To establish a permanent bar for gang members, terrorists, and other criminals.

An amendment to S. 1348 [110th]: Comprehensive Immigration Reform Act of 2007.

For more information, see the the official record on THOMAS for S.Amdt. 1184.

Text of amendment

SA 1184. Mr. CORNYN (for himself, Mr. Nelson of Nebraska, and Mr. DeMint) proposed an amendment to amendment SA 1150 proposed by Mr. Reid (for Mr. Kennedy (for himself and Mr. Specter)) to the bill S. 1348, to provide for comprehensive immigration reform and for other purposes; as follows:

On page 47, line 25, insert ``, even if the length of the term of imprisonment for the offense is based on recidivist or other enhancements,'' after ``15 years''.

On page 47, beginning with line 34, strike all through page 48, line 10, and insert:

(3) in subparagraph (N), by striking ``paragraph (1)(A) or (2) of'';

(4) in subparagraph (O), by striking ``section 275(a) or 276 committed by an alien who was previously deported on the basis of a conviction for an offense described in another subparagraph of this paragraph'' and inserting ``section 275 or 276 for which the term of imprisonment is at least 1 year'';

(5) by striking the undesignated matter following subparagraph (U);

(6) in subparagraph (E)--

(A) in clause (ii), by inserting ``,(c),'' after ``924(b)'' and by striking ``or'' at the end, and

(B) by adding at the end the following new clauses:

``(iv) section 2250 of title 18, United States Code (relating to failure to register as a sex offender); or

``(v) section 521(d) of title 18, United States Code ( relating to penalties for offenses committed by criminal street gangs);''; and

(7) by amending subparagraph (F) to read as follows:

``(F) either--

``(i) a crime of violence (as defined in section 16 of title 18, United States Code, but not including a purely political offense), or

``(ii) a third conviction for driving while intoxicated ( including a third conviction for driving while under the influence or impaired by alcohol or drugs), without regard to whether the conviction is classified as a misdemeanor or felony under State law,

for which the term of imprisonment is at least one year;''.

(b) Effective Date.--The amendments made by this section shall--

(1) take effect on the date of the enactment of this Act; and

(2) apply to any act that occurred before, on, or after such date of enactment.

In title II, insert after section 203 the following:

SEC. 204. TERRORIST BAR TO GOOD MORAL CHARACTER.

(a) Definition of Good Moral Character.--Section 101(f) (8 U.S.C. 1101(f)) is amended by inserting after paragraph (1) the following:

``(2) one who the Secretary of Homeland Security or the Attorney General determines, in the unreviewable discretion of the Secretary or the Attorney General, to have been at any time an alien described in section 212(a)(3) or 237(a)(4), which determination--

``(A) may be based upon any relevant information or evidence, including classified, sensitive, or national security information; and

``(B) shall be binding upon any court regardless of the applicable standard of review;''.

(b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act and shall apply to--

(1) any act that occurred before, on, or after the date of the enactment of this Act, and

(2) any application for naturalization or any other benefit or relief, or any other case or matter under the immigration laws, pending on or filed after the date of enactment of this Act.

SEC. 204A. PRECLUDING ADMISSIBILITY OF ALIENS CONVICTED OF AGGRAVATED FELONIES OR OTHER SERIOUS OFFENSES.

(a) Inadmissibility On Criminal and Related Grounds; Waivers.--Section 212 (8 U.S.C. 1182) is amended--

(1) by adding at the end of subsection (a)(2) the following new subparagraphs:

``(J) CERTAIN FIREARM OFFENSES.--Any alien who at any time has been convicted under any law of, or who admits having committed or admits committing acts which constitute the essential elements of, purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon, part, or accessory which is a firearm or destructive device (as defined in section

921(a) of title 18, United States Code) in violation of any law is inadmissible.

``(K) AGGRAVATED FELONS.--Any alien who has been convicted of an aggravated felony at any time is inadmissible.

``(L) CRIMES OF DOMESTIC VIOLENCE, STALKING, OR VIOLATION OF PROTECTION ORDERS; CRIMES AGAINST CHILDREN.--

``(i) DOMESTIC VIOLENCE, STALKING, AND CHILD ABUSE.--Any alien who at any time is convicted of, or who admits having committed or admits committing acts which constitute the essential elements of, a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment is inadmissible. For purposes of this clause, the term `crime of domestic violence' means any crime of violence (as defined in section 16 of title 18, United States Code) against

a person committed by a current or former spouse of the person, by an individual with whom the person shares a child in common, by an individual who is cohabiting with or has cohabited with the person as a spouse, by an individual similarly situated to a spouse of the person under the domestic or

family violence laws of the jurisdiction where the offense occurs, or by any other individual against a person who is protected from that individual's acts under the domestic or family violence laws of the United States or any State, Indian tribal government, or unit of local or foreign government.

``(ii) VIOLATORS OF PROTECTION ORDERS.--Any alien who at any time is enjoined under a protection order issued by a court and whom the court determines has engaged in conduct that violates the portion of a protection order that involves protection against credible threats of violence, repeated harassment, or bodily injury to the person or persons for whom the protection order was issued is inadmissible. For purposes of this clause, the term `protection order' means any injunction issued

for the purpose of preventing violent or threatening acts of domestic violence, including temporary or final orders issued by civil or criminal courts (other than support or child custody orders or provisions) whether obtained by filing an independent action or as a independent order in another proceeding.''; and

(2) in subsection (h)--

(A) by striking ``The Attorney General may, in his discretion, waive the application of subparagraphs (A)(i)(I), (B), (D), and (E) of subsection (a)(2)'' and inserting ``The Attorney General or the Secretary of Homeland Security may, in his discretion, waive the application of subparagraphs (A)(i)(I), (III), (B), (D), (E), (J), and (L) of subsection (a)(2)'';

(B) by striking ``if either since the date of such admission the alien has been convicted of an aggravated felony or the alien'' in the next to last sentence and inserting ``if since the date of such admission the alien''; and

(C) by inserting ``or Secretary of Homeland Security'' after ``the Attorney General'' each place it appears.

(b) Deportability for Criminal Offenses Involving Identification.--Section 237(a)(2) (8 U.S.C. 1227(a)(2)) is amended by adding after subparagraph (E) the following new subparagraph:

``(F) CRIMINAL OFFENSES INVOLVING IDENTIFICATION.--An alien shall be considered to be deportable if the alien has been convicted of a violation of (or a conspiracy or attempt to violate) an offense described in section 208 of the Social Security Act (42 U.S.C. 408) (relating to social security account numbers or social security cards) or section 1028 of title 18, United States Code (relating to fraud and related activity in connection with identification).''.

(c) Effective Date.--The amendments made by this section shall apply to--

(1) any act that occurred before, on, or after the date of enactment, and

(2) to all aliens who are required to establish admissibility on or after the date of enactment of this section, and in all removal, deportation, or exclusion proceedings that are filed, pending, or reopened, on or after such date.

(d) Construction.--The amendments made by subsection (a) shall not be construed to create eligibility for relief from removal under former section 212(c) of the Immigration and Nationality Act if such eligibility did not exist before the amendments became effective.

On page 48, line 36, insert ``including a violation of section 924 (c) or (h) of title 18, United States Code,'' after ``explosives''.

On page 49, lines 7 and 8, strike ``, which is punishable by a sentence of imprisonment of five years or more''.

On page 49, beginning with line 44, through page 50, line 2, strike ``Unless the Secretary of Homeland Security or the Attorney General waives the application of this subparagraph, any'' and insert ``Any''.

On page 50, lines 20 through 22, strike ``The Secretary of Homeland Security or the Attorney General may in his discretion waive this subparagraph.''.

On page 282, strike lines 32 through 38, and insert:

(A) is inadmissible to the United States under section 212(a) of the Act (8 U.S.C. 1182(a));

On page 284, strike lines 1 through 7, and insert:

(I) is an alien who is described in or subject to section 237(a)(2)(A)(iii), (iv) or (v) of the Act (8 U.S.C. 1227(a)(2)(A)(iii), (iv) or (v)), except if the alien has been granted a full and unconditional pardon by the President of the United States of the Governor of any of the several States, as provided in section 237(a)(2)(A)(vi) of the Act (8 U.S.C. 1227(a)(2)(A)(vi);

(J) is an alien who is described in or subject to section 237(a)(4) of the Act (8 U.S.C. 1227(a)(4); and

(K) is an alien who is described in or subject to section 237(a)(3)(C) of the Act (8 U.S.C. 1227(a)(3)(C)), except if the alien is approved for a waiver as authorized under section 237 (a)(3)(C)(ii) of the Act (8 U.S.C. 1227(a)(3)(C)(ii)).

On page 284, line 21, strike ``(9)(C)(i)(I),''.

On page 284, line 41, strike ``section 212(a)(9)(C)(i)(II)'' and insert ``section 212(a)(9)(C)''.

On page 285, between lines 2 and 3, insert:

(VII) section 212(a)(6)(E) of the Act (8 U.S.C. 1182(a)(6)(E)), except if the alien is approved for a waiver as authorized under section 212(d)(11) of the Act (8 U.S.C. 1182(d)(11)); or

(VIII) section 212(a)(9)(A) of the Act (8 U.S.C. 1182(a)(9)(A)).

On page 286, between lines 6 and 7, insert:

(5) GOOD MORAL CHARACTER.--The alien must establish that he or she is a person of good moral character ( within the meaning of section 101(f) of the Act (8 U.S.C. 1101(f)) during the past three years and continue to be a person of such good moral character.

(As printed in the Congressional Record for the Senate on May 23, 2007.)