Sec. 5. Unavailability of certain immigration benefits to aliens identified in terrorist screening database

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Section 208(b)(2)(A)(v) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(2)(A)(v) ) is amended by striking or

(VI)and inserting (VI), or

(IX). Section 241(b)(3)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1231(b)(3)(B) ) is amended, in the matter preceding clause (i), by inserting inadmissible under section 212(a)(3)(B)(i)(IX) or deportable under section 237(a)(4)(B) as a consequence of being described in section 212(a)(3)(B)(i)(IX), or after does not apply to an alien . Section 240A(a) of the Immigration and Nationality Act ( 8 U.S.C. 1229b(a) ) is amended, in the matter preceding paragraph (1), by striking inadmissible or deportable and inserting inadmissible (except an alien who is inadmissible under section 212(a)(3)(B)(i)(IX)) or deportable (except an alien who is deportable under section 237(a)(4)(B) as a consequence of being described in section 212(a)(3)(B)(i)(IX)) . Section 240A(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1229b(b)(1) ) is amended, in the matter preceding subparagraph (A), by striking inadmissible or deportable and inserting inadmissible (except an alien who is inadmissible under section 212(a)(3)(B)(i)(IX)) or deportable (except an alien who is deportable under section 237(a)(4)(B) as a consequence of being described in section 212(a)(3)(B)(i)(IX)) . Section 240B(c) of the Immigration and Nationality Act ( 8 U.S.C. 1229c(c) ) is amended to read as follows: The Secretary of Homeland Security shall not permit an alien to depart voluntarily under this section if the alien— was previously permitted to so depart after having been found inadmissible under section 212(a)(6)(A); or is inadmissible under section 212(a)(3)(B)(i)(IX) or deportable under section 237(a)(4)(B) as a consequence of being described in section 212(a)(3)(B)(i)(IX). . Section 245 of the Immigration and Nationality Act ( 8 U.S.C. 1255 ) is amended— in subsection (c), by striking item

(6)and inserting

(6)an alien who is inadmissible under section 212(a)(3)(B)(i)(IX) or deportable under section 237(a)(4)(B); ; and in subsection (m)(1), in the matter preceding subparagraph (A), by striking 212(a)(3)(E), and inserting subparagraph (B)(i)(IX) or

(E)of section 212(a)(3) or section 237(a)(4)(B) as a consequence of being described in section 212(a)(3)(B)(i)(IX), . Section 249 of the Immigration and Nationality Act ( 8 U.S.C. 1259 ) is amended— by striking Attorney General each place such term appears and inserting Secretary of Homeland Security ; and by striking inadmissible under section 212(a)(3)(E) or under and inserting inadmissible under section 212(a)(3)(B)(i)(IX) or

(E)or deportable from the United States under section 237(a)(4)(B) as a consequence of being described in section 212(a)(3)(B)(i)(IX) or under . Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall revise the regulations found at sections 208.16 through 208.18 of title 8, Code of Federal Regulations, implementing the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment, done at New York on December 10, 1984. The revised regulations— shall exclude from the protection of such regulations aliens described in section 212(a)(3)(B)(i)(IX) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B)(i)(IX) ) and make such aliens ineligible for withholding or deferral of removal under the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(17) )); and shall ensure that the revised regulations operate so as to allow for the reopening and readjudication of determinations made under the regulations before the effective date of the revision and apply to acts and conditions constituting grounds of ineligibility for the protection of such regulations (including ineligibility for withholding or deferral of removal) as revised, regardless of when such acts or conditions occurred.

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Sec. 5

Unavailability of certain immigration benefits to aliens identified in terrorist screening database

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