Amends the Immigration and Nationality Act to: (1) make all aliens sentenced to incarceration for a federal or state crime deportable; (2) provide for detention of all aliens who are sentenced to incarceration for a federal or state crime, and deportable on any ground; and (3) provide for expedited removal for all aliens sentenced to incarceration.
Prohibits state or local use of federal funds to assist incarceration of criminal aliens unless the state or local unit: (1) for each conviction, provides the Secretary of Homeland Security with adequate information to determine such person's immigration status; and (2) for each person determined to be unlawfully present in the United States, transfers custody of such person to the Secretary by the date imprisonment ends, or the date of sentencing if imprisonment is not imposed.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5597 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5597
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.
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 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.''.
SEC. 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,''.
SEC. 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.''.
SEC. 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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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