[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2480 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2480

To amend the Immigration and Nationality Act to add provisions relating 
 to the treatment of criminal aliens under the immigration laws of the 
                 United States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 29 (legislative day, September 12), 1994

  Mr. Simpson introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend the Immigration and Nationality Act to add provisions relating 
 to the treatment of criminal aliens under the immigration laws of the 
                 United States, 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. EXPANSION OF DEFINITION OF AGGRAVATED FELONY.

    (a) Expansion of 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) illicit trafficking in a controlled substance 
                (as defined in section 102 of the Controlled Substances 
                Act), including a drug trafficking crime (as defined in 
                section 924(c) of title 18, United States Code);
                    ``(C) illicit trafficking in 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 that title);
                    ``(D) an offense described in section 1956 of title 
                18, United States Code (relating to laundering of 
                monetary instruments) or section 1957 of that title 
                (relating to engaging in monetary transactions in 
                property derived from specific unlawful activity) if 
                the amount of the funds exceeded $100,000;
                    ``(E) an offense described in--
                            ``(i) section 842 (h) or (i) of title 18, 
                        United States Code, or section 844 (d), (e), 
                        (f), (g), (h), or (i) of that title (relating 
                        to explosive materials offenses);
                            ``(ii) section 922(g) (1), (2), (3), (4), 
                        or (5), (j), (n), (o), (p), or (r) or 924 (b) 
                        or (h) of title 18, United States Code 
                        (relating to firearms offenses); or
                            ``(iii) section 5861 of the Internal 
                        Revenue Code of 1986 (relating to firearms 
                        offenses);
                    ``(F) a crime of violence (as defined in section 16 
                of title 18, United States Code, but not including a 
                purely political offense) for which the term of 
                imprisonment imposed (regardless of any suspension of 
                imprisonment) is at least 5 years;
                    ``(G) a theft offense (including receipt of stolen 
                property) or burglary offense for which the term of 
                imprisonment imposed (regardless of any suspension of 
                such imprisonment) is at least 33 months;
                    ``(H) an offense described in section 875, 876, 
                877, or 1202 of title 18, United States Code (relating 
                to the demand for or receipt of ransom);
                    ``(I) an offense described in section 2251, 2251A, 
                or 2252 of title 18, United States Code (relating to 
                child pornography);
                    ``(J) an offense described in section 1962 of title 
                18, United States Code (relating to racketeer 
                influenced corrupt organizations) for which a sentence 
                of 5 years' imprisonment or more may be imposed;
                    ``(K) an offense that--
                            ``(i) relates to the owning, controlling, 
                        managing, or supervising of a prostitution 
                        business; or
                            ``(ii) is described in section 1581, 1582, 
                        1583, 1584, 1585, or 1588, of title 18, United 
                        States Code (relating to peonage, slavery, and 
                        involuntary servitude);
                    ``(L) an offense relating to perjury or subornation 
                of perjury if the offense involved causing or 
                threatening to cause physical injury to a person or 
                damage to property;
                    ``(M) an offense described in--
                            ``(i) section 793 (relating to gathering or 
                        transmitting national defense information), 798 
                        (relating to disclosure of classified 
                        information), 2153 (relating to sabotage) or 
                        2381 or 2382 (relating to treason) of title 18, 
                        United States Code; or
                            ``(ii) section 601 of the National Security 
                        Act of 1947 (50 U.S.C. 421) (relating to 
                        protecting the identity of undercover 
                        intelligence agents);
                    ``(N) an offense that--
                            ``(i) involves fraud or deceit in which the 
                        loss to the victim or victims exceeds $200,000; 
                        or
                            ``(ii) is described in section 7201 of the 
                        Internal Revenue Code of 1986 (relating to tax 
                        evasion) in which the revenue loss to the 
                        Government exceeds $200,000;
                    ``(O) an offense described in section 274(a)(1) of 
                title 18, United States Code (relating to alien 
                smuggling) for the purpose of commercial advantage;
                    ``(P) an offense described in section 1546(a) of 
                title 18, United States Code (relating to document 
                fraud) which constitutes trafficking in the documents 
                described in such section;
                    ``(Q) an offense relating to a failure to appear by 
                a defendant for service of sentence if the underlying 
                offense is punishable by imprisonment for a term of 15 
                years or more; and
                    ``(R) an attempt or conspiracy to commit an offense 
                described in this paragraph.
        The term applies to an offense described in this paragraph 
        whether in violation of Federal or State law and applies to 
        such an offense in violation of the law 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 convictions entered on or after the date of enactment of this 
Act.

SEC. 2. 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 new subsection:
    ``(f) 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 or 216A) 
                at the time that proceedings under this section 
                commenced.
            ``(3) No alien described in this section shall be eligible 
        for any relief from deportation that the Attorney General may 
        grant in his discretion.
            ``(4) 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, unless waived by the 
        alien, in order that the alien has an opportunity to apply for 
        judicial review under section 106.
            ``(5) Pending a determination of deportability under this 
        section, the Attorney General shall not release the alien. An 
        order of deportation entered pursuant to this section shall be 
        executed by the Attorney General in accordance with section 
        243. Proceedings before the Attorney General under this section 
        shall be in accordance with such regulations as the Attorney 
        General shall prescribe and shall include requirements that 
        provide that--
                    ``(A) the alien is given reasonable notice of the 
                charges;
                    ``(B) the alien has an opportunity to have 
                assistance of counsel at no expense to the government 
                and in a manner that does not unduly delay the 
                proceedings;
                    ``(C) the alien has a reasonable opportunity to 
                inspect the evidence and rebut the charges;
                    ``(D) the determination of deportability is 
                supported by reasonable, substantial, and probative 
                evidence; and
                    ``(E) the final order of deportation is not 
                adjudicated by the same person who issued such 
                order.''.
    (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 Amendments.--Section 242A of the Immigration and 
Nationality Act (8 U.S.C. 1252a) is amended--
            (1) in subsection (a)--
                    (A) by striking ``(a) In General.--'' and inserting 
                the following:
    ``(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 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 redesignating subsection (f), as added by subsection 
        (a) of this section, as subsection (c);
            (7) by inserting after the section heading the following 
        new subsection:
    ``(a) Presumption of Deportability.--An alien convicted of an 
aggravated felony shall be deportable from the United States.''; and
            (8) by amending the section heading 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. 3. JUDICIAL DEPORTATION.

    (a) Judicial Deportation.--Section 242A of the Immigration and 
Nationality Act (8 U.S.C. 1252a) is amended by adding 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 Service, 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. If the conviction is reversed on 
                direct appeal, the order entered pursuant to this 
                section shall be void.
                    ``(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 Amendment.--The ninth sentence of section 242(b) of 
the Immigration and Nationality Act (8 U.S.C. 1252(b)) is amended by 
striking ``The'' and inserting ``Except as provided in section 242A(d), 
the''.
    (c) Rule of Construction.--Nothing in this section may be construed 
to alter the privilege of being represented at no expense to the 
Government set forth in section 292 of the Immigration and Nationality 
Act.
    (d) 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. 4. 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 ``has served for such felony or 
felonies'' and all that follows through the period and inserting ``has 
been sentenced for such felony or felonies to a term of imprisonment of 
at least 5 years, if the time for appealing such conviction or sentence 
has expired and the sentence has become final. For purposes of this 
section, the term `sentence' does not include a sentence the execution 
of which was suspended in its entirety.''.
    (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--
            (1) by striking the final sentence and inserting the 
        following new subparagraph:
                    ``(E) the alien has been convicted of an aggravated 
                felony.''; and
            (2) by striking ``or'' at the end of subparagraph (C) and 
        inserting ``or'' at the end of subparagraph (D).

SEC. 5. 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, in the 
discretion of the special inquiry officer, 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 substantive or procedural right or benefit that is 
legally enforceable by any party against the United States or its 
agencies or officers or any other person.

SEC. 6. CRIMINAL ALIEN TRACKING CENTER.

    (a) Operation.--The Attorney General shall, under the authority of 
section 242(a)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 
1252(a)(3)(A)), operate a criminal alien tracking center.
    (b) Purpose.--The criminal alien tracking center shall be used to 
assist Federal, State, and local law enforcement agencies in 
identifying and locating aliens who may be subject to deportation by 
reason of their conviction of aggravated felonies.

SEC. 7. EXTENSION OF VISA WAIVER PILOT PROGRAM.

    Section 217(f) of the Immigration and Nationality Act (8 U.S.C. 
1187(f)) is amended by striking ``ending'' and all that follows through 
the period and inserting ``ending on October 7, 1994''.

SEC. 8. CREATION OF PROBATIONARY STATUS FOR PARTICIPANT COUNTRIES IN 
              THE VISA WAIVER PROGRAM.

    Section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) 
is amended--
            (1) in subsection (a)(2)(B) by inserting before the period 
        ``or is designated as a pilot program country with probationary 
        status under subsection (g)'';
            (2) by adding at the end the following new subsection:
    ``(g) Pilot Program Country With Probationary Status.--
            ``(1) In general.--The Attorney General and the Secretary 
        of State acting jointly may designate any country as a pilot 
        program country with probationary status if it meets the 
        requirements of paragraph (2).
            ``(2) Qualifications.--A country may not be designated as a 
        pilot program country with probationary status unless the 
        following requirements are met:
                    ``(A) Nonimmigrant visa refusal rate for previous 
                2-year period.--The average number of refusals of 
                nonimmigrant visitor visas for nationals of the country 
                during the two previous full fiscal years was less than 
                3.5 percent of the total number of nonimmigrant visitor 
                visas for nationals of that country which were granted 
                or refused during those years.
                    ``(B) Nonimmigrant visa refusal rate for previous 
                year.--The number of refusals of nonimmigrant visitor 
                visas for nationals of the country during the previous 
                full fiscal year was less than 3 percent of the total 
                number of nonimmigrant visitor visas for nationals of 
                that country which were granted or refused during that 
                year.
                    ``(C) Low exclusions and violations rate for 
                previous year.--The sum of--
                            ``(i) the total number of nationals of that 
                        country who were excluded from admission or 
                        withdrew their application for admission during 
                        the preceding fiscal year as a nonimmigrant 
                        visitor, and
                            ``(ii) the total number of nationals of 
                        that country who were admitted as nonimmigrant 
                        visitors during the preceding fiscal year and 
                        who violated the terms of such admission,
                was less than 1.5 percent of the total number of 
                nationals of that country who applied for admission as 
                nonimmigrant visitors during the preceding fiscal year.
                    ``(D) Machine readable passport program.--The 
                government of the country certifies that it has or is 
                in the process of developing a program to issue 
                machine-readable passports to its citizens.
            ``(3) Continuing and subsequent qualifications for pilot 
        program countries with probationary status.--The designation of 
        a country as a pilot program country with probationary status 
        shall terminate if either of the following occurs:
                    ``(A) The sum of--
                            ``(i) the total number of nationals of that 
                        country who were excluded from admission or 
                        withdrew their application for admission during 
                        the preceding fiscal year as a nonimmigrant 
                        visitor, and
                            ``(ii) the total number of nationals of 
                        that country who were admitted as visitors 
                        during the preceding fiscal year and who 
                        violated the terms of such admission,
                is more than 2.0 percent of the total number of 
                nationals of that country who applied for admission as 
                nonimmigrant visitors during the preceding fiscal year.
                    ``(B) The country is not designated as a pilot 
                program country under subsection (c) within 3 fiscal 
                years of its designation as a pilot program country 
                with probationary status under this subsection.''.
            ``(4) Designation of pilot program countries with 
        probationary status as pilot program countries.--In the case of 
        a country which was a pilot program country with probationary 
        status in the preceding fiscal year, a country may be 
        designated by the Attorney General and the Secretary of State, 
        acting jointly, as a pilot program country under subsection (c) 
        if--
                    ``(A) the total of the number of nationals of that 
                country who were excluded from admission or withdrew 
                their application for admission during the preceding 
                fiscal year as a nonimmigrant visitor, and
                    ``(B) the total number of nationals of that country 
                who were admitted as nonimmigrant visitors during the 
                preceding fiscal year and who violated the terms of 
                such admission,
        was less than 2 percent of the total number of nationals of 
        that country who applied for admission as nonimmigrant visitors 
        during such preceding fiscal year.''; and
            (3) in subsection (c)(2) by striking ``A country'' and 
        inserting ``Except as provided in subsection (g)(4), a 
        country''.
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