Summary: H.R.5284 — 101st Congress (1989-1990)All Information (Except Text)

There is one summary for H.R.5284. Bill summaries are authored by CRS.

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Introduced in House (07/16/1990)

Criminal Alien Deportation Amendments of 1990 - Amends the Immigration and Nationality Act to replace the definition of "aggravated felony" with definitions for "class 1 felony" and "class 2 felony." Establishes a time frame for filing petitions for judicial review of deportation orders for aliens convicted of class 1 or 2 felonies. Bars reentry of aliens convicted of class 1 or 2 felonies for 20 years or ten years, respectively. Limits the period of time counted toward suspension of deportation for aliens who have committed class 2 felonies. Makes specified provisions currently applicable to aggravated felonies applicable to class 1 felonies.

Sets forth procedures for notices of deportation hearings and in absentia hearings.

Prohibits, unless the Attorney General determines that sufficient resources for deportation do not exist, any alien from departing voluntarily from the United States at his own expense in lieu of deportation if such alien has, within the previous ten years, been granted a date by which he must depart voluntarily and has failed to depart. Provides that any such alien who has failed to depart shall be deportable.

Requires defenses with respect to the deportation of an alien to be raised in the alien's response to the order initiating deportation proceedings. Exempts from such requirement applications for asylum or withholding of deportation which arise because of a change in circumstance in the country of the alien's nationality after the initiation of deportation proceedings.

Sets forth requirements with respect to motions to reopen or reconsider proceedings against an alien. Exempts from such requirements the same circumstances granted exemptions from defense requirements. Sets forth procedures for administrative appeals. Permits only one administrative appeal to be made with respect to motions to reopen or reconsider deportation proceedings. Sets forth conditions under which such appeals shall be considered frivolous. Prescribes civil penalties for submission of frivolous appeals. Permits attorneys who submit two or more frivolous appeals in one year to be barred from representing parties in deportation proceedings for a specified time period.

Provides aliens with up to 14 days from the time the alien first appears before the Attorney General in deportation proceedings in order for the alien to secure counsel.

Prohibits aliens who have been convicted of class 1 or 2 felonies from applying for, or being granted, asylum. Excludes aliens convicted of class 1 felonies from the definition concerning good moral character.

Grants Immigration and Naturalization Service (INS) officers and employees the power to make arrests for offenses against the United States and to carry firearms.

Directs the INS Commissioner to provide for the fingerprinting and photographing of each alien 14 or over against whom a deportation proceeding is commenced.

Requires the Attorney General to report to the House and Senate Judiciary Committees on: (1) information, for each of the 36 months preceding this Act's enactment, on the number of deportation orders issued per month and the percentage of orders executed; and (2) the number of aliens whose deportation hearings have been conducted and the percentage that such number represents of the total number of deportable aliens eligible for such hearings since November 18, 1988.

Conditions the admittance of returning resident aliens on such aliens not having been convicted of a class 1 or 2 felony for which a term of more than two years of imprisonment was imposed.

Eliminates an exemption from deportation for an alien convicted of a crime and for whom a court has made a recommendation that such alien not be deported.

Makes ineligible to receive a visa and excludes from admission into the United States an alien convicted of a class 2 felony who departs voluntarily from the United States at his own expense.

Provides for the transfer of a specified amount of funds from the Immigration Examinations Fee Account to the Executive Office for Immigration Review in the Department of Justice for purposes of removing backlogs in the preparation of transcripts of deportation proceedings.