[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3115 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 3115

To prevent a State or unit of local government from using Federal funds 
to assist prosecutors unless the State or unit provides information to 
the Department of Homeland Security on individuals convicted of crimes 
for use by the Department in identifying immigration violations by such 
                  individuals, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 17, 2003

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

_______________________________________________________________________

                                 A BILL


 
To prevent a State or unit of local government from using Federal funds 
to assist prosecutors unless the State or unit provides information to 
the Department of Homeland Security on individuals convicted of crimes 
for use by the Department in identifying immigration violations by such 
                  individuals, 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. PROHIBITION ON USE OF FEDERAL FUNDS TO ASSIST PROSECUTORS.

    A State or unit of local government may not use, for the benefit of 
State or local prosecutors, any portion of any Federal funds unless the 
State or unit--
            (1) for each conviction of a person obtained by that State 
        or unit, provides the Department of Homeland Security with 
        information adequate for the Department to use in determining 
        whether the person is lawfully present in the United States; 
        and
            (2) for each person determined by the Department of 
        Homeland Security pursuant to paragraph (1) to be unlawfully 
        present in the United States, transfers custody of that person 
        to the Department not later than--
                    (A) the date on which that person's term of 
                imprisonment expires, if a term of imprisonment is 
                imposed; or
                    (B) the date of the person's sentencing, if a term 
                of imprisonment is not imposed.

SEC. 2. DETENTION OF CRIMINAL ALIENS.

    Section 236(c)(1) of the Immigration and Nationality Act (8 U.S.C. 
1226(c)(1)) is amended--
            (1) in subparagraph (C), by striking ``or'';
            (2) in subparagraph (D), by adding ``or'' at the end; and
            (3) by inserting after subparagraph (D) the following:
                    ``(E) has been convicted of any Federal or State 
                offense and is deportable on any ground,''.

SEC. 3. EXPEDITED REMOVAL OF INADMISSIBLE CRIMINAL ALIENS.

    (a) In General.--Section 238 of the Immigration and Nationality Act 
(8 U.S.C. 1228) is amended--
            (1) by amending the section heading to read as follows: 
        ``EXPEDITED REMOVAL OF ALIENS CONVICTED OF CRIMES'';
            (2) in the first sentence of subsection (a)(1), by striking 
        ``covered in'' through ``241(a)(2)(A)(i)'';
            (3) in subsection (a)(3)--
                    (A) by striking ``an aggravated felony'' and 
                inserting ``a crime''; and
                    (B) by striking ``aggravated felony.'' and 
                inserting ``crime.''; and
            (4) in subsection (c)(2)(B), by striking ``the crime or 
        crimes which make the defendant deportable under section 
        241(a)(2)(A).'' and inserting ``the ground or grounds for 
        removing the alien from the United States.''.
    (b) Clerical Amendment.--The table of contents of the Immigration 
and Nationality Act is amended by amending the item relating to section 
238 to read as follows:

``Sec. 238. Expedited removal of aliens convicted of crimes.''.
                                 <all>