[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5379 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 5379

To amend the Immigration and Nationality Act to clarify the provisions 
applicable to arrest, detention, and release of criminal aliens pending 
                           removal decisions.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 4, 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 clarify the provisions 
applicable to arrest, detention, and release of criminal aliens pending 
                           removal decisions.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. 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--
                    (A) 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--'';
                    (B) in subparagraph (D), by striking the comma at 
                the end and inserting a period; and
                    (C) 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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