[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 179 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 179

    To amend the Immigration and Nationality Act to facilitate the 
 apprehension, detention, and deportation of criminal aliens, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 9, 1995

   Mr. Roth 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 facilitate the 
 apprehension, detention, and deportation of criminal aliens, 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 Alien Control Act of 
1995''.

SEC. 2. TABLE OF CONTENTS.

    The following is the table of contents for this Act:

Sec. 1. Short title.
Sec. 2. Table of contents.
                TITLE I--DEPORTATION OF CRIMINAL ALIENS

Sec. 101. Equal immigration treatment to all alien felons.
Sec. 102. Deportation procedures for certain criminal aliens.
Sec. 103. Judicial deportation.
Sec. 104. Uncontested deportations.
Sec. 105. Restricting defenses to deportation for certain criminal 
                            aliens.
Sec. 106. Extraterritorial appeals by criminal aliens.
Sec. 107. Collateral attacks on underlying deportation order.
Sec. 108. Restriction on asylum for criminal aliens.
Sec. 109. Federal incarceration.
Sec. 110. Form of deportation hearings.
Sec. 111. Construction of expedited deportation requirements.
   TITLE II--LOCAL COOPERATION WITH FEDERAL OFFICIALS AND PROCEDURES

Sec. 201. Funding based on cooperation.
Sec. 202. Production of criminal records.
                        TITLE III--MISCELLANEOUS

Sec. 301. Detention of undocumented criminal aliens at military 
                            installations to be closed.
Sec. 302. Authorizing registration of aliens on criminal probation or 
                            criminal parole.
Sec. 303. Admissible evidence before a special inquiry officer.

                TITLE I--DEPORTATION OF CRIMINAL ALIENS

SEC. 101. EQUAL IMMIGRATION TREATMENT TO ALL ALIEN FELONS.

    (a) Felonies.--(1) Sections 101(f) (8 U.S.C. 1101(f)); 106(a) (8 
U.S.C. 1105a(a)); 208(d) (8 U.S.C. 1158(d)); 212(a)(6)(B) (8 U.S.C. 
1182(a)(6)(B)); 236(e)(i) (8 U.S.C. 1226(e)(i)); 241(a)(2)(A) (8 U.S.C. 
1251(a)(2)(A)); 242 (8 U.S.C. 1252(a)); 242A(d) (8 U.S.C. 1252a); 
242B(c) (8 U.S.C. 1252b(c)); 243(h) (8 U.S.C. 1253(h)); 244(e) (8 
U.S.C. 1254(e)); and 277 (8 U.S.C. 1327) are amended by striking 
``aggravated felony'', ``an aggravated felony'', and ``aggravated 
felonies'' each place they appear and inserting in lieu thereof 
``felony'', ``a felony'', or ``felonies'', respectively.
    (2) Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)) is amended by adding at the end the following new paragraph:
            ``(47) The term `felony' means any offense under Federal or 
        State law that is punishable by death or imprisonment for more 
        than 1 year.''.
    (b) Preclusion of Judicial Review.--Section 106(c) of the 
Immigration and Nationality Act (8 U.S.C. 1105a(c)) is amended--
            (1) by inserting ``(1)'' immediately after ``(c)''; and
            (2) by adding at the end the following:
    ``(2) An order of deportation or of exclusion shall not be reviewed 
by any court of the United States if the grounds for such order is the 
commission of a felony by the alien, except that the Attorney General 
may defer deportation or exclusion of the alien pending judicial review 
if the Attorney General determines that to do otherwise would cause 
hardship to the alien.''.

SEC. 102. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS.

    (a) In General.--Section 242A(a) of the Immigration and Nationality 
Act (8 U.S.C. 1252a(a)) is amended--
            (1) in paragraph (1), by inserting ``permanent resident'' 
        after ``correctional facilities for'';
            (2) in paragraph (2) by striking ``respect to an'' and 
        inserting ``respect to a permanent resident''; and
            (3) in paragraph 3, by inserting ``permanent resident'' 
        after ``in the case of any''.
    (b) Deportation of Aliens Who Are Not Permanent Residents.--Section 
242A(b)(1) of such Act is amended by striking ``Attorney General may'' 
and inserting ``Attorney General shall''.
    (c) Presumption of Deportability.--Section 242A of such Act (8 
U.S.C. 1252a) is amended by adding at the end the following new 
subsection:
    ``(d) Presumption of Deportability.--An alien convicted of an 
aggravated felony shall be conclusively presumed to be deportable from 
the United States.''.
    (d) Limited Judicial Review.--Section 106(d) of the Immigration and 
Nationality Act (8 U.S.C. 1105a) 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.''.
    (e) 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. 103. 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:
    ``(c) Judicial Deportation.--
            ``(1) Authority.--Notwithstanding any other provision of 
        this Act, a United States district court or a State 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 a felony).
            ``(2) Procedure.--(A) The United States Attorney or, in the 
        case of a proceeding before a State court, the State's attorney 
        general, 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, to the alien's counsel of 
        record, and to the Commissioner.
            ``(B) Notwithstanding section 242B--
                    ``(i) in the case of a proceeding before a United 
                States court, the United States Attorney, with the 
                concurrence of the Commissioner, or
                    ``(ii) in the case of a proceeding before a State 
                court, the State's attorney general,
        shall, at least 20 days before the date set for sentencing, 
        file a charge containing factual allegations regarding the 
        alienage of the defendant and satisfaction by the defendant of 
        the definition of 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 court shall request the Attorney General to 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).
            ``(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 United States district 
        court is located or to the appropriate State court of appeals, 
        as the case may be.
            ``(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 term of the order.
            ``(B) As soon as is practicable after entry of a judicial 
        order of deportation by a United States court, the Attorney 
        General shall provide the defendant with written notice of the 
        order of deportation, which shall designate the defendant's 
        country of choice for deportation and any alternate country 
        pursuant to section 243(a).
            ``(C) As soon as is practicable after entry of a judicial 
        order of deportation by a State court, the State court shall 
        notify the Attorney General of the order. Upon the termination 
        of imprisonment of the alien, the State shall remand the alien 
        to the custody of the Attorney General. The Attorney General 
        shall effect the deportation of the alien in the manner 
        prescribed in this Act with respect to final orders of 
        deportation.
            ``(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). 
        Any denial of a judicial order of deportation shall include a 
        statement in writing stating the reasons for the denial.
            ``(5) Definition.--For purposes of this subsection, the 
        term `State' refers to any of the several States and the 
        District of Columbia.''.
    (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(c), 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. 104. UNCONTESTED DEPORTATIONS.

    Section 242B of the Immigration and Nationality Act (8 U.S.C. 
1252b) is amended--
            (1) in subsection (a)(1), by adding at the end the 
        following new subparagraph:
                    ``(G) The right of an alien deportable under 
                section 241(a)(2) to execute a deportation affidavit 
                pursuant to subsection (f) in lieu of deportation 
                proceedings.'';
            (2) by redesignating subsection (f) as subsection (g); and
            (3) by inserting after subsection (e) the following:
    ``(f) Deportation Affidavit.--In lieu of a determination of 
deportability in a proceeding before a special inquiry officer, an 
alien may elect to admit deportability under section 241(a)(2) through 
the execution of an affidavit witnessed by such an officer and a notary 
public. A special inquiry officer shall make a determination of 
deportability under this subsection based solely on the affidavit and, 
if he finds the alien deportable, shall issue an order of deportation 
with respect to that alien.''.

SEC. 105. RESTRICTING DEFENSES TO DEPORTATION FOR CERTAIN CRIMINAL 
              ALIENS.

    (a) Defenses Based on Seven Years of Permanent Residence.--Section 
212(c) of the Immigration and Nationality Act (8 U.S.C. 1182(c)) is 
amended--
            (1) in the third sentence, 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;''; and
            (2) by adding at the end the following new sentence: ``For 
        purposes of calculating the period of seven consecutive years 
        under this subsection, any period of imprisonment of the alien 
        by Federal, State, or local authorities shall be excluded but 
        shall not be considered to have broken the continuity of the 
        period.''.
    (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 ``or'' at the end of subparagraph (C);
            (2) by striking the period at the end of subparagraph (D) 
        and inserting ``; or''; and
            (3) by striking the final sentence and inserting the 
        following new subparagraph:
                    ``(E) the alien has been convicted of a felony.''; 
                and

SEC. 106. EXTRATERRITORIAL APPEALS BY CRIMINAL ALIENS.

    Section 106 of the Immigration and Nationality Act (8 U.S.C. 1105a) 
is amended by adding at the end the following new subsection:
    ``(e)(1) In the case of any alien found to be deportable under 
section 242(a)(2), the Attorney General may not defer deportation of 
the alien and shall, after issuance of the deportation order, take the 
alien into custody until the alien is deported.
    ``(2) Any court of the United States shall have jurisdiction to 
review an order of deportation issued under paragraph (1) in any case 
where the petitioner for review is outside the United States. Any alien 
for whom an order of deportation has been vacated under this paragraph 
shall be issued a valid visa and admitted to the United States to the 
status held by the alien before deportation.''.

SEC. 107. COLLATERAL ATTACKS ON UNDERLYING DEPORTATION ORDER.

    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 any criminal proceeding under this section, no alien may 
challenge the validity of the deportation order described in subsection 
(a)(1) or subsection (b).''.

SEC. 108. RESTRICTION ON ASYLUM FOR CRIMINAL ALIENS.

    (a) In General.--Section 208 of the Immigration and Nationality Act 
(8 U.S.C. 1158) is amended by adding at the end the following new 
subsections:
    ``(f) Notwithstanding subsection (a), an alien may only be granted 
asylum under this section if the alien claims asylum within 15 days of 
the alien's entry into the United States, unless the alien establishes 
by clear and convincing evidence that since the date of entry into the 
United States circumstances have changed in the alien's country of 
nationality (or, in the case of a person having no nationality, the 
country in which such alien last habitually resided) such that, if the 
alien returned to the country, it is more likely than not that the 
alien would be arrested or incarcerated or the alien's life would be 
threatened in such country on account of race, religion, nationality, 
membership in a particular social group, or political opinion.
    ``(g) An alien is not eligible for asylum under this section if the 
Attorney General determines that--
            ``(1) the alien ordered, incited, assisted, or otherwise 
        participated in the persecution of any person on account of 
        race, religion, nationality, membership in a particular social 
        group, or political opinion;
            ``(2) the alien, having been convicted by a final judgment 
        of a particularly serious crime, constitutes a danger to the 
        community of the United States;
            ``(3) there are serious reasons for believing that the 
        alien has committed a serious nonpolitical crime outside the 
        United States prior to the arrival of the alien in the United 
        States;
            ``(4) there are reasonable grounds for regarding the alien 
        as a danger to the security of the United States; or
            ``(5) a country willing to accept the alien has been 
        identified (other than the country described in subsection (f)) 
        to which the alien can be deported or returned and the alien 
        does not establish that it is more likely than not that the 
        alien would be arrested or incarcerated or the alien's life 
        would be threatened in such country on account of race, 
        religion, nationality, membership in a particular social group, 
        or political opinion.
For purposes of paragraph (2), an alien who has been convicted of a 
felony shall be considered to have committed a particularly serious 
crime. The Attorney General shall prescribe regulations that specify 
additional crimes that will be considered to be a crime described in 
paragraph (2) or (3).''.
    (b) Conforming Amendment.--Section 208(a) of such Act (8 U.S.C. 
1158(a)) is amended by inserting ``, except as provided in subsection 
(g),'' after ``asylum, and''.

SEC. 109. FEDERAL INCARCERATION.

    Section 242(j)(1)(B) of the Immigration and Nationality Act (8 
U.S.C. 1252(j)) is amended by inserting ``for a determinate term of 
imprisonment'' after ``the alien''.

SEC. 110. FORM OF DEPORTATION HEARINGS.

    Section 242(b) of the Immigration and Nationality Act (8 U.S.C. 
1252(b)) is amended by inserting after the second sentence the 
following new sentence: ``Nothing in the preceding sentence precludes 
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.''.

SEC. 111. CONSTRUCTION OF EXPEDITED DEPORTATION REQUIREMENTS.

    No amendment made by this Act may be construed to create any 
substantive or procedural right or benefit that is legally enforceable 
by any party against the United States, its agencies or officers, or 
against any other person.

   TITLE II--LOCAL COOPERATION WITH FEDERAL OFFICIALS AND PROCEDURES

SEC. 201. FUNDING BASED ON COOPERATION.

    (a) State and Local Cooperation.--Notwithstanding any law, 
ordinance, or regulation of any State or subdivision thereof to the 
contrary, officials of any State or local government or agency, upon 
the request of any duly authorized official of the Immigration and 
Naturalization Service, shall provide information regarding the 
identification, location, arrest, prosecution, detention, and 
deportation of an alien or aliens who are not lawfully present in the 
United States.
    (b) Report.--Not later than 6 months after the date of enactment of 
this Act, the Attorney General and the Commissioner of Immigration and 
Naturalization shall jointly report to the Congress and the President 
on the extent to which State and local governments are not cooperating 
with the Immigration and Naturalization Service. This report shall 
identify any State or local governments that have adopted laws, 
policies, or practices of noncooperation with the Immigration and 
Naturalization Service, the specific nature of those laws, policies or 
practices, and their impact on the enforcement of the immigration laws.
    (c) Funding Based on Cooperation.--No State or local government or 
agency which has been identified in the Attorney General's report 
required by subsection (b), which has a policy or practice of refusing 
to cooperate with the Immigration and Naturalization Service regarding 
the identification, location, arrest, prosecution, detention, or 
deportation of aliens who are not lawfully present in the United 
States, shall be eligible for any Federal funds from appropriations 
made pursuant to a provision of the Violent Crime Control and Law 
Enforcement Act of 1994 or of an amendment made by authorizing 
appropriations, as long as such policy or practice remains in effect.

SEC. 202. PRODUCTION OF CRIMINAL RECORDS.

    Section 503(a)(11) of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3753(a)) is amended by inserting ``or any 
political subdivision thereof'' after ``State'' the second, third, and 
fourth occurrence thereof.

                        TITLE III--MISCELLANEOUS

SEC. 301. DETENTION OF UNDOCUMENTED CRIMINAL ALIENS AT MILITARY 
              INSTALLATIONS TO BE CLOSED.

    (a) In General.--(1) Notwithstanding any other provision of law, 
the Secretary of Defense shall make available to the Attorney General 
for the purpose referred to in paragraph (2) any military installation 
of the Department of Defense that--
            (A) is approved for closure under a base closure law; and
            (B) is jointly determined by the Secretary and the Attorney 
        General to be an appropriate facility for the detention of 
        undocumented aliens.
    (2) The Attorney General shall use facilities made available to the 
Attorney General under this paragraph for the detention of undocumented 
criminal aliens.
    (b) Definitions.--In this section:
            (1) The term ``approved for closure under a base closure 
        law'', in the case of a military installation, means any 
        installation whose closure under a base closure law is 
        recommended by the President and not disapproved by Congress in 
        accordance with the provisions of such law.
            (2) The term ``base closure law'' means the following:
                    (A) The Defense Base Closure and Realignment Act of 
                1990 (part A of title XXIX of Public Law 102-510; 10 
                U.S.C. 2687 note).
                    (B) Title II of the Defense Authorization 
                Amendments and Base Closure and Realignment Act (Public 
                Law 100-526; 10 U.S.C. 2687 note).
            (3) 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, or
                    (ii) was the subject of exclusion or deportation 
                proceedings at the time he or she was taken into 
                custody by the State.

SEC. 302. AUTHORIZING REGISTRATION OF ALIENS ON CRIMINAL PROBATION OR 
              CRIMINAL PAROLE.

    Section 263(a) of the Immigration and Nationality Act (8 U.S.C. 
1303(a)) is amended by striking ``and (5)'' and inserting ``(5) aliens 
who are or have been on criminal probation or criminal parole within 
the United States, and (6)''.

SEC. 303. ADMISSIBLE EVIDENCE BEFORE A SPECIAL INQUIRY OFFICER.

    In any proceeding under the Immigration and Nationality Act before 
a special inquiry officer, such documents and records as are described 
in section 3.41 of title 8, Code of Federal Regulations, as in effect 
on the date of enactment of this Act, may be admissible as evidence of 
a criminal conviction.
                                 <all>