[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5293 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 5293

  To amend the Immigration and Nationality Act to improve provisions 
   relating to inadmissibility and detention of, and cancellation of 
 removal for, aliens who have committed crimes, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 26, 2000

Mr. Smith of Texas introduced the following bill; which was referred to 
                     the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend the Immigration and Nationality Act to improve provisions 
   relating to inadmissibility and detention of, and cancellation of 
 removal for, aliens who have committed crimes, 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. RENDERING ALIENS CONVICTED OF AN AGGRAVATED FELONY OR A 
              FIREARM OFFENSE INADMISSIBLE.

    (a) In General.--Section 212(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end 
the following:
                    ``(H) Aggravated felony.--
                            ``(i) In general.--Any alien who is 
                        convicted of an aggravated felony is 
                        inadmissible.
                            ``(ii) Waiver authorized.--Clause (i) shall 
                        not apply in the case of an alien with respect 
                        to a criminal conviction if the alien 
                        subsequent to the criminal conviction has been 
                        granted a full and unconditional pardon by the 
                        President of the United States or by the 
                        Governor of any of the several States.
                    ``(I) Certain firearm offenses.--Any alien who is 
                convicted under any law of purchasing, selling, 
                offering for sale, exchanging, using, owning, 
                possessing, or carrying, or of attempting or conspiring 
                to purchase, sell, offer for sale, exchange, use, own, 
                possess, or carry, any weapon, part, or accessory which 
                is a firearm or destructive device (as defined in 
                section 921(a) of title 18, United States Code) in 
                violation of any law is inadmissible.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to convictions entered on or after the date of the enactment of 
this Act.

SEC. 2. LIMITATION ON WAIVER OF INADMISSIBILITY FOR CRIMINAL ALIENS 
              UNLAWFULLY PRESENT IN THE UNITED STATES.

    (a) In General.--Section 212(h) of the Immigration and Nationality 
Act (8 U.S.C. 1182(h)) is amended by inserting before the final 
sentence the following:
``No waiver shall be granted under this subsection in the case of any 
alien who is present in the United States after the expiration of the 
period of stay authorized by the Attorney General or is present in the 
United States without being admitted or paroled if either the alien has 
been convicted of an aggravated felony committed in the United States 
or the alien has not resided continuously in the United States for a 
period of not less than 7 years immediately preceding the date of 
initiation of proceedings to remove the alien from the United 
States.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to waivers granted on or after the date of the enactment of this 
Act.

SEC. 3. INADMISSIBILITY AND INELIGIBILITY FOR FINDING OF GOOD MORAL 
              CHARACTER FOR ALIENS WHO MAKE MISREPRESENTATIONS TO 
              PROCURE BENEFITS FOR OTHERS.

    (a) Inadmissibility.--Section 212(a)(6)(C)(i) of the Immigration 
and Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)) is amended by striking 
``this Act'' and inserting ``this Act, for himself, herself, or any 
other alien,''.
    (b) Ineligibility for Finding of Good Moral Character.--Section 
101(f)(6) of the Immigration and Nationality Act (8 U.S.C. 1101(f)(6)) 
is amended to read as follows:
            ``(6) one who, by fraud or willfully misrepresenting a 
        material fact, has sought to procure or has procured a visa, 
        other documentation, or admission into the United States or 
        other benefit provided under this Act, for himself, herself, or 
        any other alien;''.
    (c) Effective Date.--The amendments made by this section shall 
apply to misrepresentations made on or after the date of the enactment 
of this Act.

SEC. 4. TERMINATION OF CONTINUOUS PRESENCE FOR PURPOSES OF CANCELLATION 
              OF REMOVAL UPON COMMISSION OF OFFENSE RENDERING ALIEN 
              INADMISSIBLE OR DEPORTABLE.

    (a) In General.--Section 240A(d)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1229b(d)(1)) is amended by striking 
``referred to in section 212(a)(2)''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to aliens who are in proceedings under the Immigration and 
Nationality Act on or after the date of the enactment of this Act if 
those proceedings have not resulted in a final administrative order 
before such date.

SEC. 5. DETENTION AND RELEASE OF CRIMINAL ALIENS PENDING REMOVAL 
              DECISION.

    (a) Arrest and Detention.--
            (1) In general.--Section 236(c)(1) of the Immigration and 
        Nationality Act (8 U.S.C. 1226(c)(1)) is amended--
            (1) by striking the matter preceding subparagraph (A) and 
        inserting the following:
            ``(1) Arrest and detention.--On a warrant issued by the 
        Attorney General, an alien shall be arrested and detained 
        pending a decision on whether the alien is to be removed from 
        the United States if the Attorney General alleges that the 
        alien--'';
            (2) in subparagraph (D), by striking the comma at the end 
        and inserting a period; and
            (3) by striking the matter following subparagraph (D) and 
        adding at the end the following:
        ``Nothing in this paragraph shall be construed as requiring the 
        Attorney General to arrest or detain an alien who is sentenced 
        to a term of imprisonment until the alien is released from 
        imprisonment, but parole, supervised release, probation, or 
        possibility of arrest or further imprisonment is not a reason 
        for the Attorney General to defer arrest and detention under 
        this paragraph.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall apply to aliens who are in proceedings under the 
        Immigration and Nationality Act on or after the date of the 
        enactment of this Act if those proceedings have not resulted in 
        a final administrative order before such date.
    (b) Release.--
            (1) In general.--Section 236(c)(2) of the Immigration and 
        Nationality Act (8 U.S.C. 1226(c)(2)) is amended by adding at 
        the end the following:
        ``The Attorney General may release an alien under this 
        paragraph only on bond of at least $2,000 with security 
        approved by, and containing conditions prescribed by, the 
        Attorney General.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply to releases occurring on or after the date of the 
        enactment of this Act.
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