[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1823 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1823

 To amend the Immigration and Nationality Act to improve communication 
  between the Secretary of Homeland Security and State and local law 
 enforcement officials regarding the treatment of aliens who have been 
ordered removed and also charged with an aggravated felony under State 
                                  law.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 31, 2009

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

_______________________________________________________________________

                                 A BILL


 
 To amend the Immigration and Nationality Act to improve communication 
  between the Secretary of Homeland Security and State and local law 
 enforcement officials regarding the treatment of aliens who have been 
ordered removed and also charged with an aggravated felony under State 
                                  law.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. REMOVAL OF ALIENS CHARGED WITH AGGRAVATED FELONY UNDER STATE 
              LAW.

    Section 241(a)(4) of the Immigration and Nationality Act (8 U.S.C. 
1231(a)(4)) is amended by adding at the end the following:
                    ``(E) Aliens charged with aggravated felony.--In 
                the case of an alien charged with an aggravated felony 
                under State law, the Secretary of Homeland Security 
                may, notwithstanding paragraph (1), stay the removal of 
                the alien pending disposition of the criminal charge if 
                the chief law enforcement officer or executive of the 
                State (or of a political subdivision of the State in 
                which the criminal charge is brought), exercising 
                authority with respect to public safety, submits a 
                written request for such action to the Secretary. If 
                the alien is sentenced to imprisonment on the charge, 
                subparagraphs (A) and (B) shall apply.''.
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