[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3664 Introduced in House (IH)]







                                    


106th CONGRESS
  2d Session
                                H. R. 3664

    To amend the Immigration and Nationality Act to provide for the 
 deferral of removal and detention of certain aliens awaiting trial on 
       Federal or State criminal charges, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 15, 2000

  Mr. Salmon introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To amend the Immigration and Nationality Act to provide for the 
 deferral of removal and detention of certain aliens awaiting trial on 
       Federal or State criminal charges, 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 ``Illegal Alien Prosecution Act of 
2000''.

SEC. 2. DEFERRAL OF REMOVAL AND DETENTION OF ALIENS ORDERED REMOVED AND 
              ACCUSED OF CRIMES.

    Section 241(a) of the Immigration and Nationality Act (8 U.S.C. 
1231(a)) is amended--
            (1) by redesignating paragraph (7) as paragraph (8); and
            (2) by inserting after paragraph (6) the following:
            ``(7) Deferral of removal and detention of aliens accused 
        of crimes and awaiting prosecution.--
                    ``(A) Serious violent felonies.--
                            ``(i) Deferral of removal.--At the request 
                        of Federal or State criminal justice officials, 
                        the Attorney General shall defer removal of an 
                        alien who is ordered removed, is inadmissible 
                        under section 212(a)(6)(A), and is awaiting 
                        trial for a serious violent felony (as defined 
                        in section 3559(c)(2)(F) of title 18, United 
                        States Code), pending the conclusion of the 
                        prosecution of the alien for the felony.
                            ``(ii) Detention.--If an alien described in 
                        clause (i) is released on bail or on personal 
                        recognizance, the Attorney General shall take 
                        into custody and detain the alien, regardless 
                        of whether a request described in such clause 
                        has been made, until the alien is removed or 
                        released into the custody of Federal or State 
                        criminal justice officials.
                    ``(B) Other crimes.--
                            ``(i) Deferral of removal.--At the request 
                        of Federal or State criminal justice officials, 
                        the Attorney General may defer removal of an 
                        alien who is ordered removed, is inadmissible 
                        under section 212(a)(6)(A), and is awaiting 
                        trial for a crime (other than a crime described 
                        in subparagraph (A)), pending the conclusion of 
                        the prosecution of the alien for the crime.
                            ``(ii) Detention.--If an alien described in 
                        clause (i) is released on bail or on personal 
                        recognizance, and the alien's removal is 
                        deferred under such clause, the Attorney 
                        General shall take into custody and detain the 
                        alien until the alien is removed or released 
                        into the custody of Federal or State criminal 
                        justice officials.''.

SEC. 3. DETENTION OF ALIENS IN REMOVAL PROCEEDINGS AND ACCUSED OF 
              SERIOUS VIOLENT FELONIES.

    Section 236(c)(1) of the Immigration and Nationality Act (8 U.S.C. 
1226(c)(1)) is amended by adding at the end the following: ``The 
Attorney General shall take into custody and detain an alien who is 
described in subsection (a), may be inadmissible under section 
212(a)(6)(A), is awaiting trial for a serious violent felony (as 
defined in section 3559(c)(2)(F) of title 18, United States Code), and 
has been released on bail or on personal recognizance, pending the 
conclusion of the prosecution of the alien for the felony or the 
imprisonment of the alien for the felony.''.

SEC. 4. TREATMENT OF ARRIVING ALIENS.

    (a) Inspection of Applicants for Admission.--Section 235(b) of the 
Immigration and Nationality Act (8 U.S.C. 1225(b)) is amended by adding 
at the end the following:
            ``(4) Inspection of certain aliens subject to arrest and 
        prosecution.--In the case of an alien who is an applicant for 
        admission, at the request of Federal or State criminal justice 
        officials, the Attorney General may detain an alien who is 
        subject to a warrant for arrest and release the alien into the 
        custody of Federal or State criminal justice officials pending 
        the conclusion of a prosecution or imprisonment of the alien 
        for a violation of a criminal law of the United States or of 
        any State.''.
    (b) Removal of Aliens Arriving at Port of Entry.--Section 
241(c)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 
1231(c)(2)(A)) is amended--
            (1) in clause (i), by striking ``or'';
            (2) in clause (ii), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding after clause (ii) the following:
                            ``(iii) the alien is subject to a warrant 
                        of arrest for a violation of a criminal law of 
                        the United States or of any State.''.
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