[Congressional Record Volume 141, Number 4 (Monday, January 9, 1995)]
[Senate]
[Pages S654-S658]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ROTH:
  S. 179. A bill to amend the Immigration and Nationality Act to 
facilitate the apprehension, detention, and deportation of criminal 
aliens, and for other purposes; to the Committee on the Judiciary.


                 the criminal alien control act of 1995

 Mr. ROTH. Mr. President, today I am introducing the Criminal 
Alien Control Act of 1995. This comprehensive legislation addresses a 
problem that has reached staggering proportions in this country: 
criminal aliens.
  Without question, there are many problems with our Nation's 
immigration system. I hope that this is the year we undertake 
comprehensive immigration reform, including changing the much-abused 
asylum process. But we cannot effectively reform our immigration system 
without addressing the problem of criminal aliens.
  The problem of criminal aliens occupies the dangerous intersection of 
crime and the control of our Nation's borders, two issues of great 
concern to the American people. I hope we can all agree that there is 
no place in this country for people who come here and commit serious 
crimes. Criminals are one commodity we do not need to import.
  Last Congress, as ranking minority member of the Permanent 
Subcommittee on Investigations, I conducted an investigation and held 2 
days of hearings on the problem of criminal aliens and the governmental 
response to that problem. Our investigation found that criminal aliens 
are a serious threat to our public safety that is costing our criminal 
justice system hundreds of millions of dollars. And the problem is 
getting worse by leaps and bounds. [[Page S656]] 
  Criminal aliens now account for an all-time high of 25 percent of the 
Federal prison population and are, by far, the fastest growing segment 
of the Federal prison population. Throughout our Nation's criminal 
justice system, there are an estimated 450,000 criminal aliens--a 
staggering number.
  Although our investigation found that the Immigration and 
Naturalization Service is not adequately responding to the criminal 
alien problem, the INS does not deserve all of the blame. In fact, when 
it comes to criminal aliens, there is plenty of blame to go around and 
we in Congress are not immune. Congress deserves blame because our 
Federal criminal alien deportation laws, created on a piecemeal and 
patchwork basis, set out an irrational, lengthy and overly complex 
process that prevents us from deporting criminals as rapidly as we 
should be.
  There are, however, many difficulties with the INS that have 
exacerbated this problem. For example, the INS is unable to even 
identify most of the criminal aliens who clog our State and local jails 
before these criminals are released onto our streets. Also, many 
criminal aliens, having been identified, are released on bond while the 
lengthy deportation process is pending. It should be a surprise to no 
one that many skip bond and never show up for their deportation 
hearings.

  One thing the IRS does is routinely provide criminal aliens with work 
permits legally allowing them to get jobs while their appeals are 
pending. One INS deportation officer told my staff that he spends only 
about 5 percent of his time looking for criminal aliens because he must 
spend most of his time processing their work permits.
  As for actual deportation, the final step in the process, criminal 
aliens often are not actually deported even when deportation orders 
have been issued for them. According to the INS, there are more than 
27,000 aliens, including many criminal aliens, who have been ordered 
deported yet remain at large. It is no wonder that one frustrated INS 
official told us that only the stupid and honest actually get deported.
  Perhaps the ultimate indictment of the current system is that even on 
those rare occasions when the system actually works and a criminal 
alien is deported, reentry into the United States is so easy that it 
makes the whole process appear to be a giant exercise in futility. The 
subcommittee obtained long lists of criminal aliens who have repeatedly 
been deported only to reenter the country illegally and commit more 
crimes.
  My legislation addresses the serious problem posed by criminal aliens 
by simplifying, streamlining and strengthening the deportation process 
for these aliens who have been convicted of committing crimes in this 
country.
  My legislation simplifies existing law by eliminating the confusing 
array of crimes for which criminal aliens are deportable. Under my 
legislation, any alien who commits any felony is deportable--period.
  My legislation streamlines the deportation process for criminal 
aliens by, among other things, requiring aliens who are not permanent 
residents and who wish to appeal deportation orders, to do so from 
their home countries, after they have been deported. My legislation 
further streamlines the process by allowing States and Federal judges 
to order the deportation of criminal aliens. Once an alien has been 
convicted beyond a reasonable doubt of having committed a felony, 
having had the benefit of all the due process that is required in our 
criminal justice system, there is no reason why the sentencing judge 
should not also be permitted to enter an order of deportation at the 
time of sentencing. My legislation also restricts the defense currently 
used by criminal aliens to delay or avoid deportation.
  Also, as many of us know, certain State and local governments have 
been highly critical of what they see as the Federal Government's 
inability to effectively police our Nation's borders. Yet, some of 
these same jurisdictions have passed laws and adopted official policies 
prohibiting their local police departments and other employees from 
cooperating with Federal immigration officials. I think that is 
hypocritical. I offered an amendment to the crime bill last year that 
was adopted 93-6 that would cut crime bill funding to local entities 
that adopt such policies of noncooperation, but my amendment was 
dropped in conference. A similar provision is included in this 
legislation.
  Through this comprehensive legislation, I believe we can begin to 
effectively address the growing serious problem of criminal aliens in 
this country. I believe this is an essential step on the road to 
meaningful reform of our Nation's immigration system and I urge my 
colleagues to support this important measure.
  Mr. President, I ask unanimous consent that the bill be printed in 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 179

       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 ``Criminal Alien Control Act 
     of 1995''.

     SEC. 2. TABLE OF CONTENTS.

       The following is the table of contents for this Act:

Sec. 1. Short title.
Sec. 2. Table of contents.

                TITLE I--DEPORTATION OF CRIMINAL ALIENS

Sec. 101. Equal immigration treatment to all alien felons.
Sec. 102. Deportation procedures for certain criminal aliens.
Sec. 103. Judicial deportation.
Sec. 104. Uncontested deportations.
Sec. 105. Restricting defenses to deportation for certain criminal 
              aliens.
Sec. 106. Extraterritorial appeals by criminal aliens.
Sec. 107. Collateral attacks on underlying deportation order.
Sec. 108. Restriction on asylum for criminal aliens.
Sec. 109. Federal incarceration.
Sec. 110. Form of deportation hearings.
Sec. 111. Construction of expedited deportation requirements.

   TITLE II--LOCAL COOPERATION WITH FEDERAL OFFICIALS AND PROCEDURES

Sec. 201. Funding based on cooperation.
Sec. 202. Production of criminal records.

                        TITLE III--MISCELLANEOUS

Sec. 301. Detention of undocumented criminal aliens at military 
              installations to be closed.
Sec. 302. Authorizing registration of aliens on criminal probation or 
              criminal parole.
Sec. 303. Admissible evidence before a special inquiry officer.
                TITLE I--DEPORTATION OF CRIMINAL ALIENS

     SEC. 101. EQUAL IMMIGRATION TREATMENT TO ALL ALIEN FELONS.

       (a) Felonies.--(1) Sections 101(f) (8 U.S.C. 1101(f)); 
     106(a) (8 U.S.C. 1105a(a)); 208(d) (8 U.S.C. 1158(d)); 
     212(a)(6)(B) (8 U.S.C. 1182(a)(6)(B)); 236(e)(i) (8 U.S.C. 
     1226(e)(i)); 241(a)(2)(A) (8 U.S.C. 1251(a)(2)(A)); 242 (8 
     U.S.C. 1252(a)); 242A(d) (8 U.S.C. 1252a); 242B(c) (8 U.S.C. 
     1252b(c)); 243(h) (8 U.S.C. 1253(h)); 244(e) (8 U.S.C. 
     1254(e)); and 277 (8 U.S.C. 1327) are amended by striking 
     ``aggravated felony'', ``an aggravated felony'', and 
     ``aggravated felonies'' each place they appear and inserting 
     in lieu thereof ``felony'', ``a felony'', or ``felonies'', 
     respectively.
       (2) Section 101(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)) is amended by adding at the end the 
     following new paragraph:
       ``(47) The term `felony' means any offense under Federal or 
     State law that is punishable by death or imprisonment for 
     more than 1 year.''.
       (b) Preclusion of Judicial Review.--Section 106(c) of the 
     Immigration and Nationality Act (8 U.S.C. 1105a(c)) is 
     amended--
       (1) by inserting ``(1)'' immediately after ``(c)''; and
       (2) by adding at the end the following:
       ``(2) An order of deportation or of exclusion shall not be 
     reviewed by any court of the United States if the grounds for 
     such order is the commission of a felony by the alien, except 
     that the Attorney General may defer deportation or exclusion 
     of the alien pending judicial review if the Attorney General 
     determines that to do otherwise would cause hardship to the 
     alien.''.

     SEC. 102. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS.

       (a) In General.--Section 242A(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1252a(a)) is amended--
       (1) in paragraph (1), by inserting ``permanent resident'' 
     after ``correctional facilities for'';
       (2) in paragraph (2) by striking ``respect to an'' and 
     inserting ``respect to a permanent resident''; and
       (3) in paragraph 3, by inserting ``permanent resident'' 
     after ``in the case of any''.
       (b) Deportation of Aliens Who Are Not Permanent 
     Residents.--Section 242A(b)(1) of such Act is amended by 
     striking ``Attorney General may'' and inserting ``Attorney 
     General shall''.
       (c) Presumption of Deportability.--Section 242A of such Act 
     (8 U.S.C. 1252a) is [[Page S657]] amended by adding at the 
     end the following new subsection:
       ``(d) Presumption of Deportability.--An alien convicted of 
     an aggravated felony shall be conclusively presumed to be 
     deportable from the United States.''.
       (d) Limited Judicial Review.--Section 106(d) of the 
     Immigration and Nationality Act (8 U.S.C. 1105a) is amended 
     to read as follows:
       ``(d) Notwithstanding subsection (c), a petition for review 
     or for habeas corpus on behalf of an alien described in 
     section 242A(c) may only challenge whether the alien is in 
     fact an alien described in such section, and no court shall 
     have jurisdiction to review any other issue.''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to all aliens against whom deportation 
     proceedings are initiated after the date of enactment of this 
     Act.

     SEC. 103. JUDICIAL DEPORTATION.

       (a) Judicial Deportation.--Section 242A of the Immigration 
     and Nationality Act (8 U.S.C. 1252a) is amended by adding at 
     the end the following new subsection:
       ``(c) Judicial Deportation.--
       ``(1) Authority.--Notwithstanding any other provision of 
     this Act, a United States district court or a State court 
     shall have jurisdiction to enter a judicial order of 
     deportation at the time of sentencing against an alien whose 
     criminal conviction causes such alien to be deportable under 
     section 241(a)(2)(A)(iii) (relating to conviction of a 
     felony).
       ``(2) Procedure.--(A) The United States Attorney or, in the 
     case of a proceeding before a State court, the State's 
     attorney general, shall provide notice of intent to request 
     judicial deportation promptly after the entry in the record 
     of an adjudication of guilt or guilty plea. Such notice shall 
     be provided to the court, to the alien, to the alien's 
     counsel of record, and to the Commissioner.
       ``(B) Notwithstanding section 242B--
       ``(i) in the case of a proceeding before a United States 
     court, the United States Attorney, with the concurrence of 
     the Commissioner, or
       ``(ii) in the case of a proceeding before a State court, 
     the State's attorney general,

     shall, at least 20 days before the date set for sentencing, 
     file a charge containing factual allegations regarding the 
     alienage of the defendant and satisfaction by the defendant 
     of the definition of felony.
       ``(C) If the court determines that the defendant has 
     presented substantial evidence to establish prima facie 
     eligibility for relief from deportation under section 212(c), 
     the court shall request the Attorney General to provide the 
     court with a recommendation and report regarding the alien's 
     eligibility for relief under such section. The court shall 
     either grant or deny the relief sought.
       ``(D)(i) The alien shall have a reasonable opportunity to 
     examine the evidence against him or her, to present evidence 
     on his or her own behalf, and to cross-examine witnesses 
     presented by the Government.
       ``(ii) The court, for the purposes of determining whether 
     to enter an order described in paragraph (1), shall only 
     consider evidence that would be admissible in proceedings 
     conducted pursuant to section 242(b).
       ``(3) Notice, appeal, and execution of judicial order of 
     deportation.--(A)(i) A judicial order of deportation or 
     denial of such order may be appealed by either party to the 
     court of appeals for the circuit in which the United States 
     district court is located or to the appropriate State court 
     of appeals, as the case may be.
       ``(ii) Except as provided in clause (iii), such appeal 
     shall be considered consistent with the requirements 
     described in section 106.
       ``(iii) Upon execution by the defendant of a valid waiver 
     of the right to appeal the conviction on which the order of 
     deportation is based, the expiration of the period described 
     in section 106(a)(1), or the final dismissal of an appeal 
     from such conviction, the order of deportation shall become 
     final and shall be executed at the end of the prison term in 
     accordance with the term of the order.
       ``(B) As soon as is practicable after entry of a judicial 
     order of deportation by a United States court, the Attorney 
     General shall provide the defendant with written notice of 
     the order of deportation, which shall designate the 
     defendant's country of choice for deportation and any 
     alternate country pursuant to section 243(a).
       ``(C) As soon as is practicable after entry of a judicial 
     order of deportation by a State court, the State court shall 
     notify the Attorney General of the order. Upon the 
     termination of imprisonment of the alien, the State shall 
     remand the alien to the custody of the Attorney General. The 
     Attorney General shall effect the deportation of the alien in 
     the manner prescribed in this Act with respect to final 
     orders of deportation.
       ``(4) Denial of judicial order.--Denial of a request for a 
     judicial order of deportation shall not preclude the Attorney 
     General from initiating deportation proceedings pursuant to 
     section 242 upon the same ground of deportability or upon any 
     other ground of deportability provided under section 241(a). 
     Any denial of a judicial order of deportation shall include a 
     statement in writing stating the reasons for the denial.
       ``(5) Definition.--For purposes of this subsection, the 
     term `State' refers to any of the several States and the 
     District of Columbia.''.
       (b) Technical and Conforming Changes.--The ninth sentence 
     of section 242(b) of the Immigration and Nationality Act (8 
     U.S.C. 1252(b)) is amended by striking out ``The'' and 
     inserting in lieu thereof ``Except as provided in section 
     242A(c), the''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to all aliens whose adjudication of guilt or 
     guilty plea is entered in the record after the date of 
     enactment of this Act.

     SEC. 104. UNCONTESTED DEPORTATIONS.

       Section 242B of the Immigration and Nationality Act (8 
     U.S.C. 1252b) is amended--
       (1) in subsection (a)(1), by adding at the end the 
     following new subparagraph:
       ``(G) The right of an alien deportable under section 
     241(a)(2) to execute a deportation affidavit pursuant to 
     subsection (f) in lieu of deportation proceedings.'';
       (2) by redesignating subsection (f) as subsection (g); and
       (3) by inserting after subsection (e) the following:
       ``(f) Deportation Affidavit.--In lieu of a determination of 
     deportability in a proceeding before a special inquiry 
     officer, an alien may elect to admit deportability under 
     section 241(a)(2) through the execution of an affidavit 
     witnessed by such an officer and a notary public. A special 
     inquiry officer shall make a determination of deportability 
     under this subsection based solely on the affidavit and, if 
     he finds the alien deportable, shall issue an order of 
     deportation with respect to that alien.''.

     SEC. 105. RESTRICTING DEFENSES TO DEPORTATION FOR CERTAIN 
                   CRIMINAL ALIENS.

       (a) Defenses Based on Seven Years of Permanent Residence.--
     Section 212(c) of the Immigration and Nationality Act (8 
     U.S.C. 1182(c)) is amended--
       (1) in the third sentence, by striking ``has served for 
     such felony or felonies'' and all that follows through the 
     period and inserting ``has been sentenced for such felony or 
     felonies to a term of imprisonment of at least 5 years, if 
     the time for appealing such conviction or sentence has 
     expired and the sentence has become final;''; and
       (2) by adding at the end the following new sentence: ``For 
     purposes of calculating the period of seven consecutive years 
     under this subsection, any period of imprisonment of the 
     alien by Federal, State, or local authorities shall be 
     excluded but shall not be considered to have broken the 
     continuity of the period.''.
       (b) Defenses Based on Withholding of Deportation.--Section 
     243(h)(2) of the Immigration and Nationality Act (8 U.S.C. 
     1253(h)(2)) is amended--
       (1) by striking ``or'' at the end of subparagraph (C);
       (2) by striking the period at the end of subparagraph (D) 
     and inserting ``; or''; and
       (3) by striking the final sentence and inserting the 
     following new subparagraph:
       ``(E) the alien has been convicted of a felony.''; and

     SEC. 106. EXTRATERRITORIAL APPEALS BY CRIMINAL ALIENS.

       Section 106 of the Immigration and Nationality Act (8 
     U.S.C. 1105a) is amended by adding at the end the following 
     new subsection:
       ``(e)(1) In the case of any alien found to be deportable 
     under section 242(a)(2), the Attorney General may not defer 
     deportation of the alien and shall, after issuance of the 
     deportation order, take the alien into custody until the 
     alien is deported.
       ``(2) Any court of the United States shall have 
     jurisdiction to review an order of deportation issued under 
     paragraph (1) in any case where the petitioner for review is 
     outside the United States. Any alien for whom an order of 
     deportation has been vacated under this paragraph shall be 
     issued a valid visa and admitted to the United States to the 
     status held by the alien before deportation.''.

     SEC. 107. COLLATERAL ATTACKS ON UNDERLYING DEPORTATION ORDER.

       Section 276 of the Immigration and Nationality Act (8 
     U.S.C. 1326) is amended by adding at the end the following 
     new subsection:
       ``(c) In any criminal proceeding under this section, no 
     alien may challenge the validity of the deportation order 
     described in subsection (a)(1) or subsection (b).''.

     SEC. 108. RESTRICTION ON ASYLUM FOR CRIMINAL ALIENS.

       (a) In General.--Section 208 of the Immigration and 
     Nationality Act (8 U.S.C. 1158) is amended by adding at the 
     end the following new subsections:
       ``(f) Notwithstanding subsection (a), an alien may only be 
     granted asylum under this section if the alien claims asylum 
     within 15 days of the alien's entry into the United States, 
     unless the alien establishes by clear and convincing evidence 
     that since the date of entry into the United States 
     circumstances have changed in the alien's country of 
     nationality (or, in the case of a person having no 
     nationality, the country in which such alien last habitually 
     resided) such that, if the alien returned to the country, it 
     is more likely than not that the alien would be arrested or 
     incarcerated or the alien's life would be threatened in such 
     country on account of race, religion, nationality, membership 
     in a particular social group, or political opinion.
       ``(g) An alien is not eligible for asylum under this 
     section if the Attorney General determines that--
       ``(1) the alien ordered, incited, assisted, or otherwise 
     participated in the persecution of [[Page S658]] any person 
     on account of race, religion, nationality, membership in a 
     particular social group, or political opinion;
       ``(2) the alien, having been convicted by a final judgment 
     of a particularly serious crime, constitutes a danger to the 
     community of the United States;
       ``(3) there are serious reasons for believing that the 
     alien has committed a serious nonpolitical crime outside the 
     United States prior to the arrival of the alien in the United 
     States;
       ``(4) there are reasonable grounds for regarding the alien 
     as a danger to the security of the United States; or
       ``(5) a country willing to accept the alien has been 
     identified (other than the country described in subsection 
     (f)) to which the alien can be deported or returned and the 
     alien does not establish that it is more likely than not that 
     the alien would be arrested or incarcerated or the alien's 
     life would be threatened in such country on account of race, 
     religion, nationality, membership in a particular social 
     group, or political opinion.

     For purposes of paragraph (2), an alien who has been 
     convicted of a felony shall be considered to have committed a 
     particularly serious crime. The Attorney General shall 
     prescribe regulations that specify additional crimes that 
     will be considered to be a crime described in paragraph (2) 
     or (3).''.
       (b) Conforming Amendment.--Section 208(a) of such Act (8 
     U.S.C. 1158(a)) is amended by inserting ``, except as 
     provided in subsection (g),'' after ``asylum, and''.

     SEC. 109. FEDERAL INCARCERATION.

       Section 242(j)(1)(B) of the Immigration and Nationality Act 
     (8 U.S.C. 1252(j)) is amended by inserting ``for a 
     determinate term of imprisonment'' after ``the alien''.

     SEC. 110. FORM OF DEPORTATION HEARINGS.

       Section 242(b) of the Immigration and Nationality Act (8 
     U.S.C. 1252(b)) is amended by inserting after the second 
     sentence the following new sentence: ``Nothing in the 
     preceding sentence precludes the Attorney General from 
     authorizing proceedings by electronic or telephonic media 
     (with or without the consent of the alien) or, where waived 
     or agreed to by the parties, in the absence of the alien.''.

     SEC. 111. CONSTRUCTION OF EXPEDITED DEPORTATION REQUIREMENTS.

       No amendment made by this Act may be construed to create 
     any substantive or procedural right or benefit that is 
     legally enforceable by any party against the United States, 
     its agencies or officers, or against any other person.
   TITLE II--LOCAL COOPERATION WITH FEDERAL OFFICIALS AND PROCEDURES

     SEC. 201. FUNDING BASED ON COOPERATION.

       (a) State and Local Cooperation.--Notwithstanding any law, 
     ordinance, or regulation of any State or subdivision thereof 
     to the contrary, officials of any State or local government 
     or agency, upon the request of any duly authorized official 
     of the Immigration and Naturalization Service, shall provide 
     information regarding the identification, location, arrest, 
     prosecution, detention, and deportation of an alien or aliens 
     who are not lawfully present in the United States.
       (b) Report.--Not later than 6 months after the date of 
     enactment of this Act, the Attorney General and the 
     Commissioner of Immigration and Naturalization shall jointly 
     report to the Congress and the President on the extent to 
     which State and local governments are not cooperating with 
     the Immigration and Naturalization Service. This report shall 
     identify any State or local governments that have adopted 
     laws, policies, or practices of noncooperation with the 
     Immigration and Naturalization Service, the specific nature 
     of those laws, policies or practices, and their impact on the 
     enforcement of the immigration laws.
       (c) Funding Based on Cooperation.--No State or local 
     government or agency which has been identified in the 
     Attorney General's report required by subsection (b), which 
     has a policy or practice of refusing to cooperate with the 
     Immigration and Naturalization Service regarding the 
     identification, location, arrest, prosecution, detention, or 
     deportation of aliens who are not lawfully present in the 
     United States, shall be eligible for any Federal funds from 
     appropriations made pursuant to a provision of the Violent 
     Crime Control and Law Enforcement Act of 1994 or of an 
     amendment made by authorizing appropriations, as long as such 
     policy or practice remains in effect.

     SEC. 202. PRODUCTION OF CRIMINAL RECORDS.

       Section 503(a)(11) of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3753(a)) is amended by 
     inserting ``or any political subdivision thereof'' after 
     ``State'' the second, third, and fourth occurrence thereof.
                        TITLE III--MISCELLANEOUS

     SEC. 301. DETENTION OF UNDOCUMENTED CRIMINAL ALIENS AT 
                   MILITARY INSTALLATIONS TO BE CLOSED.

       (a) In General.--(1) Notwithstanding any other provision of 
     law, the Secretary of Defense shall make available to the 
     Attorney General for the purpose referred to in paragraph (2) 
     any military installation of the Department of Defense that--
       (A) is approved for closure under a base closure law; and
       (B) is jointly determined by the Secretary and the Attorney 
     General to be an appropriate facility for the detention of 
     undocumented aliens.
       (2) The Attorney General shall use facilities made 
     available to the Attorney General under this paragraph for 
     the detention of undocumented criminal aliens.
       (b) Definitions.--In this section:
       (1) The term ``approved for closure under a base closure 
     law'', in the case of a military installation, means any 
     installation whose closure under a base closure law is 
     recommended by the President and not disapproved by Congress 
     in accordance with the provisions of such law.
       (2) The term ``base closure law'' means the following:
       (A) The Defense Base Closure and Realignment Act of 1990 
     (part A of title XXIX of Public Law 102-510; 10 U.S.C. 2687 
     note).
       (B) Title II of the Defense Authorization Amendments and 
     Base Closure and Realignment Act (Public Law 100-526; 10 
     U.S.C. 2687 note).
       (3) The term ``undocumented criminal alien'' means an alien 
     who--
       (A) has been convicted of a felony and sentenced to a term 
     of imprisonment, and
       (B)(i) entered the United States without inspection or at 
     any time or place other than as designated by the Attorney 
     General, or
       (ii) was the subject of exclusion or deportation 
     proceedings at the time he or she was taken into custody by 
     the State.

     SEC. 302. AUTHORIZING REGISTRATION OF ALIENS ON CRIMINAL 
                   PROBATION OR CRIMINAL PAROLE.

       Section 263(a) of the Immigration and Nationality Act (8 
     U.S.C. 1303(a)) is amended by striking ``and (5)'' and 
     inserting ``(5) aliens who are or have been on criminal 
     probation or criminal parole within the United States, and 
     (6)''.

     SEC. 303. ADMISSIBLE EVIDENCE BEFORE A SPECIAL INQUIRY 
                   OFFICER.

       In any proceeding under the Immigration and Nationality Act 
     before a special inquiry officer, such documents and records 
     as are described in section 3.41 of title 8, Code of Federal 
     Regulations, as in effect on the date of enactment of this 
     Act, may be admissible as evidence of a criminal 
     conviction.
                                 ______