[Congressional Record Volume 141, Number 10 (Wednesday, January 18, 1995)]
[House]
[Pages H313-H314]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1350
       CRIMINAL ALIEN TRANSFER AND BORDER ENFORCEMENT ACT OF 1995

  The SPEAKER pro tempore (Mr. Hobson). Under a previous order of the 
House, the gentleman from California [Mr. Horn] is recognized for 5 
minutes.
  Mr. HORN. Mr. Speaker, today, I am introducing, on behalf of myself, 
as author, and the gentleman from Indiana [Mr. Burton], the gentleman 
from California [Mr. Beilenson], the gentleman from California [Mr. 
Condit], and the gentleman from Michigan [Mr. Knollenberg], as 
coauthors of the Criminal Transfer and Border Enforcement Act of 1995, 
H.R. 552.
  This bill suggests that an integrated approach to border management 
is needed. This legislation includes the improvement of drug 
interdiction, controlling illegal immigration and stopping other 
illegal cross-border activities in California and elsewhere.
  The recent election in California made one issue very clear: 
Taxpayers are fed up with paying for the enormous costs associated with 
illegal immigration. It is especially disconcerting that the 
incarceration of criminal aliens is running up a nationwide tab of 
approximately $1.2 billion annually.
  The Federal Bureau of Prisons reports that noncitizens make up 
approximately 24 percent of the 91,000 total Federal prison population.
  The average cost per inmate in the Federal prisons is $20,803 per 
year. In California, the Governor estimates that we spend over $350 
million a year incarcerating aliens in our State prisons.
  According to the Bureau of Justice statistics, about 4 percent of the 
inmates in our State prisons are not U.S. citizens. The estimated cost 
to California, as I said, is several hundred million dollars.
  The Criminal Alien Transfer and Border Enforcement Act urges the 
President to renegotiate, within 90 days of enactment, the existing 
bilateral prisoner transfer treaties with Mexico and other source 
countries, which have sizable numbers of illegal criminal aliens in our 
prisons.
  In 1976, almost two decades ago, the United States established a 
prisoner transfer treaty with Mexico. This treaty is outdated, and it 
is time for a change of course.
  Alien prisoners come from more than 49 countries in North America, 
South America, Europe, Africa, and Asia. Almost half of the alien 
inmate population is of Mexican origin. The Immigration and 
Naturalization Service has estimated that as of October 1992, the total 
illegal alien population in our Nation was 3.2 million people and 
growing at 300,000 annually.
  [[Page H314]] I think that is an underestimate. When you figure that 
roughly 2,000 illegals a night come over in one 20-mile sector in San 
Diego, CA, I think you will see what I mean.
  The States of California, Arizona, Texas, Florida, and New York have 
been particularly hard hit. This measure would help relieve U.S. 
Federal and State prisons of the costs associated with housing the 
illegal criminal alien population. The incentive for foreign 
governments which participate in the renegotiated treaty is the benefit 
of a trained and adequate border patrol and police force trained in the 
United States at the Border Patrol Academy and the Customs Service 
Academy. That is also a tremendous benefit to our Nation's borders.
  Illegal immigration is not a regional problem. It is a national 
problem.
  Mr. Speaker, it is time for Congress and the President to take joint 
responsibility for the impact on the States caused by the relentless 
flow of illegal immigration.
  Mr. Speaker, I include for the Record a copy of H.R. 552.

                                H.R. 552

       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 Transfer and 
     Border Enforcement Act of 1995''.

     SEC. 2. PURPOSE.

       The purpose of this Act is to relieve overcrowding in 
     Federal and State prisons and costs borne by American 
     taxpayers by providing for the transfer of aliens unlawfully 
     in the United States who have been convicted of committing 
     crimes in the United States to their native countries to be 
     incarcerated for the duration of their sentences.

     SEC. 3. FINDINGS.

       The Congress makes the following findings:
       (1) The cost of incarcerating an alien unlawfully in the 
     United States in a Federal or State prison averages $20,803 
     per year.
       (2) There are approximately 58,000 aliens convicted of 
     crimes incarcerated in United States prisons, including 
     41,000 aliens in State prisons and 17,000 aliens in Federal 
     prisons.
       (3) Many of these aliens convicted of crimes are also 
     unlawfully in the United States, but the Immigration and 
     Naturalization Service does not have exact data on how many.
       (4) The combined cost to Federal and State governments for 
     the incarceration of such criminal aliens is approximately 
     $1,200,000,000, including--
       (A) for State governments, $760,000,000; and
       (B) for the Federal Government, $440,000,000.

     SEC. 4. PRISONER TRANSFER TREATIES.

       Not later than 90 days after the date of enactment of this 
     Act, the President should begin to negotiate and renegotiate 
     bilateral prisoner transfer treaties. The focus of such 
     negotiations shall be to expedite the transfer of aliens 
     unlawfully in the United States who are incarcerated in 
     United States prisons, to ensure that a transferred prisoner 
     serves the balance of the sentence imposed by the United 
     States courts, and to eliminate any requirement of prisoner 
     consent to such a transfer.

     SEC. 5. CERTIFICATION.

       The President shall certify whether each prisoner transfer 
     treaty is effective in returning aliens unlawfully in the 
     United States who are incarcerated in the United States to 
     their country of citizenship.

     SEC. 6. TRAINING OF BORDER PATROL AND CUSTOMS PERSONNEL FROM 
                   FOREIGN COUNTRIES.

       Subject to a certification under section 5, the President 
     shall direct the Border Patrol Academy and the Customs 
     Service Academy to enroll for training certain foreign law 
     enforcement personnel. The President shall make appointments 
     of foreign law enforcement personnel to such academies to 
     enhance the following United States law enforcement goals:
       (1) Drug interdiction and other cross-border criminal 
     activity.
       (2) Preventing illegal immigration.
       (3) Preventing the illegal entry of goods into the United 
     States (including goods the sale of which is illegal in the 
     United States, the entry of which would cause a quota to be 
     exceeded, or goods which have not paid the appropriate duty 
     or tariff).
     

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