(a)

by striking subsection (c) and inserting:

(c)

The worldwide level of family-sponsored immigrants is—

(i)

300,000, minus

(ii)

the sum of—

(A)

the number of refugees admitted under section 207 in the preceding fiscal year, and

(B)

the number of aliens described in sections 201(b)(2) and 203(b) who were issued immigrant visas or who otherwise acquired the status of aliens lawfully admitted to the United States for permanent residence in the previous fiscal year;;

(b)

by striking subsection (d) and inserting:

(d)

The worldwide level of employment-based immigrants is 40,000; and

(c)

by striking 55,000 from subsection (e) and inserting zero.

(a)

adding the following paragraph to subsection (a):

(5)

If the worldwide level of family-sponsored immigrants for any fiscal year is less than 226,000, then the maximum number of visas that can be allotted to any class of family-sponsored immigrants under this subsection shall be proportionately reduced for that fiscal year;;

(b)

striking subsection (b) and inserting:

(b) Allocation for employment-Based immigrants

Visas shall be made available in a number not to exceed the worldwide level of employment-based immigrants to qualified immigrants who are aliens described in any of the following paragraphs (1) through (3).

(1) Aliens with extraordinary ability

An alien is described in this paragraph if—

(A)

the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,

(B)

the alien seeks to enter the United States to continue work in the area of extraordinary ability, and

(C)

the alien's entry into the United States will substantially benefit prospectively the United States.

(2) Outstanding professors and researchers

An alien is described in this paragraph if—

(A)

the alien is recognized internationally as outstanding in a specific academic area,

(B)

the alien has at least 3 years of experience in teaching or research in the academic area, and

(C)

the alien seeks to enter the United States—

(i)

for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area,

(ii)

for a comparable position with a university or institution of higher education to conduct research in the area, or

(iii)

for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.

(3) Certain multinational executives and managers

An alien is described in this paragraph if the alien, in the 3 years preceding the time of the alien's application for classification and admission into the United States under this paragraph, has been employed for at least 1 year by a firm or comporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.

(c)

striking subsection (c) and inserting:

(c)

Visas shall be made available to employment-related immigrants in the order in which a petition on behalf of each such immigrant is filed with the Attorney General and waiting lists of applicants for visas shall be maintained in accordance with regulations prescribed by the Secretary of State.;

(d)

striking (a), (b), or (c) from subsections (d), (f), and (g) and inserting (a) or (b);

(e)

striking subsection (e); and

(f)

renumbering subsections (f) and (g) as (e) and (f), respectively.

(a)

striking from subsection (a)(1)(A) the classification by reason of a relationship described in paragraph (1), (3), or (4) of section 203(a) or;

(b)

striking from subsection (a)(1) subparagraphs (B), (C), (D), (E), (F), (G), and inserting:

(B)

Any alien desiring to be classified under section 203(b), or any person on behalf of such an alien, may file a petition with the Attorney General for such classification.;

(c)

striking from subsection (e) as an immigrant under subsection (a), (b), or (c) of section 203 or;

(d)

striking from subsection (f)(i) , 203(a)(1), or 203(a)(3), as appropriate; and

(e)

adding:

(h)

Notwithstanding any other provision of this section, the Attorney General shall not approve after September 30, 2026, any petitions other than for immediate relative status under section 201(b)(2) or classification by reason of a relationship described in section 203(b).

(a)

striking from section 201(b)(2)(A)(i) the children, spouses, and parents of a citizen of the United States, except that, in the case of parents, such citizens shall be at least 21 years of age and inserting children and spouses of a citizen of the United States;

(b)

striking from section 203(a)(1) Unmarried sons or daughters of citizens.—Qualified immigrants who are the unmarried sons or daughters of citizens or the United States and inserting Parents of adult United States citizens.—Qualified immigrants who are the parents of citizens of the United States who are at least 21 years of age; and

(c)

striking Married and married from section 203(a)(3) .

(a)

Public Law 89–732, as amended by Public Law 94–571, is repealed.

(b)

Section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) is amended by adding after subsection (e) thereof:

(f)

Determinations of the allocation of admissions under subsections (a) and (b), determinations of admissions under subsection (c), and procedures for the determination of refugee status shall not discriminate in favor of or against any alien on the basis of the alien's race, religion, nationality, membership in a particular social group, or political opinion.

(a) Inspection of aliens

Section 235(b) of the Immigration and Nationality Act (8 U.S.C. 1225(b)) is amended to read as follows:

(b) Inspection and exclusion by immigration officers

(1)

An immigration officer shall inspect each alien who is seeking entry to the United States.

(2)

(A)

If the examining immigration officer determines that an alien seeking entry—

(i)

does not present the documentation required (if any) to obtain legal entry to the United States; and

(ii)

does not indicate either an intention to apply for asylum (under section 208) or a fear of persecution, the officer shall order the alien excluded from the United States without further hearing or review.

(B)

The examining immigration officer shall refer for immediate inspection at a port of entry by an asylum officer under subparagraph (C) any alien who has indicated an intention to apply for asylum or a fear of persecution.

(C)

(i)

If an asylum officer determines that an alien has a credible fear of persecution, the alien shall be entitled to apply for asylum under section 208.

(ii)

If an asylum officer determines that an alien does not have a credible fear of persecution the officer shall order the alien excluded from the United States without further hearing or review.

(3)

(A)

Except as provided in subparagraph (B), if the examining immigration officer determines that an alien seeking entry is not clearly and beyond a doubt entitled to enter, the alien shall be detained for a hearing before a special inquiry officer.

(B)

The provisions of subparagraph (A) shall not apply—

(i)

to an alien crewman,

(ii)

to an alien described in paragraph (2)(A) or 2(C)(ii)(I), or

(iii)

if the conditions described in section 273(d) exist.

(4)

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 enter is so challenged, before a special inquiry officer for a hearing on exclusion of the alien.

(5)

(A)

Subject to subparagraph (B), an alien has not entered the United States for purposes of this Act unless and until such alien has been inspected and admitted by an immigration officer pursuant to this subsection.

(B)

An alien who (i) is physically present in the United States, (ii) has been physically present in the United States for a continuous period of one year, and (iii) has not been inspected and admitted by an immigration officer shall be deemed to have entered the United States without inspection.

(6) Interior repatriation

The Secretary of State shall undertake to enter into, on behalf of the United States, arrangements with the governments of countries contiguous to the United States that any excludable or deportable alien who is to depart the United States to such country under an order of deportation, under a grant of voluntary departure with safeguards, or at a time when the alien is in federal custody shall be transported to a point in the contiguous country that, to the extent practicable, is not less than 500 kilometers from the border of the United States.

(b) Grounds for exclusion

Section 221(a)(6) of the Immigration and Nationality Act is amended by adding the following paragraphs:

(G)

(i)

Any alien who, in seeking entry to the United States or boarding a common carrier for the purpose of coming to the United States, presents any document which is forged, counterfeit, altered, falsely made, stolen, or inapplicable to the alien presenting the document, or otherwise contains a misrepresentation of a material fact, shall be excluded.

(ii)

Subparagraph (ii) shall not apply to an alien if, in the determination of the asylum officer, the document or documents to which that subparagraph refers were presented by the alien solely to enable the alien to depart directly from—

(A)

a country in which the alien had a credible fear of persecution; or

(B)

a country in which there was a significant danger that the alien would be returned to a country in which the alien would have a credible fear of persecution.

(iii)

For the purposes of this subparagraph, the term credible fear of persecution means (I) that it is more probable than not that the statements made by the alien in support of his or her claim are true, and (II) that there is a significant possibility, in light of such statements and of such other facts as are known to the officer that the alien could establish eligibility for asylum under section 208.

(H)

Any alien who, in boarding a common carrier for the purpose of coming to the United States, presents a document that relates or purports to relate to the alien's eligibility to enter the United States, and fails to present such document to an immigration officer upon arrival at a port of entry into the United States, shall be excluded.

(b) Conforming amendments

Section 237(a) (8 U.S.C. 1227(a)) is amended—

(a) In general

Section 208 (8 U.S.C. 1158) is amended to read as follows:

208.

(a) Asylum

(1) Right to apply

An alien physically present in the United States or at a land border or port of entry may apply for asylum in accordance with this section.

(2) Conditions for granting

(A) Grants by attorney general

The Attorney General may grant asylum to an alien if the alien applies for asylum in accordance with the requirements of this section and establishes that it is more probable than not that in the alien's country of nationality (or, in the case of a person having no nationality, the country in which such alien last habitually resided) such alien would be arrested and incarcerated or such alien's life would be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion.

(B) Exception

Subparagraph (A) shall not apply to an alien if the Attorney General determines that—

(i)

the alien ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion;

(ii)

the alien, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of the United States;

(iii)

there are serious reasons for believing that the alien has committed a serious nonpolitical crime outside the United States prior to the arrival of the alien in the United States;

(iv)

there are reasonable grounds for regarding the alien as a danger to the security of the United States; or

(v)

a country willing to accept the alien has been identified (other than the country described in subparagraph (A)) to which the alien can be deported or returned and the alien does not establish that it is more likely than not that the alien would be incarcerated or the alien's life would be threatened in such country on account of race, religion, nationality, membership of a particular social group, or political opinion. For purposes of clause (ii), an alien who has been convicted of an aggravated felony shall be considered to have committed a particularly serious crime. The Attorney General shall promulgate regulations that specify additional crimes that will be considered to be a crime described in clause (ii) or clause (iii).

(3) Asylum status

In the case of any alien granted asylum under paragraph (2), the Attorney General, in accordance with this section—

(A)

shall not deport or return the alien to the country described under paragraph (2)(A);

(B)

shall authorize the alien to engage in employment in the United States and provide the alien with an employment authorized endorsement or other appropriate work permit; and

(C)

may allow the alien to travel abroad with the prior consent of the Attorney General, except that such travel may not be authorized to the country from which the alien claimed to be fleeing persecution.

(4) Termination

Asylum granted under paragraph (2) shall be terminated if the Attorney General, pursuant to such regulations as the Attorney General may prescribe, determines that—

(A)

the alien no longer meets the conditions described in paragraph (2) owing to a change in circumstances in the alien's country of nationality or, in the case of an alien having no nationality, in the country in which the alien last habitually resided;

(B)

the alien meets a condition described in paragraph (2);

(C)

a country willing to accept the alien has been identified (other than the country described in paragraph (2)) to which the alien can be deported or returned and the alien cannot establish that it is more likely than not that the alien would be arrested or incarcerated in such country on account of race, religion, nationality, membership in a particular social group, or political opinion; or

(D)

the alien returns to the country from which the alien claimed to be fleeing persecution or makes application with the Attorney General to return to the country from which the alien claimed to fleeing persecution.

(5) Acceptance by another country

In the case of an alien described in paragraph (2)(C)(v) or paragraph (4)(C), the alien's deportation or return shall be directed by the Attorney General in the sole discretion of the Attorney General, to any country which is willing to accept the alien into its territory (other than the country described in paragraph (2)).

(b) Asylum procedure

(1) Applications

(A) In general

(i) Deadline

Subject to clause (ii), an alien's application for asylum shall not be considered under this section unless—

(I)

the alien has filed, not later than 30 days after entering or coming to the United States, notice of intention to file such an application, and

(II)

such application is actually filed not later than 45 days after entering or coming to the United States.

(ii) Exception

An application for temporary asylum may be considered, notwithstanding that the requirements of clause (i) have not been met, only if the alien demonstrates by clear and convincing evidence changed circumstances in the alien's country of nationality (or in the case of an alien with no nationality, in the country where the alien last habitually resided) affecting eligibility for asylum.

(B) Requirements

An application for temporary asylum shall not be considered unless the alien submits to the taking of fingerprints and a photograph in a manner determined by the Attorney General.

(C) Fees

The Attorney General may provide for a reasonable fee for the consideration of an application for asylum or for any employment authorization under subsection (a)(3)(B).

(D) Notice of privilege of counsel and consequences of frivolous application

At the time of filing a notice of intention to apply for asylum, the alien shall be advised of the privilege of being represented (at no expense to the government) by such counsel, authorized to practice in such proceedings, as the alien shall choose and of the consequences, under subsection (d), of filling a frivolous application for temporary asylum.

(2) Consideration of applications; hearings

(A) Asylum officers

Applications for temporary asylum shall be considered by officers of the Service (referred to in this Act as asylum officers) who are specially designated by the Service as having special training and knowledge of international conditions and human rights records of foreign countries. Pending the designation of such officers, individuals who as of the date of the enactment of the Harry Reid Immigration Stabilization Act are authorized to perform duties as asylum officers shall be deemed to be qualified to be asylum officers for purposes of this Act.

(B) Scheduling of hearings

(i) In general

Upon the filing of an application for asylum, an asylum officer, at the earliest practicable time and after consultation with the attorney for the Government and the attorney (if any) for the applicant, shall set the application for hearing on a day certain or list it on a weekly or other short-term calendar, so as to assure a speedy hearing.

(ii) Deadline

Unless the applicant (or an attorney for the applicant) consents in writing to the contrary, the hearing on the asylum application shall commence not later than 45 days after the date the application was filed.

(C) Public hearings

A hearing on a temporary asylum application shall be open to the public unless the applicant requests that it be closed to the public.

(D) Rights in hearings

The officer shall, to the extent practicable, conduct the hearing in a nonadversarial manner. During such hearing, the applicant shall have the privilege of the assistance and participation of counsel (as provided under paragraph (1)(D)) and both the government and the applicant shall be entitled to present evidence and witnesses, to examine and object to evidence, and to cross-examine all witnesses.

(E) Country conditions

An officer may request opinions regarding country conditions from the Secretary of State, but shall not request or consider recommendations from the Secretary of State as to whether a particular named individual should or should not be granted temporary asylum.

(F) Transcript of hearings

A complete record of the proceedings and of all testimony and evidence produced at the hearing shall be kept. The hearing shall be recorded verbatim. The Attorney General and the Service shall provide that a transcript of a hearing held under this section is made available not later than 10 days after the date of completion of the hearing.

(G) Deadline for determinations on applications

The officer shall render a determination on the application not later than 30 days after the date of completion of the hearing. The determination of the officer shall be based only on the officer's knowledge of international conditions and human rights records of foreign countries, and evidence produced at the hearing.

(H) Resource allocation

The Attorney General shall allocate sufficient resources so as to assure that applications for asylum are heard and determined on a timely basis. However, nothing in this paragraph relating to scheduling or deadlines shall be construed as creating any right or benefit, substantive or procedural, which is legally enforceable by any party against the United States, its agencies, its officers, or any other person.

(I) Sanctions for failure to appear

(i)

Subject to clause (ii), the application for asylum of an alien who does not appear for a hearing on such application shall be summarily dismissed unless the alien can show exceptional circumstances (as defined in section 242B(f)(2)) as determined by the asylum officer.

(ii)

Clause (i) shall not apply if written and oral notice were not provided as required by section 242B(e)(4)(B).

(iii)

Except in exceptional circumstances (as defined in section 242B(f)(2)), an application summarily dismissed in accordance with Clause (i) shall not be reopened or reconsidered nor shall a new application for asylum be entertained by the Attorney General at any time.

(J) Finality of determinations

(i) In general

The decision of the asylum officer shall be the final administrative determination of a claim for asylum.

(ii) Treatment of cases in exclusion or deportation

If proceedings are instituted against an alien under section 235 or 242 of this Act and the alien files an application for asylum based on circumstances described in subsection (b)(1)(A)(ii), the asylum officer shall render, on an expedited basis, a decision on the application.

(c) Asylum status adjustments

(1) Adjustment of status

Under such regulations as the Attorney General may prescribe, the Attorney General shall adjust to the status of an alien granted asylum the status of any alien granted asylum under subsection (a)(2)(A) who—

(A)

applies for such adjustment;

(B)

has been physically present in the United States for at least 3 years after being granted asylum;

(C)

continues to be eligible for asylum under this section; and

(D)

is admissible under this Act at the time of examination for adjustment of status under this subsection.

(2) Treatment of spouse and children

A spouse or child (as defined in section 101(b)(A), (B), (C), (D), or (E)) of an alien whose status is adjusted to that of an alien granted asylum under paragraph (a)(2) may be granted the same status as the alien if accompanying, or following to join, such alien.

(3) Application fees

The Attorney General may impose a reasonable fee for the filing of an application for asylum under this subsection.

(d) Denial of immigration benefits for frivolous applications

(1) In general

If the asylum officer determines that an alien has made a frivolous application for asylum under this section and the alien has received the notice under subsection (b)(1)(D)(i), the alien shall be permanently ineligible for any benefits under this Act, effective as of the date of a final determination on such application.

(2) Treatment of fraudulent or material misrepresentations

For purposes of this subsection, an application considered to be frivolous includes, but is not limited to, an application which is fraudulent or otherwise contains a willful misrepresentation or concealment of a material fact.

(a)

Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) is amended by adding at the end thereof:

(d)

Notwithstanding any other provision of law, no court shall have jurisdiction to review, except by petition for habeas corpus, any determination made with respect to an alien found excludable pursuant to titles I or II of this Act. In any such case, review by habeas corpus shall be limited to examination of whether the petitioner (I) is an alien, and (II) was ordered excluded from the United States pursuant to the provisions of this Act. Regardless of the nature of the suit or claim, no court shall have jurisdiction except as provided in this paragraph to consider the validity of any adjudication or determination of exclusion, to certify a class in an action challenging the exclusion provisions of this Act or any portion or implementation thereof, or to provide declaratory or injunctive relief with respect to the exclusion of any alien.

(e)

In any action brought for the assessment of penalties for improper entry or re-entry of an alien under sections 275, 276, 277 or 278 of the Immigration and Nationality Act, no court shall have jurisdiction to hear claims collaterally attacking the validity of orders of exclusion, or deportation entered under sections 235, 236, or 242 of that Act.

(a) Limitation on deportation

Section 243 (8 U.S.C. 1253) is amended by striking subsection (h).

(b) Adjustment of status

Section 209(b) of the Immigration and Nationality Act (8 U.S.C. 1159(b)) is amended—

(c) Aliens ineligible for temporary protected status

Section 244A(c)(2)(B)(ii) of the Immigration and Nationality Act (8 U.S.C. 1254a(c)(2)(B)(ii)) is amended by striking section 243(h)(2) and inserting clauses (i), (ii), (iii), or (iv) of section 208(a)(2)(C).

(d) Eligibility for naturalization

Section 316(f)(1) of the Immigration and Nationality Act (8 U.S.C. 1427(f)(1)) is amended by striking subparagraphs (A) through (D) of paragraph 243(h)(2) and inserting clauses (i), (ii), (iii), or (iv) of section 208(a)(2)(C).

(e) Family unity

Section 301(e) of the Immigration Act of 1990 (Public Law 101–649) is amended by striking section 243(h)(2) and inserting clauses (i), (ii), (iii), or (iv) of section 208(a)(2)(C).

(a) In general

Except as otherwise provided, the amendments made by this title shall take effect on the date of the enactment of this Act.

(b) Exceptions

(a) Expansion in definition

Section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43) is amended to read as follows:

(43)

The term aggravated felony means—

(A)

murder;

(B)

any illicit trafficking in any controlled substance (as defined in section 102 of the Controlled Substances Act), including any drug trafficking crime as defined in section 924(c) of title 18, United States Code;

(C)

any illicit trafficking in any 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 title 18, United States Code;

(D)

any offense described in (i) section 1956 of title 18, United States Code (relating to laundering of monetary instruments) or (ii) section 1957 of such title (relating to engaging in monetary transactions in property derived from specific unlawful activity) if the value of the funds exceeded $100,000;

(E)

any offense described in—

(i)

subsection (h) or (i) of section 842, title 18, United States Code, or subsection (d), (e), (f), (g), (h), or (i) of section 844 of title 18, United States Code (relating to explosive materials offenses),

(ii)

paragraph (1), (2), (3), (4), or (5) of section 922(g), or section 922(j), section 922(n), section 922(o), section 922(p), section 922(r), section 924(b), or section 924(h) of title 18, United States Code (relating to firearms offenses), or

(iii)

section 5861 of title 26, United States Code (relating to firearms offenses);

(F)

any crime of violence (as defined in section 16 of title 18, United States Code, not including a purely political offense) for which the term of imprisonment imposed (regardless of any suspension of such imprisonment) is at least 5 years;

(G)

any theft offense (including receipt of stolen property) or any burglary offense, where a sentence of 5 years imprisonment or more may be imposed;

(H)

any offense described in section 875, section 876, section 877, or section 1202 of title 18, United States Code (relating to the demand for or receipt of ransom);

(I)

any offense described in section 2251, section 2251A or section 2252 of title 18, United States Code (relating to child pornography);

(J)

any offense described in—

(i)

section 1962 of title 18, United States Code (relating to racketeer influenced corrupt organizations), or

(ii)

section 1084 (if it is a second or subsequent offense) or section 1955 of such title (relating to gambling offenses), where a sentence of 5 years imprisonment or more may be imposed;

(K)

any offense relating to commercial bribery, counterfeiting, forgery or trafficking in vehicles whose identification numbers have been altered, where a sentence of 5 years imprisonment or more may be imposed;

(L)

any offense—

(i)

described in section 2421, section 2422, or section 2423 of title 18, United States Code (relating to transportation for the purpose of prostitution) for commercial advantage, or

(ii)

described in section 1581 through 1585, or section 1588, of title 18, United States Code (relating to peonage, slavery, and involuntary servitude);

(M)

any offense relating to perjury or subornation of perjury where a sentence of 5 years imprisonment or more may be imposed;

(N)

any offense described in—

(i)

section 793 (relating to gathering or transmitting national defense information), section 798 (relating to disclosure of classified information), section 2153 (relating to sabotage) or section 2381 or section 2382 (relating to treason) of title 18, United States Code, or

(ii)

section 421 of title 50, United States Code (relating to protecting the identity of undercover intelligence agents);

(O)

any offense—

(i)

involving fraud or deceit where the loss to the victim or victims exceeded $200,000; or

(ii)

described in section 7201 of title 26, United States Code (relating to tax evasion), where the tax loss to the Government exceeds $200,000;

(P)

any offense described in section 274(a)(1) of title 18, United States Code (relating to alien smuggling) for the purpose of commercial advantage;

(Q)

any violation of section 1546(a) of title 18, United States Code (relating to document fraud), for the purpose of commercial advantage;

(R)

any offense relating to failing to appear before a court pursuant to a court order to answer to or dispose of a charge of a felony, where a sentence of 2 years or more may be imposed; or any attempt or conspiracy to commit any such act. Such term applies to offenses described in this paragraph whether in violation of Federal or State law and applies to such offenses in violation of the laws of a foreign country for which the term of imprisonment was completed within the previous 15 years; or

(S)

any felony committed by an alien on or after the date that alien had received a waiver of deportation under sections 212 or 241 of this Act (8 U.S.C. 1182 or 1251) after commission of a prior felony.

(b) Effective date

The amendments made by this section shall apply to all convictions entered before, on, or after the date of enactment of this Act.

(a) Elimination of administrative hearing for certain criminal aliens

Section 242A of the Immigration and Nationality Act (8 U.S.C. 1252a) is amended by adding at the end the following:

(c) Deportation of Aliens Who are not Permanent Residents

(1)

Notwithstanding section 242, and subject to paragraph (5), the Attorney General may issue a final order of deportation against any alien described in paragraph (2) whom the Attorney General determines to be deportable under section 241(a)(2)(A)(iii) (relating to conviction of an aggravated felony).

(2)

An alien is described in this paragraph if the alien—

(A)

was not lawfully admitted for permanent residence at the time that proceedings under this section commenced, or

(B)

had permanent resident status on a conditional basis (as described in section 216) at the time that proceedings under this section commenced.

(3)

The Attorney General may delegate the authority in this section to the Commissioner or to any District Director of the Service.

(4)

No alien described in this section shall be eligible for—

(A)

any relief from deportation that the Attorney General may grant in his discretion, or

(B)

relief under section 243(h).

(5)

The Attorney General may not execute any order described in paragraph (1) until 14 calendar days have passed from the date that such order was issued, in order that the alien has an opportunity to apply for judicial review under section 106.

(b) Limited judicial review

Section 106 of the Immigration and Nationality Act (8 U.S.C. 1105a) is amended—

(c) Technical and conforming changes

Section 242A of the Immigration and Nationality Act (8 U.S.C. 1252a) is amended as follows:

(d) Effective date

The amendments made by this section shall apply to all aliens against whom deportation proceedings are initiated after the date of enactment of this Act.

(a) Judicial deportation

Section 242A of the Immigration and Nationality Act (8 U.S.C. 1252a) is amended by inserting at the end the following new subsection:

(d) Judicial deportation

(1) Authority

In any criminal case subject to the jurisdiction of any court of the United States or of any State, such court may enter a judicial order of deportation at the time of sentencing against an alien whose criminal conviction causes such alien to be deportable under section 241(a)(2)(A)(iii) (relating to conviction of a felony).

(2) Denial of judicial order

Denial of a request for a judicial order of deportation shall not preclude the Attorney General from initiating deportation proceedings pursuant to section 242 upon the same ground of deportability or upon any other ground of deportability provided under section 241(a).

(b) Technical and conforming changes

The ninth sentence of section 242(b) of the Immigration and Nationality Act (8 U.S.C. 1252(b)) is amended by striking out The and inserting in lieu thereof, Except as provided in section 242A(d), the.

(c) Effective date

The amendments made by this section shall apply to all aliens whose adjudication of guilt or guilty plea is entered in the record after the date of enactment of this Act.

(a) Defenses based on seven years of permanent residence

The last sentence of section 212(c) of the Immigration and Nationality Act (8 U.S.C. 1182(c)) is amended by striking out has served for such felony or felonies and all that follows through the period and inserting in lieu thereof has been sentenced for such felony or felonies to a term of imprisonment of at least 5 years, Provided, That the time for appealing such conviction or sentence has expired and the sentence has become final..

(b) Defenses based on withholding of deportation

Section 243(h)(2) of the Immigration and Nationality Act (8 U.S.C. 1253(h)(2)) is amended by—

(a) Failure to depart

Section 242(e) of the Immigration and Nationality Act (8 U.S.C. 1252(e)) is amended—

(b) Reentry

Section 276(b) of the Immigration and Nationality Act (8 U.S.C. 1326(b)) is amended—

(c) Collateral attacks on underlying deportation order

Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) is amended by inserting after subsection (b) the following new subsection:

(c)

In any criminal proceeding under this section, no alien may challenge the validity of the deportation order described in subsection (a)(1) or subsection (b).

(a) In general

Subchapter A of chapter 227 of title 18, United States Code, is amended by adding at the end the following:

3560. Order of Deportation for certain aliens

The court, upon sentencing an individual who is an alien for an aggravated felony (as defined in section 101(a)(43) of the Immigration and Nationality Act, shall include in a sentencing order a declaration that the individual is deportable. And presentence report required under the Rules of Criminal Procedure with respect to the sentencing of any individual for such a felony shall include whether or not such individual is an alien.

(b) Clerical amendment

The table of sections at the beginning of subchapter A of chapter 227 of title 18, United States Code, is amended by adding at the end the following new item:

(c) Deportation procedures

Section 242A of the Immigration and Nationality Act (18 U.S.C. 1252a) is amended by adding at the end the following:

(f) Deportation pursuant to a judicial order

An alien subject to a judicial order of deportation under section 3560 of title 18, United States Code, shall be deported consistent with section 242(h).

(a) Federal incarceration

Section 242 of the Immigration and Nationality Act (8 U.S.C. 1252) is amended by adding at the end the following:

(j)

(1)

The Attorney General shall take into the custody of the Federal Government, and shall incarcerate for a determinate sentence of imprisonment, a criminal alien described in paragraph (3) if—

(A)

the chief State official exercising authority with respect to the incarceration of the undocumented criminal alien submits a written request to the secretary;

(B)

the undocumented criminal is sentenced to a determinate term of imprisonment;

(C)

the State in which the official described in paragraph A exercises authority cooperates, and requires local governments or agencies in such State to cooperate, with Federal immigration authorities with respect to the identification, location, arrest, prosecution, detention, and deportation of aliens who are not lawfully present in the United States; and

(D)

adequate Federal facilities are available for the incarceration of the criminal alien.

(2)

Criminal aliens taken into the custody of the Attorney General under paragraph (1) may be deported under subsection (h)(2)(A).

(3)

An alien is described in this paragraph if the alien—

(A)

has been convicted of a felony and sentenced to a term of imprisonment, and

(B)

(i)

had entered the United States without inspection or at any time or place other than as designated by the Attorney General, or

(ii)

was the subject of exclusion or deportation proceedings at the time he or she was taken into custody by the State.

(a) False statement

Section 1542 of title 18, United States Code, is amended by striking fined not more than $2,000 or imprisoned not more than five years, or both and inserting fined under this title or imprisoned not more than 10 years, or both.

(b) Forgery

Section 1543 of title 18, United States Code, is amended by striking fined not more than $2,000 or imprisoned not more than five years, or both and inserting fined under this title or imprisoned not more than 10 years, or both.

(c) Misuse of passport

Section 1544 of title 18, United States Code, is amended by striking fined not more than $2,000 or imprisoned not more than five years, or both and inserting fined under this title or imprisoned not more than 10 years, or both.

(d) Safe conduct violation

Section 1545 of title 18, United States Code, is amended by striking fined not more than $2,000 or imprisoned not more than three years, or both and inserting fined under this title or imprisoned not more than 10 years, or both.

(e) Fraud and misuse of visas

Section 1546(a) of title 18, United States Code, is amended by striking fined not more than $2,000 or imprisoned not more than five years, or both and inserting fined under this title or imprisoned not more than 10 years, or both.

(a) Exclusion of criminal alien

Section 212(a)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(A)(i)) is amended by striking or at the end of subparagraph (I) and inserting the following new subparagraph prior to the phrase is excludable: or (III) any violation of any immigration law or any violation of any federal or State statute prohibiting fraud, including any statutes prohibiting income tax evasion.

(b) Exclusion reform

Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended by striking paragraph (c) and inserting the following as new paragraph (c):

(c)

Aliens lawfully admitted for permanent residence who temporarily proceeded abroad voluntarily and not under an order of deportation shall not be admitted if that alien is excludable under paragraph (a).

(a) Form of deportation hearings

The second sentence of section 242(b) of the Immigration and Nationality Act (8 U.S.C. 1252(b)) is amended by inserting before the period the following: ; except that nothing in this subsection shall preclude the Attorney General from authorizing proceedings by electronic or telephonic media (with or without the consent of the alien) or, where waived or agreed to by the parties, in the absence of the alien.

(b) Construction of expedited deportation requirements

No amendment made by this Act and nothing in section 242(i) of the Immigration and Nationality Act (8 U.S.C. 1252(i)), shall be construed to create any right or benefit, substantive or procedural, which is legally enforceable by any party against the United States, its agencies, its officers, or any other person.

(a) Direct federal financial benefits

Notwithstanding any other provision of law, no direct Federal financial benefit or social insurance benefit may be paid, conferred, or otherwise given, on or after the date of enactment of this Act, to any alien not lawfully admitted to the United States as a permanent resident or a refugee except pursuant to a provision of the Immigration and Nationality Act: Provided, however, That Federal reimbursement of emergency medical care provided to such an alien may be provided under such regulations as the Secretary of Health and Human Services may in his or her discretion prescribe.

(b) Unemployment benefits

No alien who has not been granted employment authorization pursuant to Federal law shall be eligible for unemployment compensation under an unemployment compensation law of a State or the United States.

(a) Work eligibility documents

Effective January 1, 2028, Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended by striking subparagraphs (A) through (D) of subsection (b)(1) and inserting:

(A) In general

The person or entity must attest, under penalty of perjury and on a form designated or established by the Attorney General by regulation, that it has verified that the individual is not an unauthorized alien by—

(i)

examining the document described in (B) in the case of an individual claiming to be a United States citizen, United States national,

(ii)

examining the document described in paragraph (C) in the case of an individual not claiming to be a United States citizen, a United States national, or a permanent resident alien, and

(iii)

reporting the individual's Social Security account number to the Social Security Administration through the telephone verification system established pursuant to section 602 of the Harry Reid Immigration Stabilization Act.

(B) Documents of citizens and nationals

The document described in this paragraph is an individual's Social Security account number card issued pursuant to section 601(c) of the Harry Reid Immigration Stabilization Act.

(C) Documents of aliens

The document described in this paragraph is an alien's identification card issued by the Immigration and Naturalization Service pursuant to section 601(b) of the Harry Reid Immigration Stabilization Act.

(b) Improvement of alien identity cards

(c) Improvement of social security cards

(d) Reasonable fee

The amount of the fee that is to be charged under subsections (b) and (c) shall be the amount (rounded to the nearest whole dollar), not exceeding $50, required to cover the costs of issuing the card.

(e) No other cards

No Social Security account number card or alien identification card shall be issued after June 30, 2027, whether as an original card or as a replacement, that does not satisfy the requirements of this section.

(f) Definitions

For purposes of this section—

(a) Social security database

By September 30, 2027, the Secretary of Health and Human Services shall make such modifications to the Social Security account number data base (NUMIDENT) as are practicable and enable confirmation through the telephone verification system described in subsection (d) that a Social Security account number has been issued to an individual identified by last name, sex, year of birth, and place of birth and that such individual is not known to the Secretary of Health and Human Services to be an alien not authorized to work in the United States. At a minimum the data base shall be modified to enable confirmation that a Social Security account number is not assigned to an individual authorized to work in the United States because the number—

The Attorney General shall provide such assistance as the Secretary of Health and Human Services may require to merge or otherwise make use of any data base of the Immigration and Naturalization Service for the purposes of this section.

(b) Exchange of information

The Attorney General shall notify the Secretary of Health and Human Services of the expiration of an alien's authorization to work in the United States not later than 14 calendar days after the date of expiration. The Secretary of Health and Human Services shall furnish the Attorney General with a list of any aliens for whom confirmation of work eligibility has been requested not later than 5 calendar days after such request. Such list shall include the telephone number from which the request was made and the employer identification number of the requester.

(c) Adult applicants

The Secretary of Health and Human Services shall furnish to the Attorney General a copy of any application (including supporting documentation) for a Social Security account number by an alien or by an individual over 16 years of age who claims to be a United States citizen or national and shall not issue a number before the earlier of the following dates:

(d) Telephone verification system

Before January 1, 2028, the Secretary of Health and Human Services shall test and place in operation a system whereby an employer can report by touch-tone telephone his employer identification number and the Social Security account number, last name, sex, year of birth, and place of birth of any individual who is to be employed and can receive immediate confirmation that the number was issued to the individual having that identity and that such person is not identified within the Social Security account number data base as an individual who is not a United States citizen, a United States national, or an alien authorized to work in the United States. The charge for each call will be sufficient to cover the costs of operating the system, except that it shall not exceed $2 plus any line charges payable to the telephone carrier. The system shall provide for access to a live operator if an entry is not accepted or confirmed, shall provide a verification code to the caller, shall create and maintain a record of each inquiry (including the telephone number of the requester) and its verification code for not less than two years, and shall accommodate devices that read the magnetic strip incorporated by a card issued under section 601.

(e) Abuse of system

The use of the telephone verification system established by subsection (d) by a person other than—

shall be punishable by a fine of not more than $1,000 per occurrence.

(A) In general

Section 273 of the Immigration and Nationality Act (8 U.S.C. 1323) is amended—

(b) Effective date

The amendment made by subsection (a)(4) shall take effect on January 1 of the second calendar year following the date of enactment of this Act.

(1)

if the offense involved five or more aliens in a single scheme or otherwise;

(2)

if the offense involved other criminal activity including, but not limited to, violations of the Controlled Substances Act, prostitution, importation of aliens for immoral purposes, trafficking in firearms, money laundering, illegal gang activities, kidnapping or ransom demands, fraudulent documents, or extortion;

(3)

if the offense involves smuggling of persons under the age of 18 years for the purposes of illegal adoption or of sexual or commercial exploitation;

(4)

if the offense involves the smuggling of known or suspected terrorists or persons involved in organized crime;

(5)

if the offense involves dangerous or inhumane treatment of the persons smuggled; or

(6)

if death or serious bodily harm occurs to persons smuggled.

(1)

by amending paragraph (1) to read as follows:

(1)

Any property, real or personal, which facilitates or is intended to facilitate, or which has been used in or is intended to be used in the commission of a violation of subsection (a) or of sections 274A(a)(1) or 274A(a)(2), or which constitutes or is derived from or traceable to the proceeds obtained directly or indirectly from a commission of a violation of subsection (a), shall be subject to seizure and forfeiture, except that—

(A)

no property, used by any person as a common carrier in the transaction of business as a common carrier shall be forfeited under the provisions of this section unless it shall appear that the owner or other person in charge of such property was a consenting party or privy to the illegal act;

(B)

no property shall be forfeited under the provisions of this section by reason of any act or omission established by the owner thereof to have been committed or omitted by any person other than such owner while such property was unlawfully in the possession of a person other than the owner in violation of the criminal laws of the United States or of any State; and

(C)

no property shall be forfeited under this paragraph to the extent of an interest of any owner, by reason of any act or omission established by that owner to have been committed or omitted without the knowledge or consent of the owner, unless such action or omission was committed by an employee or agent of the owner, and facilitated or was intended to facilitate, or was used in or intended to be used in, the commission of a violation of subsection (a) or of section 274A(a)(1) or 274A(a)(2) which was committed by the owner or which intended to further the business interests of the owner, or to confer any other benefit upon the owner.

(2)

by striking from paragraph (2)—

(3)

by striking from paragraphs (4) and (5) a conveyance and conveyance each place such phrase or word appears and inserting in lieu thereof property;

(4)

by striking from paragraph (4)—

(5)

by adding after paragraph (4)(E):

(E)

transfer custody and ownership of forfeited property to any Federal, State, or local agency pursuant to the Tariff Act of 1930, as amended (19 U.S.C. 1616a(c)).

(a)

Section 2516(1) of title 18, United States Code, is amended—

(b)

Section 2518(5) of title 18, United States Code, is amended by inserting (including personnel of a foreign government or of a State or subdivision of a State) after Government personnel.

(c)

Section 2510(7) of title 18, United States Code, is amended by inserting before the semicolon and additionally, for purposes of section 2517(1)–(2), any person authorized to perform investigative, law enforcement, or prosecutorial functions by a foreign government.