I 

108TH CONGRESS 

1ST SESSION H. R. 3115

To prevent a State or unit of local government from using Federal funds 

to assist prosecutors unless the State or unit provides information to 

the Department of Homeland Security on individuals convicted of crimes 

for use by the Department in identifying immigration violations by such 

individuals, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 17, 2003

Mr. FOSSELLA introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL

To prevent a State or unit of local government from using 

Federal funds to assist prosecutors unless the State or 

unit provides information to the Department of Homeland Security on individuals convicted of crimes for use 

by the Department in identifying immigration violations 

by such individuals, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. PROHIBITION ON USE OF FEDERAL FUNDS TO 

2 ASSIST PROSECUTORS. 

3 A State or unit of local government may not use, for 

4 the benefit of State or local prosecutors, any portion of 

5 any Federal funds unless the State or unit—

6 (1) for each conviction of a person obtained by 

7 that State or unit, provides the Department of 

8 Homeland Security with information adequate for 

9 the Department to use in determining whether the 

10 person is lawfully present in the United States; and 

11 (2) for each person determined by the Depart12 ment of Homeland Security pursuant to paragraph 

13 (1) to be unlawfully present in the United States, 

14 transfers custody of that person to the Department 

15 not later than—

16 (A) the date on which that person’s term 

17 of imprisonment expires, if a term of imprison18 ment is imposed; or 

19 (B) the date of the person’s sentencing, if 

20 a term of imprisonment is not imposed. 

21 SEC. 2. DETENTION OF CRIMINAL ALIENS. 

22 Section 236(c)(1) of the Immigration and Nationality 

23 Act (8 U.S.C. 1226(c)(1)) is amended—

24 (1) in subparagraph (C), by striking ‘‘or’’; 

25 (2) in subparagraph (D), by adding ‘‘or’’ at the 

26 end; and 
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1 (3) by inserting after subparagraph (D) the fol2 lowing: 

3 ‘‘(E) has been convicted of any Federal or 

4 State offense and is deportable on any 

5 ground,’’. 

6 SEC. 3. EXPEDITED REMOVAL OF INADMISSIBLE CRIMINAL 

7 ALIENS. 

8 (a) IN GENERAL.—Section 238 of the Immigration 

9 and Nationality Act (8 U.S.C. 1228) is amended—

10 (1) by amending the section heading to read as 

11 follows: ‘‘EXPEDITED REMOVAL OF ALIENS 

12 CONVICTED OF CRIMES’’; 

13 (2) in the first sentence of subsection (a)(1), by 

14 striking ‘‘covered in’’ through ‘‘241(a)(2)(A)(i)’’; 

15 (3) in subsection (a)(3)—

16 (A) by striking ‘‘an aggravated felony’’ and 

17 inserting ‘‘a crime’’; and 

18 (B) by striking ‘‘aggravated felony.’’ and 

19 inserting ‘‘crime.’’; and 

20 (4) in subsection (c)(2)(B), by striking ‘‘the 

21 crime or crimes which make the defendant deport22 able under section 241(a)(2)(A).’’ and inserting ‘‘the 

23 ground or grounds for removing the alien from the 

24 United States.’’. 
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1 (b) CLERICAL AMENDMENT.—The table of contents 

2 of the Immigration and Nationality Act is amended by 

3 amending the item relating to section 238 to read as fol4 lows:

‘‘Sec. 238. Expedited removal of aliens convicted of crimes.’’.

Æ