Officer Andrew Widman Criminal Alien Enforcement Act of 2008 - Amends the Immigration and Nationality Act to permit extension of the 90-day detention period for an alien under order of removal if the alien fails to: (1) make all reasonable efforts to comply with the removal order; or (2) cooperate with Department of Homeland Security (DHS) efforts to establish the alien's identity and carry out the removal order, including failing to make timely application for travel or departure documents, or acting to prevent such removal.
States that the removal period shall: (1) not begin until the alien is in DHS custody; and (2) if the alien is transferred to another federal or state agency, be tolled until return to DHS custody.
Authorizes the Secretary of Homeland Security to detain an alien subject to an administrative final order of removal who has been granted a stay of removal during the pendency of such stay.
Authorizes the Secretary to parole an alien ordered removed and provide that such alien not be detained unless: (1) the alien violates parole conditions; or (2) removal becomes reasonably foreseeable.
Requires that a detention review process be established for aliens under order of removal who have effected an entry and are cooperating with removal. Sets forth evidence provisions.
Authorizes the Secretary to detain an alien for 90 days beyond the original removal (and extension) period. Authorizes the Secretary to detain an alien beyond such 90-day period until removal if the Secretary certifies in writing that: (1) it is likely that the alien will be removed in the foreseeable future; or (2) the alien has a highly contagious disease that poses a public safety threat, release of the alien would have serious adverse foreign policy consequences or would threaten U.S. national security, or the alien's release would threaten the community or an individual because of the alien's criminal history.
Authorizes the Secretary to: (1) renew detention by certification every six months (provides that the alien shall be released from detention if certification is not renewed); (2) condition an alien's release; and (3) re-detain persons on supervised release.
Directs the Secretary to detain an alien who has effected an entry and is not cooperating with removal or if the Secretary has certified the detention.
Restricts judicial review of detention to habeas corpus petitions in U.S. district court after exhaustion of all administrative remedies.
[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 6843 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 6843
To strengthen procedures regarding detention and removal of aliens.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 9, 2008
Mr. Mahoney of Florida introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To strengthen procedures regarding detention and removal of aliens.
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 ``Officer Andrew Widman Criminal Alien
Enforcement Act of 2008''.
SEC. 2. DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED.
(a) Strengthening Procedures Regarding Aliens Ordered Removed,
Including Dangerous Aliens.--Section 241(a) (8 U.S.C. 1231(a)) is
amended--
(1) by striking ``Attorney General'' the first place it
appears, except for the first reference in clause (a)(4)(B)(i),
and inserting ``Secretary of Homeland Security'';
(2) by striking ``Attorney General'' any other place it
appears and inserting ``Secretary'';
(3) in paragraph (1)--
(A) in subparagraph (B), by amending clause (ii) to
read as follows:
``(ii) If a court, the Board of Immigration Appeals, or an
immigration judge orders a stay of the removal of the alien, the
expiration date of the stay of removal.'';
(B) by amending subparagraph (C) to read as
follows:
``(C) Extension of detention for uncooperative
removable aliens.--The removal period shall be extended
beyond a period of 90 days and the alien may remain in
detention during such extended period if the alien
fails or refuses to--
``(i) make all reasonable efforts to comply
with the removal order; or
``(ii) fully cooperate with the Secretary's
efforts to establish the alien's identity and
carry out the removal order, including failing
to make timely application in good faith for
travel or other documents necessary to the
alien's departure, or conspiring or acting to
prevent the alien's removal.''; and
(C) by adding at the end the following:
``(D) Tolling of period.--If, at the time described
in subparagraph (B), the alien is not in the custody of
the Secretary under the authority of this Act, the
removal period shall not begin until the alien is taken
into such custody. If the Secretary lawfully transfers
custody of the alien during the removal period to
another Federal agency or to a State or local
government agency in connection with the official
duties of such agency, the removal period shall be
tolled, and shall recommence on the date on which the
alien is returned to the custody of the Secretary.'';
(4) in paragraph (2), by adding at the end the following:
``If a court, the Board of Immigration Appeals, or an
immigration judge orders a stay of removal of an alien who is
subject to an administrative final order of removal, the
Secretary, in the exercise of discretion, may detain the alien
during the pendency of such stay of removal.'';
(5) in paragraph (3), by amending subparagraph (D) to read
as follows:
``(D) to obey reasonable restrictions on the
alien's conduct or activities, or to perform
affirmative acts, that the Secretary prescribes for the
alien--
``(i) to prevent the alien from absconding;
``(ii) for the protection of the community;
or
``(iii) for other purposes related to the
enforcement of the immigration laws.'';
(6) in paragraph (6), by striking ``removal period and, if
released,'' and inserting ``removal period, in the discretion
of the Secretary, without any limitations other than those
specified in this section, until the alien is removed. If an
alien is released, the alien'';
(7) by redesignating paragraph (7) as paragraph (10); and
(8) by inserting after paragraph (6) the following:
``(7) Parole.--If an alien detained pursuant to paragraph
(6) is an applicant for admission, the Secretary of Homeland
Security, in the Secretary's discretion, may parole the alien
under section 212(d)(5) and may provide, notwithstanding
section 212(d)(5), that the alien shall not be returned to
custody unless either the alien violates the conditions of the
alien's parole or the alien's removal becomes reasonably
foreseeable, provided that in no circumstance shall such alien
be considered admitted.
``(8) Additional rules for detention of aliens.--The
following procedures shall apply to an alien detained under
this section:
``(A) Detention review process for aliens who have
effected an entry and fully cooperate with removal.--
The Secretary of Homeland Security shall establish an
administrative review process to determine whether an
alien described in subparagraph (B) should be detained
or released after the removal period in accordance with
this paragraph.
``(B) Alien described.--An alien is described in
this subparagraph if the alien--
``(i) has effected an entry into the United
States;
``(ii) has made all reasonable efforts to
comply with the alien's removal order;
``(iii) has cooperated fully with the
Secretary's efforts to establish the alien's
identity and to carry out the removal order,
including making timely application in good
faith for travel or other documents necessary
for the alien's departure; and
``(iv) has not conspired or acted to
prevent removal.
``(C) Evidence.--In making a determination under
subparagraph (A), the Secretary--
``(i) shall consider any evidence submitted
by the alien;
``(ii) may consider any other evidence,
including--
``(I) any information or assistance
provided by the Department of State or
other Federal agency; and
``(II) any other information
available to the Secretary pertaining
to the ability to remove the alien.
``(D) Authority to detain aliens for 90 days beyond
removal period.--The Secretary, in the exercise of the
Secretary's discretion and without any limitations
other than those specified in this section, may detain
an alien for 90 days beyond the removal period
(including any extension of the removal period under
paragraph (1)(C)).
``(E) Authority to detain dangerous aliens for
additional period.--The Secretary, in the exercise of
the Secretary's discretion and without any limitations
other than those specified in this section, may detain
an alien beyond the 90-day period authorized under
subparagraph (D) until the alien is removed, if the
Secretary--
``(i) determines that there is a
significant likelihood that the alien will be
removed in the reasonably foreseeable future;
or
``(ii) certifies in writing--
``(I) in consultation with the
Secretary of Health and Human Services,
that the alien has a highly contagious
disease that poses a threat to public
safety;
``(II) after receipt of a written
recommendation from the Secretary of
State, that the release of the alien
would likely have serious adverse
foreign policy consequences for the
United States;
``(III) based on information
available to the Secretary (including
classified, sensitive, or national
security information, and regardless of
the grounds upon which the alien was
ordered removed), that there is reason
to believe that the release of the
alien would threaten the national
security of the United States;
``(IV) that--
``(aa) the release of the
alien would threaten the safety
of the community or any person,
and conditions of release
cannot reasonably be expected
to ensure the safety of the
community or any person; and
``(bb) the alien--
``(AA) has been
convicted of 1 or more
aggravated felonies (as
defined in section
101(a)(43)(A)), or of 1
or more attempts or
conspiracies to commit
any such aggravated
felonies for an
aggregate term of
imprisonment of at
least 5 years; or
``(BB) has
committed a crime of
violence (as defined in
section 16 of title 18,
United States Code, but
not including a purely
political offense) and,
because of a mental
condition or
personality disorder
and behavior associated
with that condition or
disorder, is likely to
engage in acts of
violence in the future;
or
``(V) that--
``(aa) the release of the
alien would threaten the safety
of the community or any person,
notwithstanding conditions of
release designed to ensure the
safety of the community or any
person; and
``(bb) the alien has been
convicted of 1 or more
aggravated felonies (as defined
in section 101(a)(43)) for
which the alien was sentenced
to an aggregate term of
imprisonment of not less than 1
year.
``(F) Attorney general review.--If the Secretary
authorizes an extension of detention under subparagraph
(E), the alien may seek review of that determination
before the Attorney General. If the Attorney General
concludes that the alien should be released, then the
Secretary shall release the alien pursuant to
subparagraph (I). The Attorney General, in consultation
with the Secretary, shall promulgate regulations
governing review under this paragraph.
``(G) Administrative review process.--The
Secretary, without any limitations other than those
specified in this section, may detain an alien pending
a determination under subparagraph (E)(ii), if the
Secretary has initiated the administrative review
process identified in subparagraph (A) not later than
30 days after the expiration of the removal period
(including any extension of the removal period under
paragraph (1)(C)).
``(H) Renewal and delegation of certification.--
``(i) Renewal.--The Secretary may renew a
certification under subparagraph (E)(ii) every
6 months, without limitation, after providing
the alien with an opportunity to request
reconsideration of the certification and to
submit documents or other evidence in support
of that request. If the Secretary does not
renew such certification, the Secretary shall
release the alien, pursuant to subparagraph
(I). If the Secretary authorizes an extension
of detention under paragraph (E), the alien may
seek review of that determination before the
Attorney General. If the Attorney General
concludes that the alien should be released,
then the Secretary shall release the alien
pursuant to subparagraph (I).
``(ii) Delegation.--Notwithstanding any
other provision of law, the Secretary may not
delegate the authority to make or renew a
certification described in subclause (II),
(III), or (V) of subparagraph (E)(ii) below the
level of the Assistant Secretary for
Immigration and Customs Enforcement.
``(iii) Hearing.--The Secretary may request
that the Attorney General, or a designee of the
Attorney General, provide for a hearing to make
the determination described in subparagraph
(E)(ii)(IV)(bb)(BB).
``(I) Conditions on release.--If it is determined
that an alien should be released from detention, the
Secretary may, in the Secretary's discretion, impose
conditions on release in accordance with the
regulations prescribed pursuant to paragraph (3).
``(J) Redetention of certain aliens.--The
Secretary, without any limitations other than those
specified in this section, may detain any alien subject
to a final removal order who has previously been
released from custody if--
``(i) the alien fails to comply with the
conditions of release;
``(ii) the alien fails to continue to
satisfy the conditions described in
subparagraph (B); or
``(iii) upon reconsideration, the Secretary
determines that the alien can be detained under
subparagraph (E).
``(K) Applicability.--This paragraph and paragraphs
(6) and (7) shall apply to any alien returned to
custody under subparagraph (I) as if the removal period
terminated on the day of the redetention.
``(L) Detention review process for aliens who have
effected an entry and fail to cooperate with removal.--
The Secretary shall detain an alien until the alien
makes all reasonable efforts to comply with a removal
order and to cooperate fully with the Secretary's
efforts, if the alien--
``(i) has effected an entry into the United
States; and
``(ii)(I) and the alien faces a significant
likelihood that the alien will be removed in
the reasonably foreseeable future, or would
have been removed if the alien had not--
``(aa) failed or refused to
make all reasonable efforts to
comply with a removal order;
``(bb) failed or refused to
fully cooperate with the
Secretary's efforts to
establish the alien's identity
and carry out the removal
order, including the failure to
make timely application in good
faith for travel or other
documents necessary to the
alien's departure; or
``(cc) conspired or acted
to prevent removal; or
``(II) the Secretary makes a certification
as specified in subparagraph (E), or the
renewal of a certification specified in
subparagraph (H).
``(M) Detention review process for aliens who have
not effected an entry.--Except as otherwise provided in
this subparagraph, the Secretary shall follow the
guidelines established in section 241.4 of title 8,
Code of Federal Regulations, when detaining aliens who
have not effected an entry. The Secretary may decide to
apply the review process outlined in this paragraph.
``(9) Judicial review.--Judicial review of any action or
decision made pursuant to paragraph (6), (7), or (8) shall be
available exclusively in a habeas corpus proceeding brought in
a United States district court and only if the alien has
exhausted all administrative remedies (statutory and
nonstatutory) available to the alien as of right.''.
(b) Effective Date.--The amendments made by subsection (a)--
(1) shall take effect on the date of the enactment of this
Act; and
(2) shall apply to--
(A) any alien subject to a final administrative
removal, deportation, or exclusion order that was
issued before, on, or after the date of the enactment
of this Act, unless (a) that order was issued and the
alien was subsequently released or paroled before the
enactment of this Act and (b) the alien has complied
with and remains in compliance with the terms and
conditions of that release or parole; and
(B) any Act or condition occurring or existing
before, on, or after the date of the enactment of this
Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line