Text: H.R.5597 — 109th Congress (2005-2006)All Information (Except Text)

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Introduced in House (06/13/2006)


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.


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