[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1459 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1459

 To amend the Immigration and Nationality Act to expand the definition 
 of ``aggravated felony'', to eliminate the administrative deportation 
hearing and review process for aliens convicted of aggravated felonies 
        who are not permanent residents, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 24, 1993

   Mr. McCollum (for himself, Mr. Moorhead, Mr. Smith of Texas, Mr. 
 Gallegly, and Mrs. Roukema) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Immigration and Nationality Act to expand the definition 
 of ``aggravated felony'', to eliminate the administrative deportation 
hearing and review process for aliens convicted of aggravated felonies 
        who are not permanent residents, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Criminal Aliens Deportation Act of 
1993''.

SEC. 2. EXPANSION IN DEFINITION OF ``AGGRAVATED FELONY''.

    (a) Expansion in Definition.--Section 101(a)(43) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(43)) is amended to read as 
follows:
            ``(43) The term `aggravated felony' means--
                    ``(A) murder;
                    ``(B) any illicit trafficking in any controlled 
                substance (as defined in section 102 of the Controlled 
                Substances Act), including any drug trafficking crime 
                as defined in section 924(c) of title 18, United States 
                Code;
                    ``(C) any illicit trafficking in any firearms or 
                destructive devices as defined in section 921 of title 
                18, United States Code, or in explosive materials as 
                defined in section 841(c) of title 18, United States 
                Code;
                    ``(D) any offense described in (i) section 1956 of 
                title 18, United States Code (relating to laundering of 
                monetary instruments) or (ii) section 1957 of such 
                title (relating to engaging in monetary transactions in 
                property derived from specific unlawful activity) if 
                the value of the funds exceeded $100,000;
                    ``(E) any offense described in--
                            ``(i) subsections (h) or (i) of section 
                        842, title 18, United States Code, or 
                        subsection (d), (e), (f), (g), (h), or (i) of 
                        section 844 of title 18, United States Code 
                        (relating to explosive materials offenses),
                            ``(ii) paragraph (1), (2), (3), (4), or (5) 
                        of section 922(g), or section 922(j), section 
                        922(n), section 922(o), section 922(p), section 
                        922(r), section 924(b), or section 924(h) of 
                        title 18, United States Code (relating to 
                        firearms offenses), or
                            ``(iii) section 5861 of title 26, United 
                        States Code (relating to firearms offenses);
                    ``(F) any crime of violence (as defined in section 
                16 of title 18, United States Code, not including a 
                purely political offense) for which the term of 
                imprisonment imposed (regardless of any suspension of 
                such imprisonment) is at least 5 years;
                    ``(G) any theft offense (including receipt of 
                stolen property) or any burglary offense, where a 
                sentence of 5 years imprisonment or more may be 
                imposed;
                    ``(H) any offense described in section 875, section 
                876, section 877, or section 1202 of title 18, United 
                States Code (relating to the demand for or receipt of 
                ransom);
                    ``(I) any offense described in section 2251, 
                section 2251A or section 2252 of title 18, United 
                States Code (relating to child pornography);
                    ``(J) any offense described in--
                            ``(i) section 1962 of title 18, United 
                        States Code (relating to racketeer influenced 
                        corrupt organizations), or
                            ``(ii) section 1084 (if it is a second or 
                        subsequent offense) or section 1955 of such 
                        title (relating to gambling offenses),
                where a sentence of 5 years imprisonment or more may be 
                imposed;
                    ``(K) any offense relating to commercial bribery, 
                counterfeiting, forgery or trafficking in vehicles 
                whose identification numbers have been altered, where a 
                sentence of 5 years imprisonment or more may be 
                imposed;
                    ``(L) any offense--
                            ``(i) relating to the owning, controlling, 
                        managing or supervising of a prostitution 
                        business,
                            ``(ii) described in section 2421, section 
                        2422, or section 2423 of title 18, United 
                        States Code (relating to transportation for the 
                        purpose of prostitution) for commercial 
                        advantage, or
                            ``(iii) described in sections 1581 through 
                        1585, or section 1588, of title 18, United 
                        States Code (relating to peonage, slavery, and 
                        involuntary servitude);
                    ``(M) any offense relating to perjury or 
                subornation of perjury where a sentence of 5 years 
                imprisonment or more may be imposed;
                    ``(N) any offense described in--
                            ``(i) section 793 (relating to gathering or 
                        transmitting national defense information), 
                        section 798 (relating to disclosure of 
                        classified information), section 2153 (relating 
                        to sabotage) or section 2381 or section 2382 
                        (relating to treason) of title 18, United 
                        States Code, or
                            ``(ii) section 421 of title 50, United 
                        States Code (relating to protecting the 
                        identity of undercover intelligence agents);
                    ``(O) any offense--
                            ``(i) involving fraud or deceit where the 
                        loss to the victim or victims exceeded 
                        $200,000; or
                            ``(ii) described in section 7201 of title 
                        26, United States Code (relating to tax 
                        evasion), where the tax loss to the Government 
                        exceeds $200,000;
                    ``(P) any offense described in section 274(a)(1) of 
                title 18, United States Code (relating to alien 
                smuggling) for the purpose of commercial advantage;
                    ``(Q) any violation of section 1546(a) of title 18, 
                United States Code (relating to document fraud), for 
                the purpose of commercial advantage; or
                    ``(R) any offense relating to failing to appear 
                before a court pursuant to a court order to answer to 
                or dispose of a charge of a felony, where a sentence of 
                2 years or more may be imposed;
        or any attempt or conspiracy to commit any such act. Such term 
        applies to offenses described in this paragraph whether in 
        violation of Federal or State law and applies to such offenses 
        in violation of the laws of a foreign country for which the 
        term of imprisonment was completed within the previous 15 
        years.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to all convictions entered before, on, or after the date of 
enactment of this Act.

SEC. 3. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS WHO ARE NOT 
              PERMANENT RESIDENTS.

    (a) Elimination of Administrative Hearing for Certain Criminal 
Aliens.--Section 242A of the Immigration and Nationality Act (8 U.S.C. 
1252a) is amended by adding at the end the following:
    ``(c) Deportation of Aliens Who Are Not Permanent Residents.--
            ``(1) Notwithstanding section 242, and subject to paragraph 
        (5), the Attorney General may issue a final order of 
        deportation against any alien described in paragraph (2) whom 
        the Attorney General determines to be deportable under section 
        241(a)(2)(A)(iii) (relating to conviction of an aggravated 
        felony).
            ``(2) An alien is described in this paragraph if the 
        alien--
                    ``(A) was not lawfully admitted for permanent 
                residence at the time that proceedings under this 
                section commenced, or
                    ``(B) had permanent resident status on a 
                conditional basis (as described in section 216) at the 
                time that proceedings under this section commenced.
            ``(3) The Attorney General may delegate the authority in 
        this section to the Commissioner or to any District Director of 
        the Service.
            ``(4) No alien described in this section shall be eligible 
        for--
                    ``(A) any relief from deportation that the Attorney 
                General may grant in his discretion, or
                    ``(B) relief under section 243(h).
            ``(5) The Attorney General may not execute any order 
        described in paragraph (1) until 14 calendar days have passed 
        from the date that such order was issued, in order that the 
        alien has an opportunity to apply for judicial review under 
        section 106.''.
    (b) Limited Judicial Review.--Section 106 of the Immigration and 
Nationality Act (8 U.S.C. 1105a) is amended--
            (1) in the first sentence of subsection (a), by inserting 
        ``or pursuant to section 242A'' after ``under section 242(b)'';
            (2) in subsection (a)(1) and subsection (a)(3), by 
        inserting ``(including an alien described in section 242A)'' 
        after ``aggravated felony''; and
            (3) by adding at the end the following new subsection:
    ``(d) Notwithstanding subsection (c), a petition for review or for 
habeas corpus on behalf of an alien described in section 242A(c) may 
only challenge whether the alien is in fact an alien described in such 
section, and no court shall have jurisdiction to review any other 
issue.''.
    (c) Technical and Conforming Changes.--Section 242A of the 
Immigration and Nationality Act (8 U.S.C. 1252a) is amended as follows:
            (1) In subsection (a)--
                    (A) by striking ``(a) In General.--'' and inserting 
                ``(b) Deportation of Permanent Resident Aliens.--(1) in 
                general.--''; and
                    (B) by inserting in the first sentence ``permanent 
                resident'' after ``correctional facilities for'';
            (2) In subsection (b)--
                    (A) by striking ``(b) Implementation.--'' and 
                inserting ``(2) implementation.--''; and
                    (B) by striking ``respect to an'' and inserting 
                ``respect to a permanent resident'';
            (3) By striking out subsection (c);
            (4) In subsection (d)--
                    (A) by striking ``(d) Expedited Proceedings.--(1)'' 
                and inserting ``(3) expedited proceedings.--(A)'';
                    (B) by inserting ``permanent resident'' after ``in 
                the case of any''; and
                    (C) by striking ``(2)'' and inserting ``(B)'';
            (5) In subsection (e)--
                    (A) by striking ``(e) Review.--(1)'' and inserting 
                ``(4) review.--(A)'';
                    (B) by striking the second sentence; and
                    (C) by striking ``(2)'' and inserting ``(B)''.
            (6) By inserting after the section heading the following 
        new subsection:
    ``(a) Presumption of Deportability.--An alien convicted of an 
aggravated felony shall be conclusively presumed to be deportable from 
the United States.''.
            (7) The heading of such section is amended to read as 
        follows:

 ``expedited deportation of aliens convicted of committing aggravated 
                              felonies''.

    (d) Effective Date.--The amendments made by this section shall 
apply to all aliens against whom deportation proceedings are initiated 
after the date of enactment of this Act.

SEC. 4. JUDICIAL DEPORTATION.

    (a) Judicial Deportation.--Section 242A of the Immigration and 
Nationality Act (8 U.S.C. 1252a) is amended by inserting at the end the 
following new subsection:
    ``(d) Judicial Deportation.--
            ``(1) Authority.--Notwithstanding any other provision of 
        this Act, a United States district court shall have 
        jurisdiction to enter a judicial order of deportation at the 
        time of sentencing against an alien whose criminal conviction 
        causes such alien to be deportable under section 
        241(a)(2)(A)(iii) (relating to conviction of an aggravated 
        felony), if such an order has been requested prior to 
        sentencing by the United States Attorney with the concurrence 
        of the Commissioner.
            ``(2) Procedure.--
                    ``(A) The United States Attorney shall provide 
                notice of intent to request judicial deportation 
                promptly after the entry in the record of an 
                adjudication of guilt or guilty plea. Such notice shall 
                be provided to the court, to the alien, and to the 
                alien's counsel of record.
                    ``(B) Notwithstanding section 242B, the United 
                States Attorney, with the concurrence of the 
                Commissioner, shall file at least 20 days prior to the 
                date set for sentencing a charge containing factual 
                allegations regarding the alienage of the defendant and 
                satisfaction by the defendant of the definition of 
                aggravated felony.
                    ``(C) If the court determines that the defendant 
                has presented substantial evidence to establish prima 
                facie eligibility for relief from deportation under 
                section 212(c), the Commissioner shall provide the 
                court with a recommendation and report regarding the 
                alien's eligibility for relief under such section. The 
                court shall either grant or deny the relief sought.
                    ``(D)(i) The alien shall have a reasonable 
                opportunity to examine the evidence against him or her, 
                to present evidence on his or her own behalf, and to 
                cross-examine witnesses presented by the Government.
                    ``(ii) The court, for the purposes of determining 
                whether to enter an order described in paragraph (1), 
                shall only consider evidence that would be admissible 
                in proceedings conducted pursuant to section 242(b).
                    ``(iii) Nothing in this subsection shall limit the 
                information a court of the United States may receive or 
                consider for the purposes of imposing an appropriate 
                sentence.
                    ``(iv) The court may order the alien deported if 
                the Attorney General demonstrates by clear and 
                convincing evidence that the alien is deportable under 
                this Act.
            ``(3) Notice, appeal, and execution of judicial order of 
        deportation.--
                    ``(A)(i) A judicial order of deportation or denial 
                of such order may be appealed by either party to the 
                court of appeals for the circuit in which the district 
                court is located.
                    ``(ii) Except as provided in clause (iii), such 
                appeal shall be considered consistent with the 
                requirements described in section 106.
                    ``(iii) Upon execution by the defendant of a valid 
                waiver of the right to appeal the conviction on which 
                the order of deportation is based, the expiration of 
                the period described in section 106(a)(1), or the final 
                dismissal of an appeal from such conviction, the order 
                of deportation shall become final and shall be executed 
                at the end of the prison term in accordance with the 
                terms of the order.
                    ``(B) As soon as is practicable after entry of a 
                judicial order of deportation, the Commissioner shall 
                provide the defendant with written notice of the order 
                or deportation, which shall designate the defendant's 
                country of choice for deportation and any alternate 
                country pursuant to section 243(a).
            ``(4) Denial of judicial order.--Denial of a request for a 
        judicial order of deportation shall not preclude the Attorney 
        General from initiating deportation proceedings pursuant to 
        section 242 upon the same ground of deportability or upon any 
        other ground of deportability provided under section 241(a).''.
    (b) Technical and Conforming Changes.--The ninth sentence of 
section 242(b) of the Immigration and Nationality Act (8 U.S.C. 
1252(b)) is amended by striking out ``The'' and inserting in lieu 
thereof, ``Except as provided in section 242A(d), the''.
    (c) Effective Date.--The amendments made by this section shall 
apply to all aliens whose adjudication of guilt or guilty plea is 
entered in the record after the date of enactment of this Act.

SEC. 5. RESTRICTING DEFENSES TO DEPORTATION FOR CERTAIN CRIMINAL 
              ALIENS.

    (a) Defenses Based on Seven Years of Permanent Residence.--The last 
sentence of section 212(c) of the Immigration and Nationality Act (8 
U.S.C. 1182(c)) is amended by striking out ``has served for such felony 
or felonies'' and all that follows through the period and inserting in 
lieu thereof ``has been sentenced for such felony or felonies to a term 
of imprisonment of at least 5 years, provided that the time for 
appealing such conviction or sentence has expired and the sentence has 
become final.''.
    (b) Defenses Based on Withholding of Deportation.--Section 
243(h)(2) of the Immigration and Nationality Act (8 U.S.C. 1253(h)(2)) 
is amended by--
            (1) striking out the final sentence and inserting in lieu 
        thereof the following new subparagraph:
                    ``(E) the alien has been convicted of an aggravated 
                felony.''; and
            (2) striking out the ``or'' at the end of subparagraph (C) 
        and inserting ``or'' at the end of subparagraph (D).

SEC. 6. ENHANCING PENALTIES FOR FAILING TO DEPART, OR REENTERING, AFTER 
              FINAL ORDER OF DEPORTATION.

    (a) Failure to Depart.--Section 242(e) of the Immigration and 
Nationality Act (8 U.S.C. 1252(e)) is amended--
            (1) by striking out ``paragraph (2), (3), or 4 of'' the 
        first time it appears, and
            (2) by striking out ``shall be imprisoned not more than ten 
        years'' and inserting in lieu thereof, ``shall be imprisoned 
        not more than two years, or shall be imprisoned not more than 
        ten years if the alien is a member of any of the classes 
        described in paragraph (2), (3), or (4) of section 241(a).''.
    (b) Reentry.--Section 276(b) of the Immigration and Nationality Act 
(8 U.S.C. 1326(b)) is amended--
            (1) in paragraph (1), by (A) inserting after ``commission 
        of'' the following: ``three or more misdemeanors or'', and (B) 
        striking out ``5'' and inserting in lieu thereof ``10'',
            (2) in paragraph (2), by striking out ``15'' and inserting 
        in lieu thereof ``20'', and
            (3) by adding at the end the following sentence:
    ``For the purposes of this subsection, the term `deportation' shall 
include any agreement where an alien stipulates to deportation during a 
criminal trial under either Federal or State law.''.
    (c) Collateral Attacks on Underlying Deportation Order.--Section 
276 of the Immigration and Nationality Act (8 U.S.C. 1326) is amended 
by inserting after subsection (b) the following new subsection:
    ``(c) In any criminal proceeding under this section, no alien may 
challenge the validity of the deportation order described in subsection 
(a)(1) or subsection (b) unless the alien demonstrates--
            ``(1) that the alien exhausted the administrative remedies 
        (if any) that may have been available to seek relief against 
        such order,
            ``(2) that the deportation proceedings at which such order 
        was issued improperly deprived the alien of the opportunity for 
        judicial review, and
            ``(3) that the entry of such order was fundamentally 
        unfair.''.

SEC. 7. EXPANDED FORFEITURE FOR SMUGGLING OR HARBORING ILLEGAL ALIENS.

    Subsection 274(b) of the Immigration and Nationality Act (8 U.S.C. 
1324(b)) is amended--
            (1) by amending paragraph (1) to read as follows:
    ``(b) Seizure and Forfeiture.--(1) Any property, real or personal, 
which facilitates or is intended to facilitate, or which has been used 
in or is intended to be used in the commission of a violation of 
subsection (a) or of sections 274A(a)(1) or 274A(a)(2), or which 
constitutes or is derived from or traceable to the proceeds obtained 
directly or indirectly from a commission of a violation of subsection 
(a), shall be subject to seizure and forfeiture, except that--
            ``(A) no property, used by any person as a common carrier 
        in the transaction of business as a common carrier shall be 
        forfeited under the provisions of this section unless it shall 
        appear that the owner or other person in charge of such 
        property was a consenting party or privy to the illegal act;
            ``(B) no property shall be forfeited under the provisions 
        of this section by reason of any act or omission established by 
        the owner thereof to have been committed or omitted by any 
        person other than such owner while such property was unlawfully 
        in the possession of a person other than the owner in violation 
        of the criminal laws of the United States or of any State; and
            ``(C) no property shall be forfeited under this paragraph 
        to the extent of an interest of any owner, by reason of any act 
        or omission established by that owner to have been committed or 
        omitted without the knowledge or consent of the owner, unless 
        such action or omission was committed by an employee or agent 
        of the owner, and facilitated or was intended to facilitate, or 
        was used in or intended to be used in, the commission of a 
        violation of subsection (a) or of section 274A(a)(1) or 
        274A(a)(2) which was committed by the owner or which intended 
        to further the business interests of the owner, or to confer 
        any other benefit upon the owner.''.
            (2) in paragraph (2)--
                    (A) by striking ``conveyance'' both places it 
                appears and inserting in lieu thereof ``property''; and
                    (B) by striking ``is being used in'' and inserting 
                in lieu thereof ``is being used in, is facilitating, 
                has facilitated, or was intended to facilitate'';
            (3) in paragraphs (4) and (5) by striking ``a conveyance'' 
        and ``conveyance'' each place such phrase or word appears and 
        inserting in lieu thereof ``property''; and
            (4) in paragraph (4) by--
                    (A) striking ``or'' at the end of subparagraph (C),
                    (B) by striking the period at the end of 
                subparagraph (D) and inserting ``; or'', and
                    (C) by inserting at the end the following new 
                subparagraph:
                    ``(E) transfer custody and ownership of forfeited 
                property to any Federal, State, or local agency 
                pursuant to the Tariff Act of 1930, as amended (19 
                U.S.C. 1616a(c)).''.

SEC. 8. MISCELLANEOUS AND TECHNICAL CHANGES.

    (a) Form of Deportation Hearings.--The second sentence of section 
242(b) of the Immigration and Nationality Act (8 U.S.C. 1252(b)) is 
amended by inserting before the period the following: ``; except that 
nothing in this subsection shall preclude the Attorney General from 
authorizing proceedings by electronic or telephonic media (with or 
without the consent of the alien) or, where waived or agreed to by the 
parties, in the absence of the alien.''.
    (b) Construction of Expedited Deportation Requirements.-- No 
amendment made by this Act and nothing in section 242(i) of the 
Immigration and Nationality Act (8 U.S.C. 1252(i)), shall be construed 
to create any right or benefit, substantive or procedural, which is 
legally enforceable by any party against the United States, its 
agencies, its officers or any other person.

                                 <all>

HR 1459 IH----2