I
109th CONGRESS
2d Session
H. R. 5597
IN THE HOUSE OF REPRESENTATIVES
June 13, 2006
Mr. Green of Wisconsin introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to render deportable all aliens convicted of a criminal offense resulting in a sentence of incarceration, and for other purposes.
Rendering deportable all aliens sentenced to incarceration
Section 237(a)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)(A)) is amended—
by redesignating clause (v) as clause (vi); and
by inserting after clause (iv) the following:
Sentenced to incarceration
Any alien who is sentenced to a term of incarceration for a crime under State or Federal law is deportable.
.
Detention of aliens sentenced to incarceration
Section 236(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1226(c)(1)) is amended—
in subparagraph
(C), by striking or
at the end;
in subparagraph
(D), by adding or
at the end; and
by inserting after subparagraph (D) the following:
is sentenced to a term of incarceration for a crime under State or Federal law, and is deportable on any ground,
.
Expedited removal of aliens sentenced to incarceration
In general
Section 238 of the Immigration and Nationality Act (8 U.S.C. 1228) is amended—
by amending the
section heading to read as follows: expedited removal of aliens sentenced to
incarceration
;
in subsection (a)—
by striking the
subsection heading and inserting: Expedited removal from correctional
facilities.—
;
in the first
sentence of paragraph (1), by striking criminal offense
and all
that follows through the period at the end and inserting criminal
offense.
;
in paragraph (2)—
by
striking an aggravated felony
and inserting a
crime
; and
by
striking felon
and inserting alien
;
in paragraph (3)(A)—
by
striking an aggravated felony
and inserting a
crime
; and
by
striking underlying aggravated felony.
and inserting
underlying crime.
; and
in paragraph (4),
by striking aggravated felonies.
and inserting
crimes.
;
in subsection (b)—
by striking the
subsection heading and inserting Expedited removal of aliens who are Not permanent
residents.—
; and
in paragraph (1),
by striking described in paragraph (2),
and all that follows
through felony)
and inserting described in paragraph (2),
determine the deportability of the alien under clause (iii) or (v) of section
237(a)(2)(A)
;
in the subsection (c) that relates to
presumption of deportability, by inserting or sentenced to a term of
incarceration for a crime under State or Federal law
after
convicted of an aggravated felony
;
by redesignating the subsection (c) that relates to judicial removal as subsection (d); and
in subsection (d)
(as so redesignated), by striking 241(a)(2)(A).
and inserting
237(a)(2).
Clerical amendment
The table of contents for the Immigration and Nationality Act is amended by amending the item relating to section 238 to read as follows:
Sec. 238. Expedited removal of aliens sentenced to incarceration.
.
Prohibition on use of Federal funds to assist incarceration of criminal aliens
A State or unit of local government may not use, for the benefit of State or local incarceration of aliens convicted of a crime any portion of any Federal funds, unless the State or unit—
for each conviction of a person obtained by that State or unit, provides the Secretary of Homeland Security with information adequate for the Secretary to use in determining whether the person is lawfully present in the United States; and
for each person determined by the Secretary of Homeland Security pursuant to paragraph (1) to be unlawfully present in the United States, transfers custody of that person to the Secretary not later than—
the date on which that person’s term of imprisonment expires, if a term of imprisonment is imposed; or
the date of the person’s sentencing, if a term of imprisonment is not imposed.
