H.R. 668 (104th): Criminal Alien Deportation Improvements Act of 1995

104th Congress, 1995–1996. Text as of Feb 13, 1995 (Referred to Senate Committee).

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HR 668 RFS

104th CONGRESS

1st Session

H. R. 668

IN THE SENATE OF THE UNITED STATES

February 13 (legislative day, JANUARY 30), 1995

Received; read twice and referred to the Committee on the Judiciary


AN ACT

To control crime by further streamlining deportation of criminal aliens.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) SHORT TITLE- This Act may be cited as the ‘Criminal Alien Deportation Improvements Act of 1995’.

    (b) TABLE OF CONTENTS- The table of contents of this Act is as follows:

      Sec. 1. Short title; table of contents.

      Sec. 2. Additional expansion of definition of aggravated felony.

      Sec. 3. Deportation procedures for certain criminal aliens who are not permanent residents.

      Sec. 4. Restricting the defense to exclusion based on 7 years permanent residence for certain criminal aliens.

      Sec. 5. Limitation on collateral attacks on underlying deportation order.

      Sec. 6. Criminal alien identification system.

      Sec. 7. Establishing certain alien smuggling-related crimes as RICO-predicate offenses.

      Sec. 8. Wiretap authority for alien smuggling investigations.

      Sec. 9. Expansion of criteria for deportation for crimes of moral turpitude.

      Sec. 10. Payments to political subdivisions for costs of incarcerating illegal aliens.

      Sec. 11. Miscellaneous provisions.

      Sec. 12. Construction of expedited deportation requirements.

      Sec. 13. Study of prisoner transfer treaty with Mexico.

      Sec. 14. Justice Department assistance in bringing to justice aliens who flee prosecution for crimes in the United States.

      Sec. 15. Prisoner transfer treaties.

      Sec. 16. Interior repatriation program.

      Sec. 17. Deportation of nonviolent offenders prior to completion of sentence of imprisonment.

SEC. 2. ADDITIONAL EXPANSION OF DEFINITION OF AGGRAVATED FELONY.

    (a) IN GENERAL- Section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)), as amended by section 222 of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103-416), is amended--

      (1) in subparagraph (J), by inserting ‘, or an offense described in section 1084 (if it is a second or subsequent offense) or 1955 of that title (relating to gambling offenses),’ after ‘corrupt organizations)’;

      (2) in subparagraph (K)--

        (A) by striking ‘or’ at the end of clause (i),

        (B) by redesignating clause (ii) as clause (iii), and

        (C) by inserting after clause (i) the following new clause:

          ‘(ii) is described in section 2421, 2422, or 2423 of title 18, United States Code (relating to transportation for the purpose of prostitution) for commercial advantage; or’;

      (3) by amending subparagraph (N) to read as follows:

        ‘(N) an offense described in paragraph (1)(A) or (2) of section 274(a) (relating to alien smuggling) for which the term of imprisonment imposed (regardless of any suspension of imprisonment) is at least 5 years;’;

      (4) by amending subparagraph (O) to read as follows:

        ‘(O) an offense (i) which either is falsely making, forging, counterfeiting, mutilating, or altering a passport or instrument in violation of section 1543 of title 18, United States Code, or is described in section 1546(a) of such title (relating to document fraud) and (ii) for which the term of imprisonment imposed (regardless of any suspension of such imprisonment) is at least 18 months;’

      (5) in subparagraph (P), by striking ‘15 years’ and inserting ‘5 years’, and by striking ‘and’ at the end;

      (6) by redesignating subparagraphs (O), (P), and (Q) as subparagraphs (P), (Q), and (U), respectively;

      (7) by inserting after subparagraph (N) the following new subparagraph:

        ‘(O) an offense described in section 275(a) or 276 committed by an alien who was previously deported on the basis of a conviction for an offense described in another subparagraph of this paragraph;’; and

      (8) by inserting after subparagraph (Q), as so redesignated, the following new subparagraphs:

        ‘(R) an offense relating to commercial bribery, counterfeiting, forgery, or trafficking in vehicles the identification numbers of which have been altered for which a sentence of 5 years’ imprisonment or more may be imposed;

        ‘(S) an offense relating to obstruction of justice, perjury or subornation of perjury, or bribery of a witness, for which a sentence of 5 years’ imprisonment or more may be imposed;

        ‘(T) an offense relating to a failure to appear before a court pursuant to a court order to answer to or dispose of a charge of a felony for which a sentence of 2 years’ imprisonment or more may be imposed; and’.

    (b) EFFECTIVE DATE- The amendments made by subsection (a) shall apply to convictions entered on or after the date of the enactment of this Act, except that the amendment made by subsection (a)(3) shall take effect as if included in the enactment of section 222 of the Immigration and Nationality Technical Corrections Act of 1994.

SEC. 3. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS WHO ARE NOT PERMANENT RESIDENTS.

    (a) ADMINISTRATIVE HEARINGS- Section 242A(b) of the Immigration and Nationality Act (8 U.S.C. 1252a(b)), as added by section 130004(a) of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322), is amended--

      (1) in paragraph (2)--

        (A) by striking ‘and’ at the end of subparagraph (A) and inserting ‘or’, and

        (B) by amending subparagraph (B) to read as follows:

        ‘(B) had permanent resident status on a conditional basis (as described in section 216) at the time that proceedings under this section commenced.’;

      (2) in paragraph (3), by striking ‘30 calendar days’ and inserting ‘14 calendar days’;

      (3) in paragraph (4)(B), by striking ‘proccedings’ and inserting ‘proceedings’;

      (4) in paragraph (4)--

        (A) by redesignating subparagraphs (D) and (E) as subparagraphs (F) and (G), respectively; and

        (B) by adding after subparagraph (C) the following new subparagraphs:

        ‘(D) such proceedings are conducted in, or translated for the alien into, a language the alien understands;

        ‘(E) a determination is made for the record at such proceedings that the individual who appears to respond in such a proceeding is an alien subject to such an expedited proceeding under this section and is, in fact, the alien named in the notice for such proceeding;’.

      (5) by adding at the end the following new paragraph:

      ‘(5) No alien described in this section shall be eligible for any relief from deportation that the Attorney General may grant in the Attorney General’s discretion.’.

    (b) LIMIT ON JUDICIAL REVIEW- Subsection (d) of section 106 of the Immigration and Nationality Act (8 U.S.C. 1105a), as added by section 130004(b) of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322), 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.’.

    (c) PRESUMPTION OF DEPORTABILITY- Section 242A of the Immigration and Nationality Act (8 U.S.C. 1252a) is amended by inserting after subsection (b) the following new subsection:

    ‘(c) PRESUMPTION OF DEPORTABILITY- An alien convicted of an aggravated felony shall be conclusively presumed to be deportable from the United States.’.

    (d) EFFECTIVE DATE- The amendments made by this section shall apply to all aliens against whom deportation proceedings are initiated after the date of the enactment of this Act.

SEC. 4. RESTRICTING THE DEFENSE TO EXCLUSION BASED ON 7 YEARS PERMANENT RESIDENCE FOR CERTAIN CRIMINAL ALIENS.

    The last sentence of section 212(c) of the Immigration and Nationality Act (8 U.S.C. 1182(c)) is amended 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.’.

SEC. 5. LIMITATION ON COLLATERAL ATTACKS ON UNDERLYING DEPORTATION ORDER.

    (a) IN GENERAL- 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 a criminal proceeding under this section, an alien may not challenge the validity of the deportation order described in subsection (a)(1) or subsection (b) unless the alien demonstrates that--

      ‘(1) the alien exhausted any administrative remedies that may have been available to seek relief against the order;

      ‘(2) the deportation proceedings at which the order was issued improperly deprived the alien of the opportunity for judicial review; and

      ‘(3) the entry of the order was fundamentally unfair.’.

    (b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply to criminal proceedings initiated after the date of the enactment of this Act.

SEC. 6. CRIMINAL ALIEN IDENTIFICATION SYSTEM.

    Section 130002(a) of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-312) is amended to read as follows:

    ‘(a) OPERATION AND PURPOSE- The Commissioner of Immigration and Naturalization shall, under the authority of section 242(a)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 1252(a)(3)(A)), operate a criminal alien identification system. The criminal alien identification system shall be used to assist Federal, State, and local law enforcement agencies in identifying and locating aliens who may be subject to deportation by reason of their conviction of aggravated felonies.’.

SEC. 7. ESTABLISHING CERTAIN ALIEN SMUGGLING-RELATED CRIMES AS RICO-PREDICATE OFFENSES.

    Section 1961(1) of title 18, United States Code, is amended--

      (1) by inserting ‘section 1028 (relating to fraud and related activity in connection with identification documents) if the act indictable under section 1028 was committed for the purpose of financial gain,’ before ‘section 1029’;

      (2) by inserting ‘section 1542 (relating to false statement in application and use of passport) if the act indictable under section 1542 was committed for the purpose of financial gain, section 1543 (relating to forgery or false use of passport) if the act indictable under section 1543 was committed for the purpose of financial gain, section 1544 (relating to misuse of passport) if the act indictable under section 1544 was committed for the purpose of financial gain, section 1546 (relating to fraud and misuse of

visas, permits, and other documents) if the act indictable under section 1546 was committed for the purpose of financial gain, sections 1581-1588 (relating to peonage and slavery),’ after ‘section 1513 (relating to retaliating against a witness, victim, or an informant),’;

      (3) by striking ‘or’ before ‘(E)’; and

      (4) by inserting before the period at the end the following: ‘, or (F) any act which is indictable under the Immigration and Nationality Act, section 274 (relating to bringing in and harboring certain aliens), section 277 (relating to aiding or assisting certain aliens to enter the United States), or section 278 (relating to importation of alien for immoral purpose) if the act indictable under such section of such Act was committed for the purpose of financial gain’.

SEC. 8. WIRETAP AUTHORITY FOR ALIEN SMUGGLING INVESTIGATIONS.

    Section 2516(1) of title 18, United States Code, is amended--

      (1) by striking ‘and’ at the end of paragraph (n),

      (2) by redesignating paragraph (o) as paragraph (p), and

      (3) by inserting after paragraph (n) the following new paragraph:

      ‘(o) a felony violation of section 1028 (relating to production of false identification documents), section 1542 (relating to false statements in passport applications), section 1546 (relating to fraud and misuse of visas, permits, and other documents) of this title or a violation of section 274, 277, or 278 of the Immigration and Nationality Act (relating to the smuggling of aliens); or’.

SEC. 9. EXPANSION OF CRITERIA FOR DEPORTATION FOR CRIMES OF MORAL TURPITUDE.

    (a) IN GENERAL- Section 241(a)(2)(A)(i)(II) of the Immigration and Nationality Act (8 U.S.C. 1251(a)(2)(A)(i)(II)) is amended to read as follows:

            ‘(II) is convicted of a crime for which a sentence of one year or longer may be imposed,’.

    (b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply to aliens against whom deportation proceedings are initiated after the date of the enactment of this Act.

SEC. 10. PAYMENTS TO POLITICAL SUBDIVISIONS FOR COSTS OF INCARCERATING ILLEGAL ALIENS.

    Amounts appropriated to carry out section 501 of the Immigration Reform and Control Act of 1986 for fiscal year 1995 shall be available to carry out section 242(j) of the Immigration and Nationality Act in that fiscal year with respect to undocumented criminal aliens incarcerated under the authority of political subdivisions of a State.

SEC. 11. MISCELLANEOUS PROVISIONS.

    (a) USE OF ELECTRONIC AND TELEPHONIC MEDIA IN DEPORTATION HEARINGS- The second sentence of section 242(b) of the Immigration and Nationality Act (8 U.S.C. 1252(b)) is amended by inserting before the period the following: ‘; except that nothing in this subsection shall preclude the Attorney General from authorizing proceedings by electronic or telephonic media (with the consent of the alien) or, where waived or agreed to by the parties, in the absence of the alien’.

    (b) CODIFICATION-

      (1) Section 242(i) of such Act (8 U.S.C. 1252(i)) is amended by adding at the end the following: ‘Nothing in this subsection shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person.’.

      (2) Section 225 of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103-416) is amended by striking ‘and nothing in’ and all that follows through ‘1252(i))’.

      (3) The amendments made by this subsection shall take effect as if included in the enactment of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103-416).

SEC. 12. CONSTRUCTION OF EXPEDITED DEPORTATION REQUIREMENTS.

    No amendment made by this Act shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person.

SEC. 13. STUDY OF PRISONER TRANSFER TREATY WITH MEXICO.

    (a) REPORT TO CONGRESS- Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Attorney General shall submit to the Congress a report that describes the use and effectiveness of the Prisoner Transfer Treaty with Mexico (in this section referred to as the ‘Treaty’) to remove from the United States aliens who have been convicted of crimes in the United States.

    (b) USE OF TREATY- The report under subsection (a) shall include the following information:

      (1) The number of aliens convicted of a criminal offense in the United States since November 30, 1977, who would have been or are eligible for transfer pursuant to the Treaty.

      (2) The number of aliens described in paragraph (1) who have been transferred pursuant to the Treaty.

      (3) The number of aliens described in paragraph (2) who have been incarcerated in full compliance with the Treaty.

      (4) The number of aliens who are incarcerated in a penal institution in the United States who are eligible for transfer pursuant to the Treaty.

      (5) The number of aliens described in paragraph (4) who are incarcerated in State and local penal institutions.

    (c) EFFECTIVENESS OF TREATY- The report under subsection (a) shall include the recommendations of the Secretary of State and the Attorney General to increase the effectiveness and use of, and full compliance with, the Treaty. In considering the recommendations under this subsection, the Secretary and the Attorney General shall consult with such State and local officials in areas disproportionately impacted by aliens convicted of criminal offenses as the Secretary and the Attorney General consider appropriate. Such recommendations shall address the following areas:

      (1) Changes in Federal laws, regulations, and policies affecting the identification, prosecution, and deportation of aliens who have committed a criminal offense in the United States.

      (2) Changes in State and local laws, regulations, and policies affecting the identification, prosecution, and deportation of aliens who have committed a criminal offense in the United States.

      (3) Changes in the Treaty that may be necessary to increase the number of aliens convicted of crimes who may be transferred pursuant to the Treaty.

      (4) Methods for preventing the unlawful re-entry into the United States of aliens who have been convicted of criminal offenses in the United States and transferred pursuant to the Treaty.

      (5) Any recommendations of appropriate officials of the Mexican Government on programs to achieve the goals of, and ensure full compliance with, the Treaty.

      (6) An assessment of whether the recommendations under this subsection require the renegotiation of the Treaty.

      (7) The additional funds required to implement each recommendation under this subsection.

SEC. 14. JUSTICE DEPARTMENT ASSISTANCE IN BRINGING TO JUSTICE ALIENS WHO FLEE PROSECUTION FOR CRIMES IN THE UNITED STATES.

    (a) ASSISTANCE TO STATES- The Attorney General, in cooperation with the Commissioner of Immigration and Naturalization and the Secretary of State, shall designate an office within the Department of Justice to provide technical and prosecutorial assistance to States and political subdivisions of States in efforts to bring to justice aliens who flee prosecution for crimes in the United States.

    (b) REPORT TO CONGRESS- Not later than one year after the date of the enactment of this Act, the Attorney General shall compile and submit to the Congress a report which assesses the nature and extent of the problem of bringing to justice aliens who flee prosecution for crimes in the United States.

SEC. 15. PRISONER TRANSFER TREATIES.

    (a) NEGOTIATION- Congress advises the President to begin to negotiate and renegotiate, not later than 90 days after the date of the enactment of this Act, 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.

    (b) CERTIFICATION- The President shall submit to the Congress, annually, a certification as to whether each prisoner transfer treaty in force is effective in returning aliens unlawfully in the United States who have committed offenses for which they are incarcerated in the United States to their country of nationality for further incarceration.

SEC. 16. INTERIOR REPATRIATION PROGRAM.

    Not later than 180 days after the date of enactment of this Act, the Attorney General and the Commissioner of Immigration and Naturalization shall develop and implement a program in which aliens who previously have illegally entered the United States not less than 3 times and are deported or returned to a country contiguous to the United States will be returned to locations not less than 500 kilometers from that country’s border with the United States.

SEC. 17. DEPORTATION OF NONVIOLENT OFFENDERS PRIOR TO COMPLETION OF SENTENCE OF IMPRISONMENT.

    (a) IN GENERAL- Section 242(h) of the Immigration and Nationality Act (8 U.S.C. 1252(h)) is amended to read as follows:

    ‘(h)(1) Except as provided in paragraph (2), an alien sentenced to imprisonment may not be deported until such imprisonment has been terminated by the release of the alien from confinement. Parole, supervised release, probation, or possibility of rearrest or further confinement in respect of the same offense shall not be a ground for deferral of deportation.

    ‘(2) The Attorney General is authorized to deport an alien in accordance with applicable procedures under this Act prior to the completion of a sentence of imprisonment--

      ‘(A) in the case of an alien in the custody of the Attorney General, if the Attorney General determines that (i) the alien is confined pursuant to a final conviction for a nonviolent offense (other than alien smuggling), and (ii) such deportation of the alien is appropriate and in the best interest of the United States; or

      ‘(B) in the case of an alien in the custody of a State (or a political subdivision of a State), if the chief State official exercising authority with respect to the incarceration of the alien determines that (i) the alien is confined pursuant to a final conviction for a nonviolent offense (other than alien smuggling), (ii) such deportation is appropriate and in the best interest of the State, and (iii) submits a written request to the Attorney General that such alien be so deported.

    ‘(3) Any alien deported pursuant to this subsection shall be notified of the penalties under the laws of the United States relating to the reentry of deported aliens, particularly the expanded penalties for aliens deported under paragraph (2).’.

    (b) REENTRY OF ALIEN DEPORTED PRIOR TO COMPLETION OF TERM OF IMPRISONMENT- Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) amended by adding at the end the following new subsection:

    ‘(c) Any alien deported pursuant to section 242(h)(2) who enters, attempts to enter, or is at any time found in, the United States (unless the Attorney General has expressly consented to such alien’s reentry) shall be incarcerated for the remainder of the sentence of imprisonment which was pending at the time of deportation without any reduction for parole or supervised release. Such alien shall be subject to such other penalties relating to the reentry of deported aliens as may be available under this section or any other provision of law.’.

Passed the House of Representatives February 10, 1995.

Attest:

ROBIN H. CARLE,

Clerk.