[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5597 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5597

 To amend the Immigration and Nationality Act to render deportable all 
   aliens convicted of a criminal offense resulting in a sentence of 
                 incarceration, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 13, 2006

    Mr. Green of Wisconsin introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Immigration and Nationality Act to render deportable all 
   aliens convicted of a criminal offense resulting in a sentence of 
                 incarceration, 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. RENDERING DEPORTABLE ALL ALIENS SENTENCED TO INCARCERATION.

    Section 237(a)(2)(A) of the Immigration and Nationality Act (8 
U.S.C. 1227(a)(2)(A)) is amended--
            (1) by redesignating clause (v) as clause (vi); and
            (2) by inserting after clause (iv) the following:
                            ``(v) Sentenced to incarceration.--Any 
                        alien who is sentenced to a term of 
                        incarceration for a crime under State or 
                        Federal law is deportable.''.

SEC. 2. DETENTION OF ALIENS SENTENCED TO INCARCERATION.

    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'' at the end;
            (2) in subparagraph (D), by adding ``or'' at the end; and
            (3) by inserting after subparagraph (D) the following:
                    ``(E) is sentenced to a term of incarceration for a 
                crime under State or Federal law, and is deportable on 
                any ground,''.

SEC. 3. EXPEDITED REMOVAL OF ALIENS SENTENCED TO INCARCERATION.

    (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 sentenced to incarceration'';
            (2) in subsection (a)--
                    (A) by striking the subsection heading and 
                inserting: ``Expedited Removal From Correctional 
                Facilities.--'';
                    (B) in the first sentence of paragraph (1), by 
                striking ``criminal offense'' and all that follows 
                through the period at the end and inserting ``criminal 
                offense.'';
                    (C) in paragraph (2)--
                            (i) by striking ``an aggravated felony'' 
                        and inserting ``a crime''; and
                            (ii) by striking ``felon'' and inserting 
                        ``alien'';
                    (D) in paragraph (3)(A)--
                            (i) by striking ``an aggravated felony'' 
                        and inserting ``a crime''; and
                            (ii) by striking ``underlying aggravated 
                        felony.'' and inserting ``underlying crime.''; 
                        and
                    (E) in paragraph (4), by striking ``aggravated 
                felonies.'' and inserting ``crimes.'';
            (3) in subsection (b)--
                    (A) by striking the subsection heading and 
                inserting ``Expedited Removal of Aliens Who Are Not 
                Permanent Residents.--''; and
                    (B) in paragraph (1), by striking ``described in 
                paragraph (2),'' and all that follows through 
                ``felony)'' and inserting ``described in paragraph (2), 
                determine the deportability of the alien under clause 
                (iii) or (v) of section 237(a)(2)(A)'';
            (4) in the subsection (c) that relates to presumption of 
        deportability, by inserting ``or sentenced to a term of 
        incarceration for a crime under State or Federal law'' after 
        ``convicted of an aggravated felony'';
            (5) by redesignating the subsection (c) that relates to 
        judicial removal as subsection (d); and
            (6) in subsection (d) (as so redesignated), by striking 
        ``241(a)(2)(A).'' and inserting ``237(a)(2).''
    (b) Clerical Amendment.--The table of contents for 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 sentenced to incarceration.''.

SEC. 4. PROHIBITION ON USE OF FEDERAL FUNDS TO ASSIST INCARCERATION OF 
              CRIMINAL ALIENS.

    A State or unit of local government may not use, for the benefit of 
State or local incarceration of aliens convicted of a crime 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 Secretary of Homeland Security with 
        information adequate for the Secretary to use in determining 
        whether the person is lawfully present in the United States; 
        and
            (2) for each person determined by the Secretary of Homeland 
        Security pursuant to paragraph (1) to be unlawfully present in 
        the United States, transfers custody of that person to the 
        Secretary 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.
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