[Page S5055]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1605. Mr. WICKER submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       In section 3701(c), strike paragraph (2) and insert the 
     following:
       (d) Mandatory Detention and Expedited Removal of Certain 
     Criminal Aliens.--
       (1) Mandatory detention.--Section 236(c) (8 U.S.C. 1226(c)) 
     is amended--
       (A) by striking ``Attorney General'' each place such term 
     appears and inserting ``Secretary of Homeland Security''; and
       (B) in paragraph (1)--
       (i) in subparagraph (B), by striking ``section 
     237(a)(2)(A)(ii), (A)(iii), (B), (C), or (D),'' and inserting 
     ``subparagraph (A)(ii), (A)(iii), (B), (C), (D), (E), or (G) 
     of section 237(a)(2);''; and
       (ii) in subparagraph (C), by striking ``sentence'' and 
     inserting ``sentenced''.
       (2) Expedited removal.--Section 238 (8 U.S.C. 1228) is 
     amended--
       (A) by striking the section heading and inserting the 
     following:

     ``SEC. 238. EXPEDITED REMOVAL PROCEEDINGS FOR ALIENS 
                   CONVICTED OF SERIOUS CRIMINAL OFFENSES.'';

       (B) by striking ``Attorney General'' each place such term 
     appears and insert ``Secretary of Homeland Security'';
       (C) in subsection (a)--
       (i) by striking paragraph (3);
       (ii) by redesignating paragraph (2) as paragraph (3); and
       (iii) by striking paragraph (1) and inserting the 
     following:
       ``(1) In general.--The Secretary of Homeland Security shall 
     provide for special removal proceedings at certain Federal, 
     State, and local correctional facilities for any alien 
     convicted of--
       ``(A) any criminal offense set forth in subparagraph 
     (A)(iii), (B), (C), (D), (E), or (G) of section 237(a)(2); or
       ``(B) 2 or more crimes involving moral turpitude, as 
     described in clause (ii) of section 237(a)(2)(A), for which 
     both predicate offenses are, without regard to the date of 
     their commission, otherwise described in clause (i) of such 
     section.
       ``(2) Conduct of proceedings.--
       ``(A) In general.--Except as otherwise provided in this 
     section, removal proceedings authorized under this section--
       ``(i) shall be conducted in accordance with section 240;
       ``(ii) shall eliminate the need for additional detention at 
     any U.S. Immigration and Customs Enforcement processing 
     center; and
       ``(iii) shall ensure the expeditious removal of the alien 
     following the alien's incarceration for the underlying crime.
       ``(B) Savings provisions.--Nothing in this paragraph may be 
     construed--
       ``(i) to create any substantive or procedural right or 
     benefit that is legally enforceable by any party against the 
     United States, its agencies or officers, or any other person; 
     or
       ``(ii) to require the Secretary of Homeland Security to 
     effect the removal of any alien sentenced to actual 
     incarceration before the alien is scheduled to be released 
     from incarceration for the underlying crime.''; and
       (D) by striking subsection (c), as redesignated by section 
     671(b)(13) of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (division C of Public Law 104-
     208), and inserting the following:
       ``(6) An alien convicted of an offense for which an element 
     was active participation in a criminal street gang, an 
     aggravated felony, or a crime of domestic violence or child 
     abuse shall be conclusively presumed to be deportable from 
     the United States.''.
       (3) Clerical amendment.--The table of contents is amended 
     by striking the item relating to section 238 and inserting 
     the following:

``Sec. 238. Expedited removal proceedings for aliens convicted of 
              serious criminal offenses.''.
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