Criminal Alien Deportation Act

Summary: Criminal Alien Deportation Act This bill amends the the Immigration and Nationality Act to require the detention of any alien who is: (1) unlawfully present in the United States; and (2) arrested for specified offenses, conviction of any of which would render the alien inadmissible or deportable. Release authority is transferred from the Department of Justice (DOJ) to the Department of Homeland Security (DHS), and amended to provide that DHS:   may release an alien held pursuant to this Act to the appropriate authority for any proceedings subsequent to the arrest,  shall resume custody of such alien during any period pending the final disposition of any such proceedings when the alien is not in the custody of the appropriate authority, and  shall continue to detain until removal proceedings are completed any alien not convicted of the offense for which he or she was arrested.  DHS shall complete removal proceedings for any such detained alien within 90 days.  It shall be the goal of DOJ, DHS, and the Executive Office for Immigration Review to use funds authorized under this Act to resolve promptly cases pertaining to aliens inadmissible on specified criminal grounds. In order to help achieve this goal DOJ shall designate up to 100 temporary immigration judges and DHS shall hire 150 new immigration litigation attorneys.  It is the sense of the Senate that:  gains made in border security and positive trends in recidivism rates are of critical importance to those living and working in the border region and to the nation as a whole;  refusing to prosecute first time illegal border crossers under Operation Streamline will jeopardize border security gains;  border security steps that have led to improvement on the border, such as Operation Streamline, should be preserved; and  appropriate executive branch officials should remove any issued or related prohibition, policy, or direction to cease prosecuting first time illegal border crossers under Operation Streamline.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Criminal Alien Deportation Act''.

SEC. 2. MANDATORY DETENTION AND PROMPT REMOVAL OF CERTAIN CRIMINAL 
              ALIENS.

    (a) Detention.--Section 236(c) of the Immigration and Nationality 
Act (8 U.S.C. 1226(c)(1)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), by striking the comma at 
                the end and inserting a semicolon;
                    (B) in subparagraph (B), by striking the comma at 
                the end and inserting a semicolon;
                    (C) in subparagraph (C), by striking ``, or'' at 
                the end and inserting a semicolon;
                    (D) in subparagraph (D), by striking the comma at 
                the end and inserting ``; or''; and
                    (E) by inserting after subparagraph (D) the 
                following:
                    ``(E)(i) is unlawfully present in the United 
                States, as determined by the Secretary of Homeland 
                Security; and
                    ``(ii) is arrested for any offense described in 
                subparagraphs (A) through (D), the conviction of which 
                would render the alien inadmissible under section 
                212(a) or deportable under section 237(a),''; and
            (2) in paragraph (2)--
                    (A) by striking ``The Attorney General'' and 
                inserting the following:
                    ``(A) In general.--Except as provided in 
                subparagraph (C), the Secretary of Homeland Security'';
                    (B) by striking ``Attorney General'' each place 
                such term appears and inserting ``Secretary'';
                    (C) by striking ``Code, that release'' and 
                inserting the following: ``Code, that--
                            ``(i) release'';
                    (D) by striking ``investigation, and the alien'' 
                and inserting the following: ``investigation; and
                            ``(ii) the alien'';
                    (E) by striking ``A decision relating to such 
                release'' and inserting the following:
                    ``(B) Decision procedure.--A decision relating to a 
                release under subparagraph (A)''; and
                    (F) by adding at the end the following:
                    ``(D) Aliens who have been arrested, but not 
                convicted.--The Secretary of Homeland Security may 
                release any alien held pursuant to paragraph (1)(E) to 
                the appropriate authority for any proceedings 
                subsequent to the arrest. The Secretary shall resume 
                custody of such alien during any period pending the 
                final disposition of any such proceedings when the 
                alien is not in the custody of such appropriate 
                authority. If the alien is not convicted of the offense 
                for which the alien was arrested, the Secretary shall 
                continue to detain the alien until removal proceedings 
                are completed.''.
    (b) Prompt Removal.--Section 239(d) of the Immigration and 
Nationality Act (8 U.S.C. 1229(d)) is amended by adding at the end the 
following:
            ``(3) The Secretary of Homeland Security shall complete 
        removal proceedings for any alien held pursuant to section 
        236(c)(1)(E) not later than 90 days after such alien is 
        detained.''.

SEC. 3. EMERGENCY IMMIGRATION PERSONNEL.

    (a) Goal.--It shall be the goal of the Attorney General, the 
Secretary of Homeland Security, and the Director of the Executive 
Office for Immigration Review to use the amounts appropriated pursuant 
to subsection (d) to bring a prompt resolution to immigration cases 
pertaining to aliens who are inadmissible under section 212(a)(2) or 
237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a) and 
1227(a)).
    (b) Emergency Immigration Judges.--
            (1) Designation.--Not later than 14 days after the date of 
        the enactment of this Act, the Attorney General shall designate 
        up to 100 temporary immigration judges, for renewable 6-month 
        terms, including by hiring retired immigration judges, 
        magistrate judges, administrative law judges, or other 
        qualified attorneys using the same criteria as applied to the 
        hiring of permanent immigration judges.
            (2) Requirement.--The Attorney General shall ensure that 
        sufficient immigration judge resources are dedicated to 
        achieving the goal described in subsection (a).
    (c) Immigration Litigation Attorneys.--The Secretary of Homeland 
Security shall hire 150 new immigration litigation attorneys in the 
Field Legal Operations of U.S. Immigration and Customs Enforcement to 
ensure that the goal described in subsection (a) is achieved.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated $100,000,000 to carry out this section.

SEC. 4. SENSE OF THE SENATE REGARDING THE PROSECUTION OF FIRST TIME 
              ILLEGAL BORDER CROSSERS.

    It is the sense of the Senate that--
            (1) gains made in border security and positive trends in 
        recidivism rates are of critical importance to those living and 
        working in the border region and to the Nation as a whole;
            (2) refusing to prosecute first time illegal border 
        crossers under Operation Streamline will jeopardize border 
        security gains;
            (3) the border security steps that have led to some measure 
        of improvement on the border, such as the historical 
        implementation of Operation Streamline, should be preserved; 
        and
            (4) appropriate officials of the executive branch should 
        immediately remove any issued or related prohibition, policy, 
        guidance, or direction to cease prosecuting first time illegal 
        border crossers under Operation Streamline.

SEC. 5. REPORTING REQUIREMENTS.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, and annually thereafter, the Secretary of 
Homeland Security shall submit a report to the Committee on the 
Judiciary of the Senate and the Committee on the Judiciary of the House 
of Representatives that includes the information specified in 
subsection (b).
    (b) Contents.--The report required under subsection (a) shall 
describe--
            (1) the number of aliens currently present in the United 
        States who have ever been arrested for a criminal offense;
            (2) the number of aliens currently present in the United 
        States who have ever been convicted of a criminal offense;
            (3) the number of aliens with final orders of removal who 
        are currently present in the United States and of such aliens--
                    (A) how many have ever been arrested for any 
                criminal offense; and
                    (B) how many have ever been convicted for any 
                criminal offense;
            (4) the number of detainers that were issued by the 
        Department of Homeland Security during the previous fiscal year 
        and the number of such detainers that were honored; and
            (5) during the previous fiscal year--
                    (A) the number of aliens who were deported not 
                later than 90 days after being detained by U.S. 
                Immigration and Customs Enforcement, as required under 
                section 239(d)(3) of the Immigration and Nationality 
                Act (8 U.S.C. 1229(d)) and the criminal offenses of 
                such aliens;
                    (B) of the aliens who should have been deported 
                under such section and were not deported within 90 days 
                of detention--
                            (i) the reasons the aliens were not 
                        deported; and
                            (ii) the criminal offenses of such aliens; 
                        and
                    (C) of the aliens who were released from the 
                custody of U.S. Immigration and Customs Enforcement and 
                not deported--
                            (i) the number of such aliens;
                            (ii) the criminal offenses committed by 
                        such aliens;
                            (iii) the conditions of their release;
                            (iv) the number of aliens who committed a 
                        crime after being released from custody; and
                            (v) a list of crimes committed by such 
                        aliens.