[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4054 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4054

 To provide for Federal incarceration of undocumented criminal aliens.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 16, 1994

   Mr. Becerra (for himself, Mr. Beilenson, Mr. Berman, Mr. Farr of 
 California, Mr. Filner, Mr. Martinez, Ms. Roybal-Allard, Mr. Torres, 
  Mr. Dellums, Mr. Fazio, Mr. Dixon, Mr. Serrano, Ms. Velazquez, Mr. 
   Pastor, and Mr. Inslee) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To provide for Federal incarceration of undocumented criminal aliens.

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

SECTION 1. FEDERAL INCARCERATION OF UNDOCUMENTED CRIMINAL ALIENS.

    (a) Federal Incarceration.--Section 242 of the Immigration and 
Nationality Act (8 U.S.C. 1252) is amended by adding at the end the 
following:
    ``(j) Federal Incarceration.--
            ``(1) Subject to paragraph (2), the Attorney General shall 
        take into the custody of the Federal Government, and shall 
        incarcerate for a determinate sentence of imprisonment, an 
        undocumented criminal alien if--
                    ``(A) the chief official of the State (or, if 
                appropriate, a political subdivision of the State) 
                exercising authority with respect to the incarceration 
                of the undocumented criminal alien submits a written 
                request to the Attorney General; and
                    ``(B) the undocumented criminal alien is sentenced 
                to a determinate term of imprisonment.
            ``(2)(A) If the Attorney General determines that adequate 
        Federal facilities are not available for the incarceration of 
        an undocumented criminal alien under paragraph (1), the 
        Attorney General shall enter into a contractual arrangement 
        which provides for compensation to the State or a political 
        subdivision of the State, as may be appropriate, with respect 
        to the incarceration of such undocumented criminal alien for 
        such determinate sentence of imprisonment.
            ``(B) Compensation under subparagraph (A) shall be 
        determined by the Attorney General and may not exceed the 
        median cost of incarceration of a prisoner in all maximum 
        security facilities in the United States as determined by the 
        Bureau of Justice Statistics.
            ``(3) For purposes of this subsection, the term 
        `undocumented criminal alien' means an alien who--
                    ``(A) has been convicted of a felony and sentenced 
                to a term of imprisonment, and
                    ``(B)(i) entered the United States without 
                inspection or at any time or place other than as 
                designated by the Attorney General,
                    ``(ii) was the subject of exclusion or deportation 
                proceedings at the time he or she was taken into 
                custody by the State or a political subdivision of the 
                State, or
                    ``(iii) was admitted as a nonimmigrant and at the 
                time he or she was taken into custody by the State or a 
                political subdivision of the State has failed to 
                maintain the nonimmigrant status in which the alien was 
                admitted or to which it was changed under section 248, 
                or to comply with the conditions of any such status.''.
            ``(4)(A) In carrying out this subsection, the Attorney 
        General shall give priority to the Federal incarceration of 
        undocumented criminal aliens who have committed aggravated 
        felonies.
            ``(B) The Attorney General shall ensure that undocumented 
        criminal aliens incarcerated in Federal facilities pursuant to 
        this subsection are held in facilities which provide a level of 
        security appropriate to the crimes for which they were 
        convicted.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect October 1, 1994.

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