H.R. 5750 (107th): Immigration Bond Fairness Act of 2002

107th Congress, 2001–2002. Text as of Nov 14, 2002 (Introduced).

Status & Summary | PDF | Source: GPO

HR 5750 IH

107th CONGRESS

2d Session

H. R. 5750

To amend the Immigration and Nationality Act to eliminate the restriction on judicial review of detention and release determinations and to provide a right to a bond hearing before an immigration judge to all aliens in removal and summary removal proceedings.

IN THE HOUSE OF REPRESENTATIVES

November 14, 2002

Mrs. MEEK of Florida introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

To amend the Immigration and Nationality Act to eliminate the restriction on judicial review of detention and release determinations and to provide a right to a bond hearing before an immigration judge to all aliens in removal and summary removal proceedings.

    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 ‘Immigration Bond Fairness Act of 2002’.

SEC. 2. RIGHTS RELATING TO DETENTION AND RELEASE.

    (a) ELIMINATING LIMITATION ON JUDICIAL REVIEW- Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226) is amended by striking subsection (e).

    (b) RIGHT TO IMMIGRATION BOND HEARING- Such section 236 is further amended by adding at the end the following new subsection:

    ‘(e) IMMIGRATION BOND HEARINGS-

      ‘(1) RIGHT TO HEARING- Any alien in removal or summary removal proceedings (including an inspection under section 235(b)(1)(A)), whether charged as inadmissible or deportable, shall have the right to a bond hearing before an immigration judge on the alien’s continued detention by the Attorney General.

      ‘(2) CRITERIA IN HEARING- The criteria for such a bond hearing shall be governed by principles that allow for bond except in circumstances where--

        ‘(A) the alien is a danger to society;

        ‘(B) the alien is a threat to national security; or

        ‘(C) the alien is likely to abscond and no other measures would assure the alien’s appearance.

      ‘(3) LIMITATION ON AUTOMATIC STAY- The Attorney General may not, by regulation or otherwise, obtain an automatic stay of an alien’s release from detention where an immigration judge has issued a decision providing for release.’.

    (c) CONFORMING AMENDMENT- Section 235(b)(1)(A)(i) of such Act (8 U.S.C. 1225(b)(1)(A)(i)) is amended by inserting ‘subject to section 236(g),’ after ‘212(a)(7),’.

    (d) EFFECTIVE DATE- The amendments made by this section shall take effect on the date of the enactment of this Act and the amendment made by subsection (b) shall apply to all aliens in removal or summary removal proceedings who are in detention on or after such date.