I 111th CONGRESS 1st Session H. R. 1823 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.

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. .