[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 205 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 205

To require the Federal Government to incarcerate or to reimburse State 
  and local governments for the cost of incarcerating criminal aliens.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 1995

 Mr. Condit (for himself, Mrs. Thurman, Mr. Cunningham, and Mr. Canady 
 of Florida) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To require the Federal Government to incarcerate or to reimburse State 
  and local governments for the cost of incarcerating criminal aliens.

    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 Federal 
Responsibility Act of 1995''.

SEC. 2. INCARCERATION OF CRIMINAL ALIENS BY OR AT THE EXPENSE OF THE 
              FEDERAL GOVERNMENT.

    (a) Definition.--In this section, ``criminal alien who has been 
convicted of a felony and is incarcerated in a State or local 
correctional facility'' means an alien who--
            (1)(A) is in the United States in violation of the 
        immigration laws; or
            (B) is deportable or excludable under the Immigration and 
        Nationality Act (8 U.S.C. 1101 et seq.); and
            (2) has been convicted of a felony under State or local law 
        and incarcerated in a correctional facility of the State or a 
        subdivision of the State.
    (b) Federal Custody.--At the request of a State or political 
subdivision of a State, the Attorney General shall--
            (1)(A) take custody of a criminal alien who has been 
        convicted of a felony and is incarcerated in a State or local 
        correctional facility; and
            (B) provide for the imprisonment of the criminal alien in a 
        Federal prison in accordance with the sentence of the State 
        court; or
            (2) enter into a contractual arrangement with the State or 
        local government to compensate the State or local government 
        for incarcerating alien criminals for the duration of their 
        sentences.

SEC. 3. EXPEDITING CRIMINAL ALIEN DEPORTATION AND EXCLUSION.

    (a) Convicted Defined.--Section 241(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1251(a)(2)) is amended by adding at the end 
the following new subparagraph:
                    ``(E) Convicted defined.--In this paragraph, the 
                term `convicted' means a judge or jury has found the 
                alien guilty or the alien has entered a plea of guilty 
                or nolo contendere, whether or not the alien appeals 
                therefrom.''.
    (b) Deportation of Convicted Aliens.--
            (1) Immediate deportation.--Section 242(h) of such Act (8 
        U.S.C. 1252(h)) is amended--
                    (A) by striking ``(h) An alien'' and inserting 
                ``(h)(1) Subject to paragraph (2), an alien'';
                    (B) by adding at the end the following new 
                paragraph:
    ``(2) An alien sentenced to imprisonment may be deported prior to 
the termination of such imprisonment by the release of the alien from 
confinement, if the Service petitions the appropriate court or other 
entity with authority concerning the alien to release the alien into 
the custody of the Service for execution of an order of deportation.''.
            (2) Prohibition of reentry into the united states.--Section 
        212(a)(2) of such Act (8 U.S.C. 1182(a)(2)) is amended--
                    (A) by redesignating subparagraph (F) as 
                subparagraph ``(G)''; and
                    (B) by inserting after subparagraph (E) the 
                following new subparagraph:
                    ``(F) Aliens deported before serving minimum period 
                of confinement.--An alien deported pursuant to section 
                242(h)(2) is excludable during the minimum period of 
                confinement to which the alien was sentenced.''.
    (c) Execution of Deportation Orders.--Section 242(i) of such Act (8 
U.S.C. 1252(i)) is amended by adding at the end the following: ``An 
order of deportation may not be executed until all direct appeals 
relating to the conviction which is the basis of the deportation order 
have been exhausted.''.

SEC. 4. DETENTION OF ALIENS SUBJECT TO DEPORTATION ON CRIMINAL AND 
              SECURITY GROUNDS PENDING DEPORTATION PROCEEDINGS.

    (a) Apprehension and Deportation of Aliens Subject to Deportation 
on Criminal or Security Grounds.--Section 242(a) of the Immigration and 
Nationality Act (8 U.S.C. 1252(a)) is amended--
            (1) in the second sentence of paragraph (1) by striking 
        ``paragraph (2),'' and inserting ``paragraphs (2) and (4),''; 
        and
            (2) by adding at the end the following new paragraph:
    ``(4) Pending a determination of deportability in the case of any 
alien subject to deportation for criminal offenses or security and 
related grounds pursuant to paragraphs (2) and (4) of section 241(a), 
the Attorney General shall--
            ``(A) upon warrant of the Attorney General, arrest and take 
        into custody the alien pending a final determination of 
        deportability; or
            ``(B) take the alien into custody upon release of the alien 
        from incarceration (regardless of whether or not such release 
        is on parole, supervised release, or probation, and regardless 
        of the possibility of rearrest or further confinement in 
        respect of the same offense) pending a final determination of 
        deportability.
Notwithstanding paragraph (1) or subsection (c) and (d), the Attorney 
General shall not release such alien from custody.''.
    (b) Mandatory Detention of Aggravated Felons Pending Determination 
of Deportability.--Section 242(a)(2) of such Act is further amended--
            (1) by striking subparagraph (B); and
            (2) in subparagraph (A)--
                    (A) by striking ``(2)(A)'' and inserting ``(2)'', 
                and
                    (B) in the second sentence--
                            (i) by striking ``but subject to 
                        subparagraph (B)'', and
                            (ii) by inserting before the period 
                        ``pending a final determination of 
                        deportability''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
aliens with respect to whom a deportation proceeding is initiated more 
than 60 days after the date of the enactment of this Act.

SEC. 5. PRISONER TRANSFER TREATY PROGRAM.

    Not later than 90 days after the date of the enactment of this Act, 
the Attorney General shall submit to the Congress a report on ways to 
expand bilateral prisoner transfer treaties. Such report shall consider 
the feasibility of subsidizing the Government of Mexico for costs 
associated with the incarceration of Mexican nationals returned to 
Mexico pursuant to such a treaty and methods of verifying that 
prisoners transferred pursuant to such treaties are serving adequate 
terms of imprisonment upon transfer.

SEC. 6. INTERIOR REPATRIATION PROGRAM.

    Not later than 90 days after the date of the enactment of this Act, 
in cooperation with the Government of Mexico the Attorney General shall 
implement a program of interior repatriation of criminal aliens who are 
deported or voluntarily repatriated to Mexico.

SEC. 7. INS CLEARINGHOUSE CONCERNING CRIMINAL ALIENS.

    Not later than 90 days after the date of the enactment of this Act, 
the Immigration and Naturalization Service shall develop a uniform and 
sound methodology for collecting information concerning criminal aliens 
incarcerated in local and State jails, including the number of such 
aliens.
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