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H.R. 5597 (109th): 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.


The text of the bill below is as of Jun 13, 2006 (Introduced).


I

109th CONGRESS

2d Session

H. R. 5597

IN THE HOUSE OF REPRESENTATIVES

June 13, 2006

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.

1.

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—

(1)

by redesignating clause (v) as clause (vi); and

(2)

by inserting after clause (iv) the following:

(v)

Sentenced to incarceration

Any alien who is sentenced to a term of incarceration for a crime under State or Federal law is deportable.

.

2.

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—

(1)

in subparagraph (C), by striking or at the end;

(2)

in subparagraph (D), by adding or at the end; and

(3)

by inserting after subparagraph (D) the following:

(E)

is sentenced to a term of incarceration for a crime under State or Federal law, and is deportable on any ground,

.

3.

Expedited removal of aliens sentenced to incarceration

(a)

In general

Section 238 of the Immigration and Nationality Act (8 U.S.C. 1228) is amended—

(1)

by amending the section heading to read as follows: expedited removal of aliens sentenced to incarceration;

(2)

in subsection (a)—

(A)

by striking the subsection heading and inserting: Expedited removal from correctional facilities.—;

(B)

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.;

(C)

in paragraph (2)—

(i)

by striking an aggravated felony and inserting a crime; and

(ii)

by striking felon and inserting alien;

(D)

in paragraph (3)(A)—

(i)

by striking an aggravated felony and inserting a crime; and

(ii)

by striking underlying aggravated felony. and inserting underlying crime.; and

(E)

in paragraph (4), by striking aggravated felonies. and inserting crimes.;

(3)

in subsection (b)—

(A)

by striking the subsection heading and inserting Expedited removal of aliens who are Not permanent residents.—; and

(B)

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);

(4)

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;

(5)

by redesignating the subsection (c) that relates to judicial removal as subsection (d); and

(6)

in subsection (d) (as so redesignated), by striking 241(a)(2)(A). and inserting 237(a)(2).

(b)

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.

.

4.

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—

(1)

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

(2)

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—

(A)

the date on which that person’s term of imprisonment expires, if a term of imprisonment is imposed; or

(B)

the date of the person’s sentencing, if a term of imprisonment is not imposed.