< Back to H.R. 3256 (112th Congress, 2011–2013)

Text of the Deport Convicted Foreign Criminals Act of 2011

This bill was introduced on October 25, 2011, in a previous session of Congress, but was not enacted. The text of the bill below is as of Oct 25, 2011 (Introduced).

Source: GPO

I

112th CONGRESS

1st Session

H. R. 3256

IN THE HOUSE OF REPRESENTATIVES

October 25, 2011

(for himself, Mrs. Ellmers, Mr. Pitts, Mr. Westmoreland, Mr. Marchant, Mr. King of Iowa, Mr. Ross of Florida, and Mr. Jones) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend the Immigration and Nationality Act to clarify the law prohibiting the Secretary of State from issuing certain visas to nationals of countries that refuse or unreasonably delay repatriation, and for other purposes.

1.

Short title

This Act may be cited as the Deport Convicted Foreign Criminals Act of 2011.

2.

Discontinuing Granting Certain Visas to Nationals of Country Denying or Delaying Accepting Aliens

(a)

Discontinuing Granting Certain Visas to Nationals of Country Denying or Delaying Accepting Aliens

Section 241(b) of the Immigration and Nationality Act (8 U.S.C. 1253(b)) is amended by adding at the end the following:

(4)

Discontinuing Granting Certain Visas to Nationals of Country Denying or Delaying Accepting Aliens

(A)

Quarterly reports

(i)

In general

Not later than 90 days after the date of the enactment of the Deport Convicted Foreign Criminals Act of 2011, and every 90 days thereafter, the Secretary of Homeland Security shall submit a report to the Congress that—

(I)

lists each country that has, during the 90-day period immediately preceding submission of the report, refused or unreasonably delayed repatriation of an alien who is a citizen, subject, national, or resident of such country;

(II)

includes the total number of aliens described under subclause (I) whose removal was refused or unreasonably delayed, disaggregated by—

(aa)

country;

(bb)

detention status; and

(cc)

criminal status; and

(III)

lists, in a distinct section of the report, each country that was listed—

(aa)

under subclause (I) in this report; and

(bb)

in the report submitted immediately preceding this report.

(ii)

Refuses or unreasonably delays

A country is deemed to have refused or unreasonably delayed the acceptance of an alien who is a citizen, subject, national, or resident of that country if not later than 90 days after receiving a request to repatriate such alien from an official of the United States who is authorized to make such a request, the country does not accept the alien.

(iii)

Compliance by issuance of travel documents

A country that is listed pursuant to clause (i)(I) may not be listed pursuant to clause (i)(III) in the report (in this clause referred to as the later report) submitted immediately subsequent to the report in which the country is so listed if the country issues appropriate travel documents not later than 60 days after the submission of the first report referred to in this clause on behalf of—

(I)

not less than 90 percent of the number of aliens who were included in the later report, pursuant to subparagraph (A)(i)(II), for that country; or

(II)

each alien who was included in the later report, pursuant to subparagraph (A)(i)(II), for that country, except for not more than 10 such aliens who are noncriminal aliens.

(B)

Limitation on issuance of visas

Beginning on the date that the second report has been submitted under subparagraph (A), the Secretary of State may not issue to a citizen, subject, national, or resident of a country (other than an alien seeking refugee status)—

(i)

beginning on the date that a country is listed pursuant to subparagraph (A)(i)(III), a nonimmigrant visa pursuant to subparagraph (A) or (G) of section 101(a)(15), except that the ambassador of such country to the United States may be issued a visa pursuant to such subparagraph (A);

(ii)

beginning 90 days after the restriction in clause (i) has applied to such country, a nonimmigrant visa pursuant to subparagraph (F), (J), (M), or (O) of section 101(a)(15);

(iii)

beginning 90 days after the restriction in clause (ii) has applied to such country, an immigrant visa as a diversity immigrant under section 203(c);

(iv)

beginning 90 days after the restriction in clause (iii) has applied to such country, a nonimmigrant visa pursuant to subparagraph (H), (L), or (P) of section 101(a)(15);

(v)

beginning 90 days after the restriction in clause (iv) has applied to such country, an immigrant visa as an employment-based immigrant under section 203(b);

(vi)

beginning 90 days after the restriction in clause (v) has applied to such country, any nonimmigrant visa; and

(vii)

beginning 90 days after the restriction in clause (vi) has applied to such country, any immigrant visa.

(C)

Period of sanction

Except as provided under subparagraph (D), if a country is listed pursuant to subparagraph (A)(i)(III), subparagraph (B) shall apply with regard to the issuance of a visa by the Secretary of State to a citizen, subject, national, or resident of such country until the earlier of—

(i)

a report is submitted under subparagraph (A) and the country is not listed pursuant to clause (i)(III) of such subparagraph;

(ii)

the country issues appropriate travel documents on behalf of and accepts each alien who is a citizen, subject, national, or resident of such country and whose repatriation the country has refused or unreasonably delayed; or

(iii)

the enactment into law of a joint resolution in accordance with subparagraph (E) providing for the waiver of this paragraph with respect to such country.

(D)

Periodic adjustment

In the case of any country that is subject to a restriction on visa issuance under subparagraph (B) following submission of a report (in this subparagraph referred to as the original report) under subparagraph (A), the Secretary of State may reverse the restriction under subparagraph (B) that was most recently applied to that country—

(i)

only if, in the report submitted immediately subsequent to the original report, the country has accepted 50 percent of the aliens who were included in the original report, pursuant to subparagraph (A)(ii), for that country; and

(ii)

the Secretary may not reverse a restriction under subparagraph (B)(i).

(E)

Waiver

(i)

Request

The President or a designee of the President may submit a written request to Congress that this subsection be waived, wholly or in part, with respect to any country.

(ii)

Congressional action

Each House of Congress shall take action on a joint resolution approving the waiver request not later than 20 days after receiving that request.

(F)

Effect of unauthorized issuance

Any visa issued in violation of this paragraph shall be null and void.

.

(b)

Conforming amendment

Section 243 of the Immigration and Nationality Act (8 U.S.C. 1253) is amended by striking subsection (d).

3.

Notice to State and local law enforcement

(a)

Notice

(1)

In general

In the case of an alien described in paragraph (2), if that alien is released, the Secretary of Homeland Security shall provide notice as soon as practicable to the chief law enforcement officer of the State and of the local jurisdiction in which that alien is released.

(2)

Alien described

An alien is described in this paragraph if the alien has been detained by the United States and has received a final order of removal under chapter 4 of the Immigration and Nationality Act (8 U.S.C. 1221 et seq.) and has not been removed.

(b)

Information contained in notice

The notice under subsection (a) shall include the following information, if available, about each alien:

(1)

If the alien was released by reason of the refusal of a country of which the alien is a citizen, subject, national, or resident to accept that alien, an explanation by the Secretary of Homeland Security detailing—

(A)

how the sanctions under section 241(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1253(b)(4)) were applied to that country; and

(B)

how such sanctions may be enhanced in order to secure the cooperation of that country in accepting that alien.

(2)

Name.

(3)

Location where the alien is released.

(4)

Date of release.

(5)

Country of nationality.

(6)

Detention status.

(7)

Criminal history, including probation and parole information.

4.

Inspector General Report

On date that is 1 day after the date that the President submits a budget under section 1105(a) of title 31, United States Code, for fiscal year 2014, the Inspector General of the Department of Homeland Security shall submit a report to Congress regarding whether or not the Secretary of Homeland Security is faithfully executing this Act and the amendments made by this Act, and is making requests to repatriate aliens as appropriate.