[House Report 118-435]
[From the U.S. Government Publishing Office]


118th Congress   }                                      {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                      {      118-435

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



 
STANDING UP TO THE EXECUTIVE BRANCH FOR IMMIGRATION ENFORCEMENT ACT OF 
                                  2024

                                _______
                                

 April 2, 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. 7322]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 7322) to amend the Immigration and Nationality Act 
with respect to enforcement by an attorney general of a State, 
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.........................................................    10
Committee Consideration..........................................    11
Committee Votes..................................................    11
Committee Oversight Findings.....................................    15
New Budget Authority and Tax Expenditures........................    15
Congressional Budget Office Cost Estimate........................    15
Committee Estimate of Budgetary Effects..........................    16
Duplication of Federal Programs..................................    16
Performance Goals and Objectives.................................    16
Advisory on Earmarks.............................................    16
Federal Mandates Statement.......................................    16
Advisory Committee Statement.....................................    16
Applicability to Legislative Branch..............................    17
Section-by-Section Analysis......................................    17
Changes in Existing Law Made by the Bill, as Reported............    17
Dissenting Views.................................................    94

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

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Standing Up to the Executive branch 
for Immigration Enforcement Act of 2024'' or the ``SUE for Immigration 
Enforcement Act of 2024''.

SEC. 2. ENFORCEMENT BY ATTORNEY GENERAL OF A STATE.

  (a) Inspection of Applicants for Admission.--Section 235(b) of the 
Immigration and Nationality Act (8 U.S.C. 1225(b)) is amended--
          (1) by redesignating paragraph (3) as paragraph (4); and
          (2) by inserting after paragraph (2) the following:
          ``(3) Enforcement by attorney general of a state.--The 
        attorney general of a State, or other authorized State officer, 
        alleging a violation of the detention and removal requirements 
        under paragraphs (1) or (2) that harms such State or its 
        residents shall have standing to bring an action against the 
        Secretary of Homeland Security on behalf of such State or the 
        residents of such State in an appropriate district court of the 
        United States to obtain appropriate injunctive relief. The 
        court shall advance on the docket and expedite the disposition 
        of a civil action filed under this paragraph to the greatest 
        extent practicable. For purposes of this paragraph, a State or 
        its residents shall be considered to have been harmed if the 
        State or its residents experience harm, including financial 
        harm in excess of $100.''.
  (b) Apprehension and Detention of Aliens.--Section 236 of the 
Immigration and Nationality Act (8 U.S.C. 1226) is amended--
          (1) in subsection (e)--
                  (A) by striking ``or release''; and
                  (B) by striking ``grant, revocation, or denial'' and 
                insert ``revocation or denial''; and
          (2) by adding at the end the following:
  ``(f) Enforcement by Attorney General of a State.--The attorney 
general of a State, or other authorized State officer, alleging an 
action or decision by the Attorney General or Secretary of Homeland 
Security under this section to release any alien or grant bond or 
parole to any alien that harms such State or its residents shall have 
standing to bring an action against the Attorney General or Secretary 
of Homeland Security on behalf of such State or the residents of such 
State in an appropriate district court of the United States to obtain 
appropriate injunctive relief. The court shall advance on the docket 
and expedite the disposition of a civil action filed under this 
subsection to the greatest extent practicable. For purposes of this 
subsection, a State or its residents shall be considered to have been 
harmed if the State or its residents experience harm, including 
financial harm in excess of $100.''.
  (c) Penalties.--Section 243 of the Immigration and Nationality Act (8 
U.S.C. 1253) is amended by adding at the end the following:
  ``(e) Enforcement by Attorney General of a State.--The attorney 
general of a State, or other authorized State officer, alleging a 
violation of the requirement to discontinue granting visas to citizens, 
subjects, nationals, and residents as described in subsection (d) that 
harms such State or its residents shall have standing to bring an 
action against the Secretary of State on behalf of such State or the 
residents of such State in an appropriate district court of the United 
States to obtain appropriate injunctive relief. The court shall advance 
on the docket and expedite the disposition of a civil action filed 
under this subsection to the greatest extent practicable. For purposes 
of this subsection, a State or its residents shall be considered to 
have been harmed if the State or its residents experience harm, 
including financial harm in excess of $100.''.
  (d) Certain Classes of Aliens.--Section 212(d)(5) of the Immigration 
and Nationality Act (8 U.S.C. 1182(d)(5)) is amended--
          (1) by striking ``Attorney General'' each place it appears 
        and inserting ``Secretary of Homeland Security''; and
          (2) by adding at the end the following:
  ``(C) The attorney general of a State, or other authorized State 
officer, alleging a violation of the limitation under subparagraph (A) 
that parole solely be granted on a case-by-case basis and solely for 
urgent humanitarian reasons or a significant public benefit, that harms 
such State or its residents shall have standing to bring an action 
against the Secretary of Homeland Security on behalf of such State or 
the residents of such State in an appropriate district court of the 
United States to obtain appropriate injunctive relief. The court shall 
advance on the docket and expedite the disposition of a civil action 
filed under this subparagraph to the greatest extent practicable. For 
purposes of this subparagraph, a State or its residents shall be 
considered to have been harmed if the State or its residents experience 
harm, including financial harm in excess of $100.''.
  (e) Detention.--Section 241(a)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1231(a)(2)) is amended--
          (1) by striking ``During the removal period,'' and inserting 
        the following:
                  ``(A) In general.--During the removal period,''; and
          (2) by adding at the end the following:
                  ``(B) Enforcement by attorney general of a state.--
                The attorney general of a State, or other authorized 
                State officer, alleging a violation of the detention 
                requirement under subparagraph (A) that harms such 
                State or its residents shall have standing to bring an 
                action against the Secretary of Homeland Security on 
                behalf of such State or the residents of such State in 
                an appropriate district court of the United States to 
                obtain appropriate injunctive relief. The court shall 
                advance on the docket and expedite the disposition of a 
                civil action filed under this subparagraph to the 
                greatest extent practicable. For purposes of this 
                subparagraph, a State or its residents shall be 
                considered to have been harmed if the State or its 
                residents experience harm, including financial harm in 
                excess of $100.''.
  (f) Limit on Injunctive Relief.--Section 242(f) of the Immigration 
and Nationality Act (8 U.S.C. 1252(f)) is amended by adding at the end 
following:
          ``(3) Certain actions.--Paragraph (1) shall not apply to an 
        action brought pursuant to section 235(b)(3), subsections (e) 
        or (f) of section 236, or section 241(a)(2)(B).''.

                          Purpose and Summary

    H.R. 7322, the Standing Up to the Executive branch for 
Immigration Enforcement Act, or the SUE for Immigration 
Enforcement Act, introduced by Rep. Dan Bishop (R-NC), would 
allow state attorneys general, or other authorized state 
officials, to bring a civil action against the Department of 
Homeland Security (DHS) Secretary, Secretary of State, or 
Attorney General for violations of certain immigration laws 
that harm the state or its residents. The bill allows such 
officials to bring a civil suit for violations of the case-by-
case parole limitation under Immigration and Nationality Act 
(INA) Sec. 212(d)(5), the detention and removal requirements 
under INA Sec. 235, the parole and release limitations under 
INA Sec. 236, the detention requirements under INA 
Sec. 241(a)(2), and the visa sanctions requirements under INA 
Sec. 243. It also expedites the disposition of such civil 
actions.

                Background and Need for the Legislation

    With the unprecedented border crisis, President Biden and 
Secretary Mayorkas have abandoned states and localities that 
bear the brunt of the Administration's open-borders policies. 
In Denver, Colorado, for example, Democrat Mayor Mike Johnston 
warned the city is ``hitting a breaking point at which there's 
just not enough . . . work or housing in the city to support 
this ongoing volume, not to mention the impact on city 
budgets.''\1\ Meanwhile, according to the Texas Attorney 
General, the state of Texas paid between $62 million and $90 
million per year to cover illegal aliens under its Emergency 
Medicaid program.\2\
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    \1\Alayna Alvarez, Denver's migrant crisis hits a ``breaking 
point,'' Axios (Jan. 3, 2024), https://www.axios.com/local/denver/2024/
01/03/migrant-crisis-breaking-point-mike-johnston.
    \2\Press Release, Att'y Gen. of Texas, AG Paxton: Illegal 
Immigration Costs Texas Taxpayers Over $850 Million Each Year (Mar. 31, 
2021), https://www.texasattorneygeneral.gov/news/releases/ag-paxton-
illegal-immigration-costs-texas-taxpayers-over-850-million-each-year.
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    While states have been forced to act alone to address the 
crisis, the Biden Administration has thwarted them every step 
of the way--such as in Texas, where the Administration 
``ask[ed] the Supreme Court to allow Border Patrol agents to 
cut razor wire that Texas installed on the U.S.-Mexico border, 
while a lawsuit over the wire continues.''\3\ At the same time, 
following a Supreme Court decision from June 2023, states may 
struggle to establish standing to sue to hold Administration 
officials accountable for the Administration's violations of 
immigration law.\4\ This legislation ensures that states have 
standing to bring civil actions against open-borders federal 
officials who refuse to enforce immigration law or violate it 
to the detriment of Americans.
---------------------------------------------------------------------------
    \3\Biden administration asks Supreme Court to allow border agents 
to cut razor wire installed by Texas, Associated Press (Jan. 2, 2024, 
5:03 PM), https://apnews.com/article/supreme-court-texas-immigration-
border-patrol-5aa573c05bae06693572826e0154f956.
    \4\See United States v. Texas, 599 U.S. 670 (2023).
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            The Biden Administration's Open-Borders Policies

    The Biden Administration has dismantled any semblance of 
border security and interior immigration enforcement. Despite 
the Administration's rampant violations of the law, states 
often are left powerless to challenge them in court. In United 
States v. Texas, Texas and Louisiana challenged DHS Secretary 
Mayorkas's immigration ``enforcement'' guidelines, but the 
Supreme Court held that the states ``lack[ed] Article III 
standing to bring [their] suit.''\5\ In the Court's opinion, 
Justice Kavanaugh wrote:
---------------------------------------------------------------------------
    \5\United States v. Texas, 599 U.S. 670, 674 (2023).

          The States have not cited any precedent, history, or 
        tradition of courts ordering the Executive Branch to 
        change its arrest or prosecution policies so that the 
        Executive Branch makes more arrests or initiates more 
        prosecutions. On the contrary, this Court has 
        previously ruled that a plaintiff lacks standing to 
        bring such a suit.\6\
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    \6\Id. at 677.

    Under the Trump Administration, meanwhile, far-left groups 
had no trouble challenging pro-security and pro-enforcement 
policies and regulations. From Remain in Mexico,\7\ to asylum 
reforms,\8\ to policy changes at U.S. Citizenship and 
Immigration Services,\9\ to visa policies,\10\ leftist 
organizations managed, through the courts, to slow down, 
undermine, or even derail significant Trump-era policies that 
would have strengthened the U.S. immigration system. The 
Senate's ``border security'' deal announced in February 2024 
would have made it even more difficult for states to challenge 
left-wing abuse of immigration authorities, as it limited 
judicial review of the bill's new immigration provisions solely 
to the U.S. District Court for the District of Columbia.\11\
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    \7\Maria Sacchetti, Federal judge blocks Trump administration 
program forcing asylum seekers to remain in Mexico while awaiting court 
hearings, Wash. Post (Apr. 9, 2019, 6:04 AM), https://
www.washingtonpost.com/immigration/federal-judge-blocks-trump-
administration-program-forcing-asylum-seekers-to-remain-in-mexico-
while-awaiting-court-hearings/2019/04/08/68e96048-5a42-11e9-a00e-
050dc7b82693_story.html.
    \8\Daniella Silva, Federal appeals court rules against Trump in two 
major immigration cases, NBC News (Feb. 28, 2020, 1:27 PM), https://
www.nbcnews.com/news/us-news/federal-appeals-court-rules-against-trump-
two-major-immigration-cases-n1145141.
    \9\Josh Gerstein, Judge permanently blocks another Trump 
immigration policy, Politico (Feb. 6, 2020, 5:31 PM), https://
www.politico.com/news/2020/02/06/judge-blocks-another-trump-
immigration-policy-111705.
    \10\Stuart Anderson, Judge Rules Against Trump's H-1B Visa Ban: 
President Is Not A Monarch, Forbes (Oct. 2, 2020, 12:27 AM), https://
www.forbes.com/sites/stuartanderson/2020/10/02/judge-rules-against-
trumps-h-1b-visa-ban-president-is-not-a-monarch/?sh=2ebb49c251cc.
    \11\Emergency National Security Supplemental Appropriations Act, 
2024, available at https://www.appropriations.senate.gov/imo/media/doc/
emergency_national_security_supplemental_
bill_text.pdf.
---------------------------------------------------------------------------
    This bill ensures that a Secretary of State's, DHS 
Secretary's, or Attorney General's violations of immigration 
law cannot go unchallenged by state attorneys general. H.R. 
7322 follows the roadmap outlined in United States v. Texas by 
Justice Kavanaugh, who noted that ``the standing analysis might 
differ when Congress elevates de facto injuries to the status 
of legally cognizable injuries redressable by a federal 
court.''\12\ Here, the bill explicitly authorizes states to 
bring lawsuits regarding five areas of the law that the Biden 
Administration has most frequently abused: parole under INA 
Sec. 212(d)(5), detention and removal under INA Sec. 235, 
parole and release under INA Sec. 236, detention requirements 
pending removal under INA Sec. 241(a)(2), and visa sanctions 
under INA Sec. 243.
---------------------------------------------------------------------------
    \12\United States v. Texas, 599 U.S. at 681-82.
---------------------------------------------------------------------------

                  MASS PAROLE UNDER INA Sec. 212(D)(5)

    The Biden Administration has created new categorical parole 
programs that turn the parole statute on its head. Despite the 
parole statute requiring case-by-case determinations to grant 
the benefit, in late 2022 and early 2023, the Administration 
created categorical parole programs that allow up to 30,000 
aliens per month from Haiti, Venezuela, Nicaragua, and Cuba to 
enter the U.S. through ports of entry and remain in the 
U.S.\13\ In addition, on April 27, 2023, the Administration 
announced the creation of categorical parole programs for 
family members of nationals of El Salvador, Guatemala, 
Honduras, and Colombia.\14\
---------------------------------------------------------------------------
    \13\U.S. Citizenship and Immigration Servs., Processes for Cubans, 
Haitians, Nicaraguans, and Venezuelans, U.S. Dep't of Homeland Security 
(last accessed Feb. 16, 2023), https://www.uscis.gov/CHNV.
    \14\Fact Sheet: U.S. Government Announces Sweeping New Actions to 
Manage Regional Migration, U.S. Dep't of State (Apr. 27, 2023), https:/
/www.state.gov/u-s-government-announces-sweeping-new-actions-to-manage-
regional-migration/.
---------------------------------------------------------------------------
    According to press reports, the Biden Administration has 
used these unlawful categorical parole programs to release into 
the United States well over half a million aliens.\15\ 
Specifically, DHS has paroled 340,000 aliens through the Cuban, 
Haitian, Nicaraguan, and Venezuelan parole program; 176,000 
aliens through the ``Uniting for Ukraine'' parole policy; 
77,000 through the Afghan parole program; and 3,600 through 
``family reunification programs.''\16\
---------------------------------------------------------------------------
    \15\Camilo Montoya-Galvez, Biden administration has admitted more 
than 1 million migrants into U.S. under parole policy Congress is 
considering restricting, CBS News (Jan. 22, 2024), https://
www.cbsnews.com/news/immigration-parole-biden-administration-1-million-
migrants/.
    \16\Id.
---------------------------------------------------------------------------
    Last year, Secretary Mayorkas boasted that bringing illegal 
aliens into the United States via routes such as parole is 
``working'' to help secure the border.\17\ On March 12, 2023, 
however, more than 1,000 illegal aliens from Venezuela, one of 
the categorical parole program countries, rushed and nearly 
breached the El Paso Port of Entry.\18\ In addition, in late 
April 2023, nearly 21,000 Venezuelan nationals crossed 
illegally into the Rio Grande Valley Border Patrol Sector in 
just 12 days.\19\ Another 1,000-person caravan, largely made up 
of Venezuelan nationals, crossed from Guatemala into Mexico 
during the weekend of July 15-16, 2023, en route to the 
southwest U.S. border.\20\ In October 2023, ``Venezuelans 
passed Mexicans as the largest single nationality attempting to 
cross the southern border without visas,'' providing even 
further proof that the Administration's illegal categorical 
parole programs have only supercharged illegal immigration.\21\
---------------------------------------------------------------------------
    \17\Unlawful Southwest Border Crossings Plummet Under New Border 
Enforcement Measures, U.S. Dep't of Homeland Security (Jan. 25, 2023), 
https://www.dhs.gov/news/2023/01/25/unlawful-southwest-border-
crossings-plummet-under-new-border-enforcement-measures.
    \18\Greg Wehner, Border Crisis: Over 1,000 migrants rush bridge 
linking Mexico to U.S. in El Paso, Texas, Fox News (Mar. 12, 2023), 
https://www.foxnews.com/politics/border-crisis-migrants-rush-bridge-
linking-mexico-u-s-el-paso-texas-video.
    \19\Bob Price and Randy Clark, Exclusive: 21K Venezuelan migrants 
in 12 days crossed border into one Texas sector, Breitbart (Apr. 30, 
2023), https://www.breitbart.com/border/2023/04/30/exclusive-21k-
venezuelan-migrants-in-12-days-crossed-border-into-one-texas-sector/.
    \20\Migrant Caravan Heads Toward U.S. Border (Fox News television 
broadcast July 17, 2023), https://www.foxnews.com/video/6331338079112.
    \21\Stef W. Kight, Venezuelans surpass Mexicans crossing U.S. 
border, Axios (Oct. 25, 2023), https://www.axios.com/2023/10/25/
venezuelans-surpass-mexicans-migrants-southern-border-biden.
---------------------------------------------------------------------------

                  FAILURE TO DETAIN UNDER INA Sec. 235

    Like its treatment of the parole statute, the Biden 
Administration has ignored and continually violated detention 
mandates. The INA mandates detention for aliens arriving at the 
border who express an intent to apply for asylum due to a fear 
of persecution.\22\ The Supreme Court has emphasized that the 
mandatory detention requirements under Sec. 235 ``mandate[s] 
detention of aliens throughout the completion of applicable 
proceedings and not just until the moment those proceedings 
begin.''\23\ A federal judge in Florida agreed, holding, 
```shall be detained' means what it says and that is a 
mandatory requirement.''\24\ The judge described how the Biden 
Administration's failure to detain aliens has:
---------------------------------------------------------------------------
    \22\See 8 U.S.C. Sec. 1225(b)(1)(B)(ii) (``If the officer 
determines at the time of the interview that an alien has a credible 
fear of persecution (within the meaning of clause (v)), the alien shall 
be detained for further consideration of the application for 
asylum.''); 8 U.S.C. Sec. 1225(b)(1)(B)(iii)(IV) (``Any alien subject 
to the procedures under this clause shall be detained pending a final 
determination of credible fear of persecution and, if found not to have 
such a fear, until removed.''); 8 U.S.C. Sec. 1225(b)(2)(A) (``. . . 
the alien shall be detained for a proceeding under section 1229a of 
this title'').
    \23\See Jennings v. Rodriguez, 583 U.S. 281, 302 (2018).
    \24\Florida v. United States, 660 F. Supp. 3d 1239, 1273 (N.D. Fla. 
2023).

          [E]ffectively turned the Southwest Border into a 
        meaningless line in the sand and little more than a 
        speedbump for aliens flooding into the country by 
        prioritizing ``alternatives to detention'' over actual 
        detention and by releasing more than a million aliens 
        into the country--on ``parole'' or pursuant to the 
        exercise of ``prosecutorial discretion'' under a wholly 
        inapplicable statute--without even initiating removal 
        proceedings.\25\
---------------------------------------------------------------------------
    \25\Id. at 1249.

    Despite such clear detention requirements, Secretary 
Mayorkas has routinely released illegal aliens into the United 
States.\26\ Beginning in March 2021, Border Patrol authorized 
the release of aliens arriving at the southwest border without 
first serving them with a Notice to Appear (NTA) and placing 
them in removal proceedings, as the statute requires.\27\ 
Instead, the Biden Administration issued aliens a Notice to 
Report, with instructions to report to a local ICE office to be 
served with an NTA.\28\ Those offices, however, are backlogged 
for years, with New York City's ICE office at 99 percent 
capacity through December 2033.\29\ Offices in Miramar, 
Florida, were mostly booked through January 2029; in Chicago, 
through January 2028; and in Dallas, through January 2027.\30\ 
Similarly, CBP also adopted a ``Parole+ATD'' policy, in which 
aliens were released into the United States through parole and 
``alternatives to detention,'' which could have included ankle 
monitoring or an alien ``periodically `checking in' with ICE 
remotely through a smartphone app or over the telephone.''\31\ 
Since January 2021, the Administration has released millions of 
illegal aliens into the United States, with at least 3,095,577 
having ``no confirmed departure from the United States as of 
September 30, 2023.''\32\
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    \26\See 8 U.S.C. Sec. 1225(b)(1)(B)(ii); see also 8 C.F.R. 
Sec. 1239.1(a) (``Every removal proceeding conducted under [8 U.S.C. 
Sec. 1229a] to determine the deportability or inadmissibility of an 
alien is commenced by the filing of a notice to appear with the 
immigration court.'').
    \27\Florida, 660 F. Supp. 3d at 1250, 1255-56.
    \28\Id.
    \29\Top 10 Parole/NTR Appointment Backlog Locations Chart provided 
to H. Comm. on the Judiciary Staff by U.S. Immigr. and Customs Enf't 
(Jan. 31, 2024) (on file with Comm.).
    \30\Id.
    \31\Florida, 660 F. Supp. 3d at 1259.
    \32\See H. Comm. on the Judiciary, Interim Staff Rep., New Data 
Reveal Worsening Magnitude of the Biden Border Crisis and Lack of 
Interior Immigr. Enf't, at 2-3 (Jan. 18, 2024), https://
judiciary.house.gov/sites/evo-subsites/republicans-judiciary.house.gov/
files/evo-media-document/2024-01-18-new-data-reveal-worsening-
magnitude-of-the-biden-border-crisis-and-lack-of-interior-immigration-
enforcement.pdf?_gl=1*um0tzz*_ga*MTEwNTc0NDU4Ni4xNjc1ODY1NjU0*_ga_ 
1818ZEQW81*MTcwNzQxNDIxNS4xMy4xLjE3MDc0MTU2NzQuMC4wLjA [hereinafter 
Jan. Interim Staff Rep.].
---------------------------------------------------------------------------
    Although the Supreme Court has previously considered a 
portion of the statute--INA Sec. 235(b)(2)(C)--and held that 
``the contiguous-territory return authority'' (Migrant 
Protection Protocols) was not mandatory, the Court emphasized 
that it did not ``resolve the parties' arguments regarding 
whether [Sec. ] [235](b)(2)(A) must be read in light of 
traditional principles of law enforcement discretion, and 
whether the Government is lawfully exercising its parole 
authorities pursuant to [Sec. Sec. ] [212](d)(5) and 
[236](a).''\33\ Instead, the Court ``merely [held] that 
[Sec. ][235](b)(2)(C) means what it says: `may' means `may,' 
and the INA itself does not require the Secretary to continue 
exercising his discretionary authority under these 
circumstances.''\34\ Therefore, challenges can still be made to 
an Administration's violation of the detention and removal 
requirements under Sec. 235.
---------------------------------------------------------------------------
    \33\Biden v. Texas, 597 U.S. 785, 807 (2022).
    \34\Id.
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               MASS RELEASE AND PAROLE UNDER INA Sec. 236

    The Biden Administration has also abused the parole and 
release provisions under INA Sec. 236 to mass release aliens 
into the United States. That provision contemplates an alien's 
potential parole or release after having been arrested ``[o]n a 
warrant issued by the [DHS Secretary].''\35\ The Supreme Court 
has highlighted that Sec. 236 ``applies to aliens already 
present in the United States'' and is distinct from the 
mandatory detention provisions for applicants for admission 
(i.e., illegal aliens who arrive at the border).\36\ 
Nonetheless, the Biden Administration has used Sec. 236 to 
release into the United States illegal aliens arriving at the 
southwest border.\37\ A federal judge held that DHS violated 
Sec. 236 by releasing such aliens instead of detaining them as 
required under Sec. 235.\38\ The judge noted the Biden 
Administration's ``administrative sophistry,'' in which it 
``us[ed] an `arrest' warrant as [a] de facto release 
warrant.''\39\ On February 13, 2024, the U.S. Court of Appeals 
for the Eleventh Circuit remanded the case for the district 
court to determine whether it had standing to consider the 
challenge to the catch-and-release policies in light of the 
Supreme Court's decision in United States v. Texas.\40\
---------------------------------------------------------------------------
    \35\8 U.S.C. Sec. 1226(a).
    \36\Jennings, 583 U.S. at 303.
    \37\See Florida, 660 F. Supp. 3d at 1277.
    \38\Id.
    \39\Id.
    \40\Daniel Wiessner, US judge must rethink Florida's challenge to 
`catch and release' border policy, Reuters (Feb. 13, 2024, 4:26 PM), 
https://www.reuters.com/legal/government/us-judge-must-rethink-
floridas-challenge-catch-release-border-policy-2024-0902-0913/.
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      FAILURE TO DETAIN AND REMOVE ALIENS UNDER INA Sec. 241(A)(2)

    Under INA Sec. 241(a)(2), the DHS Secretary ``shall 
detain'' an alien\41\ ``for 90 days after entry of a final 
order of removal.''\42\ The statute further requires that 
``[u]nder no circumstances during the removal period shall the 
[DHS Secretary] release an alien who has been found 
inadmissible'' for having committed certain crimes or having 
engaged in terrorist activities.\43\ This provision works 
alongside the arrest requirements under INA Sec. 236, which 
requires DHS to arrest and detain certain criminal aliens.\44\
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    \41\8 U.S.C. Sec. 1231(a)(2).
    \42\United States v. Texas, 599 U.S. 670, 674 (2023).
    \43\8 U.S.C. Sec. 1231(a)(2).
    \44\See 8 U.S.C. Sec. 1226(c).
---------------------------------------------------------------------------
    Despite these clear statutory mandates, Secretary Mayorkas 
and the Biden Administration have implemented guidelines that 
ignore the INA.\45\ In challenging the Biden Administration's 
refusal to enforce immigration law, Texas and Louisiana alleged 
that ``the Department's failure to comply with those statutory 
mandates impose[d] costs on the States,'' because, for example, 
the states ``must continue to incarcerate or supply social 
services such as healthcare and education to [aliens] who 
should be (but are not being) arrested by the Federal 
Government.''\46\
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    \45\See generally Jan. Interim Staff Report; 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 11-16 (Oct. 9, 
2023).
    \46\United States v. Texas, 599 U.S. at 674.
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    Although the Supreme Court held that the states lacked 
standing to challenge the Administration's ``enforcement 
priorities,'' Justice Kavanaugh, writing for the Court, 
emphasized that ``the standing analysis might differ when 
Congress elevates de facto injuries to the status of legally 
cognizable injuries redressable by a federal court.''\47\ 
Justice Kavanaugh explained that ``Congress might (i) 
specifically authorize suits against the Executive Branch by a 
defined set of plaintiffs who have suffered concrete harms from 
executive under-enforcement and (ii) specifically authorize the 
Judiciary to enter appropriate orders requiring additional 
arrests or prosecutions by the Executive Branch.''\48\ By 
explicitly authorizing states to challenge such lack of 
enforcement, this bill heeds the words of Justice Kavanaugh and 
allows states to seek relief against a federal government 
committed to not enforcing immigration law.
---------------------------------------------------------------------------
    \47\Id. at 681-82.
    \48\Id. at 682. Justice Kavanaugh pointed out, however, that the 
Court ``d[id] not take a position on whether such a statute would 
suffice for Article III purposes.'' Id. at 682. He noted that the 
Court's ``only point [was] that no such statute is present in this 
case.'' Id.
---------------------------------------------------------------------------

           FAILURE TO APPLY VISA SANCTIONS UNDER INA Sec. 243

    Immigration and Customs Enforcement is tasked with 
``remov[ing] [aliens] subject to final orders of removal to 
their country of citizenship.''\49\ In accomplishing that 
mission, ``the U.S. government requests that foreign 
governments take appropriate steps to confirm the citizenship 
of individuals suspected to be their nationals--including by 
conducting interviews when necessary, the timely issuance of 
travel documents, where appropriate, and the acceptance of the 
physical return of their nationals by scheduled commercial 
flights or, where necessary, special charter flights.''\50\
---------------------------------------------------------------------------
    \49\Visa Sanctions Against Multiple Countries Pursuant to Section 
243(d) of the Immigration and Nationality Act, U.S. Dep't of Homeland 
Security, https://www.ice.gov/visasanctions (last accessed Feb. 7, 
2024).
    \50\Id.
---------------------------------------------------------------------------
    Countries routinely fail to cooperate with ICE in the 
repatriation of their nationals.\51\ In a transcribed interview 
with an ICE official in August 2023, the Committee confirmed 
that ICE designates such countries as ``uncooperative'' with 
removal efforts or ``at risk of noncompliance'' with removal 
efforts.\52\ According to DHS, ``[c]ountries classified by ICE 
as uncooperative are also known as recalcitrant.''\53\ To 
determine whether a country is uncooperative or at risk of 
noncompliance, ICE considers: (1) a government's timely 
issuance of travel documents; (2) a country's acceptance of ICE 
charter flights for removal purposes; (3) a comparison of the 
ratio of the country's citizens' releases from ICE custody with 
the number of citizens removed; and (4) the average time from a 
final order of removal to removal from the United States.\54\
---------------------------------------------------------------------------
    \51\See generally Jill H. Wilson, Cong. Research Serv., IF11025, 
Immigr.: ``Recalcitrant'' Countries and the Use of Visa Sanctions to 
Encourage Cooperation with Alien Removals (July 10, 2020), https://
crsreports.congress.gov/product/pdf/IF/IF11025.
    \52\Transcribed Interview of ICE Removal Div. Official, Enf't and 
Removal Operations, at 28 (Aug. 22, 2023) (on file with Comm.).
    \53\Visa Sanctions Against Multiple Countries Pursuant to Section 
243(d) of the Immigration and Nationality Act, U.S. Dep't of Homeland 
Security, https://www.ice.gov/visasanctions (last accessed Feb. 7, 
2024).
    \54\Transcribed Interview of ICE Removal Div. Official, Enf't and 
Removal Operations, at 29 (Aug. 22, 2023) (on file with Comm.).
---------------------------------------------------------------------------
    As of June 15, 2023, the uncooperative countries were 
Bhutan, Cambodia, China, Cuba, Eritrea, Ethiopia, Hong Kong, 
Iran, Laos, Pakistan, Russia, Samoa, and Somalia.\55\ The 
countries at risk of noncompliance were Bosnia-Herzegovina, 
Cameroon, India, Iraq, Jamaica, Lebanon, the Marshall Islands, 
South Sudan, and Vietnam.\56\ Recalcitrant countries cause 
delays in the removal process, leading to increased detention 
costs and even the release of ``thousands of [aliens], 
including those with serious criminal convictions.''\57\ In 
some cases, ICE officers even refuse to arrest an alien from a 
recalcitrant country in the first place.\58\
---------------------------------------------------------------------------
    \55\Id.
    \56\Id.
    \57\Visa Sanctions Against Multiple Countries Pursuant to Section 
243(d) of the Immigration and Nationality Act, U.S. Dep't of Homeland 
Security, https://www.ice.gov/visasanctions (last accessed Feb. 7, 
2024).
    \58\Transcribed Interview of ICE Enf't Div. Official, Enf't and 
Removal Operations, at 55-56 (June 27, 2023) (``[I]f I know I'm not 
going to be able to remove somebody, we would not make an arrest 
administratively.'').
---------------------------------------------------------------------------
    The Trump Administration responded to recalcitrant 
countries by imposing visa sanctions. In 2017, for example, DHS 
collaborated with the Department of State to issue visa 
sanctions against four countries--Cambodia, Eritrea, Guinea, 
and Sierra Leone--because ``the nations [were] not taking back 
their citizens the United States wants to deport.''\59\ The 
next year, the Trump Administration stopped issuing certain 
visas to nationals of Myanmar and Laos because of the 
countries' recalcitrance.\60\ According to data from the Trump 
Administration, sanctions proved effective, as ``countries with 
newly-issued visa sanctions ha[d] greater removals in [fiscal 
year] 2018 than in [fiscal year] 2017.''\61\ In fact, there 
were 279 percent more removals to Cambodia in fiscal year 2018 
than in fiscal year 2017, 189 percent more removals to Cuba, 51 
percent more removals to Eritrea, 149 percent more removals to 
Guinea, and 80 percent more removals to Sierra Leone.\62\ 
Nonetheless, in 2022, the Biden Administration removed visa 
sanctions on Laos, caving to pressure from advocacy groups and 
a far-left campaign that described the sanctions as a 
``backdoor immigration ban.''\63\
---------------------------------------------------------------------------
    \59\Arshad Mohammed & Yeganeh Torbati, U.S. will not issue some 
visas in four nations in deportation crackdown, Reuters (Sept. 13, 
2017, 4:54 PM), https://www.reuters.com/article/idUSKCN1BO1VS/.
    \60\Laignee Barron, U.S. Imposes Visa Sanctions on Myanmar and Laos 
Over Their Refusal to Accept Deportees, TIME (July 11, 2018, 12:04 AM), 
https://time.com/5335281/us-visa-sanctions-myanmar-laos/.
    \61\U.S. Immigr. and Customs Enf't, Fiscal Year 2018 ICE Enf't and 
Removal Operations Rep., U.S. Dep't of Homeland Sec. at 14, https://
www.ice.gov/doclib/about/offices/ero/pdf/eroFY2018Report.pdf.
    \62\Id.
    \63\Kimmy Tam, Biden administration lifts what critics call 
`backdoor immigration ban' on Laos, NBC News (Feb. 8, 2022, 6:21 PM), 
https://www.nbcnews.com/news/asian-america/biden-administration-lifts-
critics-call-backdoor-immigration-ban-laos-rcna15429.
---------------------------------------------------------------------------

                     Holding Officials Accountable

    Despite Biden Administration officials' violation of 
immigration law, states may encounter roadblocks in challenging 
the open-borders policies that harm them and their residents, 
as reflected in the Supreme Court's decision in United States 
v. Texas.\64\ As Justice Alito wrote in his dissent in Texas, 
the Court's decision damages the system of separation of powers 
``by improperly inflating the power of the Executive and 
cutting back the power of Congress and the authority of the 
Judiciary.''\65\ The decision, he explained, ``renders States 
already laboring under the effects of massive illegal 
immigration even more helpless.''\66\ By providing statutory 
authority to bring a civil action against Administration 
officials who violate immigration law, H.R. 7322 seeks to avoid 
any further restriction on state standing in the immigration 
realm. The bill also expedites decision-making on the issues, 
which will provide quicker relief for states struggling under 
the immigration crisis created by the Biden Administration.
---------------------------------------------------------------------------
    \64\99 U.S. 670.
    \65\Id. at 730-731 (Alito, J., dissenting).
    \66\Id. at 731.
---------------------------------------------------------------------------

                                Hearings

    For the purposes of clause 3(c)(6)(A) of House rule XIII, 
the following hearing was used to develop H.R. 7322: ``The 
Border Crisis: Is the Law Being Faithfully Executed?'' a 
hearing held on June 7, 2023, before the Subcommittee on 
Immigration Integrity, Security, and Enforcement of the 
Committee on the Judiciary. The Subcommittee heard testimony 
from the following witnesses:
           Chad Wolf, Former Acting Secretary, U.S. 
        Department of Homeland Security; Executive Director and 
        Chief Strategy Officer, America First Policy Institute;
           Joseph Edlow, Former Acting Director, U.S. 
        Citizenship and Immigration Services; Founder, the 
        Edlow Group;
           Steven G. Bradbury, Distinguished Fellow, 
        Executive Vice President's Office, The Heritage 
        Foundation; and
           Aaron Reichlin-Melnick, Policy Director, The 
        American Immigration Council.
    The hearing addressed how the Biden Administration has 
implemented policies that not only are designed to encourage 
illegal immigration but also violate immigration law as set by 
Congress.

                        Committee Consideration

    On February 15, 2024, the Committee met in open session and 
order the bill, H.R. 7322, favorably reported with an amendment 
in the nature of a substitute, by a roll call vote of 19 to 11, 
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. 7322:
    1. Vote on Amendment #1 to H.R. 7322 ANS offered by Mr. 
Nadler--failed 12 ayes to 17 nays.
    2. Vote on Amendment #2 to H.R. 7322 ANS offered by Ms. 
Jayapal--failed 10 ayes to 18 nays.
    3. Vote on favorably reporting H.R. 7322, as amended--
passed 19 ayes to 11 nays.
 
 
 
 [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                      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. 7322 from the 
Director of the Congressional Budget Office:

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    H.R. 7322 would grant standing to state governments to 
bring action against the federal government in a federal 
district court for the purpose of seeking injunctive relief 
from immigration enforcement decisions that have harmed the 
state or its residents.
    CBO expects that enacting H.R. 7322 could result in a small 
increase in the number of suits filed in federal courts related 
to immigration enforcement. The federal judiciary charges fees 
to file suit in a district court. Those fees are recorded as 
revenues and can be spent by the judiciary without further 
appropriation. Because the expected increase in the number of 
lawsuits is small, CBO estimates that enacting H.R. 7322 would 
increase revenues and the associated direct spending by less 
than $500,000 over the 2024-2034 period. The net decrease in 
the deficit would be negligible.
    Lawsuits brought by states under H.R. 7322 could result in 
injunctive relief that affects the federal budget. For example, 
injunctive relief could change the number or immigration status 
of people residing in the United States, which would affect 
their receipt of federal benefits. However, CBO has no basis to 
estimate the direction or magnitude of those effects because we 
cannot predict the number or content of future lawsuits that 
would occur under the legislation, the decisions made by 
federal agencies, or the outcomes of future litigation.
    The CBO staff contacts for this estimate are David Rafferty 
and Kevin Laden. 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. 7322 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. 7322 would allow state attorneys general, 
or other authorized state officials, to bring a civil action 
against the DHS Secretary, Secretary of State, or Attorney 
General for violations of certain immigration laws that harm 
the state or its residents.

                          Advisory on Earmarks

    In accordance with clause 9 of House rule XXI, H.R. 7322 
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. The ``Standing Up to the Executive 
branch for Immigration Enforcement Act,'' or the ``SUE for 
Immigration Enforcement Act.''
    Sec. 2. Enforcement by an Attorney General of a State. This 
section authorizes state attorneys general to bring a civil 
action against the DHS Secretary, Secretary of State, or 
Attorney General for violations of certain immigration laws 
that harm the state or its residents. The bill allows such 
officials to bring a civil suit for violations of the case-by-
case parole limitation under Immigration and Nationality Act 
(INA) Sec. 212(d)(5), the detention and removal requirements 
under INA Sec. 235, the parole and release limitations under 
INA Sec. 236, the detention requirements under INA 
Sec. 241(a)(2), and the visa sanctions requirements under INA 
Sec. 243. It also expedites the disposition of such civil 
actions.

         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 (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                    IMMIGRATION AND NATIONALITY ACT




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

           *       *       *       *       *       *       *



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

           *       *       *       *       *       *       *



 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.
          (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] Secretary of Homeland Security 
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] 
Secretary of Homeland Security, 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] Secretary of Homeland Security may 
not parole into the United States an alien who is a refugee 
unless the [Attorney General] Secretary of Homeland Security 
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.
  (C) The attorney general of a State, or other authorized 
State officer, alleging a violation of the limitation under 
subparagraph (A) that parole solely be granted on a case-by-
case basis and solely for urgent humanitarian reasons or a 
significant public benefit, that harms such State or its 
residents shall have standing to bring an action against the 
Secretary of Homeland Security on behalf of such State or the 
residents of such State in an appropriate district court of the 
United States to obtain appropriate injunctive relief. The 
court shall advance on the docket and expedite the disposition 
of a civil action filed under this subparagraph to the greatest 
extent practicable. For purposes of this subparagraph, a State 
or its residents shall be considered to have been harmed if the 
State or its residents experience harm, including financial 
harm in excess of $100.
  (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

           *       *       *       *       *       *       *



 inspection by immigration officers; expedited removal of inadmissible 
                 arriving aliens; referral for hearing

  Sec. 235. (a) Inspection.--
          (1) Aliens treated as applicants for admission.--An 
        alien present in the United States who has not been 
        admitted or who arrives in the United States (whether 
        or not at a designated port of arrival and including an 
        alien who is brought to the United States after having 
        been interdicted in international or United States 
        waters) shall be deemed for purposes of this Act an 
        applicant for admission.
          (2) Stowaways.--An arriving alien who is a stowaway 
        is not eligible to apply for admission or to be 
        admitted and shall be ordered removed upon inspection 
        by an immigration officer. Upon such inspection if the 
        alien indicates an intention to apply for asylum under 
        section 208 or a fear of persecution, the officer shall 
        refer the alien for an interview under subsection 
        (b)(1)(B). A stowaway may apply for asylum only if the 
        stowaway is found to have a credible fear of 
        persecution under subsection (b)(1)(B). In no case may 
        a stowaway be considered an applicant for admission or 
        eligible for a hearing under section 240.
          (3) Inspection.--All aliens (including alien crewmen) 
        who are applicants for admission or otherwise seeking 
        admission or readmission to or transit through the 
        United States shall be inspected by immigration 
        officers.
          (4) Withdrawal of application for admission.--An 
        alien applying for admission may, in the discretion of 
        the Attorney General and at any time, be permitted to 
        withdraw the application for admission and depart 
        immediately from the United States.
          (5) Statements.--An applicant for admission may be 
        required to state under oath any information sought by 
        an immigration officer regarding the purposes and 
        intentions of the applicant in seeking admission to the 
        United States, including the applicant's intended 
        length of stay and whether the applicant intends to 
        remain permanently or become a United States citizen, 
        and whether the applicant is inadmissible.
  (b) Inspection of Applicants for Admission.--
          (1) Inspection of aliens arriving in the united 
        states and certain other aliens who have not been 
        admitted or paroled.--
                  (A) Screening.--
                          (i) In general.--If an immigration 
                        officer determines that an alien (other 
                        than an alien described in subparagraph 
                        (F)) who is arriving in the United 
                        States or is described in clause (iii) 
                        is inadmissible under section 
                        212(a)(6)(C) or 212(a)(7), the officer 
                        shall order the alien removed from the 
                        United States without further hearing 
                        or review unless the alien indicates 
                        either an intention to apply for asylum 
                        under section 208 or a fear of 
                        persecution.
                          (ii) Claims for asylum.--If an 
                        immigration officer determines that an 
                        alien (other than an alien described in 
                        subparagraph (F)) who is arriving in 
                        the United States or is described in 
                        clause (iii) is inadmissible under 
                        section 212(a)(6)(C) or 212(a)(7) and 
                        the alien indicates either an intention 
                        to apply for asylum under section 208 
                        or a fear of persecution, the officer 
                        shall refer the alien for an interview 
                        by an asylum officer under subparagraph 
                        (B).
                          (iii) Application to certain other 
                        aliens.--
                                  (I) In general.--The Attorney 
                                General may apply clauses (i) 
                                and (ii) of this subparagraph 
                                to any or all aliens described 
                                in subclause (II) as designated 
                                by the Attorney General. Such 
                                designation shall be in the 
                                sole and unreviewable 
                                discretion of the Attorney 
                                General and may be modified at 
                                any time.
                                  (II) Aliens described.--An 
                                alien described in this clause 
                                is an alien who is not 
                                described in subparagraph (F), 
                                who has not been admitted or 
                                paroled into the United States, 
                                and who has not affirmatively 
                                shown, to the satisfaction of 
                                an immigration officer, that 
                                the alien has been physically 
                                present in the United States 
                                continuously for the 2-year 
                                period immediately prior to the 
                                date of the determination of 
                                inadmissibility under this 
                                subparagraph.
                  (B) Asylum interviews.--
                          (i) Conduct by asylum officers.--An 
                        asylum officer shall conduct interviews 
                        of aliens referred under subparagraph 
                        (A)(ii), either at a port of entry or 
                        at such other place designated by the 
                        Attorney General.
                          (ii) Referral of certain aliens.--If 
                        the officer determines at the time of 
                        the interview that an alien has a 
                        credible fear of persecution (within 
                        the meaning of clause (v)), the alien 
                        shall be detained for further 
                        consideration of the application for 
                        asylum.
                          (iii) Removal without further review 
                        if no credible fear of persecution.--
                                  (I) In general.--Subject to 
                                subclause (III), if the officer 
                                determines that an alien does 
                                not have a credible fear of 
                                persecution, the officer shall 
                                order the alien removed from 
                                the United States without 
                                further hearing or review.
                                  (II) Record of 
                                determination.--The officer 
                                shall prepare a written record 
                                of a determination under 
                                subclause (I). Such record 
                                shall include a summary of the 
                                material facts as stated by the 
                                applicant, such additional 
                                facts (if any) relied upon by 
                                the officer, and the officer's 
                                analysis of why, in the light 
                                of such facts, the alien has 
                                not established a credible fear 
                                of persecution. A copy of the 
                                officer's interview notes shall 
                                be attached to the written 
                                summary.
                                  (III) Review of 
                                determination.--The Attorney 
                                General shall provide by 
                                regulation and upon the alien's 
                                request for prompt review by an 
                                immigration judge of a 
                                determination under subclause 
                                (I) that the alien does not 
                                have a credible fear of 
                                persecution. Such review shall 
                                include an opportunity for the 
                                alien to be heard and 
                                questioned by the immigration 
                                judge, either in person or by 
                                telephonic or video connection. 
                                Review shall be concluded as 
                                expeditiously as possible, to 
                                the maximum extent practicable 
                                within 24 hours, but in no case 
                                later than 7 days after the 
                                date of the determination under 
                                subclause (I).
                                  (IV) Mandatory detention.--
                                Any alien subject to the 
                                procedures under this clause 
                                shall be detained pending a 
                                final determination of credible 
                                fear of persecution and, if 
                                found not to have such a fear, 
                                until removed.
                          (iv) Information about interviews.--
                        The Attorney General shall provide 
                        information concerning the asylum 
                        interview described in this 
                        subparagraph to aliens who may be 
                        eligible. An alien who is eligible for 
                        such interview may consult with a 
                        person or persons of the alien's 
                        choosing prior to the interview or any 
                        review thereof, according to 
                        regulations prescribed by the Attorney 
                        General. Such consultation shall be at 
                        no expense to the Government and shall 
                        not unreasonably delay the process.
                          (v) Credible fear of persecution 
                        defined.--For purposes of this 
                        subparagraph, the term ``credible fear 
                        of persecution'' means that there is a 
                        significant possibility, taking into 
                        account the credibility of the 
                        statements made by the alien in support 
                        of the alien's claim and such other 
                        facts as are known to the officer, that 
                        the alien could establish eligibility 
                        for asylum under section 208.
                  (C) Limitation on administrative review.--
                Except as provided in subparagraph 
                (B)(iii)(III), a removal order entered in 
                accordance with subparagraph (A)(i) or 
                (B)(iii)(I) is not subject to administrative 
                appeal, except that the Attorney General shall 
                provide by regulation for prompt review of such 
                an order under subparagraph (A)(i) against an 
                alien who claims under oath, or as permitted 
                under penalty of perjury under section 1746 of 
                title 28, United States Code, after having been 
                warned of the penalties for falsely making such 
                claim under such conditions, to have been 
                lawfully admitted for permanent residence, to 
                have been admitted as a refugee under section 
                207, or to have been granted asylum under 
                section 208.
                  (D) Limit on collateral attacks.--In any 
                action brought against an alien under section 
                275(a) or section 276, the court shall not have 
                jurisdiction to hear any claim attacking the 
                validity of an order of removal entered under 
                subparagraph (A)(i) or (B)(iii).
                  (E) Asylum officer defined.--As used in this 
                paragraph, the term ``asylum officer'' means an 
                immigration officer who--
                          (i) has had professional training in 
                        country conditions, asylum law, and 
                        interview techniques comparable to that 
                        provided to full-time adjudicators of 
                        applications under section 208, and
                          (ii) is supervised by an officer who 
                        meets the condition described in clause 
                        (i) and has had substantial experience 
                        adjudicating asylum applications.
                  (F) Exception.--Subparagraph (A) shall not 
                apply to an alien who is a native or citizen of 
                a country in the Western Hemisphere with whose 
                government the United States does not have full 
                diplomatic relations and who arrives by 
                aircraft at a port of entry.
                  (G) Commonwealth of the northern mariana 
                islands.--Nothing in this subsection shall be 
                construed to authorize or require any person 
                described in section 208(e) to be permitted to 
                apply for asylum under section 208 at any time 
                before January 1, 2014.
          (2) Inspection of other aliens.--
                  (A) In general.--Subject to subparagraphs (B) 
                and (C), in the case of an alien who is an 
                applicant for admission, if the examining 
                immigration officer determines that an alien 
                seeking admission is not clearly and beyond a 
                doubt entitled to be admitted, the alien shall 
                be detained for a proceeding under section 240.
                  (B) Exception.--Subparagraph (A) shall not 
                apply to an alien--
                          (i) who is a crewman,
                          (ii) to whom paragraph (1) applies, 
                        or
                          (iii) who is a stowaway.
                  (C) Treatment of aliens arriving from 
                contiguous territory.--In the case of an alien 
                described in subparagraph (A) who is arriving 
                on land (whether or not at a designated port of 
                arrival) from a foreign territory contiguous to 
                the United States, the Attorney General may 
                return the alien to that territory pending a 
                proceeding under section 240.
          (3) Enforcement by attorney general of a state.--The 
        attorney general of a State, or other authorized State 
        officer, alleging a violation of the detention and 
        removal requirements under paragraphs (1) or (2) that 
        harms such State or its residents shall have standing 
        to bring an action against the Secretary of Homeland 
        Security on behalf of such State or the residents of 
        such State in an appropriate district court of the 
        United States to obtain appropriate injunctive relief. 
        The court shall advance on the docket and expedite the 
        disposition of a civil action filed under this 
        paragraph to the greatest extent practicable. For 
        purposes of this paragraph, a State or its residents 
        shall be considered to have been harmed if the State or 
        its residents experience harm, including financial harm 
        in excess of $100.
          [(3)] (4) Challenge of decision.--The decision of the 
        examining immigration officer, if favorable to the 
        admission of any alien, shall be subject to challenge 
        by any other immigration officer and such challenge 
        shall operate to take the alien whose privilege to be 
        admitted is so challenged, before an immigration judge 
        for a proceeding under section 240.
  (c) Removal of Aliens Inadmissible on Security and Related 
Grounds.--
          (1) Removal without further hearing.--If an 
        immigration officer or an immigration judge suspects 
        that an arriving alien may be inadmissible under 
        subparagraph (A) (other than clause (ii)), (B), or (C) 
        of section 212(a)(3), the officer or judge shall--
                  (A) order the alien removed, subject to 
                review under paragraph (2);
                  (B) report the order of removal to the 
                Attorney General; and
                  (C) not conduct any further inquiry or 
                hearing until ordered by the Attorney General.
          (2) Review of order.--(A) The Attorney General shall 
        review orders issued under paragraph (1).
          (B) If the Attorney General--
                  (i) is satisfied on the basis of confidential 
                information that the alien is inadmissible 
                under subparagraph (A) (other than clause 
                (ii)), (B), or (C) of section 212(a)(3), and
                  (ii) after consulting with appropriate 
                security agencies of the United States 
                Government, concludes that disclosure of the 
                information would be prejudicial to the public 
                interest, safety, or security,
        the Attorney General may order the alien removed 
        without further inquiry or hearing by an immigration 
        judge.
          (C) If the Attorney General does not order the 
        removal of the alien under subparagraph (B), the 
        Attorney General shall specify the further inquiry or 
        hearing that shall be conducted in the case.
          (3) Submission of statement and information.--The 
        alien or the alien's representative may submit a 
        written statement and additional information for 
        consideration by the Attorney General.
  (d) Authority Relating to Inspections.--
          (1) Authority to search conveyances.--Immigration 
        officers are authorized to board and search any vessel, 
        aircraft, railway car, or other conveyance or vehicle 
        in which they believe aliens are being brought into the 
        United States.
          (2) Authority to order detention and delivery of 
        arriving aliens.--Immigration officers are authorized 
        to order an owner, agent, master, commanding officer, 
        person in charge, purser, or consignee of a vessel or 
        aircraft bringing an alien (except an alien crewmember) 
        to the United States--
                  (A) to detain the alien on the vessel or at 
                the airport of arrival, and
                  (B) to deliver the alien to an immigration 
                officer for inspection or to a medical officer 
                for examination.
          (3) Administration of oath and consideration of 
        evidence.--The Attorney General and any immigration 
        officer shall have power to administer oaths and to 
        take and consider evidence of or from any person 
        touching the privilege of any alien or person he 
        believes or suspects to be an alien to enter, reenter, 
        transit through, or reside in the United States or 
        concerning any matter which is material and relevant to 
        the enforcement of this Act and the administration of 
        the Service.
          (4) Subpoena authority.--(A) The Attorney General and 
        any immigration officer shall have power to require by 
        subpoena the attendance and testimony of witnesses 
        before immigration officers and the production of 
        books, papers, and documents relating to the privilege 
        of any person to enter, reenter, reside in, or pass 
        through the United States or concerning any matter 
        which is material and relevant to the enforcement of 
        this Act and the administration of the Service, and to 
        that end may invoke the aid of any court of the United 
        States.
          (B) Any United States district court within the 
        jurisdiction of which investigations or inquiries are 
        being conducted by an immigration officer may, in the 
        event of neglect or refusal to respond to a subpoena 
        issued under this paragraph or refusal to testify 
        before an immigration officer, issue an order requiring 
        such persons to appear before an immigration officer, 
        produce books, papers, and documents if demanded, and 
        testify, and any failure to obey such order of the 
        court may be punished by the court as a contempt 
        thereof.

           *       *       *       *       *       *       *


                  apprehension and detention of aliens

  Sec. 236. (a) Arrest, Detention, and Release.--On a warrant 
issued by the Attorney General, an alien may be arrested and 
detained pending a decision on whether the alien is to be 
removed from the United States. Except as provided in 
subsection (c) and pending such decision, the Attorney 
General--
          (1) may continue to detain the arrested alien; and
          (2) may release the alien on--
                  (A) bond of at least $1,500 with security 
                approved by, and containing conditions 
                prescribed by, the Attorney General; or
                  (B) conditional parole; but
          (3) may not provide the alien with work authorization 
        (including an ``employment authorized'' endorsement or 
        other appropriate work permit), unless the alien is 
        lawfully admitted for permanent residence or otherwise 
        would (without regard to removal proceedings) be 
        provided such authorization.
  (b) Revocation of Bond or Parole.--The Attorney General at 
any time may revoke a bond or parole authorized under 
subsection (a), rearrest the alien under the original warrant, 
and detain the alien.
  (c) Detention of Criminal Aliens.--
          (1) Custody.--The Attorney General shall take into 
        custody any alien who--
                  (A) is inadmissible by reason of having 
                committed any offense covered in section 
                212(a)(2),
                  (B) is deportable by reason of having 
                committed any offense covered in section 
                237(a)(2)(A)(ii), (A)(iii), (B), (C), or (D),
                  (C) is deportable under section 
                237(a)(2)(A)(i) on the basis of an offense for 
                which the alien has been sentence to a term of 
                imprisonment of at least 1 year, or
                  (D) is inadmissible under section 
                212(a)(3)(B) or deportable under section 
                237(a)(4)(B),
        when the alien is released, without regard to whether 
        the alien is released on parole, supervised release, or 
        probation, and without regard to whether the alien may 
        be arrested or imprisoned again for the same offense.
          (2) Release.--The Attorney General may release an 
        alien described in paragraph (1) only if the Attorney 
        General decides pursuant to section 3521 of title 18, 
        United States Code, that release of the alien from 
        custody is necessary to provide protection to a 
        witness, a potential witness, a person cooperating with 
        an investigation into major criminal activity, or an 
        immediate family member or close associate of a 
        witness, potential witness, or person cooperating with 
        such an investigation, and the alien satisfies the 
        Attorney General that the alien will not pose a danger 
        to the safety of other persons or of property and is 
        likely to appear for any scheduled proceeding. A 
        decision relating to such release shall take place in 
        accordance with a procedure that considers the severity 
        of the offense committed by the alien.
  (d) Identification of Criminal Aliens.--(1) The Attorney 
General shall devise and implement a system--
          (A) to make available, daily (on a 24-hour basis), to 
        Federal, State, and local authorities the investigative 
        resources of the Service to determine whether 
        individuals arrested by such authorities for aggravated 
        felonies are aliens;
          (B) to designate and train officers and employees of 
        the Service to serve as a liaison to Federal, State, 
        and local law enforcement and correctional agencies and 
        courts with respect to the arrest, conviction, and 
        release of any alien charged with an aggravated felony; 
        and
          (C) which uses computer resources to maintain a 
        current record of aliens who have been convicted of an 
        aggravated felony, and indicates those who have been 
        removed.
  (2) The record under paragraph (1)(C) shall be made 
available--
          (A) to inspectors at ports of entry and to border 
        patrol agents at sector headquarters for purposes of 
        immediate identification of any alien who was 
        previously ordered removed and is seeking to reenter 
        the United States, and
          (B) to officials of the Department of State for use 
        in its automated visa lookout system.
  (3) Upon the request of the governor or chief executive 
officer of any State, the Service shall provide assistance to 
State courts in the identification of aliens unlawfully present 
in the United States pending criminal prosecution.
  (e) Judicial Review.--The Attorney General's discretionary 
judgment regarding the application of this section shall not be 
subject to review. No court may set aside any action or 
decision by the Attorney General under this section regarding 
the detention [or release] of any alien or the [grant, 
revocation, or denial] revocation or denial of bond or parole.
  (f) Enforcement by Attorney General of a State.--The attorney 
general of a State, or other authorized State officer, alleging 
an action or decision by the Attorney General or Secretary of 
Homeland Security under this section to release any alien or 
grant bond or parole to any alien that harms such State or its 
residents shall have standing to bring an action against the 
Attorney General or Secretary of Homeland Security on behalf of 
such State or the residents of such State in an appropriate 
district court of the United States to obtain appropriate 
injunctive relief. The court shall advance on the docket and 
expedite the disposition of a civil action filed under this 
subsection to the greatest extent practicable. For purposes of 
this subsection, a State or its residents shall be considered 
to have been harmed if the State or its residents experience 
harm, including financial harm in excess of $100.

           *       *       *       *       *       *       *


            detention and removal of aliens ordered removed

  Sec. 241. (a) Detention, Release, and Removal of Aliens 
Ordered Removed.--
          (1) Removal period.--
                  (A) In general.--Except as otherwise provided 
                in this section, when an alien is ordered 
                removed, the Attorney General shall remove the 
                alien from the United States within a period of 
                90 days (in this section referred to as the 
                ``removal period'').
                  (B) Beginning of period.--The removal period 
                begins on the latest of the following:
                          (i) The date the order of removal 
                        becomes administratively final.
                          (ii) If the removal order is 
                        judicially reviewed and if a court 
                        orders a stay of the removal of the 
                        alien, the date of the court's final 
                        order.
                          (iii) If the alien is detained or 
                        confined (except under an immigration 
                        process), the date the alien is 
                        released from detention or confinement.
                  (C) Suspension of period.--The removal period 
                shall be extended beyond a period of 90 days 
                and the alien may remain in detention during 
                such extended period if the alien fails or 
                refuses to make timely application in good 
                faith for travel or other documents necessary 
                to the alien's departure or conspires or acts 
                to prevent the alien's removal subject to an 
                order of removal.
          (2) Detention.--[During the removal period,]
                  (A) In general._During the removal period,  
                the Attorney General shall detain the alien. 
                Under no circumstance during the removal period 
                shall the Attorney General release an alien who 
                has been found inadmissible under section 
                212(a)(2) or 212(a)(3)(B) or deportable under 
                section 237(a)(2) or 237(a)(4)(B).
                  (B) Enforcement by attorney general of a 
                state.--The attorney general of a State, or 
                other authorized State officer, alleging a 
                violation of the detention requirement under 
                subparagraph (A) that harms such State or its 
                residents shall have standing to bring an 
                action against the Secretary of Homeland 
                Security on behalf of such State or the 
                residents of such State in an appropriate 
                district court of the United States to obtain 
                appropriate injunctive relief. The court shall 
                advance on the docket and expedite the 
                disposition of a civil action filed under this 
                subparagraph to the greatest extent 
                practicable. For purposes of this subparagraph, 
                a State or its residents shall be considered to 
                have been harmed if the State or its residents 
                experience harm, including financial harm in 
                excess of $100.
          (3) Supervision after 90-day period.--If the alien 
        does not leave or is not removed within the removal 
        period, the alien, pending removal, shall be subject to 
        supervision under regulations prescribed by the 
        Attorney General. The regulations shall include 
        provisions requiring the alien--
                  (A) to appear before an immigration officer 
                periodically for identification;
                  (B) to submit, if necessary, to a medical and 
                psychiatric examination at the expense of the 
                United States Government;
                  (C) to give information under oath about the 
                alien's nationality, circumstances, habits, 
                associations, and activities, and other 
                information the Attorney General considers 
                appropriate; and
                  (D) to obey reasonable written restrictions 
                on the alien's conduct or activities that the 
                Attorney General prescribes for the alien.
          (4) Aliens imprisoned, arrested, or on parole, 
        supervised release, or probation.--
                  (A) In general.--Except as provided in 
                section 343(a) of the Public Health Service Act 
                (42 U.S.C. 259(a)) and paragraph (2), the 
                Attorney General may not remove an alien who is 
                sentenced to imprisonment until the alien is 
                released from imprisonment. Parole, supervised 
                release, probation, or possibility of arrest or 
                further imprisonment is not a reason to defer 
                removal.
                  (B) Exception for removal of nonviolent 
                offenders prior to completion of sentence of 
                imprisonment.--The Attorney General is 
                authorized to remove an alien in accordance 
                with applicable procedures under this Act 
                before the alien has completed a sentence of 
                imprisonment--
                          (i) in the case of an alien in the 
                        custody of the Attorney General, if the 
                        Attorney General determines that (I) 
                        the alien is confined pursuant to a 
                        final conviction for a nonviolent 
                        offense (other than an offense related 
                        to smuggling or harboring of aliens or 
                        an offense described in section 
                        101(a)(43)(B), (C), (E), (I), or (L) 
                        and (II) the removal of the alien is 
                        appropriate and in the best interest of 
                        the United States; or
                          (ii) in the case of an alien in the 
                        custody of a State (or a political 
                        subdivision of a State), if the chief 
                        State official exercising authority 
                        with respect to the incarceration of 
                        the alien determines that (I) the alien 
                        is confined pursuant to a final 
                        conviction for a nonviolent offense 
                        (other than an offense described in 
                        section 101(a)(43)(C) or (E)), (II) the 
                        removal is appropriate and in the best 
                        interest of the State, and (III) 
                        submits a written request to the 
                        Attorney General that such alien be so 
                        removed.
                  (C) Notice.--Any alien removed pursuant to 
                this paragraph shall be notified of the 
                penalties under the laws of the United States 
                relating to the reentry of removed aliens, 
                particularly the expanded penalties for aliens 
                removed under subparagraph (B).
                  (D) No private right.--No cause or claim may 
                be asserted under this paragraph against any 
                official of the United States or of any State 
                to compel the release, removal, or 
                consideration for release or removal of any 
                alien.
          (5) Reinstatement of removal orders against aliens 
        illegally reentering.--If the Attorney General finds 
        that an alien has reentered the United States illegally 
        after having been removed or having departed 
        voluntarily, under an order of removal, the prior order 
        of removal is reinstated from its original date and is 
        not subject to being reopened or reviewed, the alien is 
        not eligible and may not apply for any relief under 
        this Act, and the alien shall be removed under the 
        prior order at any time after the reentry.
          (6) Inadmissible or criminal aliens.--An alien 
        ordered removed who is inadmissible under section 212, 
        removable under section 237(a)(1)(C), 237(a)(2), or 
        237(a)(4) or who has been determined by the Attorney 
        General to be a risk to the community or unlikely to 
        comply with the order of removal, may be detained 
        beyond the removal period and, if released, shall be 
        subject to the terms of supervision in paragraph (3).
          (7) Employment authorization.--No alien ordered 
        removed shall be eligible to receive authorization to 
        be employed in the United States unless the Attorney 
        General makes a specific finding that--
                  (A) the alien cannot be removed due to the 
                refusal of all countries designated by the 
                alien or under this section to receive the 
                alien, or
                  (B) the removal of the alien is otherwise 
                impracticable or contrary to the public 
                interest.
  (b) Countries to Which Aliens May Be Removed.--
          (1) Aliens arriving at the united states.--Subject to 
        paragraph (3)--
                  (A) In general.--Except as provided by 
                subparagraphs (B) and (C), an alien who arrives 
                at the United States and with respect to whom 
                proceedings under section 240 were initiated at 
                the time of such alien's arrival shall be 
                removed to the country in which the alien 
                boarded the vessel or aircraft on which the 
                alien arrived in the United States.
                  (B) Travel from contiguous territory.--If the 
                alien boarded the vessel or aircraft on which 
                the alien arrived in the United States in a 
                foreign territory contiguous to the United 
                States, an island adjacent to the United 
                States, or an island adjacent to a foreign 
                territory contiguous to the United States, and 
                the alien is not a native, citizen, subject, or 
                national of, or does not reside in, the 
                territory or island, removal shall be to the 
                country in which the alien boarded the vessel 
                that transported the alien to the territory or 
                island.
                  (C) Alternative countries.--If the government 
                of the country designated in subparagraph (A) 
                or (B) is unwilling to accept the alien into 
                that country's territory, removal shall be to 
                any of the following countries, as directed by 
                the Attorney General:
                          (i) The country of which the alien is 
                        a citizen, subject, or national.
                          (ii) The country in which the alien 
                        was born.
                          (iii) The country in which the alien 
                        has a residence.
                          (iv) A country with a government that 
                        will accept the alien into the 
                        country's territory if removal to each 
                        country described in a previous clause 
                        of this subparagraph is impracticable, 
                        inadvisable, or impossible.
          (2) Other aliens.--Subject to paragraph (3)--
                  (A) Selection of country by alien.--Except as 
                otherwise provided in this paragraph--
                          (i) any alien not described in 
                        paragraph (1) who has been ordered 
                        removed may designate one country to 
                        which the alien wants to be removed, 
                        and
                          (ii) the Attorney General shall 
                        remove the alien to the country the 
                        alien so designates.
                  (B) Limitation on designation.--An alien may 
                designate under subparagraph (A)(i) a foreign 
                territory contiguous to the United States, an 
                adjacent island, or an island adjacent to a 
                foreign territory contiguous to the United 
                States as the place to which the alien is to be 
                removed only if the alien is a native, citizen, 
                subject, or national of, or has resided in, 
                that designated territory or island.
                  (C) Disregarding designation.--The Attorney 
                General may disregard a designation under 
                subparagraph (A)(i) if--
                          (i) the alien fails to designate a 
                        country promptly;
                          (ii) the government of the country 
                        does not inform the Attorney General 
                        finally, within 30 days after the date 
                        the Attorney General first inquires, 
                        whether the government will accept the 
                        alien into the country;
                          (iii) the government of the country 
                        is not willing to accept the alien into 
                        the country; or
                          (iv) the Attorney General decides 
                        that removing the alien to the country 
                        is prejudicial to the United States.
                  (D) Alternative country.--If an alien is not 
                removed to a country designated under 
                subparagraph (A)(i), the Attorney General shall 
                remove the alien to a country of which the 
                alien is a subject, national, or citizen unless 
                the government of the country--
                          (i) does not inform the Attorney 
                        General or the alien finally, within 30 
                        days after the date the Attorney 
                        General first inquires or within 
                        another period of time the Attorney 
                        General decides is reasonable, whether 
                        the government will accept the alien 
                        into the country; or
                          (ii) is not willing to accept the 
                        alien into the country.
                  (E) Additional removal countries.--If an 
                alien is not removed to a country under the 
                previous subparagraphs of this paragraph, the 
                Attorney General shall remove the alien to any 
                of the following countries:
                          (i) The country from which the alien 
                        was admitted to the United States.
                          (ii) The country in which is located 
                        the foreign port from which the alien 
                        left for the United States or for a 
                        foreign territory contiguous to the 
                        United States.
                          (iii) A country in which the alien 
                        resided before the alien entered the 
                        country from which the alien entered 
                        the United States.
                          (iv) The country in which the alien 
                        was born.
                          (v) The country that had sovereignty 
                        over the alien's birthplace when the 
                        alien was born.
                          (vi) The country in which the alien's 
                        birthplace is located when the alien is 
                        ordered removed.
                          (vii) If impracticable, inadvisable, 
                        or impossible to remove the alien to 
                        each country described in a previous 
                        clause of this subparagraph, another 
                        country whose government will accept 
                        the alien into that country.
                  (F) Removal country when united states is at 
                war.--When the United States is at war and the 
                Attorney General decides that it is 
                impracticable, inadvisable, inconvenient, or 
                impossible to remove an alien under this 
                subsection because of the war, the Attorney 
                General may remove the alien--
                          (i) to the country that is host to a 
                        government in exile of the country of 
                        which the alien is a citizen or subject 
                        if the government of the host country 
                        will permit the alien's entry; or
                          (ii) if the recognized government of 
                        the country of which the alien is a 
                        citizen or subject is not in exile, to 
                        a country, or a political or 
                        territorial subdivision of a country, 
                        that is very near the country of which 
                        the alien is a citizen or subject, or, 
                        with the consent of the government of 
                        the country of which the alien is a 
                        citizen or subject, to another country.
          (3) Restriction on removal to a country where alien's 
        life or freedom would be threatened.--
                  (A) In general.--Notwithstanding paragraphs 
                (1) and (2), the Attorney General may not 
                remove an alien to a country if the Attorney 
                General decides that the alien's life or 
                freedom would be threatened in that country 
                because of the alien's race, religion, 
                nationality, membership in a particular social 
                group, or political opinion.
                  (B) Exception.--Subparagraph (A) does not 
                apply to an alien deportable under section 
                237(a)(4)(D) or if the Attorney General decides 
                that--
                          (i) the alien ordered, incited, 
                        assisted, or otherwise participated in 
                        the persecution of an individual 
                        because of the individual's race, 
                        religion, nationality, membership in a 
                        particular social group, or political 
                        opinion;
                          (ii) the alien, having been convicted 
                        by a final judgment of a particularly 
                        serious crime is a danger to the 
                        community of the United States;
                          (iii) there are serious reasons to 
                        believe that the alien committed a 
                        serious nonpolitical crime outside the 
                        United States before the alien arrived 
                        in the United States; or
                          (iv) there are reasonable grounds to 
                        believe that the alien is a danger to 
                        the security of the United States.
                For purposes of clause (ii), an alien who has 
                been convicted of an aggravated felony (or 
                felonies) for which the alien has been 
                sentenced to an aggregate term of imprisonment 
                of at least 5 years shall be considered to have 
                committed a particularly serious crime. The 
                previous sentence shall not preclude the 
                Attorney General from determining that, 
                notwithstanding the length of sentence imposed, 
                an alien has been convicted of a particularly 
                serious crime. For purposes of clause (iv), an 
                alien who is described in section 237(a)(4)(B) 
                shall be considered to be an alien with respect 
                to whom there are reasonable grounds for 
                regarding as a danger to the security of the 
                United States.
                  (C) Sustaining burden of proof; credibility 
                determinations.--In determining whether an 
                alien has demonstrated that the alien's life or 
                freedom would be threatened for a reason 
                described in subparagraph (A), the trier of 
                fact shall determine whether the alien has 
                sustained the alien's burden of proof, and 
                shall make credibility determinations, in the 
                manner described in clauses (ii) and (iii) of 
                section 208(b)(1)(B).
  (c) Removal of Aliens Arriving at Port of Entry.--
          (1) Vessels and aircraft.--An alien arriving at a 
        port of entry of the United States who is ordered 
        removed either without a hearing under section 
        235(b)(1) or 235(c) or pursuant to proceedings under 
        section 240 initiated at the time of such alien's 
        arrival shall be removed immediately on a vessel or 
        aircraft owned by the owner of the vessel or aircraft 
        on which the alien arrived in the United States, 
        unless--
                  (A) it is impracticable to remove the alien 
                on one of those vessels or aircraft within a 
                reasonable time, or
                  (B) the alien is a stowaway--
                          (i) who has been ordered removed in 
                        accordance with section 235(a)(1),
                          (ii) who has requested asylum, and
                          (iii) whose application has not been 
                        adjudicated or whose asylum application 
                        has been denied but who has not 
                        exhausted all appeal rights.
          (2) Stay of removal.--
                  (A) In general.--The Attorney General may 
                stay the removal of an alien under this 
                subsection if the Attorney General decides 
                that--
                          (i) immediate removal is not 
                        practicable or proper; or
                          (ii) the alien is needed to testify 
                        in the prosecution of a person for a 
                        violation of a law of the United States 
                        or of any State.
                  (B) Payment of detention costs.--During the 
                period an alien is detained because of a stay 
                of removal under subparagraph (A)(ii), the 
                Attorney General may pay from the appropriation 
                ``Immigration and Naturalization Service--
                Salaries and Expenses''--
                          (i) the cost of maintenance of the 
                        alien; and
                          (ii) a witness fee of $1 a day.
                  (C) Release during stay.--The Attorney 
                General may release an alien whose removal is 
                stayed under subparagraph (A)(ii) on--
                          (i) the alien's filing a bond of at 
                        least $500 with security approved by 
                        the Attorney General;
                          (ii) condition that the alien appear 
                        when required as a witness and for 
                        removal; and
                          (iii) other conditions the Attorney 
                        General may prescribe.
          (3) Costs of detention and maintenance pending 
        removal.--
                  (A) In general.--Except as provided in 
                subparagraph (B) and subsection (d), an owner 
                of a vessel or aircraft bringing an alien to 
                the United States shall pay the costs of 
                detaining and maintaining the alien--
                          (i) while the alien is detained under 
                        subsection (d)(1), and
                          (ii) in the case of an alien who is a 
                        stowaway, while the alien is being 
                        detained pursuant to--
                                  (I) subsection (d)(2)(A) or 
                                (d)(2)(B)(i),
                                  (II) subsection (d)(2)(B)(ii) 
                                or (iii) for the period of time 
                                reasonably necessary for the 
                                owner to arrange for 
                                repatriation or removal of the 
                                stowaway, including obtaining 
                                necessary travel documents, but 
                                not to extend beyond the date 
                                on which it is ascertained that 
                                such travel documents cannot be 
                                obtained from the country to 
                                which the stowaway is to be 
                                returned, or
                                  (III) section 
                                235(b)(1)(B)(ii), for a period 
                                not to exceed 15 days 
                                (excluding Saturdays, Sundays, 
                                and holidays) commencing on the 
                                first such day which begins on 
                                the earlier of 72 hours after 
                                the time of the initial 
                                presentation of the stowaway 
                                for inspection or at the time 
                                the stowaway is determined to 
                                have a credible fear of 
                                persecution.
                  (B) Nonapplication.--Subparagraph (A) shall 
                not apply if--
                          (i) the alien is a crewmember;
                          (ii) the alien has an immigrant visa;
                          (iii) the alien has a nonimmigrant 
                        visa or other documentation authorizing 
                        the alien to apply for temporary 
                        admission to the United States and 
                        applies for admission not later than 
                        120 days after the date the visa or 
                        documentation was issued;
                          (iv) the alien has a reentry permit 
                        and applies for admission not later 
                        than 120 days after the date of the 
                        alien's last inspection and admission;
                          (v)(I) the alien has a nonimmigrant 
                        visa or other documentation authorizing 
                        the alien to apply for temporary 
                        admission to the United States or a 
                        reentry permit;
                          (II) the alien applies for admission 
                        more than 120 days after the date the 
                        visa or documentation was issued or 
                        after the date of the last inspection 
                        and admission under the reentry permit; 
                        and
                          (III) the owner of the vessel or 
                        aircraft satisfies the Attorney General 
                        that the existence of the condition 
                        relating to inadmissibility could not 
                        have been discovered by exercising 
                        reasonable care before the alien 
                        boarded the vessel or aircraft; or
                          (vi) the individual claims to be a 
                        national of the United States and has a 
                        United States passport.
  (d) Requirements of Persons Providing Transportation.--
          (1) Removal at time of arrival.--An owner, agent, 
        master, commanding officer, person in charge, purser, 
        or consignee of a vessel or aircraft bringing an alien 
        (except an alien crewmember) to the United States 
        shall--
                  (A) receive an alien back on the vessel or 
                aircraft or another vessel or aircraft owned or 
                operated by the same interests if the alien is 
                ordered removed under this part; and
                  (B) take the alien to the foreign country to 
                which the alien is ordered removed.
          (2) Alien stowaways.--An owner, agent, master, 
        commanding officer, charterer, or consignee of a vessel 
        or aircraft arriving in the United States with an alien 
        stowaway--
                  (A) shall detain the alien on board the 
                vessel or aircraft, or at such place as the 
                Attorney General shall designate, until 
                completion of the inspection of the alien by an 
                immigration officer;
                  (B) may not permit the stowaway to land in 
                the United States, except pursuant to 
                regulations of the Attorney General 
                temporarily--
                          (i) for medical treatment,
                          (ii) for detention of the stowaway by 
                        the Attorney General, or
                          (iii) for departure or removal of the 
                        stowaway; and
                  (C) if ordered by an immigration officer, 
                shall remove the stowaway on the vessel or 
                aircraft or on another vessel or aircraft.
        The Attorney General shall grant a timely request to 
        remove the stowaway under subparagraph (C) on a vessel 
        or aircraft other than that on which the stowaway 
        arrived if the requester has obtained any travel 
        documents necessary for departure or repatriation of 
        the stowaway and removal of the stowaway will not be 
        unreasonably delayed.
          (3) Removal upon order.--An owner, agent, master, 
        commanding officer, person in charge, purser, or 
        consignee of a vessel, aircraft, or other 
        transportation line shall comply with an order of the 
        Attorney General to take on board, guard safely, and 
        transport to the destination specified any alien 
        ordered to be removed under this Act.
  (e) Payment of Expenses of Removal.--
          (1) Costs of removal at time of arrival.--In the case 
        of an alien who is a stowaway or who is ordered removed 
        either without a hearing under section 235(a)(1) or 
        235(c) or pursuant to proceedings under section 240 
        initiated at the time of such alien's arrival, the 
        owner of the vessel or aircraft (if any) on which the 
        alien arrived in the United States shall pay the 
        transportation cost of removing the alien. If removal 
        is on a vessel or aircraft not owned by the owner of 
        the vessel or aircraft on which the alien arrived in 
        the United States, the Attorney General may--
                  (A) pay the cost from the appropriation 
                ``Immigration and Naturalization Service--
                Salaries and Expenses''; and
                  (B) recover the amount of the cost in a civil 
                action from the owner, agent, or consignee of 
                the vessel or aircraft (if any) on which the 
                alien arrived in the United States.
          (2) Costs of removal to port of removal for aliens 
        admitted or permitted to land.--In the case of an alien 
        who has been admitted or permitted to land and is 
        ordered removed, the cost (if any) of removal of the 
        alien to the port of removal shall be at the expense of 
        the appropriation for the enforcement of this Act.
          (3) Costs of removal from port of removal for aliens 
        admitted or permitted to land.--
                  (A) Through appropriation.--Except as 
                provided in subparagraph (B), in the case of an 
                alien who has been admitted or permitted to 
                land and is ordered removed, the cost (if any) 
                of removal of the alien from the port of 
                removal shall be at the expense of the 
                appropriation for the enforcement of this Act.
                  (B) Through owner.--
                          (i) In general.--In the case of an 
                        alien described in clause (ii), the 
                        cost of removal of the alien from the 
                        port of removal may be charged to any 
                        owner of the vessel, aircraft, or other 
                        transportation line by which the alien 
                        came to the United States.
                          (ii) Aliens described.--An alien 
                        described in this clause is an alien 
                        who--
                                  (I) is admitted to the United 
                                States (other than lawfully 
                                admitted for permanent 
                                residence) and is ordered 
                                removed within 5 years of the 
                                date of admission based on a 
                                ground that existed before or 
                                at the time of admission, or
                                  (II) is an alien crewman 
                                permitted to land temporarily 
                                under section 252 and is 
                                ordered removed within 5 years 
                                of the date of landing.
                  (C) Costs of removal of certain aliens 
                granted voluntary departure.--In the case of an 
                alien who has been granted voluntary departure 
                under section 240B and who is financially 
                unable to depart at the alien's own expense and 
                whose removal the Attorney General deems to be 
                in the best interest of the United States, the 
                expense of such removal may be paid from the 
                appropriation for the enforcement of this Act.
  (f) Aliens Requiring Personal Care During Removal.--
          (1) In general.--If the Attorney General believes 
        that an alien being removed requires personal care 
        because of the alien's mental or physical condition, 
        the Attorney General may employ a suitable person for 
        that purpose who shall accompany and care for the alien 
        until the alien arrives at the final destination.
          (2) Costs.--The costs of providing the service 
        described in paragraph (1) shall be defrayed in the 
        same manner as the expense of removing the accompanied 
        alien is defrayed under this section.
  (g) Places of Detention.--
          (1) In general.--The Attorney General shall arrange 
        for appropriate places of detention for aliens detained 
        pending removal or a decision on removal. When United 
        States Government facilities are unavailable or 
        facilities adapted or suitably located for detention 
        are unavailable for rental, the Attorney General may 
        expend from the appropriation ``Immigration and 
        Naturalization Service--Salaries and Expenses'', 
        without regard to section 3709 of the Revised Statutes 
        (41 U.S.C. 5), amounts necessary to acquire land and to 
        acquire, build, remodel, repair, and operate facilities 
        (including living quarters for immigration officers if 
        not otherwise available) necessary for detention.
          (2) Detention facilities of the immigration and 
        naturalization service.--Prior to initiating any 
        project for the construction of any new detention 
        facility for the Service, the Commissioner shall 
        consider the availability for purchase or lease of any 
        existing prison, jail, detention center, or other 
        comparable facility suitable for such use.
  (h) Statutory Construction.--Nothing in this section shall be 
construed to create any substantive or procedural right or 
benefit that is legally enforceable by any party against the 
United States or its agencies or officers or any other person.
  (i) Incarceration.--
          (1) If the chief executive officer of a State (or, if 
        appropriate, a political subdivision of the State) 
        exercising authority with respect to the incarceration 
        of an undocumented criminal alien submits a written 
        request to the Attorney General, the Attorney General 
        shall, as determined by the Attorney General--
                  (A) enter into a contractual arrangement 
                which provides for compensation to the State or 
                a political subdivision of the State, as may be 
                appropriate, with respect to the incarceration 
                of the undocumented criminal alien; or
                  (B) take the undocumented criminal alien into 
                the custody of the Federal Government and 
                incarcerate the alien.
          (2) Compensation under paragraph (1)(A) shall be the 
        average cost of incarceration of a prisoner in the 
        relevant State as determined by the Attorney General.
          (3) For purposes of this subsection, the term 
        ``undocumented criminal alien'' means an alien who--
                  (A) has been convicted of a felony or two or 
                more misdemeanors; and
                  (B)(i) entered the United States without 
                inspection or at any time or place other than 
                as designated by the Attorney General;
                  (ii) was the subject of exclusion or 
                deportation proceedings at the time he or she 
                was taken into custody by the State or a 
                political subdivision of the State; or
                  (iii) was admitted as a nonimmigrant and at 
                the time he or she was taken into custody by 
                the State or a political subdivision of the 
                State 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.
          (4)(A) In carrying out paragraph (1), the Attorney 
        General shall give priority to the Federal 
        incarceration of undocumented criminal aliens who have 
        committed aggravated felonies.
          (B) The Attorney General shall ensure that 
        undocumented criminal aliens incarcerated in Federal 
        facilities pursuant to this subsection are held in 
        facilities which provide a level of security 
        appropriate to the crimes for which they were 
        convicted.
          (5) There are authorized to be appropriated to carry 
        out this subsection--
                  (A) $750,000,000 for fiscal year 2006;
                  (B) $850,000,000 for fiscal year 2007; and
                  (C) $950,000,000 for each of the fiscal years 
                2008 through 2011.
          (6) Amounts appropriated pursuant to the 
        authorization of appropriations in paragraph (5) that 
        are distributed to a State or political subdivision of 
        a State, including a municipality, may be used only for 
        correctional purposes.

                  judicial review of orders of removal

  Sec. 242. (a) Applicable Provisions.--
          (1) General orders of removal.--Judicial review of a 
        final order of removal (other than an order of removal 
        without a hearing pursuant to section 235(b)(1)) is 
        governed only by chapter 158 of title 28 of the United 
        States Code, except as provided in subsection (b) and 
        except that the court may not order the taking of 
        additional evidence under section 2347(c) of such 
        title.
          (2) Matters not subject to judicial review.--
                  (A) Review relating to section 235(b)(1).--
                Notwithstanding any other provision of law 
                (statutory or nonstatutory), including section 
                2241 of title 28, United States Code, or any 
                other habeas corpus provision, and sections 
                1361 and 1651 of such title, no court shall 
                have jurisdiction to review--
                          (i) except as provided in subsection 
                        (e), any individual determination or to 
                        entertain any other cause or claim 
                        arising from or relating to the 
                        implementation or operation of an order 
                        of removal pursuant to section 
                        235(b)(1),
                          (ii) except as provided in subsection 
                        (e), a decision by the Attorney General 
                        to invoke the provisions of such 
                        section,
                          (iii) the application of such section 
                        to individual aliens, including the 
                        determination made under section 
                        235(b)(1)(B), or
                          (iv) except as provided in subsection 
                        (e), procedures and policies adopted by 
                        the Attorney General to implement the 
                        provisions of section 235(b)(1).
                  (B) Denials of discretionary relief.--
                Notwithstanding any other provision of law 
                (statutory or nonstatutory), including section 
                2241 of title 28, United States Code, or any 
                other habeas corpus provision, and sections 
                1361 and 1651 of such title, and except as 
                provided in subparagraph (D), and regardless of 
                whether the judgment, decision, or action is 
                made in removal proceedings, no court shall 
                have jurisdiction to review--
                          (i) any judgment regarding the 
                        granting of relief under section 
                        212(h), 212(i), 240A, 240B, or 245, or
                          (ii) any other decision or action of 
                        the Attorney General or the Secretary 
                        of Homeland Security the authority for 
                        which is specified under this title to 
                        be in the discretion of the Attorney 
                        General or the Secretary of Homeland 
                        Security, other than the granting of 
                        relief under section 208(a).
                  (C) Orders against criminal aliens.--
                Notwithstanding any other provision of law 
                (statutory or nonstatutory), including section 
                2241 of title 28, United States Code, or any 
                other habeas corpus provision, and sections 
                1361 and 1651 of such title, and except as 
                provided in subparagraph (D), no court shall 
                have jurisdiction to review any final order of 
                removal against an alien who is removable by 
                reason of having committed a criminal offense 
                covered in section 212(a)(2) or 
                237(a)(2)(A)(iii), (B), (C), or (D), or any 
                offense covered by section 237(a)(2)(A)(ii) for 
                which both predicate offenses are, without 
                regard to their date of commission, otherwise 
                covered by section 237(a)(2)(A)(i).
                  (D) Judicial review of certain legal 
                claims.--Nothing in subparagraph (B) or (C), or 
                in any other provision of this Act (other than 
                this section) which limits or eliminates 
                judicial review, shall be construed as 
                precluding review of constitutional claims or 
                questions of law raised upon a petition for 
                review filed with an appropriate court of 
                appeals in accordance with this section.
          (3) Treatment of certain decisions.--No alien shall 
        have a right to appeal from a decision of an 
        immigration judge which is based solely on a 
        certification described in section 240(c)(1)(B).
          (4) Claims under the united nations convention.--
        Notwithstanding any other provision of law (statutory 
        or nonstatutory), including section 2241 of title 28, 
        United States Code, or any other habeas corpus 
        provision, and sections 1361 and 1651 of such title, a 
        petition for review filed with an appropriate court of 
        appeals in accordance with this section shall be the 
        sole and exclusive means for judicial review of any 
        cause or claim under the United Nations Convention 
        Against Torture and Other Forms of Cruel, Inhuman, or 
        Degrading Treatment or Punishment, except as provided 
        in subsection (e).
          (5) Exclusive means of review.--Notwithstanding any 
        other provision of law (statutory or nonstatutory), 
        including section 2241 of title 28, United States Code, 
        or any other habeas corpus provision, and sections 1361 
        and 1651 of such title, a petition for review filed 
        with an appropriate court of appeals in accordance with 
        this section shall be the sole and exclusive means for 
        judicial review of an order of removal entered or 
        issued under any provision of this Act, except as 
        provided in subsection (e). For purposes of this Act, 
        in every provision that limits or eliminates judicial 
        review or jurisdiction to review, the terms ``judicial 
        review'' and ``jurisdiction to review'' include habeas 
        corpus review pursuant to section 2241 of title 28, 
        United States Code, or any other habeas corpus 
        provision, sections 1361 and 1651 of such title, and 
        review pursuant to any other provision of law 
        (statutory or nonstatutory).
  (b) Requirements for Review of Orders of Removal.--With 
respect to review of an order of removal under subsection 
(a)(1), the following requirements apply:
          (1) Deadline.--The petition for review must be filed 
        not later than 30 days after the date of the final 
        order of removal.
          (2) Venue and forms.--The petition for review shall 
        be filed with the court of appeals for the judicial 
        circuit in which the immigration judge completed the 
        proceedings. The record and briefs do not have to be 
        printed. The court of appeals shall review the 
        proceeding on a typewritten record and on typewritten 
        briefs.
          (3) Service.--
                  (A) In general.--The respondent is the 
                Attorney General. The petition shall be served 
                on the Attorney General and on the officer or 
                employee of the Service in charge of the 
                Service district in which the final order of 
                removal under section 240 was entered.
                  (B) Stay of order.--Service of the petition 
                on the officer or employee does not stay the 
                removal of an alien pending the court's 
                decision on the petition, unless the court 
                orders otherwise.
                  (C) Alien's brief.--The alien shall serve and 
                file a brief in connection with a petition for 
                judicial review not later than 40 days after 
                the date on which the administrative record is 
                available, and may serve and file a reply brief 
                not later than 14 days after service of the 
                brief of the Attorney General, and the court 
                may not extend these deadlines except upon 
                motion for good cause shown. If an alien fails 
                to file a brief within the time provided in 
                this paragraph, the court shall dismiss the 
                appeal unless a manifest injustice would 
                result.
          (4) Scope and standard for review.--Except as 
        provided in paragraph (5)(B)--
                  (A) the court of appeals shall decide the 
                petition only on the administrative record on 
                which the order of removal is based,
                  (B) the administrative findings of fact are 
                conclusive unless any reasonable adjudicator 
                would be compelled to conclude to the contrary,
                  (C) a decision that an alien is not eligible 
                for admission to the United States is 
                conclusive unless manifestly contrary to law, 
                and
                  (D) the Attorney General's discretionary 
                judgment whether to grant relief under section 
                208(a) shall be conclusive unless manifestly 
                contrary to the law and an abuse of discretion.
        No court shall reverse a determination made by a trier 
        of fact with respect to the availability of 
        corroborating evidence, as described in section 
        208(b)(1)(B), 240(c)(4)(B), or 241(b)(3)(C), unless the 
        court finds, pursuant to section 242(b)(4)(B), that a 
        reasonable trier of fact is compelled to conclude that 
        such corroborating evidence is unavailable.
          (5) Treatment of nationality claims.--
                  (A) Court determination if no issue of 
                fact.--If the petitioner claims to be a 
                national of the United States and the court of 
                appeals finds from the pleadings and affidavits 
                that no genuine issue of material fact about 
                the petitioner's nationality is presented, the 
                court shall decide the nationality claim.
                  (B) Transfer if issue of fact.--If the 
                petitioner claims to be a national of the 
                United States and the court of appeals finds 
                that a genuine issue of material fact about the 
                petitioner's nationality is presented, the 
                court shall transfer the proceeding to the 
                district court of the United States for the 
                judicial district in which the petitioner 
                resides for a new hearing on the nationality 
                claim and a decision on that claim as if an 
                action had been brought in the district court 
                under section 2201 of title 28, United States 
                Code.
                  (C) Limitation on determination.--The 
                petitioner may have such nationality claim 
                decided only as provided in this paragraph.
          (6) Consolidation with review of motions to reopen or 
        reconsider.--When a petitioner seeks review of an order 
        under this section, any review sought of a motion to 
        reopen or reconsider the order shall be consolidated 
        with the review of the order.
          (7) Challenge to validity of orders in certain 
        criminal proceedings.--
                  (A) In general.--If the validity of an order 
                of removal has not been judicially decided, a 
                defendant in a criminal proceeding charged with 
                violating section 243(a) may challenge the 
                validity of the order in the criminal 
                proceeding only by filing a separate motion 
                before trial. The district court, without a 
                jury, shall decide the motion before trial.
                  (B) Claims of united states nationality.--If 
                the defendant claims in the motion to be a 
                national of the United States and the district 
                court finds that--
                          (i) no genuine issue of material fact 
                        about the defendant's nationality is 
                        presented, the court shall decide the 
                        motion only on the administrative 
                        record on which the removal order is 
                        based and the administrative findings 
                        of fact are conclusive if supported by 
                        reasonable, substantial, and probative 
                        evidence on the record considered as a 
                        whole; or
                          (ii) a genuine issue of material fact 
                        about the defendant's nationality is 
                        presented, the court shall hold a new 
                        hearing on the nationality claim and 
                        decide that claim as if an action had 
                        been brought under section 2201 of 
                        title 28, United States Code.
                The defendant may have such nationality claim 
                decided only as provided in this subparagraph.
                  (C) Consequence of invalidation.--If the 
                district court rules that the removal order is 
                invalid, the court shall dismiss the indictment 
                for violation of section 243(a). The United 
                States Government may appeal the dismissal to 
                the court of appeals for the appropriate 
                circuit within 30 days after the date of the 
                dismissal.
                  (D) Limitation on filing petitions for 
                review.--The defendant in a criminal proceeding 
                under section 243(a) may not file a petition 
                for review under subsection (a) during the 
                criminal proceeding.
          (8) Construction.--This subsection--
                  (A) does not prevent the Attorney General, 
                after a final order of removal has been issued, 
                from detaining the alien under section 241(a);
                  (B) does not relieve the alien from complying 
                with section 241(a)(4) and section 243(g); and
                  (C) does not require the Attorney General to 
                defer removal of the alien.
          (9) Consolidation of questions for judicial review.--
        Judicial review of all questions of law and fact, 
        including interpretation and application of 
        constitutional and statutory provisions, arising from 
        any action taken or proceeding brought to remove an 
        alien from the United States under this title shall be 
        available only in judicial review of a final order 
        under this section. Except as otherwise provided in 
        this section, no court shall have jurisdiction, by 
        habeas corpus under section 2241 of title 28, United 
        States Code, or any other habeas corpus provision, by 
        section 1361 or 1651 of such title, or by any other 
        provision of law (statutory or nonstatutory), to review 
        such an order or such questions of law or fact.
  (c) Requirements for Petition.--A petition for review or for 
habeas corpus of an order of removal--
          (1) shall attach a copy of such order, and
          (2) shall state whether a court has upheld the 
        validity of the order, and, if so, shall state the name 
        of the court, the date of the court's ruling, and the 
        kind of proceeding.
  (d) Review of Final Orders.--A court may review a final order 
of removal only if--
          (1) the alien has exhausted all administrative 
        remedies available to the alien as of right, and
          (2) another court has not decided the validity of the 
        order, unless the reviewing court finds that the 
        petition presents grounds that could not have been 
        presented in the prior judicial proceeding or that the 
        remedy provided by the prior proceeding was inadequate 
        or ineffective to test the validity of the order.
  (e) Judicial Review of Orders Under Section 235(b)(1).--
          (1) Limitations on relief.--Without regard to the 
        nature of the action or claim and without regard to the 
        identity of the party or parties bringing the action, 
        no court may--
                  (A) enter declaratory, injunctive, or other 
                equitable relief in any action pertaining to an 
                order to exclude an alien in accordance with 
                section 235(b)(1) except as specifically 
                authorized in a subsequent paragraph of this 
                subsection, or
                  (B) certify a class under Rule 23 of the 
                Federal Rules of Civil Procedure in any action 
                for which judicial review is authorized under a 
                subsequent paragraph of this subsection.
          (2) Habeas corpus proceedings.--Judicial review of 
        any determination made under section 235(b)(1) is 
        available in habeas corpus proceedings, but shall be 
        limited to determinations of--
                  (A) whether the petitioner is an alien,
                  (B) whether the petitioner was ordered 
                removed under such section, and
                  (C) whether the petitioner can prove by a 
                preponderance of the evidence that the 
                petitioner is an alien lawfully admitted for 
                permanent residence, has been admitted as a 
                refugee under section 207, or has been granted 
                asylum under section 208, such status not 
                having been terminated, and is entitled to such 
                further inquiry as prescribed by the Attorney 
                General pursuant to section 235(b)(1)(C).
          (3) Challenges on validity of the system.--
                  (A) In general.--Judicial review of 
                determinations under section 235(b) and its 
                implementation is available in an action 
                instituted in the United States District Court 
                for the District of Columbia, but shall be 
                limited to determinations of--
                          (i) whether such section, or any 
                        regulation issued to implement such 
                        section, is constitutional; or
                          (ii) whether such a regulation, or a 
                        written policy directive, written 
                        policy guideline, or written procedure 
                        issued by or under the authority of the 
                        Attorney General to implement such 
                        section, is not consistent with 
                        applicable provisions of this title or 
                        is otherwise in violation of law.
                  (B) Deadlines for bringing actions.--Any 
                action instituted under this paragraph must be 
                filed no later than 60 days after the date the 
                challenged section, regulation, directive, 
                guideline, or procedure described in clause (i) 
                or (ii) of subparagraph (A) is first 
                implemented.
                  (C) Notice of appeal.--A notice of appeal of 
                an order issued by the District Court under 
                this paragraph may be filed not later than 30 
                days after the date of issuance of such order.
                  (D) Expeditious consideration of cases.--It 
                shall be the duty of the District Court, the 
                Court of Appeals, and the Supreme Court of the 
                United States to advance on the docket and to 
                expedite to the greatest possible extent the 
                disposition of any case considered under this 
                paragraph.
          (4) Decision.--In any case where the court determines 
        that the petitioner--
                  (A) is an alien who was not ordered removed 
                under section 235(b)(1), or
                  (B) has demonstrated by a preponderance of 
                the evidence that the alien is an alien 
                lawfully admitted for permanent residence, has 
                been admitted as a refugee under section 207, 
                or has been granted asylum under section 208, 
                the court may order no remedy or relief other 
                than to require that the petitioner be provided 
                a hearing in accordance with section 240. Any 
                alien who is provided a hearing under section 
                240 pursuant to this paragraph may thereafter 
                obtain judicial review of any resulting final 
                order of removal pursuant to subsection (a)(1).
          (5) Scope of inquiry.--In determining whether an 
        alien has been ordered removed under section 235(b)(1), 
        the court's inquiry shall be limited to whether such an 
        order in fact was issued and whether it relates to the 
        petitioner. There shall be no review of whether the 
        alien is actually inadmissible or entitled to any 
        relief from removal.
  (f) Limit on Injunctive Relief.--
          (1) In general.--Regardless of the nature of the 
        action or claim or of the identity of the party or 
        parties bringing the action, no court (other than the 
        Supreme Court) shall have jurisdiction or authority to 
        enjoin or restrain the operation of the provisions of 
        chapter 4 of title II, as amended by the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 
        1996, other than with respect to the application of 
        such provisions to an individual alien against whom 
        proceedings under such chapter have been initiated.
          (2) Particular cases.--Notwithstanding any other 
        provision of law, no court shall enjoin the removal of 
        any alien pursuant to a final order under this section 
        unless the alien shows by clear and convincing evidence 
        that the entry or execution of such order is prohibited 
        as a matter of law.
          (3) Certain actions.--Paragraph (1) shall not apply 
        to an action brought pursuant to section 235(b)(3), 
        subsections (e) or (f) of section 236, or section 
        241(a)(2)(B).
  (g) Exclusive Jurisdiction.--Except as provided in this 
section and notwithstanding any other provision of law 
(statutory or nonstatutory), including section 2241 of title 
28, United States Code, or any other habeas corpus provision, 
and sections 1361 and 1651 of such title, no court shall have 
jurisdiction to hear any cause or claim by or on behalf of any 
alien arising from the decision or action by the Attorney 
General to commence proceedings, adjudicate cases, or execute 
removal orders against any alien under this Act.

                      penalties related to removal

  Sec. 243. (a) Penalty for Failure To Depart.--
          (1) In general.--Any alien against whom a final order 
        of removal is outstanding by reason of being a member 
        of any of the classes described in section 237(a), 
        who--
                  (A) willfully fails or refuses to depart from 
                the United States within a period of 90 days 
                from the date of the final order of removal 
                under administrative processes, or if judicial 
                review is had, then from the date of the final 
                order of the court,
                  (B) willfully fails or refuses to make timely 
                application in good faith for travel or other 
                documents necessary to the alien's departure,
                  (C) connives or conspires, or takes any other 
                action, designed to prevent or hamper or with 
                the purpose of preventing or hampering the 
                alien's departure pursuant to such, or
                  (D) willfully fails or refuses to present 
                himself or herself for removal at the time and 
                place required by the Attorney General pursuant 
                to such order,
        shall be fined under title 18, United States Code, or 
        imprisoned not more than four years (or 10 years if the 
        alien is a member of any of the classes described in 
        paragraph (1)(E), (2), (3), or (4) of section 237(a)), 
        or both.
          (2) Exception.--It is not a violation of paragraph 
        (1) to take any proper steps for the purpose of 
        securing cancellation of or exemption from such order 
        of removal or for the purpose of securing the alien's 
        release from incarceration or custody.
          (3) Suspension.--The court may for good cause suspend 
        the sentence of an alien under this subsection and 
        order the alien's release under such conditions as the 
        court may prescribe. In determining whether good cause 
        has been shown to justify releasing the alien, the 
        court shall take into account such factors as--
                  (A) the age, health, and period of detention 
                of the alien;
                  (B) the effect of the alien's release upon 
                the national security and public peace or 
                safety;
                  (C) the likelihood of the alien's resuming or 
                following a course of conduct which made or 
                would make the alien deportable;
                  (D) the character of the efforts made by such 
                alien himself and by representatives of the 
                country or countries to which the alien's 
                removal is directed to expedite the alien's 
                departure from the United States;
                  (E) the reason for the inability of the 
                Government of the United States to secure 
                passports, other travel documents, or removal 
                facilities from the country or countries to 
                which the alien has been ordered removed; and
                  (F) the eligibility of the alien for 
                discretionary relief under the immigration 
                laws.
  (b) Willful Failure To Comply with Terms of Release Under 
Supervision.--An alien who shall willfully fail to comply with 
regulations or requirements issued pursuant to section 
241(a)(3) or knowingly give false information in response to an 
inquiry under such section shall be fined not more than $1,000 
or imprisoned for not more than one year, or both.
  (c) Penalties Relating To Vessels and Aircraft.--
          (1) Civil penalties.--
                  (A) Failure to carry out certain orders.--If 
                the Attorney General is satisfied that a person 
                has violated subsection (d) or (e) of section 
                241, the person shall pay to the Commissioner 
                the sum of $2,000 for each violation.
                  (B) Failure to remove alien stowaways.--If 
                the Attorney General is satisfied that a person 
                has failed to remove an alien stowaway as 
                required under section 241(d)(2), the person 
                shall pay to the Commissioner the sum of $5,000 
                for each alien stowaway not removed.
                  (C) No compromise.--The Attorney General may 
                not compromise the amount of such penalty under 
                this paragraph.
          (2) Clearing vessels and aircraft.--
                  (A) Clearance before decision on liability.--
                A vessel or aircraft may be granted clearance 
                before a decision on liability is made under 
                paragraph (1) only if a bond approved by the 
                Attorney General or an amount sufficient to pay 
                the civil penalty is deposited with the 
                Commissioner.
                  (B) Prohibition on clearance while penalty 
                unpaid.--A vessel or aircraft may not be 
                granted clearance if a civil penalty imposed 
                under paragraph (1) is not paid.
  (d) Discontinuing Granting Visas to Nationals of Country 
Denying or Delaying Accepting Alien.--On being notified by the 
Attorney General that the government of a foreign country 
denies or unreasonably delays accepting an alien who is a 
citizen, subject, national, or resident of that country after 
the Attorney General asks whether the government will accept 
the alien under this section, the Secretary of State shall 
order consular officers in that foreign country to discontinue 
granting immigrant visas or nonimmigrant visas, or both, to 
citizens, subjects, nationals, and residents of that country 
until the Attorney General notifies the Secretary that the 
country has accepted the alien.
  (e) Enforcement by Attorney General of a State.--The attorney 
general of a State, or other authorized State officer, alleging 
a violation of the requirement to discontinue granting visas to 
citizens, subjects, nationals, and residents as described in 
subsection (d) that harms such State or its residents shall 
have standing to bring an action against the Secretary of State 
on behalf of such State or the residents of such State in an 
appropriate district court of the United States to obtain 
appropriate injunctive relief. The court shall advance on the 
docket and expedite the disposition of a civil action filed 
under this subsection to the greatest extent practicable. For 
purposes of this subsection, a State or its residents shall be 
considered to have been harmed if the State or its residents 
experience harm, including financial harm in excess of $100.

           *       *       *       *       *       *       *


                            Dissenting Views

    After a string of setbacks for conservative governors and 
state attorneys general, in which courts have properly found 
that states have no standing to sue the federal government over 
certain immigration policies, Republicans are attempting to 
invent grounds for standing, where none plainly exists. For the 
reasons below, I urge all Members to oppose this legislation.
    To begin with, this bill may very well be unconstitutional. 
It goes directly against the Supreme Court's settled precedent 
in Spokeo, Inc. v. Robins, which explicitly states that a 
statutory right to sue does not constitute an injury for 
purposes of standing.\1\ Standing is a constitutional 
requirement under Article III, which vests the Judicial Branch 
with ``[t]he judicial Power of the United States,''\2\ but 
specifies that this power extends only to ``Cases'' and 
``Controversies.''\3\ The Supreme Court has repeatedly noted 
the importance of standing in upholding our system of 
separation of powers, observing that ``[n]o principle is more 
fundamental to the judiciary's proper role in our system of 
government than the constitutional limitation of federal-court 
jurisdiction to actual cases or controversies.''\4\
---------------------------------------------------------------------------
    \1\Spokeo, Inc. v. Robins, 578 U.S. 330 at 341 (2016).
    \2\U.S. Const. Art. III, Sec. 1.
    \3\U.S. Const. Art. III, Sec. 2.
    \4\Raines v. Byrd, 521 U.S. 811, 818 (1997).
---------------------------------------------------------------------------
    This is particularly salient in the immigration context, 
where the Executive Branch must exercise its discretion under 
its constitutional and statutory authority to enforce 
immigration law because of limited resources and the impact 
such decisions may have on its primary role in matters of 
foreign policy and commerce. Congress cannot by statute alone 
elevate all de facto injuries--if any--that may result from the 
Executive Branch's exercise of discretion in immigration 
enforcement matters to meet the requirements of Article III 
standing. Here, this bill would deem that States have standing 
to sue so long as the state or its residents suffer any degree 
of harm, while appearing only to exclude financial harms that 
are less than $100. This bill is a transparent attempt to 
permit States to dictate immigration policy to the federal 
government through the courts. Congress simply cannot ignore 
the Constitution's standing requirements to do so.
    The Supreme Court most recently addressed the issue of 
states' standing to sue the federal government over immigration 
enforcement matters in United States v. Texas.\5\ In that 2023 
decision, the Court held, 8-1 that Texas and Louisiana lacked 
Article III standing to bring suit against the federal 
government over its purported violation of federal immigration 
statutes that, according to the states, required it to arrest 
more criminal noncitizens pending removal.\6\ The states had 
argued that they had standing to bring suit because the federal 
government's failure to comply with those statutory mandates 
had imposed costs on the states, such as the costs of 
incarceration or the provision of social services like health 
care and education to noncitizens who should have been arrested 
by the federal government.\7\
---------------------------------------------------------------------------
    \5\599 U.S. 670 (2023).
    \6\Id. at 674, 676, 686.
    \7\Id. at 674.
---------------------------------------------------------------------------
    In outlining its standing analysis, the Court emphasized 
that ``Article III of the Constitution confines the federal 
judicial power to `Cases' and `Controversies,''' which ``exist 
only if a plaintiff has standing to sue--a bedrock 
constitutional requirement . . .''\8\ It further highlighted 
that the ``principle of Article III standing is `built on a 
single basic idea--the idea of separation of powers.'''\9\ And 
that ``standing doctrine helps safeguard the Judiciary's 
proper--and properly limited--role in our constitutional 
system,''\10\ preventing ``the judicial process from being used 
to usurp the powers of the political branches.''\11\
---------------------------------------------------------------------------
    \8\Id. at 675.
    \9\Id. (quoting Allen v. Wright, 468 U.S. 737, 752 (1984)).
    \10\Id. at 675-676.
    \11\Id. at 676 (quoting Clapper v. Amnesty Int'l USA, 568 U.S. 398, 
408 (2013)).
---------------------------------------------------------------------------
    In rejecting the states' standing argument, the Court noted 
that the states had failed to cite any precedent, history, or 
tradition of courts ordering the Executive Branch to change its 
arrest or prosecution policies so that it makes more arrests or 
initiates more prosecutions, and that it had, in fact, 
previously found that plaintiffs lack standing to bring such a 
suit.\12\ The Court reasoned that there were several good 
reasons why this was the case, including the fact that when the 
Executive Branch chooses not to arrest or prosecute someone, it 
does not exercise coercive power over an individual and, 
therefore, does not infringe upon interests that courts 
normally protect.\13\ Additionally, the Court noted, lawsuits 
alleging insufficient arrests or prosecution run against the 
Executive Branch's Article II authority to enforce the law, 
which includes the discretion to determine enforcement 
priorities in the face of lack of resources and shifting public 
safety and public welfare needs.\14\ The Court noted that by 
``concluding that Texas and Louisiana lack standing here, we 
abide by and reinforce the proper role of the Federal Judiciary 
under Article III.''\15\
---------------------------------------------------------------------------
    \12\Id. at 677.
    \13\Id. at 678.
    \14\Id.
    \15\Id. at 681. In dicta, the Court noted several potential 
instances where it might find standing in cases concerning the 
Executive Branch's alleged failure to make more arrests or bring more 
prosecutions. These included (1) suits alleging selective prosecution 
claims under the Equal Protection Clause; (2) cases where Congress 
elevated de facto injuries to the status of legally cognizable injuries 
redressable by a federal court by defining a set of plaintiffs who have 
suffered ``concrete harms'' from executive under-enforcement and 
specifically authorizing courts to enter orders requiring the Executive 
Branch to make additional arrests or prosecutions; (3) cases where the 
Executive Branch wholly abandoned its statutory responsibilities to 
make arrests or bring prosecutions; (4) a challenge to Executive Branch 
policy involving both the Executive Branch's enforcement priorities and 
its provision of legal benefits or legal status; and (5) cases 
concerning policies governing the continued detention of noncitizens 
who have already been arrested. Id. at 681-683.
---------------------------------------------------------------------------
    Despite clear precedent that Congress cannot create 
standing where none exists, this bill attempts to provide an 
end-run around the Court's ruling in United States v. Texas and 
to give states standing to sue under certain provisions of the 
Immigration Nationality Act (INA), including the two sections 
specifically rejected by the Court in that case. To rectify 
this, at markup, I offered an amendment to strike those two 
sections from this bill. Republicans defeated this amendment on 
a party line vote. The majority did not provide substantive 
arguments against this amendment beyond arguing that dicta by 
Justice Kavanaugh in this opinion left open the idea of 
legislation by Congress.
    Additionally, many of the immigration provisions covered in 
this bill contain standards that have never been met, and no 
Congress or administration has ever provided or requested the 
funding to attempt to meet them. Republicans likewise disagree 
with the administration's straightforward interpretation of the 
parole provision of the INA, which is in line with 70 years of 
presidential precedent. Any concerns about a ``violation'' of 
these provisions would be an expression of displeasure with 
policy choices and not an argument that an administration is 
willfully ignoring the law. Just as such policy differences 
could not provide a legitimate justification for the absurd 
impeachment of Secretary Mayorkas on similar grounds, they 
likewise do not constitute legitimate injuries for the purposes 
of standing.
    To rectify this, at markup, Representative Jayapal (D-WA) 
offered an amendment to strike the parole section from this 
bill. Republicans defeated this amendment on a party line vote. 
The majority did not provide substantive arguments against this 
amendment beyond arguing that they do not like the current 
administration's use of parole.
    For all of these reasons, I dissent, and I urge all of my 
colleagues to oppose this legislation.
                                            Jerrold Nadler,
                                                    Ranking Member.

                                  [all]