; (4) who has been convicted of three or more misdemeanor offenses arising out of not less than 3 separate incidents, other than minor traffic offenses or State or local offenses for which an essential element was the alien's immigration status; or (5) who has been convicted of a misdemeanor which is an offense of domestic violence, sexual abuse or exploitation, burglary, unlawful possession or use of a firearm, drug distribution or trafficking, driving under the influence, or any other misdemeanor offense for which the individual was sentenced to a term of imprisonment of 90 days or more (not including a suspended sentence). 542. None of the funds, resources, or fees made available to the Secretary of Homeland Security, or to any other official of a Federal agency, by this Act or any other Act for any fiscal year, including any deposits into the ‘‘Immigration Examinations Fee Account’’ established under section 286(m) of the Immigration and Nationality Act ( 8 U.S.C. 1356(m) ), may be used to implement, administer, enforce, or carry out (including through the issuance of any regulations) any of the policy changes set forth in U.S. Citizenship and Immigration Services Policy Memo 602–0162, dated July 11, 2018, or the memorandum from the Principal Legal Advisor on Litigating Domestic Violence-Based Persecution Claims Following Matter of A-B-, dated July 11, 2018. 543. (a) Except as provided in subsection (b), none of the funds made available in this Act may be used to place restraints on a woman in the custody of the Department of Homeland Security (including during transport, in a detention facility, or at an outside medical facility) who is pregnant or in post-delivery recuperation. (b) Subsection (a) shall not apply with respect to a pregnant woman if— (1) an appropriate official of the Department of Homeland Security makes an individualized determination that the woman— (A) is a serious flight risk, and such risk cannot be prevented by other means