Bill Summary
This legislation covers a variety of topics related to immigration and asylum procedures. It includes amendments to various sections of the Immigration and Nationality Act, such as clarifying rules for interviewing and detaining unaccompanied alien children and making changes to the detention process for dangerous aliens. It also defines terms such as "aggravated felony" and "crime of violence" and addresses issues such as gang-related activity, ICE detainers, and increasing the number of authorized immigration judges to address the backlog of cases. The legislation also includes provisions for deterring fraud and frivolous asylum applications and clarifying the role of the Secretary of Homeland Security in various immigration matters.
Possible Impacts
1. The Repatriation of Unaccompanied Alien Children legislation will require specialized training for immigration officers who conduct interviews with these children.
2. The new rules for family detention will allow for the detention of alien children who are not unaccompanied, and prohibits their release to anyone other than a parent or legal guardian.
3. The legislation clarifies the definition of "aggravated felony" for immigration purposes, including offenses related to terrorism, fraud, and failure to appear in court. This will impact individuals who have been convicted of these offenses, regardless of when the conviction occurred.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 574 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 574
To clarify standards of family detention and the treatment of
unaccompanied alien children, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 15, 2019
Mr. Meadows introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committees on
Foreign Affairs, and Homeland Security, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To clarify standards of family detention and the treatment of
unaccompanied alien children, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Equal Protection
of Unaccompanied Minors Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--UNACCOMPANIED ALIEN CHILDREN; INTERIOR IMMIGRATION ENFORCEMENT
Sec. 1101. Repatriation of unaccompanied alien children.
Sec. 1102. Clarification of standards for family detention.
Sec. 1103. Detention of dangerous aliens.
Sec. 1104. Definition of aggravated felony.
Sec. 1105. Crime of violence.
Sec. 1106. Grounds of inadmissibility and deportability for alien gang
members.
Sec. 1107. Special immigrant juvenile status for immigrants unable to
reunite with either parent.
Sec. 1108. Clarification of authority regarding determinations of
convictions.
Sec. 1109. Adding attempt and conspiracy to commit terrorism-related
inadmissibility grounds acts to the
definition of engaging in terrorist
activity.
Sec. 1110. Clarifying the authority of ice detainers.
Sec. 1111. Department of Homeland Security access to crime information
databases.
Sec. 1112. Clarification of congressional intent.
TITLE II--ASYLUM REFORM
Sec. 2101. Credible fear interviews.
Sec. 2102. Jurisdiction of asylum applications.
Sec. 2103. Recording expedited removal and credible fear interviews.
Sec. 2104. Safe third country.
Sec. 2105. Renunciation of asylum status pursuant to return to home
country.
Sec. 2106. Notice concerning frivolous asylum applications.
Sec. 2107. Anti-fraud investigative work product.
Sec. 2108. Penalties for asylum fraud.
Sec. 2109. Statute of limitations for asylum fraud.
Sec. 2110. Technical amendments.
TITLE III--IMMIGRATION JUDGES, FACILITIES, AND PERSONNEL
Sec. 3101. Facilities for asylum applicants who retain custody of a
child.
Sec. 3102. Increasing the number of authorized immigration judges.
Sec. 3103. Increasing the number of available Department of Homeland
Security employees.
Sec. 3104. Definitions.
TITLE I--UNACCOMPANIED ALIEN CHILDREN; INTERIOR IMMIGRATION ENFORCEMENT
SEC. 1101. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.
(a) In General.--Section 235 of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is
amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) by amending the heading to read as
follows: ``Rules for unaccompanied alien
children.--'';
(ii) in subparagraph (A)--
(I) in the matter preceding clause
(i), by striking ``who is a national or
habitual resident of a country that is
contiguous with the United States'';
(II) in clause (i), by inserting
``and'' at the end;
(III) in clause (ii), by striking
``; and'' and inserting a period; and
(IV) by striking clause (iii);
(iii) in subparagraph (B)--
(I) in the matter preceding clause
(i), by striking ``(8 U.S.C. 1101 et
seq.) may--'' and inserting ``(8 U.S.C.
1101 et seq.)--'';
(II) in clause (i), by inserting
before ``permit such child to
withdraw'' the following: ``may''; and
(III) in clause (ii), by inserting
before ``return such child'' the
following: ``shall''; and
(iv) in subparagraph (C)--
(I) by amending the heading to read
as follows: ``Agreements with foreign
countries.--''; and
(II) in the matter preceding clause
(i), by striking ``The Secretary of
State shall negotiate agreements
between the United States and countries
contiguous to the United States'' and
inserting ``The Secretary of State may
negotiate agreements between the United
States and any foreign country that the
Secretary determines appropriate'';
(B) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively, and inserting
after paragraph (2) the following:
``(3) Special rules for interviewing unaccompanied alien
children.--An unaccompanied alien child shall be interviewed by
a dedicated U.S. Citizenship and Immigration Services
immigration officer with specialized training in interviewing
child trafficking victims. Such officer shall be in plain
clothes and shall not carry a weapon. The interview shall occur
in a private room.''; and
(C) in paragraph (6)(D) (as so redesignated)--
(i) in the matter preceding clause (i), by
striking ``, except for an unaccompanied alien
child from a contiguous country subject to
exceptions under subsection (a)(2),'' and
inserting ``who does not meet the criteria
listed in paragraph (2)(A)''; and
(ii) in clause (i), by inserting before the
semicolon at the end the following: ``, which
shall include a hearing before an immigration
judge not later than 14 days after being
screened under paragraph (4)'';
(2) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A), by inserting
before the semicolon the following: ``believed
not to meet the criteria listed in subsection
(a)(2)(A)''; and
(ii) in subparagraph (B), by inserting
before the period the following: ``and does not
meet the criteria listed in subsection
(a)(2)(A)''; and
(B) in paragraph (3), by striking ``an
unaccompanied alien child in custody shall'' and all
that follows, and inserting the following: ``an
unaccompanied alien child in custody--
``(A) in the case of a child who does not meet the
criteria listed in subsection (a)(2)(A), shall transfer
the custody of such child to the Secretary of Health
and Human Services not later than 30 days after
determining that such child is an unaccompanied alien
child who does not meet such criteria; or
``(B) in the case of child who meets the criteria
listed in subsection (a)(2)(A), may transfer the
custody of such child to the Secretary of Health and
Human Services after determining that such child is an
unaccompanied alien child who meets such criteria.'';
and
(3) in subsection (c)--
(A) in paragraph (3), by inserting at the end the
following:
``(D) Information about individuals with whom
children are placed.--
``(i) Information to be provided to
homeland security.--Before placing a child with
an individual, the Secretary of Health and
Human Services shall provide to the Secretary
of Homeland Security, regarding the individual
with whom the child will be placed, the
following information:
``(I) The name of the individual.
``(II) The social security number
of the individual, if available.
``(III) The date of birth of the
individual.
``(IV) The location of the
individual's residence where the child
will be placed.
``(V) The immigration status of the
individual, if known.
``(VI) Contact information for the
individual.
``(ii) Special rule.--In the case of a
child who was apprehended on or after the
effective date of this clause, and before the
date of the enactment of this subparagraph, who
the Secretary of Health and Human Services
placed with an individual, the Secretary shall
provide the information listed in clause (i) to
the Secretary of Homeland Security not later
than 90 days after such date of enactment.
``(iii) Activities of secretary of homeland
security.--Not later than 30 days after
receiving the information listed in clause (i),
the Secretary of Homeland Security shall--
``(I) in the case that the
immigration status of an individual
with whom a child is placed is unknown,
investigate the immigration status of
that individual; and
``(II) upon determining that an
individual with whom a child is placed
is unlawfully present in the United
States, initiate removal proceedings
pursuant to chapter 4 of title II of
the Immigration and Nationality Act (8
U.S.C. 1221 et seq.).''; and
(B) in paragraph (5)--
(i) by inserting ``(at no expense to the
Government)'' after ``to the greatest extent
practicable''; and
(ii) by striking ``have counsel to
represent them'' and inserting ``have access to
counsel to represent them''.
(b) Effective Date.--The amendments made by this section shall
apply to any unauthorized alien child apprehended on or after the date
of enactment.
SEC. 1102. CLARIFICATION OF STANDARDS FOR FAMILY DETENTION.
(a) In General.--Section 235 of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is
amended by adding at the end the following:
``(j) Construction.--
``(1) In general.--Notwithstanding any other provision of
law, judicial determination, consent decree, or settlement
agreement, the detention of any alien child who is not an
unaccompanied alien child shall be governed by sections 217,
235, 236, and 241 of the Immigration and Nationality Act (8
U.S.C. 1187, 1225, 1226, and 1231). There exists no presumption
that an alien child who is not an unaccompanied alien child
should not be detained, and all such determinations shall be in
the discretion of the Secretary of Homeland Security.
``(2) Release of minors other than unaccompanied aliens.--
In no circumstances shall an alien minor who is not an
unaccompanied alien child be released by the Secretary of
Homeland Security other than to a parent or legal guardian.
``(3) Family detention.--The Secretary of Homeland Security
shall--
``(A) maintain the care and custody of an alien,
during the period which the charges described in clause
(i) are pending, who--
``(i) is charged only with a misdemeanor
offense under section 275(a) of the Immigration
and Nationality Act (8 U.S.C. 1325(a)); and
``(ii) entered the United States with the
alien's child who has not attained 18 years of
age; and
``(B) detain the alien with the alien's child.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
all actions that occur before, on, or after the date of the enactment
of this Act.
(c) Preemption of State Licensing Requirements.--Notwithstanding
any other provision of law, judicial determination, consent decree, or
settlement agreement, no State may require that an immigration
detention facility used to detain children who have not attained 18
years of age, families consisting of one or more such children and the
parents or legal guardians of such children, that is located in that
State, be licensed by the State or any political subdivision thereof.
SEC. 1103. DETENTION OF DANGEROUS ALIENS.
Section 241(a) of the Immigration and Nationality Act (8 U.S.C.
1231(a)) is amended--
(1) by striking ``Attorney General'' each place it appears,
except for the first reference in paragraph (4)(B)(i), and
inserting ``Secretary of Homeland Security'';
(2) in paragraph (1), by amending subparagraph (B) to read
as follows:
``(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 alien is not in the custody
of the Secretary on the date the order of
removal becomes administratively final, the
date the alien is taken into such custody.
``(iii) If the alien is detained or
confined (except under an immigration process)
on the date the order of removal becomes
administratively final, the date the alien is
taken into the custody of the Secretary, after
the alien is released from such detention or
confinement.'';
(3) in paragraph (1), by amending subparagraph (C) to read
as follows:
``(C) Suspension of period.--
``(i) Extension.--The removal period shall
be extended beyond a period of 90 days and the
Secretary may, in the Secretary's sole
discretion, keep the alien in detention during
such extended period if--
``(I) the alien fails or refuses to
make all reasonable efforts to comply
with the removal order, or to fully
cooperate with the Secretary's efforts
to establish the alien's identity and
carry out the removal order, including
making 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
that is subject to an order of removal;
``(II) a court, the Board of
Immigration Appeals, or an immigration
judge orders a stay of removal of an
alien who is subject to an
administratively final order of
removal;
``(III) the Secretary transfers
custody of the alien pursuant to law to
another Federal agency or a State or
local government agency in connection
with the official duties of such
agency; or
``(IV) a court or the Board of
Immigration Appeals orders a remand to
an immigration judge or the Board of
Immigration Appeals, during the time
period when the case is pending a
decision on remand (with the removal
period beginning anew on the date that
the alien is ordered removed on
remand).
``(ii) Renewal.--If the removal period has
been extended under subparagraph (C)(i), a new
removal period shall be deemed to have begun on
the date--
``(I) the alien makes all
reasonable efforts to comply with the
removal order, or to fully cooperate
with the Secretary's efforts to
establish the alien's identity and
carry out the removal order;
``(II) the stay of removal is no
longer in effect; or
``(III) the alien is returned to
the custody of the Secretary.
``(iii) Mandatory detention for certain
aliens.--In the case of an alien described in
subparagraphs (A) through (D) of section
236(c)(1), the Secretary shall keep that alien
in detention during the extended period
described in clause (i).
``(iv) Sole form of relief.--An alien may
seek relief from detention under this
subparagraph only by filing an application for
a writ of habeas corpus in accordance with
chapter 153 of title 28, United States Code. No
alien whose period of detention is extended
under this subparagraph shall have the right to
seek release on bond.'';
(4) in paragraph (3)--
(A) by adding after ``If the alien does not leave
or is not removed within the removal period'' the
following: ``or is not detained pursuant to paragraph
(6) of this subsection''; and
(B) by striking subparagraph (D) and inserting the
following:
``(D) to obey reasonable restrictions on the
alien's conduct or activities that the Secretary
prescribes for the alien, in order to prevent the alien
from absconding, for the protection of the community,
or for other purposes related to the enforcement of the
immigration laws.'';
(5) in paragraph (4)(A), by striking ``paragraph (2)'' and
inserting ``subparagraph (B)''; and
(6) by striking paragraph (6) and inserting the following:
``(6) Additional rules for detention or release of certain
aliens.--
``(A) Detention review process for cooperative
aliens established.--For an alien who is not otherwise
subject to mandatory detention, who has made all
reasonable efforts to comply with a removal order and
to cooperate fully with the Secretary of Homeland
Security's efforts to establish the alien's identity
and carry out the removal order, including making
timely application in good faith for travel or other
documents necessary to the alien's departure, and who
has not conspired or acted to prevent removal, the
Secretary shall establish an administrative review
process to determine whether the alien should be
detained or released on conditions. The Secretary shall
make a determination whether to release an alien after
the removal period in accordance with subparagraph (B).
The determination shall include consideration of any
evidence submitted by the alien, and may include
consideration of any other evidence, including any
information or assistance provided by the Secretary of
State or other Federal official and any other
information available to the Secretary of Homeland
Security pertaining to the ability to remove the alien.
``(B) Authority to detain beyond removal period.--
``(i) In general.--The Secretary of
Homeland Security, in the exercise of the
Secretary's sole discretion, may continue to
detain an alien for 90 days beyond the removal
period (including any extension of the removal
period as provided in paragraph (1)(C)). An
alien whose detention is extended under this
subparagraph shall have no right to seek
release on bond.
``(ii) Specific circumstances.--The
Secretary of Homeland Security, in the exercise
of the Secretary's sole discretion, may
continue to detain an alien beyond the 90 days
authorized in clause (i)--
``(I) until the alien is removed,
if the Secretary, in the Secretary's
sole discretion, determines that there
is a significant likelihood that the
alien--
``(aa) will be removed in
the reasonably foreseeable
future; or
``(bb) would be removed in
the reasonably foreseeable
future, or would have been
removed, but for the alien's
failure or refusal to make all
reasonable efforts to comply
with the removal order, or to
cooperate fully with the
Secretary's efforts to
establish the alien's identity
and carry out the removal
order, including making timely
application in good faith for
travel or other documents
necessary to the alien's
departure, or conspires or acts
to prevent removal;
``(II) until the alien is removed,
if the Secretary of Homeland Security
certifies in writing--
``(aa) in consultation with
the Secretary of Health and
Human Services, that the alien
has a highly contagious disease
that poses a threat to public
safety;
``(bb) after receipt of a
written recommendation from the
Secretary of State, that
release of the alien is likely
to have serious adverse foreign
policy consequences for the
United States;
``(cc) based on information
available to the Secretary of
Homeland Security (including
classified, sensitive, or
national security information,
and without regard to the
grounds upon which the alien
was ordered removed), that
there is reason to believe that
the release of the alien would
threaten the national security
of the United States; or
``(dd) that the release of
the alien will threaten the
safety of the community or any
person, conditions of release
cannot reasonably be expected
to ensure the safety of the
community or any person, and
either (AA)--
``(AA) the alien
has been convicted of
(aaa) one or more
aggravated felonies (as
defined in section
101(a)(43)(A)), (bbb)
one or more crimes
identified by the
Secretary of Homeland
Security by regulation,
if the aggregate term
of imprisonment for
such crimes is at least
5 years, or (ccc) one
or more attempts or
conspiracies to commit
any such aggravated
felonies or such
identified crimes, if
the aggregate term of
imprisonment for such
attempts or
conspiracies is at
least 5 years; or
``(BB) the alien
has committed one or
more violent crimes (as
referred to in section
101(a)(43)(F), but not
including a purely
political offense) and,
because of a mental
condition or
personality disorder
and behavior associated
with that condition or
disorder, the alien is
likely to engage in
acts of violence in the
future; or
``(III) pending a certification
under subclause (II), so long as the
Secretary of Homeland Security has
initiated the administrative review
process not later than 30 days after
the expiration of the removal period
(including any extension of the removal
period, as provided in paragraph
(1)(C)).
``(iii) No right to bond hearing.--An alien
whose detention is extended under this
subparagraph shall have no right to seek
release on bond, including by reason of a
certification under clause (ii)(II).
``(C) Renewal and delegation of certification.--
``(i) Renewal.--The Secretary of Homeland
Security may renew a certification under
subparagraph (B)(ii)(II) every 6 months, after
providing an opportunity for the alien to
request reconsideration of the certification
and to submit documents or other evidence in
support of that request. If the Secretary does
not renew a certification, the Secretary may
not continue to detain the alien under
subparagraph (B)(ii)(II).
``(ii) Delegation.--Notwithstanding section
103, the Secretary of Homeland Security may not
delegate the authority to make or renew a
certification described in item (bb), (cc), or
(dd) of subparagraph (B)(ii)(II) below the
level of the Director of Immigration and
Customs Enforcement.
``(iii) Hearing.--The Secretary of Homeland
Security may request that the Attorney General
or the Attorney General's designee provide for
a hearing to make the determination described
in item (dd)(BB) of subparagraph (B)(ii)(II).
``(D) Release on conditions.--If it is determined
that an alien should be released from detention by a
Federal court, the Board of Immigration Appeals, or if
an immigration judge orders a stay of removal, the
Secretary of Homeland Security, in the exercise of the
Secretary's discretion, may impose conditions on
release as provided in paragraph (3).
``(E) Redetention.--The Secretary of Homeland
Security, in the exercise of the Secretary's
discretion, without any limitations other than those
specified in this section, may again detain any alien
subject to a final removal order who is released from
custody, if removal becomes likely in the reasonably
foreseeable future, the alien fails to comply with the
conditions of release, or to continue to satisfy the
conditions described in subparagraph (A), or if, upon
reconsideration, the Secretary, in the Secretary's sole
discretion, determines that the alien can be detained
under subparagraph (B). This section shall apply to any
alien returned to custody pursuant to this
subparagraph, as if the removal period terminated on
the day of the redetention.
``(F) Review of determinations by secretary.--A
determination by the Secretary under this paragraph
shall not be subject to review by any other agency.''.
SEC. 1104. DEFINITION OF AGGRAVATED FELONY.
(a) In General.--Section 101(a)(43) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(43)) is amended to read as follows:
``(43) Notwithstanding any other provision of law, the term
`aggravated felony' means any offense, whether in violation of
Federal, State, or foreign law, that is described in this
paragraph. An offense described in this paragraph is--
``(A) homicide (including murder in any degree,
manslaughter, and vehicular manslaughter), rape
(whether the victim was conscious or unconscious),
statutory rape, sexual assault or battery, or any
offense of a sexual nature involving an intended victim
under the age of 18 years (including offenses in which
the intended victim was a law enforcement officer);
``(B)(i) illicit trafficking in a controlled
substance (as defined in section 102 of the Controlled
Substances Act), including a drug trafficking crime (as
defined in section 924(c) of title 18, United States
Code); or
``(ii) any offense under State law relating to a
controlled substance (as so classified under State law)
which is classified as a felony in that State
regardless of whether the substance is classified as a
controlled substance under section 102 of the
Controlled Substances Act (21 U.S.C. 802);
``(C) illicit trafficking in firearms or
destructive devices (as defined in section 921 of title
18, United States Code) or in explosive materials (as
defined in section 841(c) of that title);
``(D) an offense described in section 1956 of title
18, United States Code (relating to laundering of
monetary instruments) or section 1957 of that title
(relating to engaging in monetary transactions in
property derived from specific unlawful activity) if
the amount of the funds exceeded $10,000;
``(E) an offense described in--
``(i) section 842 or 844 of title 18,
United States Code (relating to explosive
materials offenses);
``(ii) section 922 or 924 of title 18,
United States Code (relating to firearms
offenses); or
``(iii) section 5861 of the Internal
Revenue Code of 1986 (relating to firearms
offenses);
``(F) a violent crime for which the term of
imprisonment is at least 1 year, including--
``(i) any offense that has an element the
use, attempted use, or threatened use of
physical force against the person or property
of another; or
``(ii) any other offense in which the
record of conviction establishes that the
offender used physical force against the person
or property of another in the course of
committing the offense;
``(G)(i) theft (including theft by deceit, theft by
fraud, embezzlement, motor vehicle theft, unauthorized
use of a vehicle, or receipt of stolen property),
regardless of whether the intended deprivation was
temporary or permanent, for which the term of
imprisonment is at least 1 year; or
``(ii) burglary for which the term of imprisonment
is at least 1 year;
``(H) an offense described in section 875, 876,
877, or 1202 of title 18, United States Code (relating
to the demand for or receipt of ransom);
``(I) an offense involving child pornography or
sexual exploitation of a minor (including any offense
described in section 2251, 2251A, or 2252 of title 18,
United States Code);
``(J) an offense described in section 1962 of title
18, United States Code (relating to racketeer
influenced corrupt organizations), or an offense
described in section 1084 (if it is a second or
subsequent offense) or 1955 of that title (relating to
gambling offenses);
``(K) an offense that--
``(i) relates to the owning, controlling,
managing, or supervising of a prostitution
business;
``(ii) is described in section 2421, 2422,
or 2423 of title 18, United States Code
(relating to transportation for the purpose of
prostitution) if committed for commercial
advantage; or
``(iii) is described in any of sections
1581-1585 or 1588-1591 of title 18, United
States Code (relating to peonage, slavery,
involuntary servitude, and trafficking in
persons);
``(L) an offense described in--
``(i) section 793 (relating to gathering or
transmitting national defense information), 798
(relating to disclosure of classified
information), 2153 (relating to sabotage) or
2381 or 2382 (relating to treason) of title 18,
United States Code;
``(ii) section 601 of the National Security
Act of 1947 (50 U.S.C. 421) (relating to
protecting the identity of undercover
intelligence agents);
``(iii) section 601 of the National
Security Act of 1947 (relating to protecting
the identity of undercover agents);
``(iv) section 175 (relating to biological
weapons) of title 18, United States Code;
``(v) sections 792 (harboring or concealing
persons who violated sections 793 or 794 of
title 18, United States Code), 794 (gathering
or delivering defense information to aid
foreign government), 795 (photographing and
sketching defense installations), 796 (use of
aircraft for photographing defense
installations), 797 (publication and sale of
photographs of defense installations), 799
(violation of NASA regulations for protection
of facilities) of title 18, United States Code;
``(vi) sections 831 (prohibited
transactions involving nuclear materials) and
832 (participation in nuclear and weapons of
mass destruction threats to the United States)
of title 18, United States Code;
``(vii) sections 2332a-d, f-h (relating to
terrorist activities) of title 18, United
States Code;
``(viii) sections 2339 (relating to
harboring or concealing terrorists), 2339A
(relating to material support to terrorists),
2339B (relating to material support or
resources to designated foreign terrorist
organizations), 2339C (relating to financing of
terrorism), 2339D (relating to receiving
military-type training from a terrorist
organization) of title 18, United States Code;
``(ix) section 1705 of the International
Emergency Economic Powers Act (50 U.S.C. 1705);
or
``(x) section 38 of the Arms Export Control
Act (22 U.S.C. 2778);
``(M) an offense that--
``(i) involves fraud or deceit in which the
loss to the victim or victims exceeds $10,000;
or
``(ii) is described in section 7201 of the
Internal Revenue Code of 1986 (relating to tax
evasion) in which the revenue loss to the
Government exceeds $10,000;
``(N) an offense described in section 274(a)
(relating to alien smuggling);
``(O) an offense described in section 275 or 276
for which the term of imprisonment is at least 1 year;
``(P) an offense which is described in chapter 75
of title 18, United States Code, and for which the term
of imprisonment is at least 1 year;
``(Q) an offense relating to a failure to appear by
a defendant for service of sentence if the underlying
offense is punishable by imprisonment for a term of 5
years or more;
``(R) an offense relating to commercial bribery,
counterfeiting, forgery, or trafficking in vehicles the
identification numbers of which have been altered for
which the term of imprisonment is at least one year;
``(S) an offense relating to obstruction of
justice, perjury or subornation of perjury, or bribery
of a witness;
``(T) an offense relating to a failure to appear
before a court pursuant to a court order to answer to
or dispose of a charge of a felony for which a sentence
of 2 years' imprisonment or more may be imposed;
``(U) any offense for which the term of
imprisonment imposed was 2 years or more;
``(V) an offense relating to terrorism or national
security (including a conviction for a violation of any
provision of chapter 113B of title 18, United States
Code;
``(W)(i) a single conviction for driving while
intoxicated (including a conviction for driving while
under the influence of or impairment by alcohol or
drugs), when such impaired driving was a cause of the
serious bodily injury or death of another person; or
``(ii) a second or subsequent conviction for
driving while intoxicated (including a conviction for
driving under the influence of or impaired by alcohol
or drugs); or
``(X) an attempt or conspiracy to commit an offense
described in this paragraph or aiding, abetting,
counseling, procuring, commanding, inducing,
facilitating, or soliciting the commission of such an
offense.
Any determinations under this paragraph shall be made on the
basis of the record of conviction. For purposes of this
paragraph, a person shall be considered to have committed an
aggravated felony if that person has been convicted for 3 or
more misdemeanors not arising out the traffic laws (except for
any conviction for driving under the influence or an offense
that results in the death or serious bodily injury of another
person) or felonies for which the aggregate term of
imprisonment imposed was 3 years or more, regardless of whether
the convictions were all entered pursuant to a single trial or
the offenses arose from a single pattern or scheme of
conduct.''.
(b) Effective Date; Application of Amendments.--
(1) In general.--The amendments made by subsection (a)--
(A) shall take effect on the date of the enactment
of this Act; and
(B) shall apply to any act or conviction that
occurred before, on, or after such date.
(2) Application of iirira amendments.--The amendments to
section 101(a)(43) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(43)) made by section 321 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(division C of Public Law 104-208; 110 Stat. 3009-627) shall
continue to apply, whether the conviction was entered before,
on, or after September 30, 1996.
SEC. 1105. CRIME OF VIOLENCE.
Section 16 of title 18, United States Code, is amended to read as
follows:
``Sec. 16. Crime of violence defined
``(a) The term `crime of violence' means an offense that--
``(1)(A) is murder, voluntary manslaughter, assault, sexual
abuse or aggravated sexual abuse, abusive sexual contact, child
abuse, kidnapping, robbery, carjacking, firearms use, burglary,
arson, extortion, communication of threats, coercion,
unauthorized use of a vehicle, fleeing, interference with
flight crew members and attendants, domestic violence, hostage
taking, stalking, human trafficking, or using weapons of mass
destruction; or
``(B) involves use or unlawful possession of explosives or
destructive devices described in 5845(f) of the Internal
Revenue Code of 1986;
``(2) has as an element the use, attempted use, or
threatened use of physical force against the person or property
of another; or
``(3) is an attempt to commit, conspiracy to commit,
solicitation to commit, or aiding and abetting any of the
offenses set forth in paragraphs (1) and (2).
``(b) In this section:
``(1) The term `abusive sexual contact' means conduct
described in section 2244(a)(1) and (a)(2).
``(2) The terms `aggravated sexual abuse' and `sexual
abuse' mean conduct described in sections 2241 and 2242. For
purposes of such conduct, the term `sexual act' means conduct
described in section 2246(2), or the knowing and lewd exposure
of genitalia or masturbation, to any person, with an intent to
abuse, humiliate, harass, degrade, or arouse or gratify the
sexual desire of any person.
``(3) The term `assault' means conduct described in section
113(a), and includes conduct committed recklessly, knowingly,
or intentionally.
``(4) The term `arson' means conduct described in section
844(i) or unlawfully or willfully damaging or destroying any
building, inhabited structure, vehicle, vessel, or real
property by means of fire or explosive.
``(5) The term `burglary' means an unlawful or unprivileged
entry into, or remaining in, a building or structure, including
any nonpermanent or mobile structure that is adapted or used
for overnight accommodation or for the ordinary carrying on of
business, and, either before or after entering, the person--
``(A) forms the intent to commit a crime; or
``(B) commits or attempts to commit a crime.
``(6) The term `carjacking' means conduct described in
section 2119, or the unlawful taking of a motor vehicle from
the immediate actual possession of a person against his will,
by means of actual or threatened force, or violence or
intimidation, or by sudden or stealthy seizure or snatching, or
fear of injury.
``(7) The term `child abuse' means the unlawful infliction
of physical injury or the commission of any sexual act against
a child under fourteen by any person eighteen years of age or
older.
``(8) The term `communication of threats' means conduct
described in section 844(e), or the transmission of any
communications containing any threat of use of violence to--
``(A) demand or request for a ransom or reward for
the release of any kidnapped person; or
``(B) threaten to kidnap or injure the person of
another.
``(9) The term `coercion' means causing the performance or
non-performance of any act by another person which under such
other person has a legal right to do or to abstain from doing,
through fraud or by the use of actual or threatened force,
violence, or fear thereof, including the use, or an express or
implicit threat of use, of violence to cause harm, or threats
to cause injury to the person, reputation or property of any
person.
``(10) The term `domestic violence' means any assault
committed by a current or former spouse, parent, or guardian of
the victim, by a person with whom the victim shares a child in
common, by a person who is cohabiting with or has cohabited
with the victim as a spouse, parent, or guardian, or by a
person similarly situated to a spouse, parent, or guardian of
the victim.
``(11) The term `extortion' means conduct described in
section 1951(b)(2)), but not extortion under color of official
right or fear of economic loss.
``(12) The term `firearms use' means conduct described in
section 924(c) or 929(a), if the firearm was brandished,
discharged, or otherwise possessed, carried, or used as a
weapon and the crime of violence or drug trafficking crime
during and in relation to which the firearm was possessed,
carried, or used was subject to prosecution in any court of the
United States, State court, military court or tribunal, or
tribal court. Such term also includes unlawfully possessing a
firearm described in section 5845(a) of the Internal Revenue
Code of 1986 (such as a sawed-off shotgun or sawed-off rifle,
silencer, bomb, or machine gun), possession of a firearm
described in section 922(g)(1), 922(g)(2) and 922(g)(4),
possession of a firearm with the intent to use such firearm
unlawfully, or reckless discharge of a firearm at a dwelling.
``(13) The term `fleeing' means knowingly operating a motor
vehicle and, following a law enforcement officer's signal to
bring the motor vehicle to a stop--
``(A) failing or refusing to comply; or
``(B) fleeing or attempting to elude a law
enforcement officer.
``(14) The term `force' means the level of force needed or
intended to overcome resistance.
``(15) The term `hostage taking' means conduct described in
section 1203.
``(16) The term `human trafficking' means conduct described
in section 1589, 1590, and 1591.
``(17) The term `interference with flight crew members and
attendants' means conduct described in section 46504 of title
49, United States Code.
``(18) The term `kidnapping' means conduct described in
section 1201(a)(1) or seizing, confining, inveigling, decoying,
abducting, or carrying away and holding for ransom or reward or
otherwise any person.
``(19) The term `murder' means conduct described as murder
in the first degree or murder in the second degree described in
section 1111.
``(20) The term `robbery' means conduct described in
section 1951(b)(1), or the unlawful taking or obtaining of
personal property from the person or in the presence of
another, against his will, by means of actual or threatened
force, or violence or intimidation, or by sudden or stealthy
seizure or snatching, or fear of injury, immediate or future,
to his person or property, or property in his custody or
possession, or the person or property of a relative or member
of his family or of anyone in his company at the time of the
taking or obtaining.
``(21) The term `stalking' means conduct described in
section 2261A.
``(22) The term `unauthorized use of a motor vehicle' means
the intentional or knowing operation of another person's boat,
airplane, or motor vehicle without the consent of the owner.
``(23) The term `using weapons of mass destruction' means
conduct described in section 2332a.
``(24) The term `voluntary manslaughter' means conduct
described in section 1112(a).
``(c) For purposes of this section, in the case of any reference in
subsection (b) to an offense under this title, such reference shall
include conduct that constitutes an offense under State or tribal law
or under the Uniform Code of Military Justice, if such conduct would be
an offense under this title if a circumstance giving rise to Federal
jurisdiction had existed.''.
SEC. 1106. GROUNDS OF INADMISSIBILITY AND DEPORTABILITY FOR ALIEN GANG
MEMBERS.
(a) Definition of Gang Member.--Section 101(a) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)) is amended by inserting after
paragraph (52) the following:
``(53)(A) The term `criminal gang' means an ongoing group, club,
organization, or association of 5 or more persons--
``(i) that has as one of its primary purposes the
commission of 1 or more of the criminal offenses described in
subparagraph (B) and the members of which engage, or have
engaged within the past 5 years, in a continuing series of such
offenses; or
``(ii) that has been designated as a criminal gang by the
Secretary of Homeland Security, in consultation with the
Attorney General, as meeting these criteria.
``(B) The offenses described, whether in violation of Federal or
State law or foreign law and regardless of whether the offenses
occurred before, on, or after the date of the enactment of this
paragraph, are the following:
``(i) A `felony drug offense' (as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802)).
``(ii) A felony offense involving firearms or explosives or
in violation of section 931 of title 18, United States Code
(relating to purchase, ownership, or possession of body armor
by violent felons).
``(iii) An offense under section 274 (relating to bringing
in and harboring certain aliens), section 277 (relating to
aiding or assisting certain aliens to enter the United States),
or section 278 (relating to importation of alien for immoral
purpose), except that this clause does not apply in the case of
an organization described in section 501(c)(3) of the Internal
Revenue Code of 1986 (26 U.S.C. 501(c)(3)) which is exempt from
taxation under section 501(a) of such Code.
``(iv) A violent crime described in section 101(a)(43)(F).
``(v) A crime involving obstruction of justice, tampering
with or retaliating against a witness, victim, or informant, or
perjury or subornation of perjury.
``(vi) Any conduct punishable under sections 1028A and 1029
of title 18, United States Code (relating to aggravated
identity theft or fraud and related activity in connection with
identification documents or access devices), sections 1581
through 1594 of such title (relating to peonage, slavery, and
trafficking in persons), section 1951 of such title (relating
to interference with commerce by threats or violence), section
1952 of such title (relating to interstate and foreign travel
or transportation in aid of racketeering enterprises), section
1956 of such title (relating to the laundering of monetary
instruments), section 1957 of such title (relating to engaging
in monetary transactions in property derived from specified
unlawful activity), or sections 2312 through 2315 of such title
(relating to interstate transportation of stolen motor vehicles
or stolen property).
``(vii) An attempt or conspiracy to commit an offense
described in this paragraph or aiding, abetting, counseling,
procuring, commanding, inducing, facilitating, or soliciting
the commission of an offense described in clauses (i) through
(vi).''.
(b) Inadmissibility.--Section 212(a)(2) of such Act (8 U.S.C.
1182(a)(2)) is amended--
(1) in subparagraph (A)(i)--
(A) in subclause (I), by striking ``or'' at the
end; and
(B) by inserting after subclause (II) the
following:
``(III) 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 participation or membership
in a criminal gang, or
``(IV) any felony or misdemeanor
offense for which the alien received a
sentencing enhancement predicated on
gang membership or conduct that
promoted, furthered, aided, or
supported the illegal activity of the
criminal gang,''; and
(2) by adding at the end the following:
``(N) Aliens associated with criminal gangs.--
``(i) Aliens not physically present in the
united states.--In the case of an alien who is
not physically present in the United States:
``(I) That alien is inadmissible if
a consular officer, an immigration
officer, the Secretary of Homeland
Security, or the Attorney General knows
or has reason to believe--
``(aa) to be or to have
been a member of a criminal
gang (as defined in section
101(a)(53)); or
``(bb) to have participated
in the activities of a criminal
gang (as defined in section
101(a)(53)), knowing or having
reason to know that such
activities will promote,
further, aid, or support the
illegal activity of the
criminal gang.
``(II) That alien is inadmissible
if a consular officer, an immigration
officer, the Secretary of Homeland
Security, or the Attorney General has
reasonable grounds to believe the alien
has participated in, been a member of,
promoted, or conspired with a criminal
gang, either inside or outside of the
United States.
``(III) That alien is inadmissible
if a consular officer, an immigration
officer, the Secretary of Homeland
Security, or the Attorney General has
reasonable grounds to believe seeks to
enter the United States or has entered
the United States in furtherance of the
activities of a criminal gang, either
inside or outside of the United States.
``(ii) Aliens physically present in the united
states.--In the case of an alien who is physically
present in the United States, that alien is
inadmissible if the alien--
``(I) is a member of a criminal gang (as
defined in section 101(a)(53)); or
``(II) has participated in the activities
of a criminal gang (as defined in section
101(a)(53)), knowing or having reason to know
that such activities will promote, further,
aid, or support the illegal activity of the
criminal gang.''.
(c) Deportability.--Section 237(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end
the following:
``(H) Aliens associated with criminal gangs.--Any
alien is deportable who--
``(i) is or has been a member of a criminal
gang (as defined in section 101(a)(53));
``(ii) has participated in the activities
of a criminal gang (as so defined), knowing or
having reason to know that such activities will
promote, further, aid, or support the illegal
activity of the criminal gang;
``(iii) has been convicted of a violation
of (or a conspiracy or attempt to violate) any
law or regulation of a State, the United
States, or a foreign country relating to
participation or membership in a criminal gang;
or
``(iv) any felony or misdemeanor offense
for which the alien received a sentencing
enhancement predicated on gang membership or
conduct that promoted, furthered, aided, or
supported the illegal activity of the criminal
gang.''.
(d) Designation.--
(1) In general.--Chapter 2 of title II of the Immigration
and Nationality Act (8 U.S.C. 1182) is amended by inserting
after section 219 the following:
``designation of criminal gang
``Sec. 220.
``(a) Designation.--
``(1) In General.--The Secretary of Homeland Security, in
consultation with the Attorney General, may designate a group, club,
organization, or association of 5 or more persons as a criminal gang if
the Secretary finds that their conduct is described in section
101(a)(53).
``(2) Procedure.--
``(A) Notification.--Seven days before making a designation
under this subsection, the Secretary shall, by classified
communication, notify the Speaker and minority leader of the
House of Representatives, the President pro tempore, majority
leader, and minority leader of the Senate, and the members of
the relevant committees of the House of Representatives and the
Senate, in writing, of the intent to designate a group, club,
organization, or association of 5 or more persons under this
subsection and the factual basis therefor.
``(B) Publication in the federal register.--The Secretary
shall publish the designation in the Federal Register seven
days after providing the notification under subparagraph (A).
``(3) Record.--
``(A) In general.--In making a designation under this
subsection, the Secretary shall create an administrative
record.
``(B) Classified information.--The Secretary may consider
classified information in making a designation under this
subsection. Classified information shall not be subject to
disclosure for such time as it remains classified, except that
such information may be disclosed to a court ex parte and in
camera for purposes of judicial review under subsection (c).
``(4) Period of Designation.--
``(A) In general.--A designation under this subsection
shall be effective for all purposes until revoked under
paragraph (5) or (6) or set aside pursuant to subsection (c).
``(B) Review of designation upon petition.--
``(i) In general.--The Secretary shall review the
designation of a criminal gang under the procedures set
forth in clauses (iii) and (iv) if the designated
group, club, organization, or association of 5 or more
persons files a petition for revocation within the
petition period described in clause (ii).
``(ii) Petition period.--For purposes of clause
(i)--
``(I) if the designated group, club,
organization, or association of 5 or more
persons has not previously filed a petition for
revocation under this subparagraph, the
petition period begins 2 years after the date
on which the designation was made; or
``(II) if the designated group, club,
organization, or association of 5 or more
persons has previously filed a petition for
revocation under this subparagraph, the
petition period begins 2 years after the date
of the determination made under clause (iv) on
that petition.
``(iii) Procedures.--Any group, club, organization,
or association of 5 or more persons that submits a
petition for revocation under this subparagraph of its
designation as a criminal gang must provide evidence in
that petition that it is not described in section
101(a)(53).
``(iv) Determination.--
``(I) In general.--Not later than 180 days
after receiving a petition for revocation
submitted under this subparagraph, the
Secretary shall make a determination as to such
revocation.
``(II) Classified information.--The
Secretary may consider classified information
in making a determination in response to a
petition for revocation. Classified information
shall not be subject to disclosure for such
time as it remains classified, except that such
information may be disclosed to a court ex
parte and in camera for purposes of judicial
review under subsection (c).
``(III) Publication of determination.--A
determination made by the Secretary under this
clause shall be published in the Federal
Register.
``(IV) Procedures.--Any revocation by the
Secretary shall be made in accordance with
paragraph (6).
``(C) Other review of designation.--
``(i) In general.--If in a 5-year period no review
has taken place under subparagraph (B), the Secretary
shall review the designation of the criminal gang in
order to determine whether such designation should be
revoked pursuant to paragraph (6).
``(ii) Procedures.--If a review does not take place
pursuant to subparagraph (B) in response to a petition
for revocation that is filed in accordance with that
subparagraph, then the review shall be conducted
pursuant to procedures established by the Secretary.
The results of such review and the applicable
procedures shall not be reviewable in any court.
``(iii) Publication of results of review.--The
Secretary shall publish any determination made pursuant
to this subparagraph in the Federal Register.
``(5) Revocation by Act of Congress.--The Congress, by an Act of
Congress, may block or revoke a designation made under paragraph (1).
``(6) Revocation Based on Change in Circumstances.--
``(A) In general.--The Secretary may revoke a designation
made under paragraph (1) at any time, and shall revoke a
designation upon completion of a review conducted pursuant to
subparagraphs (B) and (C) of paragraph (4) if the Secretary
finds that--
``(i) the group, club, organization, or association
of 5 or more persons that has been designated as a
criminal gang is no longer described in section
101(a)(53); or
``(ii) the national security or the law enforcement
interests of the United States warrants a revocation.
``(B) Procedure.--The procedural requirements of paragraphs
(2) and (3) shall apply to a revocation under this paragraph.
Any revocation shall take effect on the date specified in the
revocation or upon publication in the Federal Register if no
effective date is specified.
``(7) Effect of Revocation.--The revocation of a designation under
paragraph (5) or (6) shall not affect any action or proceeding based on
conduct committed prior to the effective date of such revocation.
``(8) Use of Designation in Trial or Hearing.--If a designation
under this subsection has become effective under paragraph (2) an alien
in a removal proceeding shall not be permitted to raise any question
concerning the validity of the issuance of such designation as a
defense or an objection.
``(b) Amendments to a Designation.--
``(1) In general.--The Secretary may amend a designation
under this subsection if the Secretary finds that the group,
club, organization, or association of 5 or more persons has
changed its name, adopted a new alias, dissolved and then
reconstituted itself under a different name or names, or merged
with another group, club, organization, or association of 5 or
more persons.
``(2) Procedure.--Amendments made to a designation in
accordance with paragraph (1) shall be effective upon
publication in the Federal Register. Paragraphs (2), (4), (5),
(6), (7), and (8) of subsection (a) shall also apply to an
amended designation.
``(3) Administrative record.--The administrative record
shall be corrected to include the amendments as well as any
additional relevant information that supports those amendments.
``(4) Classified information.--The Secretary may consider
classified information in amending a designation in accordance
with this subsection. Classified information shall not be
subject to disclosure for such time as it remains classified,
except that such information may be disclosed to a court ex
parte and in camera for purposes of judicial review under
subsection (c) of this section.
``(c) Judicial Review of Designation.--
``(1) In general.--Not later than 30 days after publication
in the Federal Register of a designation, an amended
designation, or a determination in response to a petition for
revocation, the designated group, club, organization, or
association of 5 or more persons may seek judicial review in
the United States Court of Appeals for the District of Columbia
Circuit.
``(2) Basis of review.--Review under this subsection shall
be based solely upon the administrative record, except that the
Government may submit, for ex parte and in camera review,
classified information used in making the designation, amended
designation, or determination in response to a petition for
revocation.
``(3) Scope of review.--The Court shall hold unlawful and
set aside a designation, amended designation, or determination
in response to a petition for revocation the court finds to
be--
``(A) arbitrary, capricious, an abuse of
discretion, or otherwise not in accordance with law;
``(B) contrary to constitutional right, power,
privilege, or immunity;
``(C) in excess of statutory jurisdiction,
authority, or limitation, or short of statutory right;
``(D) lacking substantial support in the
administrative record taken as a whole or in classified
information submitted to the court under paragraph (2);
or
``(E) not in accord with the procedures required by
law.
``(4) Judicial review invoked.--The pendency of an action
for judicial review of a designation, amended designation, or
determination in response to a petition for revocation shall
not affect the application of this section, unless the court
issues a final order setting aside the designation, amended
designation, or determination in response to a petition for
revocation.
``(d) Definitions.--As used in this section--
``(1) the term `classified information' has the meaning
given that term in section 1(a) of the Classified Information
Procedures Act (18 U.S.C. App.);
``(2) the term `national security' means the national
defense, foreign relations, or economic interests of the United
States;
``(3) the term `relevant committees' means the Committees
on the Judiciary of the Senate and of the House of
Representatives; and
``(4) the term `Secretary' means the Secretary of Homeland
Security, in consultation with the Attorney General.''.
(2) Clerical amendment.--The table of contents for such Act
is amended by inserting after the item relating to section 219
the following:
``Sec. 220. Designation.''.
(e) Mandatory Detention of Criminal Gang Members.--
(1) In general.--Section 236(c)(1) of the Immigration and
Nationality Act (8 U.S.C. 1226(c)(1)) is amended--
(A) in subparagraph (C), by striking ``or'' at the
end;
(B) in subparagraph (D), by inserting ``or'' at the
end; and
(C) by inserting after subparagraph (D) the
following:
``(E) is inadmissible under section 212(a)(2)(N) or
deportable under section 237(a)(2)(H),''.
(2) Annual report.--Not later than March 1 of each year
(beginning 1 year after the date of the enactment of this Act),
the Secretary of Homeland Security, after consultation with the
appropriate Federal agencies, shall submit a report to the
Committees on the Judiciary of the House of Representatives and
of the Senate on the number of aliens detained under the
amendments made by paragraph (1).
(f) Asylum Claims Based on Gang Affiliation.--
(1) Inapplicability of restriction on removal to certain
countries.--Section 241(b)(3)(B) of the Immigration and
Nationality Act (8 U.S.C. 1251(b)(3)(B)) is amended, in the
matter preceding clause (i), by inserting ``who is described in
section 212(a)(2)(N)(i) or section 237(a)(2)(H)(i) or who is''
after ``to an alien''.
(2) Ineligibility for asylum.--Section 208(b)(2)(A) of such
Act (8 U.S.C. 1158(b)(2)(A)) is amended--
(A) in clause (v), by striking ``or'' at the end;
(B) by redesignating clause (vi) as clause (vii);
and
(C) by inserting after clause (v) the following:
``(vi) the alien is described in section
212(a)(2)(N)(i) or section 237(a)(2)(H)(i);
or''.
(g) Temporary Protected Status.--Section 244 of such Act (8 U.S.C.
1254a) is amended--
(1) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security'';
(2) in subparagraph (c)(2)(B)--
(A) in clause (i), by striking ``or'' at the end;
(B) in clause (ii), by striking the period and
inserting ``; or''; and
(C) by adding at the end the following:
``(iii) the alien is, or at any time has
been, described in section 212(a)(2)(N) or
section 237(a)(2)(H).''; and
(3) in subsection (d)--
(A) by striking paragraph (3); and
(B) in paragraph (4), by adding at the end the
following: ``The Secretary of Homeland Security may
detain an alien provided temporary protected status
under this section whenever appropriate under any other
provision of law.''.
(h) Special Immigrant Juvenile Visas.--Section 101(a)(27)(J)(iii)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)(iii))
is amended--
(1) in subclause (I), by striking ``and'';
(2) in subclause (II), by adding ``and'' at the end; and
(3) by adding at the end the following:
``(III) no alien who is, or at any
time has been, described in section
212(a)(2)(N) or section 237(a)(2)(H)
shall be eligible for any immigration
benefit under this subparagraph;''.
(i) Parole.--An alien described in section 212(a)(2)(N) of the
Immigration and Nationality Act, as added by subsection (b), shall not
be eligible for parole under section 212(d)(5)(A) of such Act unless--
(1) the alien is assisting or has assisted the United
States Government in a law enforcement matter, including a
criminal investigation; and
(2) the alien's presence in the United States is required
by the Government with respect to such assistance.
(j) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall apply to acts
that occur before, on, or after the date of the enactment of this Act.
SEC. 1107. SPECIAL IMMIGRANT JUVENILE STATUS FOR IMMIGRANTS UNABLE TO
REUNITE WITH EITHER PARENT.
Section 101(a)(27)(J)(i) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(27)(J)(i)) is amended by striking ``1 or both of the
immigrant's parents'' and inserting ``either of the immigrant's
parents''.
SEC. 1108. CLARIFICATION OF AUTHORITY REGARDING DETERMINATIONS OF
CONVICTIONS.
Section 101(a)(48) of the Immigration and National Act (8 U.S.C.
1101(a)(48)) is amended by adding at the end the following:
``(C) In making a determination as to whether a
conviction is for--
``(i) a crime under section 212(a)(2), or
``(ii) a crime under 237(a)(2),
such determination shall be determined on the basis of
the record of conviction and any facts established
within the record of conviction.
``(D) Any reversal, vacatur, expungement, or
modification to a conviction, sentence, or conviction
record that was granted to ameliorate the immigration
consequences of the conviction, sentence, or conviction
record, or was granted for rehabilitative purposes
shall have no effect on the immigration consequences
resulting from the original conviction. The alien shall
have the burden of proving that the reversal, vacatur,
expungement, or modification was not for such purposes.
In no case in which a reversal, vacatur, expungement,
or modification was granted for a procedural or
substantive defect in the criminal proceedings. Whether
an alien has been convicted of a crime for which a
sentence of one year or longer may be imposed or
whether the alien has been convicted for a crime where
the maximum penalty possible did not exceed one year
shall be determined based on the maximum penalty
allowed by the statute of conviction as of the date the
offense was committed. Subsequent changes in State or
Federal law which increase or decrease the sentence
that may be imposed for a given crime shall not be
considered.''.
SEC. 1109. ADDING ATTEMPT AND CONSPIRACY TO COMMIT TERRORISM-RELATED
INADMISSIBILITY GROUNDS ACTS TO THE DEFINITION OF
ENGAGING IN TERRORIST ACTIVITY.
Section 212(a)(3)(B)(iv) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)(iv)) is amended--
(1) in subclause (VI), by striking the period and inserting
``; or''; and
(2) by adding at the end the following:
``(VII) an attempt or conspiracy to
do any of the foregoing.''.
SEC. 1110. CLARIFYING THE AUTHORITY OF ICE DETAINERS.
(a) In General.--Section 287(d) of the Immigration and Nationality
Act (8 U.S.C. 1357(d)) is amended to read as follows:
``(d) Detainer of Inadmissible or Deportable Aliens.--
``(1) In general.--In the case of an individual who is
arrested by any Federal, State, or local law enforcement
official or other personnel for the alleged violation of any
criminal or motor vehicle law relating to driving while
intoxicated or driving under the influence (including driving
while under the influence of or impairment by alcohol or
drugs), the Secretary may issue a detainer regarding the
individual to any Federal, State, or local law enforcement
entity, official, or other personnel if the Secretary has
probable cause to believe that the individual is an
inadmissible or deportable alien.
``(2) Probable cause.--Probable cause is deemed to be
established if--
``(A) the individual who is the subject of the
detainer matches, pursuant to biometric confirmation or
other Federal database records, the identity of an
alien who the Secretary has reasonable grounds to
believe to be inadmissible or deportable;
``(B) the individual who is the subject of the
detainer is the subject of ongoing removal proceedings,
including matters where a charging document has already
been served;
``(C) the individual who is the subject of the
detainer has previously been ordered removed from the
United States and such an order is administratively
final;
``(D) the individual who is the subject of the
detainer has made voluntary statements or provided
reliable evidence that indicate that they are an
inadmissible or deportable alien; or
``(E) the Secretary otherwise has reasonable
grounds to believe that the individual who is the
subject of the detainer is an inadmissible or
deportable alien.
``(3) Transfer of custody.--If the Federal, State, or local
law enforcement entity, official, or other personnel to whom a
detainer is issued complies with the detainer and detains for
purposes of transfer of custody to the Department of Homeland
Security the individual who is the subject of the detainer, the
Department may take custody of the individual within 48 hours
(excluding weekends and holidays), but in no instance more than
96 hours, following the date that the individual is otherwise
to be released from the custody of the relevant Federal, State,
or local law enforcement entity.''.
(b) Immunity.--
(1) In general.--A State or a political subdivision of a
State (and the officials and personnel of the State or
subdivision acting in their official capacities), and a
nongovernmental entity (and its personnel) contracted by the
State or political subdivision for the purpose of providing
detention, acting in compliance with a Department of Homeland
Security detainer issued pursuant to this section who
temporarily holds an alien in its custody pursuant to the terms
of a detainer so that the alien may be taken into the custody
of the Department of Homeland Security, shall be considered to
be acting under color of Federal authority for purposes of
determining their liability and shall be held harmless for
their compliance with the detainer in any suit seeking any
punitive, compensatory, or other monetary damages.
(2) Federal government as defendant.--In any civil action
arising out of the compliance with a Department of Homeland
Security detainer by a State or a political subdivision of a
State (and the officials and personnel of the State or
subdivision acting in their official capacities), or a
nongovernmental entity (and its personnel) contracted by the
State or political subdivision for the purpose of providing
detention, the United States Government shall be the proper
party named as the defendant in the suit in regard to the
detention resulting from compliance with the detainer.
(3) Bad faith exception.--Paragraphs (1) and (2) shall not
apply to any mistreatment of an individual by a State or a
political subdivision of a State (and the officials and
personnel of the State or subdivision acting in their official
capacities), or a nongovernmental entity (and its personnel)
contracted by the State or political subdivision for the
purpose of providing detention.
(c) Private Right of Action.--
(1) Cause of action.--Any individual, or a spouse, parent,
or child of that individual (if the individual is deceased),
who is the victim of a murder, rape, or any felony, as defined
by the State, for which an alien (as defined in section
101(a)(3) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(3))) has been convicted and sentenced to a term of
imprisonment of at least 1 year, may bring an action against a
State or political subdivision of a State or public official
acting in an official capacity in the appropriate Federal court
if the State or political subdivision, except as provided in
paragraph (3)--
(A) released the alien from custody prior to the
commission of such crime as a consequence of the State
or political subdivision's declining to honor a
detainer issued pursuant to section 287(d)(1) of the
Immigration and Nationality Act (8 U.S.C. 1357(d)(1));
(B) has in effect a statute, policy, or practice
not in compliance with section 642 of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1373) as amended, and as a consequence
of its statute, policy, or practice, released the alien
from custody prior to the commission of such crime; or
(C) has in effect a statute, policy, or practice
requiring a subordinate political subdivision to
decline to honor any or all detainers issued pursuant
to section 287(d)(1) of the Immigration and Nationality
Act (8 U.S.C. 1357(d)(1)), and, as a consequence of its
statute, policy or practice, the subordinate political
subdivision declined to honor a detainer issued
pursuant to such section, and as a consequence released
the alien from custody prior to the commission of such
crime.
(2) Limitations on bringing action.--An action may not be
brought under this subsection later than 10 years following the
occurrence of the crime, or death of a person as a result of
such crime, whichever occurs later.
(3) Proper defendant.--If a political subdivision of a
State declines to honor a detainer issued pursuant to section
287(d)(1) of the Immigration and Nationality Act (8 U.S.C.
1357(d)) as a consequence of the State or another political
subdivision with jurisdiction over the subdivision prohibiting
the subdivision through a statute or other legal requirement of
the State or other political subdivision--
(A) from honoring the detainer; or
(B) fully complying with section 642 of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1373),
and, as a consequence of the statute or other legal requirement
of the State or other political subdivision, the subdivision
released the alien referred to in paragraph (1) from custody
prior to the commission of the crime referred to in that
paragraph, the State or other political subdivision that
enacted the statute or other legal requirement, shall be deemed
to be the proper defendant in a cause of action under this
subsection, and no such cause of action may be maintained
against the political subdivision which declined to honor the
detainer.
(4) Attorney's fee and other costs.--In any action or
proceeding under this subsection the court shall allow a
prevailing plaintiff a reasonable attorney's fee as part of the
costs, and include expert fees as part of the attorney's fee.
SEC. 1111. DEPARTMENT OF HOMELAND SECURITY ACCESS TO CRIME INFORMATION
DATABASES.
Section 105(b) of the Immigration and Nationality Act (8 U.S.C.
1105(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``the Service'' and inserting ``the
Department of Homeland Security''; and
(B) by striking ``visa applicant or applicant for
admission'' and inserting ``visa applicant, applicant
for admission, applicant for adjustment of status, or
applicant for any other benefit under the immigration
laws''; and
(2) by inserting after paragraph (4) the following:
``(5) The Secretary of Homeland Security shall receive,
upon request, access to the information described in paragraph
(1) by means of extracts of the records for placement in the
appropriate database without any fee or charge.''.
SEC. 1112. CLARIFICATION OF CONGRESSIONAL INTENT.
Section 287(g) of the Immigration and Nationality Act (8 U.S.C.
1357(g)) is amended--
(1) in paragraph (1) by striking ``may enter'' and all that
follows through the period at the end and inserting the
following: ``shall enter into a written agreement with a State,
or any political subdivision of a State, upon request of the
State or political subdivision, pursuant to which officers or
employees of the State or subdivision, who are determined by
the Secretary to be qualified to perform a function of an
immigration officer in relation to the investigation,
apprehension, or detention of aliens in the United States
(including the transportation of such aliens across State lines
to detention centers), may carry out such function at the
expense of the State or political subdivision and to the extent
consistent with State and local law. No request from a bona
fide State or political subdivision or bona fide law
enforcement agency shall be denied absent a compelling reason.
No limit on the number of agreements under this subsection may
be imposed. The Secretary shall process requests for such
agreements with all due haste, and in no case shall take not
more than 90 days from the date the request is made until the
agreement is consummated.'';
(2) by redesignating paragraph (2) as paragraph (5) and
paragraphs (3) through (10) as paragraphs (7) through (14),
respectively;
(3) by inserting after paragraph (1) the following:
``(2) An agreement under this subsection shall accommodate a
requesting State or political subdivision with respect to the
enforcement model or combination of models, and shall accommodate a
patrol model, task force model, jail model, any combination thereof, or
any other reasonable model the State or political subdivision believes
is best suited to the immigration enforcement needs of its
jurisdiction.
``(3) No Federal program or technology directed broadly at
identifying inadmissible or deportable aliens shall substitute for such
agreements, including those establishing a jail model, and shall
operate in addition to any agreement under this subsection.
``(4)(A) No agreement under this subsection shall be terminated
absent a compelling reason.
``(B)(i) The Secretary shall provide a State or political
subdivision written notice of intent to terminate at least 180 days
prior to date of intended termination, and the notice shall fully
explain the grounds for termination, along with providing evidence
substantiating the Secretary's allegations.
``(ii) The State or political subdivision shall have the right to a
hearing before an administrative law judge and, if the ruling is
against the State or political subdivision, to appeal the ruling to the
Federal Circuit Court of Appeals and, if the ruling is against the
State or political subdivision, to petition the Supreme Court for
certeriori.
``(C) The agreement shall remain in full effect during the course
of any and all legal proceedings.''; and
(4) by inserting after paragraph (5) (as redesignated) the
following:
``(6) The Secretary of Homeland Security shall make training of
State and local law enforcement officers available through as many
means as possible, including through residential training at the Center
for Domestic Preparedness and the Federal Law Enforcement Training
Center, onsite training held at State or local police agencies or
facilities, online training courses by computer, teleconferencing, and
videotape, or the digital video display (DVD) of a training course or
courses. Distance learning through a secure, encrypted, distributed
learning system that has all its servers based in the United States, is
scalable, survivable, and can have a portal in place not later than 30
days after the date of the enactment of the Securing America's Future
Act of 2018, shall be made available by the COPS Office of the
Department of Justice and the Federal Law Enforcement Training Center
Distributed Learning Program for State and local law enforcement
personnel. Preference shall be given to private sector-based, web-based
immigration enforcement training programs for which the Federal
Government has already provided support to develop.''.
TITLE II--ASYLUM REFORM
SEC. 2101. CREDIBLE FEAR INTERVIEWS.
Section 235(b)(1)(B)(v) of the Immigration and Nationality Act (8
U.S.C. 1225(b)(1)(B)(v)) is amended by striking ``claim'' and all that
follows, and inserting ``claim, as determined pursuant to section
208(b)(1)(B)(iii), and such other facts as are known to the officer,
that the alien could establish eligibility for asylum under section
208, and it is more probable than not that the statements made by, and
on behalf of, the alien in support of the alien's claim are true.''.
SEC. 2102. JURISDICTION OF ASYLUM APPLICATIONS.
Section 208(b)(3) of the Immigration and Nationality Act (8 U.S.C.
1158) is amended by striking subparagraph (C).
SEC. 2103. RECORDING EXPEDITED REMOVAL AND CREDIBLE FEAR INTERVIEWS.
(a) In General.--The Secretary of Homeland Security shall establish
quality assurance procedures and take steps to effectively ensure that
questions by employees of the Department of Homeland Security
exercising expedited removal authority under section 235(b) of the
Immigration and Nationality Act (8 U.S.C. 1225(b)) are asked in a
uniform manner, to the extent possible, and that both these questions
and the answers provided in response to them are recorded in a uniform
fashion.
(b) Factors Relating to Sworn Statements.--Where practicable, any
sworn or signed written statement taken of an alien as part of the
record of a proceeding under section 235(b)(1)(A) of the Immigration
and Nationality Act (8 U.S.C. 1225(b)(1)(A)) shall be accompanied by a
recording of the interview which served as the basis for that sworn
statement.
(c) Interpreters.--The Secretary shall ensure that a competent
interpreter, not affiliated with the government of the country from
which the alien may claim asylum, is used when the interviewing officer
does not speak a language understood by the alien.
(d) Recordings in Immigration Proceedings.--There shall be an audio
or audio visual recording of interviews of aliens subject to expedited
removal. The recording shall be included in the record of proceeding
and shall be considered as evidence in any further proceedings
involving the alien.
(e) No Private Right of Action.--Nothing in this section shall be
construed to create any right, benefit, trust, or responsibility,
whether substantive or procedural, enforceable in law or equity by a
party against the United States, its departments, agencies,
instrumentalities, entities, officers, employees, or agents, or any
person, nor does this section create any right of review in any
administrative, judicial, or other proceeding.
SEC. 2104. SAFE THIRD COUNTRY.
Section 208(a)(2)(A) of the Immigration and Nationality Act (8
U.S.C. 1158(a)(2)(A)) is amended--
(1) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security''; and
(2) by striking ``removed, pursuant to a bilateral or
multilateral agreement, to'' and inserting ``removed to''.
SEC. 2105. RENUNCIATION OF ASYLUM STATUS PURSUANT TO RETURN TO HOME
COUNTRY.
(a) In General.--Section 208(c) of the Immigration and Nationality
Act (8 U.S.C. 1158(c)) is amended by adding at the end the following
new paragraph:
``(4) Renunciation of status pursuant to return to home
country.--
``(A) In general.--Except as provided in
subparagraph (B), any alien who is granted asylum
status under this Act, who, absent changed country
conditions, subsequently returns to the country of such
alien's nationality or, in the case of an alien having
no nationality, returns to any country in which such
alien last habitually resided, and who applied for such
status because of persecution or a well-founded fear of
persecution in that country on account of race,
religion, nationality, membership in a particular
social group, or political opinion, shall have his or
her status terminated.
``(B) Waiver.--The Secretary has discretion to
waive subparagraph (A) if it is established to the
satisfaction of the Secretary that the alien had a
compelling reason for the return. The waiver may be
sought prior to departure from the United States or
upon return.''.
(b) Conforming Amendment.--Section 208(c)(3) of the Immigration and
Nationality Act (8 U.S.C. 1158(c)(3)) is amended by inserting after
``paragraph (2)'' the following: ``or (4)''.
SEC. 2106. NOTICE CONCERNING FRIVOLOUS ASYLUM APPLICATIONS.
(a) In General.--Section 208(d)(4) of the Immigration and
Nationality Act (8 U.S.C. 1158(d)(4)) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``the Secretary of Homeland Security or'' before ``the Attorney
General'';
(2) in subparagraph (A), by striking ``and of the
consequences, under paragraph (6), of knowingly filing a
frivolous application for asylum; and'' and inserting a
semicolon;
(3) in subparagraph (B), by striking the period and
inserting ``; and''; and
(4) by adding at the end the following:
``(C) ensure that a written warning appears on the
asylum application advising the alien of the
consequences of filing a frivolous application and
serving as notice to the alien of the consequence of
filing a frivolous application.''.
(b) Conforming Amendment.--Section 208(d)(6) of the Immigration and
Nationality Act (8 U.S.C. 1158(d)(6)) is amended by striking ``If the''
and all that follows and inserting:
``(A) If the Secretary of Homeland Security or the
Attorney General determines that an alien has knowingly
made a frivolous application for asylum and the alien
has received the notice under paragraph (4)(C), the
alien shall be permanently ineligible for any benefits
under this chapter, effective as the date of the final
determination of such an application.
``(B) An application is frivolous if the Secretary
of Homeland Security or the Attorney General
determines, consistent with subparagraph (C), that--
``(i) it is so insufficient in substance
that it is clear that the applicant knowingly
filed the application solely or in part to
delay removal from the United States, to seek
employment authorization as an applicant for
asylum pursuant to regulations issued pursuant
to paragraph (2), or to seek issuance of a
Notice to Appeal in order to pursue
Cancellation of Removal under section 240A(b);
or
``(ii) any of the material elements are
knowingly fabricated.
``(C) In determining that an application is
frivolous, the Secretary or the Attorney General, must
be satisfied that the applicant, during the course of
the proceedings, has had sufficient opportunity to
clarify any discrepancies or implausible aspects of the
claim.
``(D) For purposes of this section, a finding that
an alien filed a frivolous asylum application shall not
preclude the alien from seeking withholding of removal
under section 241(b)(3) or protection pursuant to the
Convention Against Torture.''.
SEC. 2107. ANTI-FRAUD INVESTIGATIVE WORK PRODUCT.
(a) Asylum Credibility Determinations.--Section 208(b)(1)(B)(iii)
of the Immigration and Nationality Act (8 U.S.C. 1158(b)(1)(B)(iii)) is
amended by inserting after ``all relevant factors'' the following: ``,
including statements made to, and investigative reports prepared by,
immigration authorities and other government officials''.
(b) Relief for Removal Credibility Determinations.--Section
240(c)(4)(C) of the Immigration and Nationality Act (8 U.S.C.
1229a(c)(4)(C)) is amended by inserting after ``all relevant factors''
the following: ``, including statements made to, and investigative
reports prepared by, immigration authorities and other government
officials''.
SEC. 2108. PENALTIES FOR ASYLUM FRAUD.
Section 1001 of title 18, United States Code, is amended by adding
at the end the following:
``(d) Whoever, in any matter before the Secretary of Homeland
Security or the Attorney General pertaining to asylum under section 208
of the Immigration and Nationality Act or withholding of removal under
section 241(b)(3) of such Act, knowingly and willfully--
``(1) makes any materially false, fictitious, or fraudulent
statement or representation; or
``(2) makes or uses any false writings or document knowing
the same to contain any materially false, fictitious, or
fraudulent statement or entry,
shall be fined under this title or imprisoned not more than 10 years,
or both.''.
SEC. 2109. STATUTE OF LIMITATIONS FOR ASYLUM FRAUD.
Section 3291 of title 18, United States Code, is amended--
(1) by striking ``69, and sections'' and inserting ``69,
sections'';
(2) by inserting ``section 1546 of this title'' before ``or
for conspiracy''; and
(3) by striking ``offense.'' and inserting ``offense or
within 10 years after the fraud is discovered.''.
SEC. 2110. TECHNICAL AMENDMENTS.
Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158)
is amended--
(1) in subsection (a)--
(A) in paragraph (2)(D), by inserting ``Secretary
of Homeland Security or the'' before ``Attorney
General''; and
(B) in paragraph (3), by inserting ``Secretary of
Homeland Security or the'' before ``Attorney General'';
(2) in subsection (b)(2), by inserting ``Secretary of
Homeland Security or the'' before ``Attorney General'' each
place such term appears;
(3) in subsection (c)--
(A) in paragraph (1), by striking ``Attorney
General'' each place such term appears and inserting
``Secretary of Homeland Security'';
(B) in paragraph (2), in the matter preceding
subparagraph (A), by inserting ``Secretary of Homeland
Security or the'' before ``Attorney General''; and
(C) in paragraph (3), by inserting ``Secretary of
Homeland Security or the'' before ``Attorney General'';
and
(4) in subsection (d)--
(A) in paragraph (1), by inserting ``Secretary of
Homeland Security or the'' before ``Attorney General''
each place such term appears;
(B) in paragraph (2), by striking ``Attorney
General'' and inserting ``Secretary of Homeland
Security''; and
(C) in paragraph (5)--
(i) in subparagraph (A), by striking
``Attorney General'' and inserting ``Secretary
of Homeland Security''; and
(ii) in subparagraph (B), by inserting
``Secretary of Homeland Security or the''
before ``Attorney General''.
TITLE III--IMMIGRATION JUDGES, FACILITIES, AND PERSONNEL
SEC. 3101. FACILITIES FOR ASYLUM APPLICANTS WHO RETAIN CUSTODY OF A
CHILD.
(a) In General.--The designated agencies shall maintain facilities
for the joint detention of Asylum Applicants who retain custody of a
child and the child. These facilities shall only contain individuals
who are under the age of 18 or are the parents or legal guardians of
individuals under the age of 18.
(b) Funding.--There are authorized to be appropriated for each of
fiscal years 2019, 2020, and 2021 such sums as may be necessary to
carry out this section.
SEC. 3102. INCREASING THE NUMBER OF AUTHORIZED IMMIGRATION JUDGES.
(a) Increase in Immigration Judges.--The Attorney General of the
United States shall increase the total number of immigration judges to
adjudicate pending cases and efficiently process future cases by 75
judges.
(b) Necessary Support Staff for Immigration Judges.--To address the
shortage of support staff for immigration judges, the Attorney General
shall ensure that each immigration judge has sufficient support staff,
adequate technological and security resources, and appropriate
courtroom facilities.
(c) Increase in Board of Immigration Appeals Attorneys.--The
Attorney General shall increase the number of Board of Immigration
Appeals staff attorneys by sixty attorneys.
(d) Necessary Support Staff for Board of Immigration Appeals.--To
address the shortage of support staff for the Board of Immigration
appeals, the Attorney General shall ensure that the Board of
Immigration Appeals and its staff attorneys has sufficient support
staff and adequate technological and security resources.
(e) Prioritization of Asylum Applicants.--Any immigration judges,
Board of Immigration Appeals staff attorneys, and support staff hired
under the authority of this section shall prioritize asylum
applications that are filed by Asylum Applicants.
(f) Funding.--There are authorized to be appropriated for fiscal
years 2019, 2020, and 2021 a total of $563,000,000 to carry out this
section.
SEC. 3103. INCREASING THE NUMBER OF AVAILABLE DEPARTMENT OF HOMELAND
SECURITY EMPLOYEES.
(a) Increase in Asylum Processors.--The Secretary of Homeland
Security shall increase the total number of Department personnel to
that are responsible for processing asylum applications filed by Asylum
Applicants by 200. There are authorized to be appropriated for each of
fiscal years 2019, 2020, and 2021 such sums as may be necessary to
carry out this subsection.
(b) Increase in Border Patrol Agents.--The Secretary of Homeland
Security shall increase the number of United States Border Patrol
agents by 2,000. There are authorized to be appropriated for fiscal
years 2019, 2020, and 2021 a total of $211,000,000 to carry out this
subsection.
(c) Increase in ICE Personnel.--The Secretary of Homeland Security
shall increase the total number of United States Immigration and
Customs Enforcement personnel by 750. There are authorized to be
appropriated for fiscal years 2019, 2020, and 2021 a total of
$571,000,000 to carry out this subsection.
(d) Increase in Immigration Detention Capacity.--The Secretary of
Homeland Security shall increase the immigration detention capacity to
a daily immigration detention capacity of not less than 52,000
detention beds. There are authorized to be appropriated for fiscal
years 2019, 2020, and 2021 a total of $4,200,000,000 to carry out the
preceding sentence and for additional detention personnel,
transportation of detained aliens, and detention alternatives.
(e) General Provisions.--
(1) In general.--Positions authorized before the date of
the enactment of this Act, and any existing officer vacancies
within the Department of Homeland Security on such date, shall
not count towards the increases mandated by this section.
(2) Other authorized expenditures.--The Secretary is
authorized to procure space, temporary facilities, and to hire
the required administrative and legal support staff, on an
expedited basis, to accommodate the additional positions
authorized under this section.
(3) Subject to appropriations.--This section is subject to
the availability of appropriations.
SEC. 3104. DEFINITIONS.
In this title:
(1) Asylum applicant.--The term ``Asylum Applicant'' means
an alien who (a) has no permanent immigration status; (b) is
detained by the United States Government at or near a port of
entry or within 100 miles of the border of the United States
while having custody of and being in the presence of a child
for whom the alien is a parent or legal guardian; and (c)
seeks, within 48 hours of detention, asylum pursuant to section
208 of the Immigration and Nationality Act, withholding of
removal pursuant to section 241(b)(3) of the Immigration and
Nationality Act, or withholding of removal pursuant to the
Convention Against Torture.
(2) Asylum application.--The term ``asylum application''
means an application for asylum pursuant to section 208 of the
Immigration and Nationality Act, an application for withholding
of removal under section 241(b)(3) of the Immigration and
Nationality Act, and/or an application for withholding of
removal pursuant to the Convention Against Torture.
(3) Child.--The term ``child'' means an individual who--
(A) has not reached the age of 18;
(B) has no permanent immigration status; and
(C) was in the custody and presence of a parent or
legal guardian when the parent or legal guardian was
detained for illegally entering into the United States
at or near a port of entry or within 100 miles of the
border of the United States.
(4) Designated agency.--The term ``designated agency''
means--
(A) the Department of Homeland Security;
(B) the Department of Justice; and
(C) the Department of Health and Human Services.
(5) Secretary.--Unless otherwise specified, the term
``Secretary'' means the Secretary of Homeland Security.
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