I 112th CONGRESS 1st Session H. R. 2199 IN THE HOUSE OF REPRESENTATIVES June 15, 2011 Mr. Poe of Texas (for himself, Mr. Marchant, Mr. Westmoreland, Mrs. Ellmers, Mr. Pitts, Mr. Franks of Arizona, Mr. Pence, Mr. Flores, Mr. King of Iowa, Mr. Rooney, and Mr. Gingrey of Georgia) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To prohibit the issuance of certain visas to nationals of a country that denies or unreasonably delays the repatriation of a national ordered removed from the United States to such country, and for other purposes.

1.

Short title

This Act may be cited as the Deport Convicted Foreign Criminals Act.

2.

Discontinuing granting certain visas to nationals of country denying or delaying accepting aliens

(a)

Amendment

Section 243 of the Immigration and Nationality Act (8 U.S.C. 1253) is amended by striking subsection (d). (b)

Discontinuing Granting Certain Visas to Nationals of Country Denying or Delaying Accepting Alien

Section 241(b) of the Immigration and Nationality Act (8 U.S.C. 1231(b)) is amended by adding at the end the following: (4)

Discontinuing Granting Certain Visas and Denying Admission to Nationals of Country Denying or Delaying Accepting Aliens

(A)

Discontinuing granting visas

Except as provided under subparagraph (C), if a country is listed in the most recent quarterly report submitted by the Secretary of Homeland Security to the Congress under subparagraph (E), the Secretary of State may not issue a nonimmigrant visa pursuant to section 101(a)(15)(A) to a citizen, subject, national, or resident of such country until— (i)the Secretary of Homeland Security notifies the Secretary of State that the country should no longer be so listed; or (ii)each alien listed in the report with respect to such country has otherwise been removed from the United States. (B)

Denying admission to nationals and foreign government officials

Except as provided under subparagraph (C), if a country is listed in the most recent quarterly report submitted by the Secretary of Homeland Security to the Congress under subparagraph (E), the Secretary of Homeland Security, in consultation with the Secretary of State, shall deny admission to any citizen, subject, national, or resident of that country who has received a nonimmigrant visa pursuant to section 101(a)(15)(A). (C)

Exception

Subparagraphs (A) and (B) do not apply if the Secretary of State determines that the life or freedom of the visa applicant or individual seeking admission would be threatened in the country listed under subparagraph (E). (D)

Effect of unauthorized issuance

Any visa issued in violation of this paragraph shall be null and void. (E)

Quarterly reports

Not later than 90 days after the date of the enactment of the Deport Convicted Foriegn Criminals Act, and every 3 months thereafter, the Secretary of Homeland Security shall submit a report to the Congress that— (i)lists all the countries that deny or unreasonably delay the acceptance of at least 10 percent of the total number of aliens who— (I)are physically present in the United States; (II)are a citizen, subject, national, or resident of such country; and (III)have received a final order of removal; and (ii)includes the total number of aliens described under clause (i), organized by— (I)name; (II)country; (III)detention status; and (IV)criminal status. (F)

Compliance with repatriation

If the Secretary of Homeland Security determines that a country listed in the quarterly report under subparagraph (E) has accepted each alien listed with respect to that country under subparagraph (E)(ii), the country shall be removed from the list in the next quarterly report submitted under subparagraph (E) and shall not be subject to the sanctions described in this paragraph, unless subparagraph (E) applies to such country with respect to another alien. (G)

Denies or unreasonably delays

(i)

In general

Except as provided under clause (ii), in this paragraph, a country denies or unreasonably delays the acceptance of an alien who is a citizen, subject, national, or resident of the country if the country does not accept the alien within the removal period. (ii)

Alien that may not be removed

For purposes of clause (i), a country does not deny or unreasonably delay the acceptance of an alien who is a citizen, subject, national, or resident of the country if such alien may not be removed pursuant to this section. .

3.

Notice to State and local law enforcement

(a)

Notice

(1)

In general

As soon as practicable, the Secretary of Homeland Security shall notify the chief law enforcement officer of the State and of the local jurisdiction in which any alien described in paragraph (2) has been detained by the United States is released. (2)

Alien described

An alien is described in this paragraph if the alien— (A)is listed in the most recent quarterly report submitted by the Secretary of Homeland Security to the Congress under section 241(b)(4)(E) of the Immigration and Nationality Act (8 U.S.C. 1231(b)(4)(E)); or (B)has received a final order of removal under chapter 4 of title II of the Immigration and Nationality Act (8 U.S.C. 1221 et seq.) and has not been removed from the United States. (b)

Information contained in notice

The notice under subsection (a) shall include the following information, if available, about each alien: (1)Name. (2)Location where the alien is released. (3)Date of release. (4)Country of nationality. (5)Detention status. (6)Criminal history, including probation and parole information.