I 112th CONGRESS 1st Session H. R. 2952 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.

1.

Short title

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

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. .

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.