[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2952 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2952

   To provide for expedited removal of certain aliens, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 15, 2011

 Mr. Hunter (for himself, Mr. Burton of Indiana, Mr. Ross of Florida, 
Mr. Cravaack, Mr. Brooks, Mr. Westmoreland, Mr. Miller of Florida, Mr. 
 Latta, Mr. McKinley, Mr. Gingrey of Georgia, Mr. Johnson of Ohio, Mr. 
 Royce, Mr. Duncan of Tennessee, Mr. Fleming, Mr. Posey, Mr. Gohmert, 
   Mr. Flores, Mr. Duncan of South Carolina, Mrs. Lummis, Mr. Roe of 
 Tennessee, and Mr. Scalise) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To provide for expedited removal of certain aliens, 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. SHORT TITLE.

    This Act may be cited as the ``Immigration Backlog Reduction Act of 
2011''.

SEC. 2. EXPEDITED REMOVAL OF INADMISSIBLE ARRIVING ALIENS.

    Section 235(b)(1)(A) of the Immigration and Nationality Act (8 
U.S.C. 1225(b)(1)(A)) is amended by striking clauses (i) through (iii) 
and inserting the following:
                            ``(i) In general.--If an immigration 
                        officer determines that an alien (other than an 
                        alien described in subparagraph (F)) who is 
                        arriving in the United States, or who has not 
                        been admitted or paroled into the United States 
                        and has not been physically present in the 
                        United States continuously for the 4-year 
                        period immediately prior to the date of the 
                        determination of inadmissibility under this 
                        paragraph, is inadmissible under section 
                        212(a)(6)(C) or 212(a)(7), the officer shall 
                        order the alien removed from the United States 
                        without further hearing or review, unless--
                                    ``(I) the alien has been charged 
                                with a crime;
                                    ``(II) the Secretary determines 
                                that the alien presents a significant 
                                risk to national security; or
                                    ``(III) the alien indicates an 
                                intention to apply for asylum under 
                                section 208 or a credible fear of 
                                persecution and the officer determines 
                                that the alien has been physically 
                                present in the United States for less 
                                than 1 year.
                            ``(ii) Claims for asylum.--If an 
                        immigration officer determines that an alien 
                        (other than an alien described in subparagraph 
                        (F)) who is arriving in the United States, or 
                        who has not been admitted or paroled into the 
                        United States and has not been physically 
                        present in the United States continuously for 
                        the 4-year period immediately prior to the date 
                        of the determination of inadmissibility under 
                        this paragraph, is inadmissible under section 
                        212(a)(6)(C) or 212(a)(7), and the alien 
                        indicates either an intention to apply for 
                        asylum under section 208 or a credible fear of 
                        persecution, the officer shall refer the alien 
                        for an interview by an asylum officer under 
                        subparagraph (B) if the officer determines that 
                        the alien has been physically present in the 
                        United States for less than 1 year.''.

SEC. 3. EXPEDITED REMOVAL OF CRIMINAL ALIENS.

    (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 criminal aliens'';
            (2) in subsection (a), by amending the subsection heading 
        to read as follows: ``Expedited Removal From Correctional 
        Facilities'';
            (3) in subsection (b), by amending the subsection heading 
        to read as follows: ``Removal of Criminal Aliens'';
            (4) in subsection (b), by striking paragraphs (1) and (2) 
        and inserting the following:
            ``(1) The Secretary of Homeland Security may, in the case 
        of an alien described in paragraph (2), determine the 
        deportability of such alien and issue an order of removal 
        pursuant to the procedures set forth in this subsection or 
        section 240.
            ``(2) An alien is described in this paragraph if the alien, 
        whether or not admitted into the United States--
                    ``(A) was convicted of any criminal offense 
                described in subparagraph (A)(iii), (C), or (D) of 
                section 237(a)(2); and
                    ``(B) at the time of the commission of the offense 
                of which that alien was convicted, that alien was--
                            ``(i) not lawfully admitted for permanent 
                        residence; or
                            ``(ii) had permanent resident status on a 
                        conditional basis (as described in section 
                        216).'';
            (5) in the first subsection (c) (relating to presumption of 
        deportability), by striking ``convicted of an aggravated 
        felony'' and inserting ``described in paragraph (b)(2)''; and
            (6) by redesignating the second subsection (c) (relating to 
        judicial removal) as subsection (d).
    (b) Limit on Injunctive Relief.--Section 242(f)(2) of such Act (8 
U.S.C. 1252(f)(2)) is amended by inserting ``or stay, whether 
temporarily or otherwise,'' after ``enjoin''.
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