109 HR 4032 IH: To amend the Immigration and Nationality Act to remove the discretion of the Secretary of Homeland Security with respect to expedited removal under section 235(b)(1)(A)(iii)(I) of such Act and to amend the Truth in Lending Act to prohibit issuance of residential mortgages to illegal aliens. U.S. House of Representatives 2005-10-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 109th CONGRESS 1st Session H. R. 4032 IN THE HOUSE OF REPRESENTATIVES October 7, 2005 Mr. Doolittle introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Immigration and Nationality Act to remove the discretion of the Secretary of Homeland Security with respect to expedited removal under section 235(b)(1)(A)(iii)(I) of such Act and to amend the Truth in Lending Act to prohibit issuance of residential mortgages to illegal aliens.

1.

Removal of discretion to order expedited removal

Section 235(b)(1)(A)(iii)(I) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(A)(iii)(I)) is amended to read as follows: (I)

In general

The Secretary of Homeland Security shall apply clauses (i) and (ii) of this subparagraph to all aliens described in subclause (II), except that if the Secretary, after consulting with appropriate Federal, State, or local law enforcement agencies, determines that the alien will be detained under the authority of such an agency, the Secretary may not remove the alien until such detention terminates..

2.

Residential mortgages prohibited for aliens residing in the United States unlawfully

(a)

In general

Chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended by adding at the end the following new section:

140.

Residential mortgages prohibited for aliens residing in the United States unlawfully

Notwithstanding any provision of State law, no credit may be extended by any creditor to any alien unlawfully residing in the United States in any consumer credit transaction in which a security interest, including any such interest arising by operation of law, is or will be retained or acquired in any property located within the United States which is used as a residence of such alien.

. (b)

Clerical amendment

The table of sections for chapter 2 of the Truth in Lending Act is amended by inserting after the item relating to section 139 the following new item: 140. Mortgages prohibited for aliens residing in the United States unlawfully.