[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 173 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 173

To amend the Immigration and Nationality Act to revise amendments made 
  by the Illegal Immigration Reform and Immigrant Responsibility Act.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 19, 1999

 Mr. Moynihan 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 revise amendments made 
  by the Illegal Immigration Reform and Immigrant Responsibility Act.

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

SECTION 1. AMENDMENTS TO THE IMMIGRATION AND NATIONALITY ACT.

    (a) Cancellation of Removal.--
            (1) In general.--Section 240A(a)(3) of the Immigration and 
        Nationality Act (8 U.S.C. 1229b(a)(3)) is amended to read as 
        follows:
            ``(3) has not been convicted of any aggravated felony 
        punishable by imprisonment for a period of not less than five 
        years.''.
            (2) Termination of continuous period.--Section 240A(d)(1) 
        of that Act (8 U.S.C. 1229b(d)(1)) is amended by striking ``or 
        when'' and all that follows through ``earliest''.
    (b) Custody Rules.--
            (1) In general.--Section 236(c)(2) of the Immigration and 
        Nationality Act (8 U.S.C. 1226(c)(2)) is amended to read as 
        follows:
            ``(2) Release.--The Attorney General may release an alien 
        described in paragraph (1) only if the alien is an alien 
        described in subparagraph (A)(ii) or (iii) and--
                    ``(A) the alien was lawfully admitted to the United 
                States and satisfies the Attorney General that the 
                alien will not pose a danger to the safety of other 
                persons or of property and is likely to appear for any 
                scheduled proceeding; or
                    ``(B) the alien was not lawfully admitted to the 
                United States, cannot be removed because the designated 
                country of removal will not accept the alien, and 
                satisfies the Attorney General that the alien will not 
                pose a danger to the safety of other persons or of 
                property and is likely to appear for any scheduled 
                proceeding.''.
            (2) Repeal.--Section 303(b) of the Illegal Immigration 
        Reform and Immigrant Responsibility Act of 1996 is repealed.
    (c) Judicial Review.--Section 242(a)(2)(C) of the Immigration and 
Nationality Act (8 U.S.C. 1252(a)(2)(C)) is amended by striking ``no 
court shall have jurisdiction to review any'' and inserting ``a court 
of appeals for the judicial circuit in which a final order of removal 
was issued shall have jurisdiction to review the''.
    (d) Right to Counsel.--Section 292 of the Immigration and 
Nationality Act (8 U.S.C. 1362) is amended--
            (1) by striking ``In'' and inserting ``Except as provided 
        in paragraph (2), in''; and
            (2) by adding at the end the following:
            ``(2) In any removal proceedings before an immigration 
        judge and in any appeal proceedings before the Attorney General 
        from any such removal proceedings (in three designated 
        districts), the person concerned shall have the privilege of 
        being represented by court-appointed counsel who shall be paid 
        by the United States and who are authorized to practice in such 
        proceedings, as he shall choose.''.
    (e) Repeals.--The following provisions of the Immigration and 
Nationality Act are repealed:
            (1) Section 203(b)(5) (8 U.S.C. 1153(b)(5)).
            (2) Section 203(c) (8 U.S.C. 1153(c)).
            (3) Section 201(a)(3) and 201(e) (8 U.S.C. 1151(a)(3), 
        1151(e)).
            (4) Section 204(a)(1)(F) and (G) (8 U.S.C. 1154(a)(1)(F) 
        and (G)).
            (5) Section 216A (8 U.S.C. 1186b).
                                 <all>