[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3256 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3256

    To amend the Immigration and Nationality Act to clarify the law 
   prohibiting the Secretary of State from issuing certain visas to 
nationals of countries that refuse or unreasonably delay repatriation, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 25, 2011

      Mr. Poe of Texas (for himself, Mrs. Ellmers, Mr. Pitts, Mr. 
Westmoreland, Mr. Marchant, Mr. King of Iowa, Mr. Ross of Florida, and 
  Mr. Jones) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To amend the Immigration and Nationality Act to clarify the law 
   prohibiting the Secretary of State from issuing certain visas to 
nationals of countries that refuse or unreasonably delay repatriation, 
                        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 ``Deport Convicted Foreign Criminals 
Act of 2011''.

SEC. 2. DISCONTINUING GRANTING CERTAIN VISAS TO NATIONALS OF COUNTRY 
              DENYING OR DELAYING ACCEPTING ALIENS.

    (a) Discontinuing Granting Certain Visas to Nationals of Country 
Denying or Delaying Accepting Aliens.--Section 241(b) of the 
Immigration and Nationality Act (8 U.S.C. 1253(b)) is amended by adding 
at the end the following:
            ``(4) Discontinuing granting certain visas to nationals of 
        country denying or delaying accepting aliens.--
                    ``(A) Quarterly reports.--
                            ``(i) In general.--Not later than 90 days 
                        after the date of the enactment of the Deport 
                        Convicted Foreign Criminals Act of 2011, and 
                        every 90 days thereafter, the Secretary of 
                        Homeland Security shall submit a report to the 
                        Congress that--
                                    ``(I) lists each country that has, 
                                during the 90-day period immediately 
                                preceding submission of the report, 
                                refused or unreasonably delayed 
                                repatriation of an alien who is a 
                                citizen, subject, national, or resident 
                                of such country;
                                    ``(II) includes the total number of 
                                aliens described under subclause (I) 
                                whose removal was refused or 
                                unreasonably delayed, disaggregated 
                                by--
                                            ``(aa) country;
                                            ``(bb) detention status; 
                                        and
                                            ``(cc) criminal status; and
                                    ``(III) lists, in a distinct 
                                section of the report, each country 
                                that was listed--
                                            ``(aa) under subclause (I) 
                                        in this report; and
                                            ``(bb) in the report 
                                        submitted immediately preceding 
                                        this report.
                            ``(ii) Refuses or unreasonably delays.--A 
                        country is deemed to have refused or 
                        unreasonably delayed the acceptance of an alien 
                        who is a citizen, subject, national, or 
                        resident of that country if not later than 90 
                        days after receiving a request to repatriate 
                        such alien from an official of the United 
                        States who is authorized to make such a 
                        request, the country does not accept the alien.
                            ``(iii) Compliance by issuance of travel 
                        documents.--A country that is listed pursuant 
                        to clause (i)(I) may not be listed pursuant to 
                        clause (i)(III) in the report (in this clause 
                        referred to as the `later report') submitted 
                        immediately subsequent to the report in which 
                        the country is so listed if the country issues 
                        appropriate travel documents not later than 60 
                        days after the submission of the first report 
                        referred to in this clause on behalf of--
                                    ``(I) not less than 90 percent of 
                                the number of aliens who were included 
                                in the later report, pursuant to 
                                subparagraph (A)(i)(II), for that 
                                country; or
                                    ``(II) each alien who was included 
                                in the later report, pursuant to 
                                subparagraph (A)(i)(II), for that 
                                country, except for not more than 10 
                                such aliens who are noncriminal aliens.
                    ``(B) Limitation on issuance of visas.--Beginning 
                on the date that the second report has been submitted 
                under subparagraph (A), the Secretary of State may not 
                issue to a citizen, subject, national, or resident of a 
                country (other than an alien seeking refugee status)--
                            ``(i) beginning on the date that a country 
                        is listed pursuant to subparagraph (A)(i)(III), 
                        a nonimmigrant visa pursuant to subparagraph 
                        (A) or (G) of section 101(a)(15), except that 
                        the ambassador of such country to the United 
                        States may be issued a visa pursuant to such 
                        subparagraph (A);
                            ``(ii) beginning 90 days after the 
                        restriction in clause (i) has applied to such 
                        country, a nonimmigrant visa pursuant to 
                        subparagraph (F), (J), (M), or (O) of section 
                        101(a)(15);
                            ``(iii) beginning 90 days after the 
                        restriction in clause (ii) has applied to such 
                        country, an immigrant visa as a diversity 
                        immigrant under section 203(c);
                            ``(iv) beginning 90 days after the 
                        restriction in clause (iii) has applied to such 
                        country, a nonimmigrant visa pursuant to 
                        subparagraph (H), (L), or (P) of section 
                        101(a)(15);
                            ``(v) beginning 90 days after the 
                        restriction in clause (iv) has applied to such 
                        country, an immigrant visa as an employment-
                        based immigrant under section 203(b);
                            ``(vi) beginning 90 days after the 
                        restriction in clause (v) has applied to such 
                        country, any nonimmigrant visa; and
                            ``(vii) beginning 90 days after the 
                        restriction in clause (vi) has applied to such 
                        country, any immigrant visa.
                    ``(C) Period of sanction.--Except as provided under 
                subparagraph (D), if a country is listed pursuant to 
                subparagraph (A)(i)(III), subparagraph (B) shall apply 
                with regard to the issuance of a visa by the Secretary 
                of State to a citizen, subject, national, or resident 
                of such country until the earlier of--
                            ``(i) a report is submitted under 
                        subparagraph (A) and the country is not listed 
                        pursuant to clause (i)(III) of such 
                        subparagraph;
                            ``(ii) the country issues appropriate 
                        travel documents on behalf of and accepts each 
                        alien who is a citizen, subject, national, or 
                        resident of such country and whose repatriation 
                        the country has refused or unreasonably 
                        delayed; or
                            ``(iii) the enactment into law of a joint 
                        resolution in accordance with subparagraph (E) 
                        providing for the waiver of this paragraph with 
                        respect to such country.
                    ``(D) Periodic adjustment.--In the case of any 
                country that is subject to a restriction on visa 
                issuance under subparagraph (B) following submission of 
                a report (in this subparagraph referred to as the 
                `original report') under subparagraph (A), the 
                Secretary of State may reverse the restriction under 
                subparagraph (B) that was most recently applied to that 
                country--
                            ``(i) only if, in the report submitted 
                        immediately subsequent to the original report, 
                        the country has accepted 50 percent of the 
                        aliens who were included in the original 
                        report, pursuant to subparagraph (A)(ii), for 
                        that country; and
                            ``(ii) the Secretary may not reverse a 
                        restriction under subparagraph (B)(i).
                    ``(E) Waiver.--
                            ``(i) Request.--The President or a designee 
                        of the President may submit a written request 
                        to Congress that this subsection be waived, 
                        wholly or in part, with respect to any country.
                            ``(ii) Congressional action.--Each House of 
                        Congress shall take action on a joint 
                        resolution approving the waiver request not 
                        later than 20 days after receiving that 
                        request.
                    ``(F) Effect of unauthorized issuance.--Any visa 
                issued in violation of this paragraph shall be null and 
                void.''.
    (b) Conforming Amendment.--Section 243 of the Immigration and 
Nationality Act (8 U.S.C. 1253) is amended by striking subsection (d).

SEC. 3. NOTICE TO STATE AND LOCAL LAW ENFORCEMENT.

    (a) Notice.--
            (1) In general.--In the case of an alien described in 
        paragraph (2), if that alien is released, the Secretary of 
        Homeland Security shall provide notice as soon as practicable 
        to the chief law enforcement officer of the State and of the 
        local jurisdiction in which that alien is released.
            (2) Alien described.--An alien is described in this 
        paragraph if the alien has been detained by the United States 
        and has received a final order of removal under chapter 4 of 
        the Immigration and Nationality Act (8 U.S.C. 1221 et seq.) and 
        has not been removed.
    (b) Information Contained in Notice.--The notice under subsection 
(a) shall include the following information, if available, about each 
alien:
            (1) If the alien was released by reason of the refusal of a 
        country of which the alien is a citizen, subject, national, or 
        resident to accept that alien, an explanation by the Secretary 
        of Homeland Security detailing--
                    (A) how the sanctions under section 241(b)(4) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1253(b)(4)) were applied to that country; and
                    (B) how such sanctions may be enhanced in order to 
                secure the cooperation of that country in accepting 
                that alien.
            (2) Name.
            (3) Location where the alien is released.
            (4) Date of release.
            (5) Country of nationality.
            (6) Detention status.
            (7) Criminal history, including probation and parole 
        information.

SEC. 4. INSPECTOR GENERAL REPORT.

    On date that is 1 day after the date that the President submits a 
budget under section 1105(a) of title 31, United States Code, for 
fiscal year 2014, the Inspector General of the Department of Homeland 
Security shall submit a report to Congress regarding whether or not the 
Secretary of Homeland Security is faithfully executing this Act and the 
amendments made by this Act, and is making requests to repatriate 
aliens as appropriate.
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