[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 668 Referred in Senate (RFS)]







104th CONGRESS
  1st Session
                                H. R. 668


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            February 13 (legislative day, January 30), 1995

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
   To control crime by further streamlining deportation of 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Criminal Alien 
Deportation Improvements Act of 1995''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Additional expansion of definition of aggravated felony.
Sec. 3. Deportation procedures for certain criminal aliens who are not 
                            permanent residents.
Sec. 4. Restricting the defense to exclusion based on 7 years permanent 
                            residence for certain criminal aliens.
Sec. 5. Limitation on collateral attacks on underlying deportation 
                            order.
Sec. 6. Criminal alien identification system.
Sec. 7. Establishing certain alien smuggling-related crimes as RICO-
                            predicate offenses.
Sec. 8. Wiretap authority for alien smuggling investigations.
Sec. 9. Expansion of criteria for deportation for crimes of moral 
                            turpitude.
Sec. 10. Payments to political subdivisions for costs of incarcerating 
                            illegal aliens.
Sec. 11. Miscellaneous provisions.
Sec. 12. Construction of expedited deportation requirements.
Sec. 13. Study of prisoner transfer treaty with Mexico.
Sec. 14. Justice Department assistance in bringing to justice aliens 
                            who flee prosecution for crimes in the 
                            United States.
Sec. 15. Prisoner transfer treaties.
Sec. 16. Interior repatriation program.
Sec. 17. Deportation of nonviolent offenders prior to completion of 
                            sentence of imprisonment.

SEC. 2. ADDITIONAL EXPANSION OF DEFINITION OF AGGRAVATED FELONY.

    (a) In General.--Section 101(a)(43) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(43)), as amended by section 222 of 
the Immigration and Nationality Technical Corrections Act of 1994 
(Public Law 103-416), is amended--
            (1) in subparagraph (J), by inserting ``, or an offense 
        described in section 1084 (if it is a second or subsequent 
        offense) or 1955 of that title (relating to gambling 
        offenses),'' after ``corrupt organizations)'';
            (2) in subparagraph (K)--
                    (A) by striking ``or'' at the end of clause (i),
                    (B) by redesignating clause (ii) as clause (iii), 
                and
                    (C) by inserting after clause (i) the following new 
                clause:
                            ``(ii) is described in section 2421, 2422, 
                        or 2423 of title 18, United States Code 
                        (relating to transportation for the purpose of 
                        prostitution) for commercial advantage; or'';
            (3) by amending subparagraph (N) to read as follows:
                    ``(N) an offense described in paragraph (1)(A) or 
                (2) of section 274(a) (relating to alien smuggling) for 
                which the term of imprisonment imposed (regardless of 
                any suspension of imprisonment) is at least 5 years;'';
            (4) by amending subparagraph (O) to read as follows:
                    ``(O) an offense (i) which either is falsely 
                making, forging, counterfeiting, mutilating, or 
                altering a passport or instrument in violation of 
                section 1543 of title 18, United States Code, or is 
                described in section 1546(a) of such title (relating to 
                document fraud) and (ii) for which the term of 
                imprisonment imposed (regardless of any suspension of 
                such imprisonment) is at least 18 months;''
            (5) in subparagraph (P), by striking ``15 years'' and 
        inserting ``5 years'', and by striking ``and'' at the end;
            (6) by redesignating subparagraphs (O), (P), and (Q) as 
        subparagraphs (P), (Q), and (U), respectively;
            (7) by inserting after subparagraph (N) the following new 
        subparagraph:
                    ``(O) an offense described in section 275(a) or 276 
                committed by an alien who was previously deported on 
                the basis of a conviction for an offense described in 
                another subparagraph of this paragraph;''; and
            (8) by inserting after subparagraph (Q), as so 
        redesignated, the following new subparagraphs:
                    ``(R) an offense relating to commercial bribery, 
                counterfeiting, forgery, or trafficking in vehicles the 
                identification numbers of which have been altered for 
                which a sentence of 5 years' imprisonment or more may 
                be imposed;
                    ``(S) an offense relating to obstruction of 
                justice, perjury or subornation of perjury, or bribery 
                of a witness, for which a sentence of 5 years' 
                imprisonment or more may be imposed;
                    ``(T) an offense relating to a failure to appear 
                before a court pursuant to a court order to answer to 
                or dispose of a charge of a felony for which a sentence 
                of 2 years' imprisonment or more may be imposed; and''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to convictions entered on or after the date of the enactment of 
this Act, except that the amendment made by subsection (a)(3) shall 
take effect as if included in the enactment of section 222 of the 
Immigration and Nationality Technical Corrections Act of 1994.

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

    (a) Administrative Hearings.--Section 242A(b) of the Immigration 
and Nationality Act (8 U.S.C. 1252a(b)), as added by section 130004(a) 
of the Violent Crime Control and Law Enforcement Act of 1994 (Public 
Law 103-322), is amended--
            (1) in paragraph (2)--
                    (A) by striking ``and'' at the end of subparagraph 
                (A) and inserting ``or'', and
                    (B) by amending subparagraph (B) to read as 
                follows:
                    ``(B) had permanent resident status on a 
                conditional basis (as described in section 216) at the 
                time that proceedings under this section commenced.'';
            (2) in paragraph (3), by striking ``30 calendar days'' and 
        inserting ``14 calendar days'';
            (3) in paragraph (4)(B), by striking ``proccedings'' and 
        inserting ``proceedings'';
            (4) in paragraph (4)--
                    (A) by redesignating subparagraphs (D) and (E) as 
                subparagraphs (F) and (G), respectively; and
                    (B) by adding after subparagraph (C) the following 
                new subparagraphs:
                    ``(D) such proceedings are conducted in, or 
                translated for the alien into, a language the alien 
                understands;
                    ``(E) a determination is made for the record at 
                such proceedings that the individual who appears to 
                respond in such a proceeding is an alien subject to 
                such an expedited proceeding under this section and is, 
                in fact, the alien named in the notice for such 
                proceeding;''.
            (5) by adding at the end the following new paragraph:
            ``(5) No alien described in this section shall be eligible 
        for any relief from deportation that the Attorney General may 
        grant in the Attorney General's discretion.''.
    (b) Limit on Judicial Review.--Subsection (d) of section 106 of the 
Immigration and Nationality Act (8 U.S.C. 1105a), as added by section 
130004(b) of the Violent Crime Control and Law Enforcement Act of 1994 
(Public Law 103-322), is amended to read as follows:
    ``(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) Presumption of Deportability.--Section 242A of the Immigration 
and Nationality Act (8 U.S.C. 1252a) is amended by inserting after 
subsection (b) the following new subsection:
    ``(c) Presumption of Deportability.--An alien convicted of an 
aggravated felony shall be conclusively presumed to be deportable from 
the United States.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to all aliens against whom deportation proceedings are initiated 
after the date of the enactment of this Act.

SEC. 4. RESTRICTING THE DEFENSE TO EXCLUSION BASED ON 7 YEARS PERMANENT 
              RESIDENCE FOR CERTAIN CRIMINAL ALIENS.

    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.''.

SEC. 5. LIMITATION ON COLLATERAL ATTACKS ON UNDERLYING DEPORTATION 
              ORDER.

    (a) In General.--Section 276 of the Immigration and Nationality Act 
(8 U.S.C. 1326) is amended by adding at the end the following new 
subsection:
    ``(c) In a criminal proceeding under this section, an alien may not 
challenge the validity of the deportation order described in subsection 
(a)(1) or subsection (b) unless the alien demonstrates that--
            ``(1) the alien exhausted any administrative remedies that 
        may have been available to seek relief against the order;
            ``(2) the deportation proceedings at which the order was 
        issued improperly deprived the alien of the opportunity for 
        judicial review; and
            ``(3) the entry of the order was fundamentally unfair.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to criminal proceedings initiated after the date of the enactment 
of this Act.

SEC. 6. CRIMINAL ALIEN IDENTIFICATION SYSTEM.

    Section 130002(a) of the Violent Crime Control and Law Enforcement 
Act of 1994 (Public Law 103-312) is amended to read as follows:
    ``(a) Operation and Purpose.--The Commissioner of Immigration and 
Naturalization 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 identification system. The criminal alien identification 
system 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. ESTABLISHING CERTAIN ALIEN SMUGGLING-RELATED CRIMES AS RICO-
              PREDICATE OFFENSES.

    Section 1961(1) of title 18, United States Code, is amended--
            (1) by inserting ``section 1028 (relating to fraud and 
        related activity in connection with identification documents) 
        if the act indictable under section 1028 was committed for the 
        purpose of financial gain,'' before ``section 1029'';
            (2) by inserting ``section 1542 (relating to false 
        statement in application and use of passport) if the act 
        indictable under section 1542 was committed for the purpose of 
        financial gain, section 1543 (relating to forgery or false use 
        of passport) if the act indictable under section 1543 was 
        committed for the purpose of financial gain, section 1544 
        (relating to misuse of passport) if the act indictable under 
        section 1544 was committed for the purpose of financial gain, 
        section 1546 (relating to fraud and misuse of visas, permits, 
and other documents) if the act indictable under section 1546 was 
committed for the purpose of financial gain, sections 1581-1588 
(relating to peonage and slavery),'' after ``section 1513 (relating to 
retaliating against a witness, victim, or an informant),'';
            (3) by striking ``or'' before ``(E)''; and
            (4) by inserting before the period at the end the 
        following: ``, or (F) any act which is indictable under the 
        Immigration and Nationality Act, section 274 (relating to 
        bringing in and harboring certain aliens), section 277 
        (relating to aiding or assisting certain aliens to enter the 
        United States), or section 278 (relating to importation of 
        alien for immoral purpose) if the act indictable under such 
        section of such Act was committed for the purpose of financial 
        gain''.

SEC. 8. WIRETAP AUTHORITY FOR ALIEN SMUGGLING INVESTIGATIONS.

    Section 2516(1) of title 18, United States Code, is amended--
            (1) by striking ``and'' at the end of paragraph (n),
            (2) by redesignating paragraph (o) as paragraph (p), and
            (3) by inserting after paragraph (n) the following new 
        paragraph:
            ``(o) a felony violation of section 1028 (relating to 
        production of false identification documents), section 1542 
        (relating to false statements in passport applications), 
        section 1546 (relating to fraud and misuse of visas, permits, 
        and other documents) of this title or a violation of section 
        274, 277, or 278 of the Immigration and Nationality Act 
        (relating to the smuggling of aliens); or''.

SEC. 9. EXPANSION OF CRITERIA FOR DEPORTATION FOR CRIMES OF MORAL 
              TURPITUDE.

    (a) In General.--Section 241(a)(2)(A)(i)(II) of the Immigration and 
Nationality Act (8 U.S.C. 1251(a)(2)(A)(i)(II)) is amended to read as 
follows:
                                    ``(II) is convicted of a crime for 
                                which a sentence of one year or longer 
                                may be imposed,''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to aliens against whom deportation proceedings are initiated 
after the date of the enactment of this Act.

SEC. 10. PAYMENTS TO POLITICAL SUBDIVISIONS FOR COSTS OF INCARCERATING 
              ILLEGAL ALIENS.

    Amounts appropriated to carry out section 501 of the Immigration 
Reform and Control Act of 1986 for fiscal year 1995 shall be available 
to carry out section 242(j) of the Immigration and Nationality Act in 
that fiscal year with respect to undocumented criminal aliens 
incarcerated under the authority of political subdivisions of a State.

SEC. 11. MISCELLANEOUS PROVISIONS.

    (a) Use of Electronic and Telephonic Media in 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 the consent of the alien) or, 
where waived or agreed to by the parties, in the absence of the 
alien''.
    (b) Codification.--
            (1) Section 242(i) of such Act (8 U.S.C. 1252(i)) is 
        amended by adding at the end the following: ``Nothing in this 
        subsection 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.''.
            (2) Section 225 of the Immigration and Nationality 
        Technical Corrections Act of 1994 (Public Law 103-416) is 
        amended by striking ``and nothing in'' and all that follows 
        through ``1252(i))''.
            (3) The amendments made by this subsection shall take 
        effect as if included in the enactment of the Immigration and 
        Nationality Technical Corrections Act of 1994 (Public Law 103-
        416).

SEC. 12. CONSTRUCTION OF EXPEDITED DEPORTATION REQUIREMENTS.

    No amendment made by this Act 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. 13. STUDY OF PRISONER TRANSFER TREATY WITH MEXICO.

    (a) Report to Congress.--Not later than 180 days after the date of 
the enactment of this Act, the Secretary of State and the Attorney 
General shall submit to the Congress a report that describes the use 
and effectiveness of the Prisoner Transfer Treaty with Mexico (in this 
section referred to as the ``Treaty'') to remove from the United States 
aliens who have been convicted of crimes in the United States.
    (b) Use of Treaty.--The report under subsection (a) shall include 
the following information:
            (1) The number of aliens convicted of a criminal offense in 
        the United States since November 30, 1977, who would have been 
        or are eligible for transfer pursuant to the Treaty.
            (2) The number of aliens described in paragraph (1) who 
        have been transferred pursuant to the Treaty.
            (3) The number of aliens described in paragraph (2) who 
        have been incarcerated in full compliance with the Treaty.
            (4) The number of aliens who are incarcerated in a penal 
        institution in the United States who are eligible for transfer 
        pursuant to the Treaty.
            (5) The number of aliens described in paragraph (4) who are 
        incarcerated in State and local penal institutions.
    (c) Effectiveness of Treaty.--The report under subsection (a) shall 
include the recommendations of the Secretary of State and the Attorney 
General to increase the effectiveness and use of, and full compliance 
with, the Treaty. In considering the recommendations under this 
subsection, the Secretary and the Attorney General shall consult with 
such State and local officials in areas disproportionately impacted by 
aliens convicted of criminal offenses as the Secretary and the Attorney 
General consider appropriate. Such recommendations shall address the 
following areas:
            (1) Changes in Federal laws, regulations, and policies 
        affecting the identification, prosecution, and deportation of 
        aliens who have committed a criminal offense in the United 
        States.
            (2) Changes in State and local laws, regulations, and 
        policies affecting the identification, prosecution, and 
        deportation of aliens who have committed a criminal offense in 
        the United States.
            (3) Changes in the Treaty that may be necessary to increase 
        the number of aliens convicted of crimes who may be transferred 
        pursuant to the Treaty.
            (4) Methods for preventing the unlawful re-entry into the 
        United States of aliens who have been convicted of criminal 
        offenses in the United States and transferred pursuant to the 
        Treaty.
            (5) Any recommendations of appropriate officials of the 
        Mexican Government on programs to achieve the goals of, and 
        ensure full compliance with, the Treaty.
            (6) An assessment of whether the recommendations under this 
        subsection require the renegotiation of the Treaty.
            (7) The additional funds required to implement each 
        recommendation under this subsection.

SEC. 14. JUSTICE DEPARTMENT ASSISTANCE IN BRINGING TO JUSTICE ALIENS 
              WHO FLEE PROSECUTION FOR CRIMES IN THE UNITED STATES.

    (a) Assistance to States.--The Attorney General, in cooperation 
with the Commissioner of Immigration and Naturalization and the 
Secretary of State, shall designate an office within the Department of 
Justice to provide technical and prosecutorial assistance to States and 
political subdivisions of States in efforts to bring to justice aliens 
who flee prosecution for crimes in the United States.
    (b) Report to Congress.--Not later than one year after the date of 
the enactment of this Act, the Attorney General shall compile and 
submit to the Congress a report which assesses the nature and extent of 
the problem of bringing to justice aliens who flee prosecution for 
crimes in the United States.

SEC. 15. PRISONER TRANSFER TREATIES.

    (a) Negotiation.--Congress advises the President to begin to 
negotiate and renegotiate, not later than 90 days after the date of the 
enactment of this Act, bilateral prisoner transfer treaties. The focus 
of such negotiations shall be to expedite the transfer of aliens 
unlawfully in the United States who are incarcerated in United States 
prisons, to ensure that a transferred prisoner serves the balance of 
the sentence imposed by the United States courts, and to eliminate any 
requirement of prisoner consent to such a transfer.
    (b) Certification.--The President shall submit to the Congress, 
annually, a certification as to whether each prisoner transfer treaty 
in force is effective in returning aliens unlawfully in the United 
States who have committed offenses for which they are incarcerated in 
the United States to their country of nationality for further 
incarceration.

SEC. 16. INTERIOR REPATRIATION PROGRAM.

    Not later than 180 days after the date of enactment of this Act, 
the Attorney General and the Commissioner of Immigration and 
Naturalization shall develop and implement a program in which aliens 
who previously have illegally entered the United States not less than 3 
times and are deported or returned to a country contiguous to the 
United States will be returned to locations not less than 500 
kilometers from that country's border with the United States.

SEC. 17. DEPORTATION OF NONVIOLENT OFFENDERS PRIOR TO COMPLETION OF 
              SENTENCE OF IMPRISONMENT.

    (a) In General.--Section 242(h) of the Immigration and Nationality 
Act (8 U.S.C. 1252(h)) is amended to read as follows:
    ``(h)(1) Except as provided in paragraph (2), an alien sentenced to 
imprisonment may not be deported until such imprisonment has been 
terminated by the release of the alien from confinement. Parole, 
supervised release, probation, or possibility of rearrest or further 
confinement in respect of the same offense shall not be a ground for 
deferral of deportation.
    ``(2) The Attorney General is authorized to deport an alien in 
accordance with applicable procedures under this Act prior to the 
completion of a sentence of imprisonment--
            ``(A) in the case of an alien in the custody of the 
        Attorney General, if the Attorney General determines that (i) 
        the alien is confined pursuant to a final conviction for a 
        nonviolent offense (other than alien smuggling), and (ii) such 
        deportation of the alien is appropriate and in the best 
        interest of the United States; or
            ``(B) in the case of an alien in the custody of a State (or 
        a political subdivision of a State), if the chief State 
        official exercising authority with respect to the incarceration 
        of the alien determines that (i) the alien is confined pursuant 
        to a final conviction for a nonviolent offense (other than 
        alien smuggling), (ii) such deportation is appropriate and in 
        the best interest of the State, and (iii) submits a written 
        request to the Attorney General that such alien be so deported.
    ``(3) Any alien deported pursuant to this subsection shall be 
notified of the penalties under the laws of the United States relating 
to the reentry of deported aliens, particularly the expanded penalties 
for aliens deported under paragraph (2).''.
    (b) Reentry of Alien Deported Prior to Completion of Term of 
Imprisonment.--Section 276 of the Immigration and Nationality Act (8 
U.S.C. 1326) amended by adding at the end the following new subsection:
    ``(c) Any alien deported pursuant to section 242(h)(2) who enters, 
attempts to enter, or is at any time found in, the United States 
(unless the Attorney General has expressly consented to such alien's 
reentry) shall be incarcerated for the remainder of the sentence of 
imprisonment which was pending at the time of deportation without any 
reduction for parole or supervised release. Such alien shall be subject 
to such other penalties relating to the reentry of deported aliens as 
may be available under this section or any other provision of law.''.

            Passed the House of Representatives February 10, 1995.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.

HR 668 RFS----2