SEC. _. IMMIGRATION ENFORCEMENT IMPROVEMENTS. (a) VISA EXIT TRACKING SYSTEM."In addition tothe border security and other measures described in paragraphs
(1) through (6) of section 1(a), the certificationrequired under section 1(a) shall include a statement thatthe Secretary of Homeland Security has established anddeployed a system capable of recording the departure ofaliens admitted under section 101(a)(15)(Y) of the Immigrationand Nationality Act at designated ports of entryor designated United States consulates abroad.
(b) PROMPT REMOVAL PROCEEDINGS."Subject tothe availability of appropriations, the Secretary of HomelandSecurity shall promptly identify, investigate, and initiateremoval proceedings against every alien admittedinto the United States under subparagraph (B) (admittedunder the terms and conditions of section 214(s)), (H)(ii)
(as amended by title IV), or (Y) of section 101(a)(15) ofthe Immigration and Nationality Act, and who exceeds thealien's period of authorized admission or otherwise violatesany terms of the alien's nonimmigrant status. In conductingsuch removal proceedings, the Secretary shall givepriority to aliens who may pose a threat to the nationalsecurity, and those convicted of criminal offenses.
(c) REPORT TO GOVERNORS."
(1) IN GENERAL."Not later than 90 days beforethe Secretary of Homeland Security submits a.written certification under section 1(a), the Secretaryshall submit a report to the governors of theStates that share a land border with Mexico that"
(A) describes the progress made in establishing,funding, and implementing the bordersecurity and other measures described in subsection
(a) and section 1(a); and
(B) indicates the date on which the Secretaryintends to submit a written certificationunder subsection (a) and section 1(a).
(2) GOVERNOR'S RESPONSE."Not later thandays after receiving a report from the Secretaryunder paragraph (1), a governor may submit a reportto Congress that"
(A) analyzes the accuracy of the informationreceived by the Secretary;
(B) indicates whether the governor agreeswith the Secretary that the border security andother measures described in subsection (a) andsection 1(a) will be established, funded, andoperational before the Secretary's certificationis submitted; and
(C) makes recommendations regarding newborder enforcement policies, strategies, and additionalprograms needed to secure the border..
(3) CONSULTATION."The Secretary shall consultwith any governor who submits a report undersubsection (2) before submitting written certificationunder section 1(a).
(d) SMUGGLING INVESTIGATORS AND ICE PERSONNEL."
(1) INCREASE IN FULL-TIME UNITED STATESIMMIGRATION AND CUSTOMS ENFORCEMENT PER-SONNEL."In each of the fiscal years 2008 through2012, the Secretary of Homeland Security shall,subject to the availability of appropriations, increaseby not less than 1,250 the number of positions forfull-time active duty forensic auditors, intelligenceresearch specialists, agents, officers, and investigatorsin United States Immigration and Customs Enforcement"
(A) to carry out the removal of aliens whoare not admissible to, or are subject to removalfrom, the United States;
(B) to investigate immigration fraud; and
(C) to enforce workplace violations.
(2) AUTHORIZATION OF APPROPRIATIONS."There are authorized to be appropriated such sumsas may be necessary to carry out this subsection..
(3) CONFORMING AMENDMENT."Section 5203of the Intelligence Reform and Terrorism ProtectionAct of 2004 (Public Law 108-458; 118 Stat. 3734) is repealed.
(e) COLLECTION OF BIOMETRIC DATA FROM ALIENSENTERING AND DEPARTING THE UNITED STATES."Sectionof the Immigration and Nationality Act, asamended by section 111(a), is further amended"
(1) by redesignating subsections (d), (e), (f),and (g) as subsections (e), (f), (g), and (h), respectively;and
(2) by striking subsection (c), as added by section111(a)(3), and inserting the following:''(c) COLLECTION OF BIOMETRIC DATA FROMALIENS ENTERING AND DEPARTING THE UNITEDSTATES."The Secretary of Homeland Security shall requirean alien entering and departing the United Statesto provide biometric data and other information relatingto the alien's immigration status.''(d) COLLECTION OF DEPARTURE DATA FROM CERTAINNONIMMIGRANTS."''(1) IN GENERAL."The Secretary of HomelandSecurity shall require an alien who was admitted tothe United States under subparagraph (B) (underthe terms and conditions of section 214(s)), (H)(ii),.or (Y) of section 101(a)(15) to record the alien's departureat a designated port of entry or at a designatedUnited States consulate abroad.''(2) FAILURE TO RECORD DEPARTURE."If analien does not record the alien's departure as requiredunder paragraph (1), the Secretary, not laterthan 48 hours after the expiration of the alien's periodof authorized admission, shall enter the name ofthe alien into a database of the Department ofHomeland Security as having overstayed the alien'speriod of authorized admission.''(3) INFORMATION SHARING WITH LAW ENFORCEMENTAGENCIES."Consistent with the authorityof State and local police to assist the FederalGovernment in the enforcement of Federal immigrationlaws, the information in the database describedin paragraph (2) shall be made available to Stateand local law enforcement agencies pursuant to theprovisions of section 240D.''.
(f) EFFECTIVE DATE OF AGGRAVATED FELONY SECTION."
(1) IN GENERAL."Notwithstanding section203(b), and except as provided under paragraph (2),the amendments made by section 203(a) shall".
(A) take effect on the date of the enactmentof this Act; and
(B) apply to any conviction that occurredon or after the date of the enactment of thisAct.
(2) APPLICATION WITH RESPECT TO CONVICTIONSFOR SEXUAL ABUSE OF A MINOR."Notwithstandingparagraph (1), the amendment made bysection 203(a)(2) related to the sexual abuse of aminor shall apply to any conviction for sexual abuseof a minor that occurred before, on, or after the dateof the enactment of this Act.
(3) APPLICATION OF IIRAIRA AMENDMENTS."In accordance with section 203(b)(2) of this Act, theamendments to section 101(a)(43) of the Immigrationand Nationality Act made by section 321 of theIllegal Immigration Reform and Immigrant ResponsibilityAct of 1996 (division C of Public Law 104-208; 11 Stat. 3009-627) shall continue to apply,whether the conviction was entered before, on, orafter September 30, 1996.
(g) INCREASED CRIMINAL PENALTIES RELATED TODRUNK DRIVING."
(1) INADMISSIBILITY."Section 212(a)(2)(K) ofthe Immigration and Nationality Act, as added by.section 205(a)(1), is amended by inserting ''or 2convictions for driving under the influence underFederal or State law,'' after ''imprisonment,''.
(2) DEPORTABILITY."Section 237(a)(2)(F) ofthe Immigration and Nationality Act, as added bysection 205(a)(2), is amended by inserting ''or 2convictions for driving under the influence underFederal or State law,'' after ''imprisonment,''.
(h) DEFINITION OF CRIMINAL GANG."Section101(a)(52)(B)(iv) of the Immigration and Nationality Act,as added by section 204(a), is amended by striking ''whichis punishable by a sentence of imprisonment of 5 yearsor more,''.
(i) ALIENS ASSOCIATED WITH CRIMINAL GANGS."
(1) INADMISSIBILITY."Section 212(a)(2)(F) ofthe Immigration and Nationality Act, as added bysection 204(b), is amended to read as follows:''(F) ALIENS ASSOCIATED WITH CRIMINALGANGS."''(i) IN GENERAL."An alien is inadmissibleif"''(I) a consular officer, the Secretaryof Homeland Security, or theAttorney General knows, or has rea.son to believe, that the alien is amember of a criminal gang; or''(II) a consular officer, the Secretaryof Homeland Security, or theAttorney General knows or has reasonto believe that the alien has participatedin the activities of a criminalgang, knowing or having reason toknow that such activities would promote,further, aid, or support the illegalactivity of the criminal gang.''(ii) WAIVER."The Secretary ofHomeland Security or the Attorney Generalmay, in the discretion of the Secretaryor the Attorney General, as appropriate,waive an alien's inadmissibility underclause (i).''.
(2) DEPORTABILITY."Section 237(a)(2) of theImmigration and Nationality Act, as added by section204(c), is amended to read as follows:''(F) ALIENS ASSOCIATED WITH CRIMINALGANGS."''(i) IN GENERAL."An alien is deportableif".''(I) there is a preponderance ofthe evidence to believe the alien is amember of a criminal gang; or''(II) there is reasonable groundto believe the alien has participated inthe activities of a criminal gang,knowing or having reason to knowthat such activities would promote,further, aid, or support the illegal activityof the criminal gang.''(ii) WAIVER."The Secretary ofHomeland Security or the Attorney Generalmay, in the discretion of the Secretaryor the Attorney General, as appropriate,waive an alien's deportability under clause
(i).''.
(j) TEMPORARY PROTECTED STATUS."Section244(c)(2)(B) of the Immigration and Nationality Act, asamended by section 204(d), is further amended"
(1) in clause (ii), by striking ''or'' at the endand inserting a semicolon;
(2) in clause (iii), by striking the period at theend and inserting ''; or''; and
(3) by adding at the end the following:.''(iv) the alien is a member of a criminalgang.''.
(k) EFFECTIVE DATE."Notwithstanding any otherprovision of this Act, the amendments made by subsections
(i) and (j) of this section and subsections (b), (c),and (d) of section 204 shall apply to"
(1) all aliens required to establish admissibilityon or after such date of enactment; and
(2) all aliens in removal, deportation, or exclusionproceedings that are filed, pending, or reopened,on or after such date of enactment.
(l) DETENTION PENDING DEPORTATION OF ALIENSWHO OVERSTAY."Section 236 of the Immigration andNationality Act (8 U.S.C. 1226)is amended"
(1) by redesignating subsection (e) as subsection
(f); and
(2) by inserting after subsection (d) the following:''(e) DETENTION OF ALIENS WHO EXCEED THEALIEN'S PERIOD OF AUTHORIZED ADMISSION."''(1) CUSTODY."An alien shall be arrested anddetained by the Secretary of Homeland Securitypending a decision on whether the alien is to be removedfrom the United States for willfully exceed.-ing, by 60 days or more, the period of the alien's authorizedadmission or parole into the United States.''(2) WAIVER."The Secretary of Homeland Securitymay waive the application of paragraph (1) ifthe Secretary determines that the alien exceeded thealien's period of authorized admission or parole as aresult of exceptional circumstances beyond the controlof the alien.''.
