[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4032 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 4032
To amend the Immigration and Nationality Act to remove the discretion
of the Secretary of Homeland Security with respect to expedited removal
under section 235(b)(1)(A)(iii)(I) of such Act and to amend the Truth
in Lending Act to prohibit issuance of residential mortgages to illegal
aliens.
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IN THE HOUSE OF REPRESENTATIVES
October 7, 2005
Mr. Doolittle introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on
Financial Services, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to remove the discretion
of the Secretary of Homeland Security with respect to expedited removal
under section 235(b)(1)(A)(iii)(I) of such Act and to amend the Truth
in Lending Act to prohibit issuance of residential mortgages to illegal
aliens.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. REMOVAL OF DISCRETION TO ORDER EXPEDITED REMOVAL.
Section 235(b)(1)(A)(iii)(I) of the Immigration and Nationality Act
(8 U.S.C. 1225(b)(1)(A)(iii)(I)) is amended to read as follows:
``(I) In general.--The Secretary of
Homeland Security shall apply clauses
(i) and (ii) of this subparagraph to
all aliens described in subclause (II),
except that if the Secretary, after
consulting with appropriate Federal,
State, or local law enforcement
agencies, determines that the alien
will be detained under the authority of
such an agency, the Secretary may not
remove the alien until such detention
terminates.''.
SEC. 2. RESIDENTIAL MORTGAGES PROHIBITED FOR ALIENS RESIDING IN THE
UNITED STATES UNLAWFULLY.
(a) In General.--Chapter 2 of the Truth in Lending Act (15 U.S.C.
1631 et seq.) is amended by adding at the end the following new
section:
``Sec. 140. Residential mortgages prohibited for aliens residing in the
United States unlawfully
``Notwithstanding any provision of State law, no credit may be
extended by any creditor to any alien unlawfully residing in the United
States in any consumer credit transaction in which a security interest,
including any such interest arising by operation of law, is or will be
retained or acquired in any property located within the United States
which is used as a residence of such alien.''.
(b) Clerical Amendment.--The table of sections for chapter 2 of the
Truth in Lending Act is amended by inserting after the item relating to
section 139 the following new item:
``140. Mortgages prohibited for aliens residing in the United States
unlawfully.''.
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