[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5750 Introduced in House (IH)]






107th CONGRESS
  2d Session
                                H. R. 5750

     To amend the Immigration and Nationality Act to eliminate the 
restriction on judicial review of detention and release determinations 
and to provide a right to a bond hearing before an immigration judge to 
         all aliens in removal and summary removal proceedings.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 14, 2002

Mrs. Meek of Florida introduced the following bill; which was referred 
                   to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
     To amend the Immigration and Nationality Act to eliminate the 
restriction on judicial review of detention and release determinations 
and to provide a right to a bond hearing before an immigration judge to 
         all aliens in removal and summary removal proceedings.

    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 ``Immigration Bond Fairness Act of 
2002''.

SEC. 2. RIGHTS RELATING TO DETENTION AND RELEASE.

    (a) Eliminating Limitation on Judicial Review.--Section 236 of the 
Immigration and Nationality Act (8 U.S.C. 1226) is amended by striking 
subsection (e).
    (b) Right to Immigration Bond Hearing.--Such section 236 is further 
amended by adding at the end the following new subsection:
    ``(e) Immigration Bond Hearings.--
            ``(1) Right to hearing.--Any alien in removal or summary 
        removal proceedings (including an inspection under section 
        235(b)(1)(A)), whether charged as inadmissible or deportable, 
        shall have the right to a bond hearing before an immigration 
        judge on the alien's continued detention by the Attorney 
        General.
            ``(2) Criteria in hearing.--The criteria for such a bond 
        hearing shall be governed by principles that allow for bond 
        except in circumstances where--
                    ``(A) the alien is a danger to society;
                    ``(B) the alien is a threat to national security; 
                or
                    ``(C) the alien is likely to abscond and no other 
                measures would assure the alien's appearance.
            ``(3) Limitation on automatic stay.--The Attorney General 
        may not, by regulation or otherwise, obtain an automatic stay 
        of an alien's release from detention where an immigration judge 
        has issued a decision providing for release.''.
    (c) Conforming Amendment.--Section 235(b)(1)(A)(i) of such Act (8 
U.S.C. 1225(b)(1)(A)(i)) is amended by inserting ``subject to section 
236(g),'' after ``212(a)(7),''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and the amendment made 
by subsection (b) shall apply to all aliens in removal or summary 
removal proceedings who are in detention on or after such date.
                                 <all>