Sec. 302. Precluding admissibility of aliens convicted of aggravated felonies or other serious offenses
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Section 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 ) is amended— in subsection (a)(2)(A)(i)— in subclause (I), by striking or at the end; in subclause (II), by adding or at the end; and by inserting after subclause
(II)the following: a violation of (or a conspiracy or attempt to violate) an offense described in section 408 of title 42, United States Code (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 documents, authentication features, and information), ; by adding at the end of subsection (a)(2) the following: Any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of, a violation of, or an attempt or a conspiracy to violate, subsection
(a)or
(b)of section 1425 of title 18, United States Code (relating to the procurement of citizenship or naturalization unlawfully) is inadmissible. 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. Any alien who has been convicted of an aggravated felony at any time is inadmissible. 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. 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. The waiver authority available under section 237(a)(7) with respect to section 237(a)(2)(E)(i) shall be available on a comparable basis with respect to this subparagraph. ; and in subsection (h)— 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 the discretion of the Attorney General or the Secretary, waive the application of subparagraphs (A)(i)(I), (III), (B), (D), (E), or
(M)of subsection (a)(2) ; by striking a criminal act involving torture. and inserting a criminal act involving torture, or has been convicted of an aggravated felony. ; by striking if either since the date of such admission the alien has been convicted of an aggravated felony or the alien and inserting if since the date of such admission the alien ; and by inserting or Secretary of Homeland Security after the Attorney General each place it appears. Section 237(a)(3)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a)(3)(B) ) is amended— in clause (ii), by striking or at the end; in clause (iii), by inserting or at the end; and by inserting after clause
(iii)the following: of a violation of, or an attempt or a conspiracy to violate, section 1425(a) or
(b)of title 18 (relating to the procurement of citizenship or naturalization unlawfully), . Section 237(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a)(2) ) is amended by adding at the end the following: Any alien who at any time after admission has been convicted of a violation of (or a conspiracy or attempt to violate) 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) is deportable. . The amendments made by this section shall apply— to any act that occurred before, on, or after the date of the enactment of this Act; and to all aliens who are required to establish admissibility on or after such date, and in all removal, deportation, or exclusion proceedings that are filed, pending, or reopened, on or after such date. 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 where such eligibility did not exist before these amendments became effective.
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Sec. 302
Precluding admissibility of aliens convicted of aggravated felonies or other serious offenses
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