interest, waive 
                        application of clause (i) in the case 
                        of any alien lawfully admitted for 
                        permanent residence if the alien has 
                        encouraged, induced, assisted, abetted, 
                        or aided only an individual who at the 
                        time of the offense was the alien's 
                        spouse, parent, son, or daughter (and 
                        no other individual) to enter the 
                        United States in violation of law.
                  (F)
                  (G) Marriage fraud.--An alien shall be 
                considered to be deportable as having procured 
                a visa or other documentation by fraud (within 
                the meaning of section 212(a)(6)(C)(i)) and to 
                be in the United States in violation of this 
                Act (within the meaning of subparagraph (B)) 
                if--
                          (i) the alien obtains any admission 
                        into the United States with an 
                        immigrant visa or other documentation 
                        procured on the basis of a marriage 
                        entered into less than 2 years prior to 
                        such admission of the alien and which, 
                        within 2 years subsequent to any 
                        admission of the alien in the United 
                        States, shall be judicially annulled or 
                        terminated, unless the alien 
                        establishes to the satisfaction of the 
                        Attorney General that such marriage was 
                        not contracted for the purpose of 
                        evading any provisions of the 
                        immigration laws, or
                          (ii) it appears to the satisfaction 
                        of the Attorney General that the alien 
                        has failed or refused to fulfill the 
                        alien's marital agreement which in the 
                        opinion of the Attorney General was 
                        made for the purpose of procuring the 
                        alien's admission as an immigrant.
                  (H) Waiver authorized for certain 
                misrepresentations.--The provisions of this 
                paragraph relating to the removal of aliens 
                within the United States on the ground that 
                they were inadmissible at the time of admission 
                as aliens described in section 212(a)(6)(C)(i), 
                whether willful or innocent, may, in the 
                discretion of the Attorney General, be waived 
                for any alien (other than an alien described in 
                paragraph (4)(D)) who--
                          (i)(I) is the spouse, parent, son, or 
                        daughter of a citizen of the United 
                        States or of an alien lawfully admitted 
                        to the United States for permanent 
                        residence; and
                          (II) was in possession of an 
                        immigrant visa or equivalent document 
                        and was otherwise admissible to the 
                        United States at the time of such 
                        admission except for those grounds of 
                        inadmissibility specified under 
                        paragraphs (5)(A) and (7)(A) of section 
                        212(a) which were a direct result of 
                        that fraud or misrepresentation.
                          (ii) is a VAWA self-petitioner.
                A waiver of removal for fraud or 
                misrepresentation granted under this 
                subparagraph shall also operate to waive 
                removal based on the grounds of inadmissibility 
                directly resulting from such fraud or 
                misrepresentation.
          (2) Criminal offenses.--
                  (A) General crimes.--
                          (i) Crimes of moral turpitude.--Any 
                        alien who--
                                  (I) is convicted of a crime 
                                involving moral turpitude 
                                committed within five years (or 
                                10 years in the case of an 
                                alien provided lawful permanent 
                                resident status under section 
                                245(j)) after the date of 
                                admission, and
                                  (II) is convicted of a crime 
                                for which a sentence of one 
                                year or longer may be imposed,
                        is deportable.
                          (ii) Multiple criminal convictions.--
                        Any alien who at any time after 
                        admission is convicted of two or more 
                        crimes involving moral turpitude, not 
                        arising out of a single scheme of 
                        criminal misconduct, regardless of 
                        whether confined therefor and 
                        regardless of whether the convictions 
                        were in a single trial, is deportable.
                          (iii) Aggravated felony.--Any alien 
                        who is convicted of an aggravated 
                        felony at any time after admission is 
                        deportable.
                          (iv) High speed flight.--Any alien 
                        who is convicted of a violation of 
                        section 758 of title 18, United States 
                        Code (relating to high speed flight 
                        from an immigration checkpoint), is 
                        deportable.
                          (v) Failure to register as a sex 
                        offender.--Any alien who is convicted 
                        under section 2250 of title 18, United 
                        States Code, is deportable.
                          (vi) Waiver authorized.--Clauses (i), 
                        (ii), and (iii) shall not apply in the 
                        case of an alien with respect to a 
                        criminal conviction if the alien 
                        subsequent to the criminal conviction 
                        has been granted a full and 
                        unconditional pardon by the President 
                        of the United States or by the Governor 
                        of any of the several States.
                  (B) Controlled substances.--
                          (i) Conviction.--Any alien who at any 
                        time after admission has been convicted 
                        of a violation of (or a conspiracy or 
                        attempt to violate) any law or 
                        regulation of a State, the United 
                        States, or a foreign country relating 
                        to a controlled substance (as defined 
                        in section 102 of the Controlled 
                        Substances Act (21 U.S.C. 802)), other 
                        than a single offense involving 
                        possession for one's own use of 30 
                        grams or less of marijuana, is 
                        deportable.
                          (ii) Drug abusers and addicts.--Any 
                        alien who is, or at any time after 
                        admission has been, a drug abuser or 
                        addict is deportable.
                  (C) Certain firearm offenses.--Any alien who 
                at any time after admission is convicted under 
                any law of purchasing, selling, offering for 
                sale, exchanging, using, owning, possessing, or 
                carrying, or of attempting or conspiring to 
                purchase, sell, offer for sale, exchange, use, 
                own, possess, or carry, any weapon, part, or 
                accessory which is a firearm or destructive 
                device (as defined in section 921(a) of title 
                18, United States Code) in violation of any law 
                is deportable.
                  (D) Miscellaneous crimes.--Any alien who at 
                any time has been convicted (the judgment on 
                such conviction becoming final) of, or has been 
                so convicted of a conspiracy or attempt to 
                violate--
                          (i) any offense under chapter 37 
                        (relating to espionage), chapter 105 
                        (relating to sabotage), or chapter 115 
                        (relating to treason and sedition) of 
                        title 18, United States Code, for which 
                        a term of imprisonment of five or more 
                        years may be imposed;
                          (ii) any offense under section 871 or 
                        960 of title 18, United States Code;
                          (iii) a violation of any provision of 
                        the Military Selective Service Act (50 
                        U.S.C. App. 451 et seq.) or the Trading 
                        With the Enemy Act (50 U.S.C. App. 1 et 
                        seq.); or
                          (iv) a violation of section 215 or 
                        278 of this Act,
                is deportable.
                  (E) Crimes of domestic violence, stalking, or 
                violation of protection order, crimes against 
                children and.--
                          (i) Domestic violence, stalking, and 
                        child abuse.--Any alien who at any time 
                        after admission is convicted of a crime 
                        of domestic violence, a crime of 
                        stalking, or a crime of child abuse, 
                        child neglect, or child abandonment is 
                        deportable. For purposes of this 
                        clause, the term ``crime of domestic 
                        violence'' means any crime of violence 
                        (as defined in section 16 of title 18, 
                        United States Code) against a person 
                        committed by a current or former spouse 
                        of the person, by an individual with 
                        whom the person shares a child in 
                        common, by an individual who is 
                        cohabiting with or has cohabited with 
                        the person as a spouse, by an 
                        individual similarly situated to a 
                        spouse of the person under the domestic 
                        or family violence laws of the 
                        jurisdiction where the offense occurs, 
                        or by any other individual against a 
                        person who is protected from that 
                        individual's acts under the domestic or 
                        family violence laws of the United 
                        States or any State, Indian tribal 
                        government, or unit of local 
                        government.
                          (ii) Violators of protection 
                        orders.--Any alien who at any time 
                        after admission is enjoined under a 
                        protection order issued by a court and 
                        whom the court determines has engaged 
                        in conduct that violates the portion of 
                        a protection order that involves 
                        protection against credible threats of 
                        violence, repeated harassment, or 
                        bodily injury to the person or persons 
                        for whom the protection order was 
                        issued is deportable. For purposes of 
                        this clause, the term ``protection 
                        order'' means any injunction issued for 
                        the purpose of preventing violent or 
                        threatening acts of domestic violence, 
                        including temporary or final orders 
                        issued by civil or criminal courts 
                        (other than support or child custody 
                        orders or provisions) whether obtained 
                        by filing an independent action or as a 
                        pendente lite order in another 
                        proceeding.
                  (F) Trafficking.--Any alien described in 
                section 212(a)(2)(H) is deportable.
                  (G) Evading arrest or detention while 
                operating a motor vehicle.--Any alien who has 
                been convicted of, who admits having committed, 
                or who admits committing acts which constitute 
                the essential elements of a violation of 
                section 40B(a) of title 18, United States Code, 
                is deportable.
          (3) Failure to register and falsification of 
        documents.--
                  (A) Change of address.--An alien who has 
                failed to comply with the provisions of section 
                265 is deportable, unless the alien establishes 
                to the satisfaction of the Attorney General 
                that such failure was reasonably excusable or 
                was not willful.
                  (B) Failure to register or falsification of 
                documents.--Any alien who at any time has been 
                convicted--
                          (i) under section 266(c) of this Act 
                        or under section 36(c) of the Alien 
                        Registration Act, 1940,
                          (ii) of a violation of, or an attempt 
                        or a conspiracy to violate, any 
                        provision of the Foreign Agents 
                        Registration Act of 1938 (22 U.S.C. 611 
                        et seq.), or
                          (iii) of a violation of, or an 
                        attempt or a conspiracy to violate, 
                        section 1546 of title 18, United States 
                        Code (relating to fraud and misuse of 
                        visas, permits, and other entry 
                        documents),
                is deportable.
                  (C) Document fraud.--
                          (i) In general.--An alien who is the 
                        subject of a final order for violation 
                        of section 274C is deportable.
                          (ii) Waiver authorized.--The Attorney 
                        General may waive clause (i) in the 
                        case of an alien lawfully admitted for 
                        permanent residence if no previous 
                        civil money penalty was imposed against 
                        the alien under section 274C and the 
                        offense was incurred solely to assist, 
                        aid, or support the alien's spouse or 
                        child (and no other individual). No 
                        court shall have jurisdiction to review 
                        a decision of the Attorney General to 
                        grant or deny a waiver under this 
                        clause.
                  (D) Falsely claiming citizenship.--
                          (i) In general.--Any alien who 
                        falsely represents, or has falsely 
                        represented, himself to be a citizen of 
                        the United States for any purpose or 
                        benefit under this Act (including 
                        section 274A) or any Federal or State 
                        law is deportable.
                          (ii) Exception.--In the case of an 
                        alien making a representation described 
                        in clause (i), if each natural parent 
                        of the alien (or, in the case of an 
                        adopted alien, each adoptive parent of 
                        the alien) is or was a citizen (whether 
                        by birth or naturalization), the alien 
                        permanently resided in the United 
                        States prior to attaining the age of 
                        16, and the alien reasonably believed 
                        at the time of making such 
                        representation that he or she was a 
                        citizen, the alien shall not be 
                        considered to be deportable under any 
                        provision of this subsection based on 
                        such representation.
          (4) Security and related grounds.--
                  (A) In general.--Any alien who has engaged, 
                is engaged, or at any time after admission 
                engages in--
                          (i) any activity to violate any law 
                        of the United States relating to 
                        espionage or sabotage or to violate or 
                        evade any law prohibiting the export 
                        from the United States of goods, 
                        technology, or sensitive information,
                          (ii) any other criminal activity 
                        which endangers public safety or 
                        national security, or
                          (iii) any activity a purpose of which 
                        is the opposition to, or the control or 
                        overthrow of, the Government of the 
                        United States by force, violence, or 
                        other unlawful means,
                is deportable.
                  (B) Terrorist activities.--Any alien who is 
                described in subparagraph (B) or (F) of section 
                212(a)(3) is deportable.
                  (C) Foreign policy.--
                          (i) In general.--An alien whose 
                        presence or activities in the United 
                        States the Secretary of State has 
                        reasonable ground to believe would have 
                        potentially serious adverse foreign 
                        policy consequences for the United 
                        States is deportable.
                          (ii) Exceptions.--The exceptions 
                        described in clauses (ii) and (iii) of 
                        section 212(a)(3)(C) shall apply to 
                        deportability under clause (i) in the 
                        same manner as they apply to 
                        inadmissibility under section 
                        212(a)(3)(C)(i).
                  (D) Participated in nazi persecution, 
                genocide, or the commission of any act of 
                torture or extrajudicial killing.--Any alien 
                described in clause (i), (ii), or (iii) of 
                section 212(a)(3)(E) is deportable.
                  (E) Participated in the commission of severe 
                violations of religious freedom.--Any alien 
                described in section 212(a)(2)(G) is 
                deportable.
                  (F) Recruitment or use of child soldiers.--
                Any alien who has engaged in the recruitment or 
                use of child soldiers in violation of section 
                2442 of title 18, United States Code, is 
                deportable.
          (5) Public charge.--Any alien who, within five years 
        after the date of entry, has become a public charge 
        from causes not affirmatively shown to have arisen 
        since entry is deportable.
          (6) Unlawful voters.--
                  (A) In general.--Any alien who has voted in 
                violation of any Federal, State, or local 
                constitutional provision, statute, ordinance, 
                or regulation is deportable.
                  (B) Exception.--In the case of an alien who 
                voted in a Federal, State, or local election 
                (including an initiative, recall, or 
                referendum) in violation of a lawful 
                restriction of voting to citizens, if each 
                natural parent of the alien (or, in the case of 
                an adopted alien, each adoptive parent of the 
                alien) is or was a citizen (whether by birth or 
                naturalization), the alien permanently resided 
                in the United States prior to attaining the age 
                of 16, and the alien reasonably believed at the 
                time of such violation that he or she was a 
                citizen, the alien shall not be considered to 
                be deportable under any provision of this 
                subsection based on such violation.
          (7) Waiver for victims of domestic violence.--
                  (A) In general.--The Attorney General is not 
                limited by the criminal court record and may 
                waive the application of paragraph (2)(E)(i) 
                (with respect to crimes of domestic violence 
                and crimes of stalking) and (ii) in the case of 
                an alien who has been battered or subjected to 
                extreme cruelty and who is not and was not the 
                primary perpetrator of violence in the 
                relationship--
                          (i) upon a determination that--
                                  (I) the alien was acting is 
                                self-defense;
                                  (II) the alien was found to 
                                have violated a protection 
                                order intended to protect the 
                                alien; or
                                  (III) the alien committed, 
                                was arrested for, was convicted 
                                of, or pled guilty to 
                                committing a crime--
                                          (aa) that did not 
                                        result in serious 
                                        bodily injury; and
                                          (bb) where there was 
                                        a connection between 
                                        the crime and the 
                                        alien's having been 
                                        battered or subjected 
                                        to extreme cruelty.
                  (B) Credible evidence considered.--In acting 
                on applications under this paragraph, the 
                Attorney General shall consider any credible 
                evidence relevant to the application. The 
                determination of what evidence is credible and 
                the weight to be given that evidence shall be 
                within the sole discretion of the Attorney 
                General.
  (b) An alien, admitted as an nonimmigrant under the 
provisions of either section 101(a)(15)(A)(i) or 
101(a)(15)(G)(i), and who fails to maintain a status under 
either of those provisions, shall not be required to depart 
from the United States without the approval of the Secretary of 
State, unless such alien is subject to deportation under 
paragraph (4) of subsection (a).
  (c) Paragraphs (1)(A), (1)(B), (1)(C), (1)(D), and (3)(A) of 
subsection (a) (other than so much of paragraph (1) as relates 
to a ground of inadmissibility described in paragraph (2) or 
(3) of section 212(a)) shall not apply to a special immigrant 
described in section 101(a)(27)(J) based upon circumstances 
that existed before the date the alien was provided such 
special immigrant status.
  (d)(1) If the Secretary of Homeland Security determines that 
an application for nonimmigrant status under subparagraph (T) 
or (U) of section 101(a)(15) filed for an alien in the United 
States sets forth a prima facie case for approval, the 
Secretary may grant the alien an administrative stay of a final 
order of removal under section 241(c)(2) until--
          (A) the application for nonimmigrant status under 
        such subparagraph (T) or (U) is approved; or
          (B) there is a final administrative denial of the 
        application for such nonimmigrant status after the 
        exhaustion of administrative appeals.
  (2) The denial of a request for an administrative stay of 
removal under this subsection shall not preclude the alien from 
applying for a stay of removal, deferred action, or a 
continuance or abeyance of removal proceedings under any other 
provision of the immigration laws of the United States.
  (3) During any period in which the administrative stay of 
removal is in effect, the alien shall not be removed.
  (4) Nothing in this subsection may be construed to limit the 
authority of the Secretary of Homeland Security or the Attorney 
General to grant a stay of removal or deportation in any case 
not described in this subsection.

           *       *       *       *       *       *       *


                            Dissenting Views

    H.R. 5585, the ``Agent Raul Gonzalez Officer Safety Act,'' 
would establish criminal and immigration penalties for flight 
in a motor vehicle from a pursuing U.S. Border Patrol agent or 
any federal, state, or local law enforcement assisting in such 
pursuit.

                             I. Background

    The United States' border region has long borne the brunt 
of the most aggressive immigration enforcement efforts, 
including high-speed vehicle pursuits by Border Patrol agents 
that too often end in serious injuries and death, most often 
for those being pursued.\1\ The number of fatalities resulting 
from Border Patrol vehicle pursuits grew from 2 deaths in 2019 
to 22 in 2021.\2\ Although law enforcement agencies across the 
country have increasingly restricted when vehicle pursuits 
could be undertaken, high speed chases along the border have 
continued to rise. And while many agencies issued policies 
authorizing chases only when there is an immediate risk of 
danger to the public, U.S. Customs and Border Protection (CBP) 
was slow to revise its own pursuit policy.
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    \1\Sheff, R., Inherent Risks: Policy Analysis and Recommendations 
on Revised CBP Vehicle Pursuit Policy, ACLU of New Mexico and ACLU of 
Texas (June 2023).
    \2\Fact Sheet: The Deadly Trend of Border Patrol Vehicle Pursuits, 
ACLU of New Mexico and ACLU of Texas.
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    In 2021, following years of public outcry, CBP began making 
efforts to update its high- speed vehicle pursuit policies to 
better align with public safety concerns.\3\ In September of 
2022, several members of Congress (led by Representative 
Veronica Escobar (D TX)) wrote a letter to the Commissioner and 
Deputy Commissioner of U.S. Customs and Border Protection 
pointing out the urgent need to revise the agency's vehicle 
pursuit policy following the deaths of 44 people, including 
citizens, migrants, and innocent bystanders in the preceding 
two years.\4\
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    \3\U.S. Customs and Border Protection Emergency Driving and 
Vehicular Pursuits 4510-026A, U.S. Customs and Border Protection (May 
2023).
    \4\U.S. Congress, House of Representatives, letter to Commissioner 
Chris Magnus and Deputy Commissioner, U.S. Customs and Border 
Protection (September 13, 2022).
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    CBP's Law Enforcement Safety and Compliance (LESC) 
Directorate ultimately conducted an extensive review of vehicle 
pursuit policies.\5\ The review examined trends, statistics, 
and outcomes associated with CBP pursuits and culminated in 
several recommendations for improvement.\6\ Based on the review 
and resulting recommendations, the policy that governed CBP 
vehicular pursuits was updated to reflect that vehicular 
pursuits pose inherent risks to members of the public, officers 
and agents, and vehicle occupants. The newly revised CBP 
Emergency Driving and Vehicular Pursuits Directive (ED-VP) was 
published In January of 2023 and became effective in May of 
that year.
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    \5\U.S. Customs and Border Protection, letter to the Honorable 
Veronica Escobar, House of Representatives.
    \6\Id.
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    The updated ED-VP acknowledges the risks and shifts the 
agency's overall approach to a risk-based model when pursuits 
occur. Most importantly, the ED-VP adopts a `` reasonableness'' 
standard that is familiar to, and found throughout, most law 
enforcement agencies across the United States.\7\ The ED-VP 
also requires application of a Graham Factors Analysis to 
vehicular pursuits (identical to the requirement already 
established under CBP's use of force directive).\8\ The ED-VP 
entrusts agents, officers, and their supervisors with the 
ability to conduct pursuits based on their analysis of risk 
factors, encourages them to consider other available means of 
apprehending suspects, and reaffirms the overall law 
enforcement need to conduct pursuits. The ED-VP further 
clarifies the role of supervisors and establishes clear 
reporting requirements to ensure continuous learning and 
performance improvements over time.
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    \7\Id.
    \8\See Graham v. Connor, which is used to measure the justification 
of use of force by law enforcement officers based upon severity of the 
crime committed by a subject, the immediacy of threat posed by a 
subject, and the level of resistance encountered from a subject while 
considering the foreseeable risk of injury to officers/agents and 
others.
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    The ED-VP provides a framework for weighing the risks of 
conducting pursuits, such as danger to the public, against the 
law enforcement benefit or need. The ED-VP further provides 
factors to consider when deciding whether a vehicle should be 
pursued, and when a pursuit should be terminated. Many of these 
risk factors are self-evident, including road and weather 
conditions, speed, and nearby population centers. Officers and 
agents must now consider the government's interest in 
immediately apprehending an individual, including the severity 
of the crime at issue and the level of threat posed by the 
individual. The policy prohibits officers and agents from 
initiating or continuing pursuit of a vehicle that is exceeding 
the speed limit and appears to be overloaded, unless they have 
probable cause that a felony involving the use, or threatened 
use, of physical force or violence that poses an imminent 
threat has been or is about to be committed, and a reasonable 
belief that the immediate need to apprehend clearly outweighs 
the inherent risks.

                II. Concerns Regarding This Legislation

    H.R. 5585 is a solution in search of a problem. The ACLU's 
CBP Fatal Encounter tracker reported 107 total deaths of non-
law enforcement officers that resulted from Border Patrol-
involved vehicle pursuits between January 2010 and November 
2023. In the absence of a hearing on this issue, very little 
information is publicly available about the number of Border 
Patrol agents who have been killed in high-speed chases. 
Notably, the proposed legislation is named in honor of Border 
Patrol agent, Raul Gonzalez, Jr., who was killed in an ATV 
accident while tracking a group of migrants in December of 
2022. However, the facts are unclear as to whether Agent 
Gonzalez was involved in a high-speed pursuit at the time of 
the crash or even if the migrants he pursued were in a vehicle 
at the time of the incident.
    It is also important to note that in many of the pursuits 
that occur near the border, migrants in the vehicle being 
pursued have little to no control over the vehicle they are 
being transported in and are typically not suspected of 
committing an offense more serious than misdemeanor entry 
without inspection. And in the vast majority of these pursuits, 
the risks taken, and the harm caused, are largely 
disproportionate to any suspected criminal activity.
    Moreover, the bill attempts to create a new criminal 
offense without defining facts that would make otherwise lawful 
conduct unlawful. As drafted, the bill does not require a nexus 
between the flight and knowledge or criminal intent, such as a 
refusal to heed a law enforcement officer's visual or audible 
signal to initiate a vehicle stop. And despite repeated 
references to thedangers associated with high-speed chases 
during the markup, the bill does not require high-speed flight, such as 
speed exceeding the posted speed limit.
    Even overlooking the vague definition of the offense as 
proposed, prosecutors would be required to prove not that the 
Border Patrol agent was acting within their duties as an agent 
or employee but that the agent had the legal authority to 
engage in a pursuit--which is a considerably more involved 
question. In other words, a factfinder would have to determine 
whether the agent was abiding by laws and regulations in effect 
at the time of the pursuit.
    Representative Sheila Jackson Lee (D-TX) offered an 
amendment at the markup that would have required proof that a 
pursuing Border Patrol agent was acting within their official 
duties--meaning within the scope of what an agent is employed 
to do. The Jackson Lee amendment's proposed language mirrored 
existing federal criminal statutes that prohibit the commission 
of various offenses, including assault, murder, and 
manslaughter, perpetrated against officers and employees of the 
United States, and foreign officials, while engaged in the 
performance of their official duties.
    In addition to its technical deficiencies, H.R. 5585 is of 
great concern because it would also expand mandatory minimum 
penalties that would apply to conduct without proof of intent. 
In general, flight from a Border Patrol agent in a motor 
vehicle would be a felony punishable by not more than two years 
imprisonment and a fine. The bill would require mandatory 
sentences of at least five years and up to ten years, depending 
on whether serious bodily injury or death occurs. These 
mandatory minimum penalties would be triggered without proof 
that a defendant intentionally caused serious bodily injury or 
death.
    Democrats have long opposed the creation of new criminal 
offenses and the imposition and expansion of mandatory minimum 
penalties. Mandatory minimum sentencing schemes undermine the 
overarching directive set forth in 18 U.S.C. 3553(a), which 
directs sentencing judges to consider the totality of the 
circumstances to impose a sentence sufficient but not greater 
than necessary to achieve the goals and purposes of federal 
sentencing. The Jackson Lee amendment would have eliminated the 
mandatory minimum penalties in the bill while maintaining the 
proposed maximum penalties.
    In addition to the concerns regarding the criminal aspects 
of this bill, the immigration portion of this bill is a 
solution in search of a problem. People who are convicted of 
fleeing law enforcement are already deportable and 
inadmissible. U.S. immigration law gives the federal government 
the power to strip lawfully present immigrants of their 
immigration status and to prevent others from gaining entry or 
status.
    Section 212 of the Immigration and Nationality Act (INA) 
provides the reasons a non-citizen may be determined to be 
inadmissible, and Section 237 contains the INA's deportability 
provisions.\10\ Both sections contain similar, but not entirely 
identical grounds, ranging from criminal convictions and 
security/terrorism grounds to foreign policy and public charge-
related grounds. Section 212 applies to individuals who are 
applying for status in the United States, whereas Section 237 
generally applies to individuals who have been lawfully 
admitted into the United States and are lawfully present in the 
United States.
---------------------------------------------------------------------------
    \10\INA Sec. Sec. 212; 237.
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    Section 212(a)(2) and Section 237(a)(2) of the INA contain 
the criminal-related inadmissibility and deportability 
grounds.\11\
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    \11\INA Sec. Sec. 212(a)(2); 237(a)(2).
---------------------------------------------------------------------------
    Section 237(a)(2)(A) renders deportable any noncitizen who 
``is convicted of some crime involving moral turpitude 
committed within five years . . . after the date of 
admission.''\12\ Further, the conviction must be one ``for 
which a sentence of one year or longer may be imposed.''\13\ 
This means that the actual sentence imposed need not be one 
year of imprisonment, but rather that if one is convicted of 
the offense, one could be sentenced to at least one year in 
prison.
---------------------------------------------------------------------------
    \12\INA Sec. Sec. 212(a)(2).
    \13\Id.
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    Section 212(a)(2)(A)(i) is broader--it states that any 
noncitizen ``convicted of, or who admits to committing acts 
which constitute essential elements of . . . a crime involving 
moral turpitude (other than a purely political offense) or an 
attempt or conspiracy to commit such a crime . . . is 
inadmissible.''\14\
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    \14\INA Sec. 212(a)(2)(A)(i).
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    People who are convicted of fleeing law enforcement are 
already deportable and inadmissible. The Board of Immigration 
Appeals, as upheld by multiple appellate circuits, previously 
determined that knowingly fleeing or eluding law enforcement is 
a crime involving moral turpitude (CIMT).\15\ In many 
jurisdictions, such a crime, especially if it results in injury 
or death, is punishable by a year or more in prison. Under 
current immigration law, a CIMT conviction where the crime is 
punishable by one year or more makes an individual deportable, 
and any conviction of or admission to acts constituting a CIMT 
makes an individual inadmissible.
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    \15\See, e.g., Granados v. Garland, 992 F.3d 755 (9th Cir. 2021); 
Cano-Oyarzabal v. Holder, 774 F.3d 914 (7th Cir. 2014) (``Knowingly 
fleeing or attempting to elude an officer is an act wrong in itself and 
therefore a crime involving moral turpitude.'').
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    However, this bill makes a significant change by not 
requiring that an individual be convicted of the crime to 
render them deportable. Right now, if someone commits or admits 
to committing acts constituting the elements of the crime of 
knowingly fleeing or evading law enforcement, they would be 
rendered inadmissible, but to be rendered deportable, 
currently, a conviction is required. This bill would erase that 
conviction requirement--allowing someone to be rendered 
deportable, even if they have never been convicted of a crime.
    The deportability grounds are not about undocumented 
immigrants, who are already removable. They apply only to 
people who are lawfully present in the United States. Without 
requiring a conviction, this raises serious due process 
concerns for longstanding legal residents. At markup, 
Representative Escobar (D-TX) offered an amendment to require a 
conviction before a person can be deported under this new 
ground. Republicans defeated the amendment on a party line 
vote.
    The majority consistently conflated the deportability and 
inadmissibility grounds in their reasoning for opposing the 
amendment. While there are exceptions, the vast majority of the 
deportability grounds require a conviction. That is because 
deportability grounds generally apply to those who are already 
here and came lawfully and have often lived in the United State 
for a long time. As was discussed by Representatives Escobar 
and Jayapal (D-WA), sadly, there are legitimate, non-extralegal 
reasons why an individual might be concerned about being pulled 
over by a Border Patrol officer or law enforcement officer.
    H.R. 5585 is an unnecessary piece of legislation that would 
create new mandatory minimum sentences and have significant 
unintended consequences for long-term residents of this county. 
Instead of working with Democrats to advance bipartisan 
legislation, the Majority has once again advanced a 
fundamentally unserious proposal to close an imaginary gap in 
the law.
    For all of these reasons, I dissent, and I urge all of my 
colleagues to oppose this legislation.
                                            Jerrold Nadler,
                                                    Ranking Member.