[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6094 Engrossed in House (EH)]


  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  2d Session
                                H. R. 6094

_______________________________________________________________________

                                 AN ACT


 
  To restore the Secretary of Homeland Security's authority to detain 
dangerous aliens, to ensure the removal of deportable criminal aliens, 
                      and combat alien gang crime.

    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 ``Community Protection Act of 2006''.

             TITLE I--DANGEROUS ALIEN DETENTION ACT OF 2006

SEC. 101. DETENTION OF DANGEROUS ALIENS.

    Section 241(a) of the Immigration and Nationality Act (8 U.S.C. 
1231(a)) is amended--
            (1) by striking ``Attorney General'' each place it appears, 
        except for the first reference in paragraph (4)(B)(i), and 
        inserting ``Secretary of Homeland Security'';
            (2) in paragraph (1), by adding at the end of subparagraph 
        (B) the following:
                ``If, at that time, the alien is not in the custody of 
                the Secretary of Homeland Security (under the authority 
                of this Act), the Secretary shall take the alien into 
                custody for removal, and the removal period shall not 
                begin until the alien is taken into such custody. If 
                the Secretary transfers custody of the alien during the 
                removal period pursuant to law to another Federal 
                agency or a State or local government agency in 
                connection with the official duties of such agency, the 
                removal period shall be tolled, and shall begin anew on 
                the date of the alien's return to the custody of the 
                Secretary, subject to clause (ii).'';
            (3) by amending clause (ii) of paragraph (1)(B) to read as 
        follows:
                            ``(ii) If a court, the Board of Immigration 
                        Appeals, or an immigration judge orders a stay 
                        of the removal of the alien, the date the stay 
                        of removal is no longer in effect.'';
            (4) by amending paragraph (1)(C) to read as follows:
                    ``(C) Suspension of period.--The removal period 
                shall be extended beyond a period of 90 days and the 
                alien may remain in detention during such extended 
                period if the alien fails or refuses to make all 
                reasonable efforts to comply with the removal order, or 
                to fully cooperate with the Secretary of Homeland 
                Security's efforts to establish the alien's identity 
                and carry out the removal order, including making 
                timely application in good faith for travel or other 
                documents necessary to the alien's departure, or 
                conspires or acts to prevent the alien's removal 
                subject to an order of removal.'';
            (5) in paragraph (2), by adding at the end the following: 
        ``If a court, the Board of Immigration Appeals, or an 
        immigration judge orders a stay of removal of an alien who is 
        subject to an administratively final order of removal, the 
        Secretary, in the exercise of the Secretary's discretion, may 
        detain the alien during the pendency of such stay of 
        removal.'';
            (6) by amending paragraph (3)(D) to read as follows:
                    ``(D) to obey reasonable restrictions on the 
                alien's conduct or activities, or perform affirmative 
                acts, that the Secretary of Homeland Security 
                prescribes for the alien, in order to prevent the alien 
                from absconding, or for the protection of the 
                community, or for other purposes related to the 
                enforcement of the immigration laws.'';
            (7) in paragraph (6), by striking ``removal period and, if 
        released,'' and inserting ``removal period, in the discretion 
        of the Secretary of Homeland Security, without any limitations 
        other than those specified in this section, until the alien is 
        removed. If an alien is released, the alien''; and
            (8) by redesignating paragraph (7) as paragraph (10) and 
        inserting after paragraph (6) the following:
            ``(7) Parole.--If an alien detained pursuant to paragraph 
        (6) is an applicant for admission, the Secretary of Homeland 
        Security, in the Secretary's discretion, may parole the alien 
        under section 212(d)(5) and may provide, notwithstanding such 
        section, that the alien shall not be returned to custody unless 
        either the alien violates the conditions of the alien's parole 
        or the alien's removal becomes reasonably foreseeable, but in 
        no circumstance shall such alien be considered admitted.
            ``(8) Additional rules for detention or release of certain 
        aliens who have made an entry.--The following procedures apply 
        only with respect to an alien who has effected an entry into 
        the United States. These procedures do not apply to any other 
        alien detained pursuant to paragraph (6):
                    ``(A) Establishment of a detention review process 
                for aliens who fully cooperate with removal.--For an 
                alien who has made all reasonable efforts to comply 
                with a removal order and to cooperate fully with the 
                Secretary of Homeland Security's efforts to establish 
                the alien's identity and carry out the removal order, 
                including making timely application in good faith for 
                travel or other documents necessary to the alien's 
                departure, and has not conspired or acted to prevent 
                removal, the Secretary shall establish an 
                administrative review process to determine whether the 
                alien should be detained or released on conditions. The 
                Secretary shall make a determination whether to release 
                an alien after the removal period in accordance with 
                subparagraph (B). The determination shall include 
                consideration of any evidence submitted by the alien, 
                and may include consideration of any other evidence, 
                including any information or assistance provided by the 
                Secretary of State or other Federal official and any 
                other information available to the Secretary of 
                Homeland Security pertaining to the ability to remove 
                the alien.
                    ``(B) Authority to detain beyond the removal 
                period.--
                            ``(i) In general.--The Secretary of 
                        Homeland Security, in the exercise of the 
                        Secretary's discretion, without any limitations 
                        other than those specified in this section, may 
                        continue to detain an alien for 90 days beyond 
                        the removal period (including any extension of 
                        the removal period as provided in paragraph 
                        (1)(C)).
                            ``(ii) Specific circumstances.--The 
                        Secretary of Homeland Security, in the exercise 
                        of the Secretary's discretion, without any 
                        limitations other than those specified in this 
                        section, may continue to detain an alien beyond 
                        the 90 days authorized in clause (i)--
                                    ``(I) until the alien is removed, 
                                if the Secretary determines that there 
                                is a significant likelihood that the 
                                alien--
                                            ``(aa) will be removed in 
                                        the reasonably foreseeable 
                                        future; or
                                            ``(bb) would be removed in 
                                        the reasonably foreseeable 
                                        future, or would have been 
                                        removed, but for the alien's 
                                        failure or refusal to make all 
                                        reasonable efforts to comply 
                                        with the removal order, or to 
                                        cooperate fully with the 
                                        Secretary's efforts to 
                                        establish the aliens' identity 
                                        and carry out the removal 
                                        order, including making timely 
                                        application in good faith for 
                                        travel or other documents 
                                        necessary to the alien's 
                                        departure, or conspiracies or 
                                        acts to prevent removal;
                                    ``(II) until the alien is removed, 
                                if the Secretary of Homeland Security 
                                certifies in writing--
                                            ``(aa) in consultation with 
                                        the Secretary of Health and 
                                        Human Services, that the alien 
                                        has a highly contagious disease 
                                        that poses a threat to public 
                                        safety;
                                            ``(bb) after receipt of a 
                                        written recommendation from the 
                                        Secretary of State, that 
                                        release of the alien is likely 
                                        to have serious adverse foreign 
                                        policy consequences for the 
                                        United States;
                                            ``(cc) based on information 
                                        available to the Secretary of 
                                        Homeland Security (including 
                                        classified, sensitive, or 
                                        national security information, 
                                        and without regard to the 
                                        grounds upon which the alien 
                                        was ordered removed), that 
                                        there is reason to believe that 
                                        the release of the alien would 
                                        threaten the national security 
                                        of the United States; or
                                            ``(dd) that the release of 
                                        the alien will threaten the 
                                        safety of the community or any 
                                        person, conditions of release 
                                        cannot reasonably be expected 
                                        to ensure the safety of the 
                                        community or any person, and 
                                        either (AA) the alien has been 
                                        convicted of one or more 
                                        aggravated felonies (as defined 
                                        in section 101(a)(43)(A)) or of 
                                        one or more crimes identified 
                                        by the Secretary of Homeland 
                                        Security by regulation, or of 
                                        one or more attempts or 
                                        conspiracies to commit any such 
                                        aggravated felonies or such 
                                        identified crimes, if the 
                                        aggregate term of imprisonment 
                                        for such attempts or 
                                        conspiracies is at least 5 
                                        years; or (BB) the alien has 
                                        committed one or more crimes of 
                                        violence (as defined in section 
                                        16 of title 18, United States 
                                        Code, but not including a 
                                        purely political offense) and, 
                                        because of a mental condition 
                                        or personality disorder and 
                                        behavior associated with that 
                                        condition or disorder, the 
                                        alien is likely to engage in 
                                        acts of violence in the future; 
                                        or
                                            ``(ee) that the release of 
                                        the alien will threaten the 
                                        safety of the community or any 
                                        person, conditions of release 
                                        cannot reasonably be expected 
                                        to ensure the safety of the 
                                        community or any person, and 
                                        the alien has been convicted of 
                                        at least one aggravated felony 
                                        (as defined in section 
                                        101(a)(43)); or
                                    ``(III) pending a determination 
                                under subclause (II), so long as the 
                                Secretary of Homeland Security has 
                                initiated the administrative review 
                                process not later than 30 days after 
                                the expiration of the removal period 
                                (including any extension of the removal 
                                period, as provided in subsection 
                                (a)(1)(C)).
                    ``(C) Renewal and delegation of certification.--
                            ``(i) Renewal.--The Secretary of Homeland 
                        Security may renew a certification under 
                        subparagraph (B)(ii)(II) every 6 months without 
                        limitation, after providing an opportunity for 
                        the alien to request reconsideration of the 
                        certification and to submit documents or other 
                        evidence in support of that request. If the 
                        Secretary does not renew a certification, the 
                        Secretary may not continue to detain the alien 
                        under subparagraph (B)(ii)(II).
                            ``(ii) Delegation.--Notwithstanding section 
                        103, the Secretary of Homeland Security may not 
                        delegate the authority to make or renew a 
                        certification described in item (bb), (cc), or 
                        (ee) of subparagraph (B)(ii)(II) below the 
                        level of the Assistant Secretary for 
                        Immigration and Customs Enforcement.
                            ``(iii) Hearing.--The Secretary of Homeland 
                        Security may request that the Attorney General 
                        or the Attorney General's designee provide for 
                        a hearing to make the determination described 
                        in item (dd)(BB) of subparagraph (B)(ii)(II).
                    ``(D) Release on conditions.--If it is determined 
                that an alien should be released from detention, the 
                Secretary of Homeland Security, in the exercise of the 
                Secretary's discretion, may impose conditions on 
                release as provided in paragraph (3).
                    ``(E) Redetention.--The Secretary of Homeland 
                Security, in the exercise of the Secretary's 
                discretion, without any limitations other than those 
                specified in this section, may again detain any alien 
                subject to a final removal order who is released from 
                custody if the alien fails to comply with the 
                conditions of release, or to continue to satisfy the 
                conditions described in subparagraph (A), or if, upon 
                reconsideration, the Secretary determines that the 
                alien can be detained under subparagraph (B). 
                Paragraphs (6) through (8) shall apply to any alien 
                returned to custody pursuant to this subparagraph, as 
                if the removal period terminated on the day of the 
                redetention.
                    ``(F) Certain aliens who effected entry.--If an 
                alien has effected an entry, but has neither been 
                lawfully admitted nor has been physically present in 
                the United States continuously for the 2-year period 
                immediately prior to the commencement of removal 
                proceedings under this Act or deportation proceedings 
                against the alien, the Secretary of Homeland Security, 
                in the exercise of the Secretary's discretion, may 
                decide not to apply paragraph (8) and detain the alien 
                without any limitations except those which the 
                Secretary shall adopt by regulation.
            ``(9) Judicial review.--Without regard to the place of 
        confinement, judicial review of any action or decision pursuant 
        to paragraphs (6), (7), or (8) shall be available exclusively 
        in habeas corpus proceedings instituted in the United States 
        District Court for the District of Columbia, and only if the 
        alien has exhausted all administrative remedies (statutory and 
        regulatory) available to the alien as of right.''.

SEC. 102. DETENTION OF ALIENS DURING REMOVAL PROCEEDINGS.

    (a) Detention Authority.--Section 235 of the Immigration and 
Nationality Act (8 U.S.C. 1225) is amended by adding at the end the 
following:
    ``(e) Length of Detention.--
            ``(1) In general.--With regard to length of detention, an 
        alien may be detained under this section, without limitation, 
        until the alien is subject to an administratively final order 
        of removal.
            ``(2) Construction.--The length of detention under this 
        section shall not affect the validity of any detention under 
        section 241.
    ``(f) Judicial Review.--Without regard to the place of confinement, 
judicial review of any action or decision made pursuant to subsection 
(e) shall be available exclusively in a habeas corpus proceeding 
instituted in the United States District Court for the District of 
Columbia and only if the alien has exhausted all administrative 
remedies (statutory and nonstatutory) available to the alien as of 
right.''.
    (b) Judicial Review.--Section 236(e) of such Act (8 U.S.C. 1226(e)) 
is amended by adding at the end the following: ``Without regard to the 
place of confinement, judicial review of any action or decision made 
pursuant to subsection (f) shall be available exclusively in a habeas 
corpus proceeding instituted in the United States District Court for 
the District of Columbia and only if the alien has exhausted all 
administrative remedies (statutory and nonstatutory) available to the 
alien as of right.''.
    (c) Length of Detention.--Section 236 of such Act (8 U.S.C. 1226) 
is amended by adding at the end the following:
    ``(f) Length of Detention.--
            ``(1) In general.--With regard to length of detention, an 
        alien may be detained under this section, without limitation, 
        until the alien is subject to an administratively final order 
        of removal.
            ``(2) Construction.--The length of detention under this 
        section shall not affect the validity of any detention under 
        section 241 of this Act.''.

SEC. 103. SEVERABILITY.

    If any provision of this title, or any amendment made by this 
title, or the application of any such provision to any person or 
circumstance, is held to be invalid for any reason, the remainder of 
this title, and of the amendments made by this title, and the 
application of the provisions and of the amendments made by this title 
to any other person or circumstance, shall not be affected by such 
holding.

SEC. 104. EFFECTIVE DATES.

    (a) Section 101.--The amendments made by section 101 shall take 
effect on the date of the enactment of this Act, and section 241 of the 
Immigration and Nationality Act, as amended, shall apply to--
            (1) all aliens subject to a final administrative removal, 
        deportation, or exclusion order that was issued before, on, or 
        after the date of the enactment of this Act; and
            (2) acts and conditions occurring or existing before, on, 
        or after the date of the enactment of this Act.
    (b) Section 102.--The amendments made by section 102 shall take 
effect upon the date of the enactment of this Act, and sections 235 and 
236 of the Immigration and Nationality Act, as amended, shall apply to 
any alien in detention under provisions of such sections on or after 
the date of the enactment of this Act.

                  TITLE II--CRIMINAL ALIEN REMOVAL ACT

SEC. 201. EXPEDITED REMOVAL FOR ALIENS INADMISSIBLE ON CRIMINAL 
              GROUNDS.

    (a) In General.--Section 238(b) of the Immigration and Nationality 
Act (8 U.S.C. 1228(b)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``Attorney General'' and inserting 
                ``Secretary of Homeland Security in the exercise of 
                discretion''; and
                    (B) by striking ``set forth in this subsection or'' 
                and inserting ``set forth in this subsection, in lieu 
                of removal proceedings under'';
            (2) in paragraph (3), by striking ``paragraph (1) until 14 
        calendar days'' and inserting ``paragraph (1) or (3) until 7 
        calendar days'';
            (3) by striking ``Attorney General'' each place it appears 
        in paragraphs (3) and (4) and inserting ``Secretary of Homeland 
        Security'';
            (4) in paragraph (5)--
                    (A) by striking ``described in this section'' and 
                inserting ``described in paragraph (1) or (2)''; and
                    (B) by striking ``the Attorney General may grant in 
                the Attorney General's discretion'' and inserting ``the 
                Secretary of Homeland Security or the Attorney General 
                may grant, in the discretion of the Secretary or 
                Attorney General, in any proceeding'';
            (5) by redesignating paragraphs (3), (4), and (5) as 
        paragraphs (4), (5), and (6), respectively; and
            (6) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) The Secretary of Homeland Security in the exercise of 
        discretion may determine inadmissibility under section 
        212(a)(2) (relating to criminal offenses) and issue an order of 
        removal pursuant to the procedures set forth in this 
        subsection, in lieu of removal proceedings under section 240, 
        with respect to an alien who--
                    ``(A) has not been admitted or paroled;
                    ``(B) has not been found to have a credible fear of 
                persecution pursuant to the procedures set forth in 
                section 235(b)(1)(B); and
                    ``(C) is not eligible for a waiver of 
                inadmissibility or relief from removal.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act but shall not 
apply to aliens who are in removal proceedings under section 240 of the 
Immigration and Nationality Act as of such date.

               TITLE III--ALIEN GANG REMOVAL ACT OF 2006

SEC. 301. RENDERING INADMISSIBLE AND DEPORTABLE ALIENS PARTICIPATING IN 
              CRIMINAL STREET GANGS.

    (a) Inadmissible.--Section 212(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end 
the following:
                    ``(J) Criminal street gang participation.--
                            ``(i) In general.--Any alien is 
                        inadmissible if--
                                    ``(I) the alien has been removed 
                                under section 237(a)(2)(F); or
                                    ``(II) the consular officer or the 
                                Secretary of Homeland Security knows, 
                                or has reasonable ground to believe 
                                that the alien--
                                            ``(aa) is a member of a 
                                        criminal street gang and has 
                                        committed, conspired, or 
                                        threatened to commit, or seeks 
                                        to enter the United States to 
                                        engage solely, principally, or 
                                        incidentally in, a gang crime 
                                        or any other unlawful activity; 
                                        or
                                            ``(bb) is a member of a 
                                        criminal street gang designated 
                                        under section 219A.
                            ``(ii) Definitions.--For purposes of this 
                        subparagraph:
                                    ``(I) Criminal street gang.--The 
                                term `criminal street gang' means a 
                                formal or informal group or association 
                                of 3 or more individuals, who commit 2 
                                or more gang crimes (one of which is a 
                                crime of violence, as defined in 
                                section 16 of title 18, United States 
                                Code) in 2 or more separate criminal 
                                episodes in relation to the group or 
                                association.
                                    ``(II) Gang crime.--The term `gang 
                                crime' means conduct constituting any 
                                Federal or State crime, punishable by 
                                imprisonment for one year or more, in 
                                any of the following categories:
                                            ``(aa) A crime of violence 
                                        (as defined in section 16 of 
                                        title 18, United States Code).
                                            ``(bb) A crime involving 
                                        obstruction of justice, 
                                        tampering with or retaliating 
                                        against a witness, victim, or 
                                        informant, or burglary.
                                            ``(cc) A crime involving 
                                        the manufacturing, importing, 
                                        distributing, possessing with 
                                        intent to distribute, or 
                                        otherwise dealing in a 
                                        controlled substance or listed 
                                        chemical (as those terms are 
                                        defined in section 102 of the 
                                        Controlled Substances Act (21 
                                        U.S.C. 802)).
                                            ``(dd) Any conduct 
                                        punishable under section 844 of 
                                        title 18, United States Code 
                                        (relating to explosive 
                                        materials), subsection (d), 
                                        (g)(1) (where the underlying 
                                        conviction is a violent felony 
                                        (as defined in section 
                                        924(e)(2)(B) of such title) or 
                                        is a serious drug offense (as 
                                        defined in section 
                                        924(e)(2)(A)), (i), (j), (k), 
                                        (o), (p), (q), (u), or (x) of 
                                        section 922 of such title 
                                        (relating to unlawful acts), or 
                                        subsection (b), (c), (g), (h), 
                                        (k), (l), (m), or (n) of 
                                        section 924 of such title 
                                        (relating to penalties), 
                                        section 930 of such title 
                                        (relating to possession of 
                                        firearms and dangerous weapons 
                                        in Federal facilities), section 
                                        931 of such title (relating to 
                                        purchase, ownership, or 
                                        possession of body armor by 
                                        violent felons), sections 1028 
                                        and 1029 of such title 
                                        (relating to fraud and related 
                                        activity in connection with 
                                        identification documents or 
                                        access devices), section 1952 
                                        of such title (relating to 
                                        interstate and foreign travel 
                                        or transportation in aid of 
                                        racketeering enterprises), 
                                        section 1956 of such title 
                                        (relating to the laundering of 
                                        monetary instruments), section 
                                        1957 of such title (relating to 
                                        engaging in monetary 
                                        transactions in property 
                                        derived from specified unlawful 
                                        activity), or sections 2312 
                                        through 2315 of such title 
                                        (relating to interstate 
                                        transportation of stolen motor 
                                        vehicles or stolen property).
                                            ``(ee) Any conduct 
                                        punishable under section 274 
                                        (relating to bringing in and 
                                        harboring certain aliens), 
                                        section 277 (relating to aiding 
                                        or assisting certain aliens to 
                                        enter the United States), or 
                                        section 278 (relating to 
                                        importation of alien for 
                                        immoral purpose) of this 
                                        Act.''.
    (b) Deportable.--Section 237(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end 
the following:
                    ``(F) Criminal street gang participation.--
                            ``(i) In general.--Any alien is deportable 
                        who--
                                    ``(I) is a member of a criminal 
                                street gang and is convicted of 
                                committing, or conspiring, threatening, 
                                or attempting to commit, a gang crime; 
                                or
                                    ``(II) is determined by the 
                                Secretary of Homeland Security to be a 
                                member of a criminal street gang 
                                designated under section 219A.
                            ``(ii) Definitions.--For purposes of this 
                        subparagraph, the terms `criminal street gang' 
                        and `gang crime' have the meaning given such 
                        terms in section 212(a)(2)(J)(ii).''.
    (c) Designation of Criminal Street Gangs.--
            (1) In general.--Chapter 2 of title II of the Immigration 
        and Nationality Act (8 U.S.C. 1181 et seq.) is amended by 
        adding at the end the following:

                 ``designation of criminal street gangs

    ``Sec. 219A.  (a) Designation.--
            ``(1) In general.--The Attorney General is authorized to 
        designate a group or association as a criminal street gang in 
        accordance with this subsection if the Attorney General finds 
        that the group or association meets the criteria described in 
        section 212(a)(2)(J)(ii)(I).
            ``(2) Procedure.--
                    ``(A) Notice.--
                            ``(i) To congressional leaders.--Seven days 
                        before making a designation under this 
                        subsection, the Attorney General shall, by 
                        classified communication, notify the Speaker 
                        and Minority Leader of the House of 
                        Representatives, the President pro tempore, 
                        Majority Leader, and Minority Leader of the 
                        Senate, and the members of the relevant 
                        committees of the House of Representatives and 
                        the Senate, in writing, of the intent to 
                        designate a group or association under this 
                        subsection, together with the findings made 
                        under paragraph (1) with respect to that group 
                        or association, and the factual basis therefor.
                            ``(ii) Publication in federal register.--
                        The Attorney shall publish the designation in 
                        the Federal Register seven days after providing 
                        the notification under clause (i).
                    ``(B) Effect of designation.--
                            ``(i) A designation under this subsection 
                        shall take effect upon publication under 
                        subparagraph (A)(ii).
                            ``(ii) Any designation under this 
                        subsection shall cease to have effect upon an 
                        Act of Congress disapproving such designation.
            ``(3) Record.--In making a designation under this 
        subsection, the Attorney General shall create an administrative 
        record.
            ``(4) Period of designation.--
                    ``(A) In general.--A designation under this 
                subsection shall be effective for all purposes until 
                revoked under paragraph (5) or (6) or set aside 
                pursuant to subsection (b).
                    ``(B) Review of designation upon petition.--
                            ``(i) In general.--The Attorney General 
                        shall review the designation of a criminal 
                        street gang under the procedures set forth in 
                        clauses (iii) and (iv) if the designated gang 
                        or association files a petition for revocation 
                        within the petition period described in clause 
                        (ii).
                            ``(ii) Petition period.--For purposes of 
                        clause (i)--
                                    ``(I) if the designated gang or 
                                association has not previously filed a 
                                petition for revocation under this 
                                subparagraph, the petition period 
                                begins 2 years after the date on which 
                                the designation was made; or
                                    ``(II) if the designated gang or 
                                association has previously filed a 
                                petition for revocation under this 
                                subparagraph, the petition period 
                                begins 2 years after the date of the 
                                determination made under clause (iv) on 
                                that petition.
                            ``(iii) Procedures.--Any criminal street 
                        gang that submits a petition for revocation 
                        under this subparagraph must provide evidence 
                        in that petition that the relevant 
                        circumstances described in paragraph (1) are 
                        sufficiently different from the circumstances 
                        that were the basis for the designation such 
                        that a revocation with respect to the gang is 
                        warranted.
                            ``(iv) Determination.--
                                    ``(I) In general.--Not later than 
                                180 days after receiving a petition for 
                                revocation submitted under this 
                                subparagraph, the Attorney General 
                                shall make a determination as to such 
                                revocation.
                                    ``(II) Publication of 
                                determination.--A determination made by 
                                the Attorney General under this clause 
                                shall be published in the Federal 
                                Register.
                                    ``(III) Procedures.--Any revocation 
                                by the Attorney General shall be made 
                                in accordance with paragraph (6).
                    ``(C) Other review of designation.--
                            ``(i) In general.--If in a 5-year period no 
                        review has taken place under subparagraph (B), 
                        the Attorney General shall review the 
                        designation of the criminal street gang in 
                        order to determine whether such designation 
                        should be revoked pursuant to paragraph (6).
                            ``(ii) Procedures.--If a review does not 
                        take place pursuant to subparagraph (B) in 
                        response to a petition for revocation that is 
                        filed in accordance with that subparagraph, 
                        then the review shall be conducted pursuant to 
                        procedures established by the Attorney General. 
                        The results of such review and the applicable 
                        procedures shall not be reviewable in any 
                        court.
                            ``(iii) Publication of results of review.--
                        The Attorney General shall publish any 
                        determination made pursuant to this 
                        subparagraph in the Federal Register.
            ``(5) Revocation by act of congress.--The Congress, by an 
        Act of Congress, may block or revoke a designation made under 
        paragraph (1).
            ``(6) Revocation based on change in circumstances.--
                    ``(A) In general.--The Attorney General may revoke 
                a designation made under paragraph (1) at any time, and 
                shall revoke a designation upon completion of a review 
                conducted pursuant to subparagraphs (B) and (C) of 
                paragraph (4) if the Attorney General finds that--
                            ``(i) the circumstances that were the basis 
                        for the designation have changed in such a 
                        manner as to warrant revocation; or
                            ``(ii) the national security of the United 
                        States warrants a revocation.
                    ``(B) Procedure.--The procedural requirements of 
                paragraphs (2) and (3) shall apply to a revocation 
                under this paragraph. Any revocation shall take effect 
                on the date specified in the revocation or upon 
                publication in the Federal Register if no effective 
                date is specified.
            ``(7) Effect of revocation.--The revocation of a 
        designation under paragraph (5) or (6) shall not affect any 
        action or proceeding based on conduct committed prior to the 
        effective date of such revocation.
            ``(8) Use of designation in hearing.--If a designation 
        under this subsection has become effective under paragraph 
        (2)(B) an alien in a removal proceeding shall not be permitted 
        to raise any question concerning the validity of the issuance 
        of such designation as a defense or an objection at any 
        hearing.
    ``(b) Judicial Review of Designation.--
            ``(1) In general.--Not later than 30 days after publication 
        of the designation in the Federal Register, a group or 
        association designated as a criminal street gang may seek 
        judicial review of the designation in the United States Court 
        of Appeals for the District of Columbia Circuit.
            ``(2) Basis of review.--Review under this subsection shall 
        be based solely upon the administrative record.
            ``(3) Scope of review.--The Court shall hold unlawful and 
        set aside a designation the court finds to be--
                    ``(A) arbitrary, capricious, an abuse of 
                discretion, or otherwise not in accordance with law;
                    ``(B) contrary to constitutional right, power, 
                privilege, or immunity;
                    ``(C) in excess of statutory jurisdiction, 
                authority, or limitation, or short of statutory right;
                    ``(D) lacking substantial support in the 
                administrative record taken as a whole; or
                    ``(E) not in accord with the procedures required by 
                law.
            ``(4) Judicial review invoked.--The pendency of an action 
        for judicial review of a designation shall not affect the 
        application of this section, unless the court issues a final 
        order setting aside the designation.
    ``(c) Relevant Committee Defined.--As used in this section, the 
term `relevant committees' means the Committees on the Judiciary of the 
House of Representatives and of the Senate.''.
            (2) Clerical amendment.--The table of contents for the 
        Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
        amended by inserting after the item relating to section 219 the 
        following:

``Sec. 219A. Designation of criminal street gangs.''.

SEC. 302. MANDATORY DETENTION OF SUSPECTED CRIMINAL STREET GANG 
              MEMBERS.

    (a) In General.--Section 236(c)(1)(D) of the Immigration and 
Nationality Act (8 U.S.C. 1226(c)(1)(D)) is amended--
            (1) by inserting ``or 212(a)(2)(J)'' after 
        ``212(a)(3)(B)''; and
            (2) by inserting ``or 237(a)(2)(F)'' before 
        ``237(a)(4)(B)''.
    (b) Annual Report.--Not later than March 1 of each year (beginning 
1 year after the date of the enactment of this Act), the Secretary of 
Homeland Security, after consultation with the appropriate Federal 
agencies, shall submit a report to the Committees on the Judiciary of 
the House of Representatives and of the Senate on the number of aliens 
detained under the amendments made by subsection (a).

SEC. 303. INELIGIBILITY FROM PROTECTION FROM REMOVAL AND ASYLUM.

    (a) Inapplicability of Restriction on Removal to Certain 
Countries.--Section 241(b)(3)(B) of the Immigration and Nationality Act 
(8 U.S.C. 1251(b)(3)(B)) is amended, in the matter preceding clause 
(i), by inserting ``who is described in section 212(a)(2)(J)(i) or 
section 237(a)(2)(F)(i) or who is'' after ``to an alien''.
    (b) Ineligibility for Asylum.--Section 208(b)(2)(A) of such Act (8 
U.S.C. 1158(b)(2)(A)) is amended--
            (1) in clause (v), by striking ``or'' at the end;
            (2) by redesignating clause (vi) as clause (vii); and
            (3) by inserting after clause (v) the following:
                            ``(vi) the alien is described in section 
                        212(a)(2)(J)(i) or section 237(a)(2)(F)(i) 
                        (relating to participation in criminal street 
                        gangs); or''.
    (c) Denial of Review of Determination of Ineligibility for 
Temporary Protected Status.--Section 244(c)(2) of such Act (8 U.S.C. 
1254(c)(2)) is amended by adding at the end the following:
                    ``(C) Limitation on judicial review.--There shall 
                be no judicial review of any finding under subparagraph 
                (B) that an alien is in described in section 
                208(b)(2)(A)(vi).''.

            Passed the House of Representatives September 21, 2006.

            Attest:

                                                                 Clerk.
109th CONGRESS

  2d Session

                               H. R. 6094

_______________________________________________________________________

                                 AN ACT

  To restore the Secretary of Homeland Security's authority to detain 
dangerous aliens, to ensure the removal of deportable criminal aliens, 
                      and combat alien gang crime.