Sec. 503. Expedited removal for aliens inadmissible on criminal or security grounds

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Section 238 of the Immigration and Nationality Act ( 8 U.S.C. 1228 ) is amended— by adding at the end of the section heading the following: ; or who are subject to terrorism-related grounds for removal in subsection (b)— in paragraph (1)— by striking Attorney General and inserting Secretary of Homeland Security in the exercise of discretion ; and by striking set forth in this subsection or and inserting set forth in this subsection, in lieu of removal proceedings under ; in paragraphs

(3)and (4), by striking Attorney General each place the term appears and inserting Secretary of Homeland Security ; in paragraph (5)— by striking described in this section and inserting described in paragraph

(1)or

(2); and by striking the Attorney General may grant in the Attorney General’s discretion. and inserting the Secretary of Homeland Security or the Attorney General may grant, in the discretion of the Secretary or the Attorney General, in any proceeding. ; by redesignating paragraphs (3), (4), and

(5)as paragraphs (4), (5), and

(6)respectively; and by inserting after paragraph

(2)the following: The Secretary of Homeland Security, in the exercise of discretion, may determine inadmissibility under section 212(a)(2) and issue an order of removal pursuant to the procedures set forth in this subsection, in lieu of removal proceedings under section 240, with respect to an alien who— has not been admitted or paroled; has not been found to have a credible fear of persecution pursuant to the procedures set forth in 235(b)(1)(B); and is not eligible for a waiver of inadmissibility or relief from removal. ; and by redesignating the first subsection

(c)as subsection (d); by redesignating the second subsection

(c)(as so designated by section 617(b)(13) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 ; 110 Stat. 3009–720)) as subsection (e); and by inserting after subsection

(b)the following: The Secretary of Homeland Security— shall, notwithstanding section 240, in the case of every alien, determine the inadmissibility of the alien under subclause (I), (II), or

(III)of section 212(a)(3)(B)(i), or the deportability of the alien under section 237(a)(4)(B) as consequence of being described in one of such subclauses, and issue an order of removal pursuant to the procedures set forth in this subsection to every alien determined to be inadmissible or deportable on such a ground; and may, in the case of any alien, determine the inadmissibility of the alien under subparagraph

(A)or

(B)of section 212(a)(3) (other than subclauses (I), (II), and

(III)of section 212(a)(3)(B)), or the deportability of the alien under subparagraph

(A)or

(B)of section 237(a)(4) (as a consequence of being described in subclause (I), (II), or

(III)of section 212(a)(3)(B)), and issue an order of removal pursuant to the procedures set forth in this subsection or section 240 to every alien determined to be inadmissible or deportable on such a ground. The Secretary of Homeland Security may not execute any order described in paragraph

(1)until 30 calendar days have passed from the date that such order was issued, unless waived by the alien, in order that the alien has an opportunity to apply petition for judicial review under section 242. Proceedings before the Secretary of Homeland Security under this subsection shall be in accordance with such regulations as the Secretary shall prescribe. The Secretary shall provide that— the alien is given reasonable notice of the charges and of the opportunity described in subparagraph (C); the alien shall have 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; the alien has a reasonable opportunity to inspect the evidence and rebut the charges; a determination is made on the record that the individual upon whom the notice for the proceeding under this section is served (either in person or by mail) is, in fact, the alien named in such notice; a record is maintained for judicial review; and the final order of removal is not adjudicated by the same person who issues the charges. No alien described in this subsection shall be eligible for any relief from removal that the Secretary of Homeland Security may grant in the Secretary’s discretion. . The table of contents of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.) is amended by striking the item relating to section 238 and inserting the following: Sec. 238. Expedited removal of aliens convicted of aggravated felonies or who are subject to terrorism-related grounds for removal. . The amendments made by this section shall take effect on the date of the enactment of this Act but shall not apply to aliens who are in removal proceedings under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ) on such date.

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