TITLE III--INSPECTION, APPREHENSION, DETENTION, ADJUDICATION, AND
REMOVAL OF INADMISSIBLE AND DEPORTABLE ALIENS
Subtitle A--Revision of Procedures for Removal of Aliens

SEC. 301. TREATING PERSONS PRESENT IN THE UNITED STATES
WITHOUT AUTHORIZATION AS NOT ADMITTED.

(a) ``Admission'' Defined.--Paragraph (13) of section
101(a) (8 U.S.C. 1101(a)) is amended to read as follows:
``(13)(A) The terms `admission' and `admitted' mean, with
respect to an alien, the lawful entry of the alien into the
United States after inspection and authorization by an
immigration officer.
``(B) An alien who is paroled under section 212(d)(5) or
permitted to land temporarily as an alien crewman shall not
be considered to have been admitted.
``(C) An alien lawfully admitted for permanent residence in
the United States shall not be regarded as seeking an
admission into the United States for purposes of the
immigration laws unless the alien--
``(i) has abandoned or relinquished that status,
``(ii) has been absent from the United States for a
continuous period in excess of 180 days,
``(iii) has engaged in illegal activity after having
departed the United States,
``(iv) has departed from the United States while under
legal process seeking removal of the alien from the United
States, including removal proceedings under this Act and
extradition proceedings,
``(v) has committed an offense identified in section
212(a)(2), unless since such offense the alien has been
granted relief under section 212(h) or 240A(a), or
``(vi) is attempting to enter at a time or place other than
as designated by immigration officers or has not been
admitted to the United States after inspection and
authorization by an immigration officer.''.
(b) Inadmissibility of Aliens Previously Removed and
Unlawfully Present.--
(1) In general.--Section 212(a) (8 U.S.C. 1182(a)) is
amended by redesignating paragraph (9) as paragraph (10) and
by inserting after paragraph (8) the following new paragraph:
``(9) Aliens previously removed.--
``(A) Certain aliens previously removed.--
``(i) Arriving aliens.--Any alien who has been ordered
removed under section 235(b)(1) or at the end of proceedings
under section 240 initiated upon the alien's arrival in the
United States and who again seeks admission within 5 years of
the date of such removal (or within 20 years in the case of a
second or subsequent removal or at any time in the case of an
alien convicted of an aggravated felony) is inadmissible.
``(ii) Other aliens.--Any alien not described in clause (i)
who--

``(I) has been ordered removed under section 240 or any
other provision of law, or
``(II) departed the United States while an order of removal
was outstanding,

and who seeks admission within 10 years of the date of such
alien's departure or removal (or within 20 years of such date
in the case of a second or subsequent removal or at any time
in the case of an alien convicted of an aggravated felony) is
inadmissible.
``(iii) Exception.--Clauses (i) and (ii) shall not apply to
an alien seeking admission within a period if, prior to the
date of the alien's reembarkation at a place outside the
United States or attempt to be admitted from foreign
contiguous territory, the Attorney General has consented to
the alien's reapplying for admission.
``(B) Aliens unlawfully present.--
``(i) In general.--Any alien (other than an alien lawfully
admitted for permanent residence) who--

``(I) was unlawfully present in the United States for a
period of more than 180 days but less than 1 year,
voluntarily departed the United States (whether or not
pursuant to section 244(e)) prior to the commencement of
proceedings under section 235(b)(1) or section 240, and again
seeks admission within 3 years of the date of such alien's
departure or removal, or
``(II) has been unlawfully present in the United States for
one year or more, and who again seeks admission within 10
years of the date of such alien's departure or removal from
the United States,

is inadmissible.
``(ii) Construction of unlawful presence.--For purposes of
this paragraph, an alien is deemed to be unlawfully present
in the United States if the alien is present in the United
States after the expiration of the period of stay authorized
by the Attorney General or is present in the United States
without being admitted or paroled.
``(iii) Exceptions.--

``(I) Minors.--No period of time in which an alien is under
18 years of age shall be taken into account in determining
the period of unlawful presence in the United States under
clause (i).
``(II) Asylees.--No period of time in which an alien has a
bona fide application for asylum pending under section 208
shall be taken into account in determining the period of
unlawful presence in the United States under clause (i)
unless the alien during such period was employed without
authorization in the United States.
``(III) Family unity.--No period of time in which the alien
is a beneficiary of family unity protection pursuant to
section 301 of the Immigration Act of 1990 shall be taken
into account in determining the period of unlawful presence
in the United States under clause (i).
``(IV) Battered women and children.--Clause (i) shall not
apply to an alien who would be described in paragraph
(6)(A)(ii) if `violation of the terms of the alien's
nonimmigrant visa' were substituted for `unlawful entry into
the United States' in subclause (III) of that paragraph.

``(iv) Tolling for good cause.--In the case of an alien
who--

``(I) has been lawfully admitted or paroled into the United
States,
``(II) has filed a nonfrivolous application for a change or
extension of status before the date of expiration of the
period of stay authorized by the Attorney General, and
``(III) has not been employed without authorization in the
United States before or during the pendency of such
application,

the calculation of the period of time specified in clause
(i)(I) shall be tolled during the pendency of such
application, but not to exceed 120 days.
``(v) Waiver.--The Attorney General has sole discretion to
waive clause (i) in the case of an immigrant who is the
spouse or son or daughter of a United States citizen or of an
alien lawfully admitted for permanent residence, if it is
established to the satisfaction of the Attorney General that
the refusal of admission to such immigrant alien would result
in extreme hardship to the citizen or lawfully resident
spouse or parent of such alien. No court shall have
jurisdiction to review a decision or action by the Attorney
General regarding a waiver under this clause.
``(C) Aliens unlawfully present after previous immigration
violations.--
``(i) In general.--Any alien who--

``(I) has been unlawfully present in the United States for
an aggregate period of more than 1 year, or
``(II) has been ordered removed under section 235(b)(1),
section 240, or any other provision of law,

and who enters or attempts to reenter the United States
without being admitted is inadmissible.
``(ii) Exception.--Clause (i) shall not apply to an alien
seeking admission more than 10 years after the date of the
alien's last departure from

[[Page H11796]]

the United States if, prior to the alien's reembarkation at a
place outside the United States or attempt to be readmitted
from a foreign contiguous territory, the Attorney General has
consented to the alien's reapplying for admission.''.
(2) Limitation on change of status.--Section 248 (8 U.S.C.
1258) is amended by inserting ``and who is not inadmissible
under section 212(a)(9)(B)(i) (or whose inadmissibility under
such section is waived under section 212(a)(9)(B)(v))'' after
``maintain that status''.
(3) Treatment of unlawful presence before effective date.--
In applying section 212(a)(9)(B) of the Immigration and
Nationality Act, as inserted by paragraph (1), no period
before the title III-A effective date shall be included in a
period of unlawful presence in the United States.
(c) Revision to Ground of Inadmissibility for Illegal
Entrants and Immigration Violators.--
(1) In general.--Subparagraphs (A) and (B) of section
212(a)(6) (8 U.S.C. 1182(a)(6)) are amended to read as
follows:
``(A) Aliens present without admission or parole.--
``(i) In general.--An alien present in the United States
without being admitted or paroled, or who arrives in the
United States at any time or place other than as designated
by the Attorney General, is inadmissible.
``(ii) Exception for certain battered women and children.--
Clause (i) shall not apply to an alien who demonstrates
that--

``(I) the alien qualifies for immigrant status under
subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of
section 204(a)(1),
``(II)(a) the alien has been battered or subjected to
extreme cruelty by a spouse or parent, or by a member of the
spouse's or parent's family residing in the same household as
the alien and the spouse or parent consented or acquiesced to
such battery or cruelty, or (b) the alien's child has been
battered or subjected to extreme cruelty by a spouse or
parent of the alien (without the active participation of the
alien in the battery or cruelty) or by a member of the
spouse's or parent's family residing in the same household as
the alien when the spouse or parent consented to or
acquiesced in such battery or cruelty and the alien did not
actively participate in such battery or cruelty, and
``(III) there was a substantial connection between the
battery or cruelty described in subclause (I) or (II) and the
alien's unlawful entry into the United States.

``(B) Failure to attend removal proceeding.--Any alien who
without reasonable cause fails or refuses to attend or remain
in attendance at a proceeding to determine the alien's
inadmissibility or deportability and who seeks admission to
the United States within 5 years of such alien's subsequent
departure or removal is inadmissible. ''.
(2) Transition for battered spouse or child provision.--The
requirements of subclauses (II) and (III) of section
212(a)(6)(A)(ii) of the Immigration and Nationality Act, as
inserted by paragraph (1), shall not apply to an alien who
demonstrates that the alien first arrived in the United
States before the title III-A effective date (described in
section 309(a) of this division).
(d) Adjustment in Grounds for Deportation.--Section 241 (8
U.S.C. 1251), before redesignation as section 237 by section
305(a)(2) of this division, is amended--
(1) in the matter before paragraph (1) of subsection (a),
by striking ``in the United States'' and inserting ``in and
admitted to the United States'';
(2) in subsection (a)(1), by striking ``Excludable'' each
place it appears and inserting ``Inadmissible'';
(3) in subsection (a)(1)(A), by striking ``excludable'' and
inserting ``inadmissible''; and
(4) by amending subparagraph (B) of subsection (a)(1) to
read as follows:
``(B) Present in violation of law.--Any alien who is
present in the United States in violation of this Act or any
other law of the United States is deportable.

SEC. 302. INSPECTION OF ALIENS; EXPEDITED REMOVAL OF
INADMISSIBLE ARRIVING ALIENS; REFERRAL FOR
HEARING (REVISED SECTION 235).

(a) In General.--Section 235 (8 U.S.C. 1225) is amended to
read as follows:


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

``Sec. 235. (a) Inspection.--
``(1) Aliens treated as applicants for admission.--An alien
present in the United States who has not been admitted or who
arrives in the United States (whether or not at a designated
port of arrival and including an alien who is brought to the
United States after having been interdicted in international
or United States waters) shall be deemed for purposes of this
Act an applicant for admission.
``(2) Stowaways.--An arriving alien who is a stowaway is
not eligible to apply for admission or to be admitted and
shall be ordered removed upon inspection by an immigration
officer. Upon such inspection if the alien indicates an
intention to apply for asylum under section 208 or a fear of
persecution, the officer shall refer the alien for an
interview under subsection (b)(1)(B). A stowaway may apply
for asylum only if the stowaway is found to have a credible
fear of persecution under subsection (b)(1)(B). In no case
may a stowaway be considered an applicant for admission or
eligible for a hearing under section 240.
``(3) Inspection.--All aliens (including alien crewmen) who
are applicants for admission or otherwise seeking admission
or readmission to or transit through the United States shall
be inspected by immigration officers.
``(4) Withdrawal of application for admission.--An alien
applying for admission may, in the discretion of the Attorney
General and at any time, be permitted to withdraw the
application for admission and depart immediately from the
United States.
``(5) Statements.--An applicant for admission may be
required to state under oath any information sought by an
immigration officer regarding the purposes and intentions of
the applicant in seeking admission to the United States,
including the applicant's intended length of stay and whether
the applicant intends to remain permanently or become a
United States citizen, and whether the applicant is
inadmissible.
``(b) Inspection of Applicants for Admission.--
``(1) Inspection of aliens arriving in the united states
and certain other aliens who have not been admitted or
paroled.--
``(A) Screening.--
``(i) In general.--If an immigration officer determines
that an alien (other than an alien described in subparagraph
(F)) who is arriving in the United States or is described in
clause (iii) is inadmissible under section 212(a)(6)(C) or
212(a)(7), the officer shall order the alien removed from the
United States without further hearing or review unless the
alien indicates either an intention to apply for asylum under
section 208 or a fear of persecution.
``(ii) Claims for asylum.--If an immigration officer
determines that an alien (other than an alien described in
subparagraph (F)) who is arriving in the United States or is
described in clause (iii) is inadmissible under section
212(a)(6)(C) or 212(a)(7) and the alien indicates either an
intention to apply for asylum under section 208 or a fear of
persecution, the officer shall refer the alien for an
interview by an asylum officer under subparagraph (B).
``(iii) Application to certain other aliens.--

``(I) In general.--The Attorney General may apply clauses
(i) and (ii) of this subparagraph to any or all aliens
described in subclause (II) as designated by the Attorney
General. Such designation shall be in the sole and
unreviewable discretion of the Attorney General and may be
modified at any time.
``(II) Aliens described.--An alien described in this clause
is an alien who is not described in subparagraph (F), who has
not been admitted or paroled into the United States, and who
has not affirmatively shown, to the satisfaction of an
immigration officer, that the alien has been physically
present in the United States continuously for the 2-year
period immediately prior to the date of the determination of
inadmissibility under this subparagraph.

``(B) Asylum interviews.--
``(i) Conduct by asylum officers.--An asylum officer shall
conduct interviews of aliens referred under subparagraph
(A)(ii), either at a port of entry or at such other place
designated by the Attorney General.
``(ii) Referral of certain aliens.--If the officer
determines at the time of the interview that an alien has a
credible fear of persecution (within the meaning of clause
(v)), the alien shall be detained for further consideration
of the application for asylum.
``(iii) Removal without further review if no credible fear
of persecution.--

``(I) In general.--Subject to subclause (III), if the
officer determines that an alien does not have a credible
fear of persecution, the officer shall order the alien
removed from the United States without further hearing or
review.
``(II) Record of determination.--The officer shall prepare
a written record of a determination under subclause (I). Such
record shall include a summary of the material facts as
stated by the applicant, such additional facts (if any)
relied upon by the officer, and the officer's analysis of
why, in the light of such facts, the alien has not
established a credible fear of persecution. A copy of the
officer's interview notes shall be attached to the written
summary.
``(III) Review of determination.--The Attorney General
shall provide by regulation and upon the alien's request for
prompt review by an immigration judge of a determination
under subclause (I) that the alien does not have a credible
fear of persecution. Such review shall include an opportunity
for the alien to be heard and questioned by the immigration
judge, either in person or by telephonic or video connection.
Review shall be concluded as expeditiously as possible, to
the maximum extent practicable within 24 hours, but in no
case later than 7 days after the date of the determination
under subclause (I).
``(IV) Mandatory detention.--Any alien subject to the
procedures under this clause shall be detained pending a
final determination of credible fear of persecution and, if
found not to have such a fear, until removed.

``(iv) Information about interviews.--The Attorney General
shall provide information concerning the asylum interview
described in this subparagraph to aliens who may be eligible.
An alien who is eligible for such interview may consult with
a person or persons of the alien's choosing prior to the
interview or any review thereof, according to regulations
prescribed by the Attorney General. Such consultation shall
be at no expense to the Government and shall not unreasonably
delay the process.
``(v) Credible fear of persecution defined.--For purposes
of this subparagraph, the term `credible fear of persecution'
means that there is a significant possibility, taking into
account the credibility of the statements made by the alien
in support of the alien's claim and such other facts as are
known to the officer, that the alien could establish
eligibility for asylum under section 208.
``(C) Limitation on administrative review.--Except as
provided in subparagraph (B)(iii)(III), a removal order
entered in accordance with subparagraph (A)(i) or (B)(iii)(I)
is not subject to administrative appeal, except that


[[Page H11797]]

the Attorney General shall provide by regulation for prompt
review of such an order under subparagraph (A)(i) against an
alien who claims under oath, or as permitted under penalty of
perjury under section 1746 of title 28, United States Code,
after having been warned of the penalties for falsely making
such claim under such conditions, to have been lawfully
admitted for permanent residence, to have been admitted as a
refugee under section 207, or to have been granted asylum
under section 208.
``(D) Limit on collateral attacks.--In any action brought
against an alien under section 275(a) or section 276, the
court shall not have jurisdiction to hear any claim attacking
the validity of an order of removal entered under
subparagraph (A)(i) or (B)(iii).
``(E) Asylum officer defined.--As used in this paragraph,
the term `asylum officer' means an immigration officer who--
``(i) has had professional training in country conditions,
asylum law, and interview techniques comparable to that
provided to full-time adjudicators of applications under
section 208, and
``(ii) is supervised by an officer who meets the condition
described in clause (i) and has had substantial experience
adjudicating asylum applications.
``(F) Exception.--Subparagraph (A) shall not apply to an
alien who is a native or citizen of a country in the Western
Hemisphere with whose government the United States does not
have full diplomatic relations and who arrives by aircraft at
a port of entry.
``(2) Inspection of other aliens.--
``(A) In general.--Subject to subparagraphs (B) and (C), in
the case of an alien who is an applicant for admission, if
the examining immigration officer determines that an alien
seeking admission is not clearly and beyond a doubt entitled
to be admitted, the alien shall be detained for a proceeding
under section 240.
``(B) Exception.--Subparagraph (A) shall not apply to an
alien--
``(i) who is a crewman,
``(ii) to whom paragraph (1) applies, or
``(iii) who is a stowaway.
``(C) Treatment of aliens arriving from contiguous
territory.--In the case of an alien described in subparagraph
(A) who is arriving on land (whether or not at a designated
port of arrival) from a foreign territory contiguous to the
United States, the Attorney General may return the alien to
that territory pending a proceeding under section 240.
``(3) Challenge of decision.--The decision of the examining
immigration officer, if favorable to the admission of any
alien, shall be subject to challenge by any other immigration
officer and such challenge shall operate to take the alien
whose privilege to be admitted is so challenged, before an
immigration judge for a proceeding under section 240.
``(c) Removal of Aliens Inadmissible on Security and
Related Grounds.--
``(1) Removal without further hearing.--If an immigration
officer or an immigration judge suspects that an arriving
alien may be inadmissible under subparagraph (A) (other than
clause (ii)), (B), or (C) of section 212(a)(3), the officer
or judge shall--
``(A) order the alien removed, subject to review under
paragraph (2);
``(B) report the order of removal to the Attorney General;
and
``(C) not conduct any further inquiry or hearing until
ordered by the Attorney General.
``(2) Review of order.--(A) The Attorney General shall
review orders issued under paragraph (1).
``(B) If the Attorney General--
``(i) is satisfied on the basis of confidential information
that the alien is inadmissible under subparagraph (A) (other
than clause (ii)), (B), or (C) of section 212(a)(3), and
``(ii) after consulting with appropriate security agencies
of the United States Government, concludes that disclosure of
the information would be prejudicial to the public interest,
safety, or security,

the Attorney General may order the alien removed without
further inquiry or hearing by an immigration judge.
``(C) If the Attorney General does not order the removal of
the alien under subparagraph (B), the Attorney General shall
specify the further inquiry or hearing that shall be
conducted in the case.
``(3) Submission of statement and information.--The alien
or the alien's representative may submit a written statement
and additional information for consideration by the Attorney
General.
``(d) Authority Relating to Inspections.--
``(1) Authority to search conveyances.--Immigration
officers are authorized to board and search any vessel,
aircraft, railway car, or other conveyance or vehicle in
which they believe aliens are being brought into the United
States.
``(2) Authority to order detention and delivery of arriving
aliens.--Immigration officers are authorized to order an
owner, agent, master, commanding officer, person in charge,
purser, or consignee of a vessel or aircraft bringing an
alien (except an alien crewmember) to the United States--
``(A) to detain the alien on the vessel or at the airport
of arrival, and
``(B) to deliver the alien to an immigration officer for
inspection or to a medical officer for examination.
``(3) Administration of oath and consideration of
evidence.--The Attorney General and any immigration officer
shall have power to administer oaths and to take and consider
evidence of or from any person touching the privilege of any
alien or person he believes or suspects to be an alien to
enter, reenter, transit through, or reside in the United
States or concerning any matter which is material and
relevant to the enforcement of this Act and the
administration of the Service.
``(4) Subpoena authority.--(A) The Attorney General and any
immigration officer shall have power to require by subpoena
the attendance and testimony of witnesses before immigration
officers and the production of books, papers, and documents
relating to the privilege of any person to enter, reenter,
reside in, or pass through the United States or concerning
any matter which is material and relevant to the enforcement
of this Act and the administration of the Service, and to
that end may invoke the aid of any court of the United
States.
``(B) Any United States district court within the
jurisdiction of which investigations or inquiries are being
conducted by an immigration officer may, in the event of
neglect or refusal to respond to a subpoena issued under this
paragraph or refusal to testify before an immigration
officer, issue an order requiring such persons to appear
before an immigration officer, produce books, papers, and
documents if demanded, and testify, and any failure to obey
such order of the court may be punished by the court as a
contempt thereof.''.
(b) GAO Study on Operation of Expedited Removal
Procedures.--
(1) Study.--The Comptroller General shall conduct a study
on the implementation of the expedited removal procedures
under section 235(b)(1) of the Immigration and Nationality
Act, as amended by subsection (a). The study shall examine--
(A) the effectiveness of such procedures in deterring
illegal entry,
(B) the detention and adjudication resources saved as a
result of the procedures,
(C) the administrative and other costs expended to comply
with the provision,
(D) the effectiveness of such procedures in processing
asylum claims by undocumented aliens who assert a fear of
persecution, including the accuracy of credible fear
determinations, and
(E) the cooperation of other countries and air carriers in
accepting and returning aliens removed under such procedures.
(2) Report.--By not later than 18 months after the date of
the enactment of this Act, the Comptroller General shall
submit to the Committees on the Judiciary of the House of
Representatives and the Senate a report on the study
conducted under paragraph (1).