I 

108TH CONGRESS 

1ST SESSION H. R. 3106

To strengthen the law enabling the United States to expeditiously remove 

terrorist criminals, to add flexibility with respect to the places to which 

aliens may be removed, to give sufficient authority to the Secretary 

of Homeland Security and the Attorney General to remove aliens who 

pose a danger to national security, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 17, 2003

Mr. SMITH of Texas (for himself, Mr. FORBES, Mr. KING of Iowa, Mr. 

FEENEY, Mr. CARTER, Mr. GALLEGLY, Mr. GOODLATTE, Mrs. 

BLACKBURN, Mr. BARTLETT of Maryland, Mr. JENKINS, and Ms. HART) 

introduced the following bill; which was referred to the Committee on the 

Judiciary 

A BILL

To strengthen the law enabling the United States to expeditiously remove terrorist criminals, to add flexibility with 

respect to the places to which aliens may be removed, 

to give sufficient authority to the Secretary of Homeland 

Security and the Attorney General to remove aliens who 

pose a danger to national security, 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. SHORT TITLE. 

2 This Act may be cited as the ‘‘Removal of Terrorist 

3 Criminal Aliens Act of 2003’’. 

4 SEC. 2. EXPEDITED REMOVAL OF TERRORIST CRIMINAL 

5 ALIENS. 

6 (a) IN GENERAL.—Title II of the Immigration and 

7 Nationality Act (8 U.S.C. 1151 et seq.) is amended by 

8 inserting after section 238 the following: 

9 ‘‘SEC. 238A. EXPEDITED REMOVAL OF TERRORIST CRIMI10 NAL ALIENS. 

11 ‘‘(a) IN GENERAL.—The Secretary of Homeland Se12 curity, in such Secretary’s discretion, may in the case of 

13 an alien described in subsection (b), determine whether 

14 such alien is deportable and issue a final order of removal 

15 pursuant to the procedures set forth in this section. 

16 ‘‘(b) ALIENS DESCRIBED.—An alien is described in 

17 this subsection if—

18 ‘‘(1) the alien, whether or not admitted into the 

19 United States, was convicted of any criminal offense 

20 described in paragraph (2), (3)(B), or (6) of section 

21 237(a) (without regard to the date of the commis22 sion of the offense); and 

23 ‘‘(2) the Secretary of Homeland Security, in 

24 such Secretary’s discretion and in consultation with 

25 appropriate heads of agencies of the executive 

26 branch, certifies that the alien is engaged in any ac-
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1 tivity that endangers the national security of the 

2 United States. 

3 ‘‘(c) EXECUTION OF ORDER.—

4 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

5 Security, in such Secretary’s discretion, may at any 

6 time execute any order described in subsection (a), 

7 except—

8 ‘‘(A) during the 14-day period commencing 

9 after the date on which such order is issued, in 

10 order that the alien has an opportunity to apply 

11 for judicial review under section 242, unless 

12 this subparagraph is waived by the alien; or 

13 ‘‘(B) if the removal has been stayed under 

14 section 242(f)(2). 

15 ‘‘(2) REVIEW.—Notwithstanding any other pro16 vision of law, including section 2241 of title 28, 

17 United States Code, no court other than a court of 

18 appeals pursuant to its jurisdiction under section 

19 242 of this Act shall have jurisdiction to review or 

20 set aside any order, action, or decision taken or 

21 issued pursuant to this section. Review in the court 

22 of appeals shall be limited to determining whether 

23 the petitioner is—

24 ‘‘(A) an alien; and 
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1 ‘‘(B) subject to a final judgment of convic2 tion for an offense described in paragraph (2), 

3 (3)(B), or (6) of section 237(a). 

4 ‘‘(d) REGULATIONS.—Proceedings before the Sec5 retary of Homeland Security under this section shall be 

6 in accordance with such regulations as such Secretary 

7 shall prescribe. Such regulations shall provide that—

8 ‘‘(1) the alien shall be given reasonable notice 

9 of the grounds for removal alleged and of the oppor10 tunity described in paragraph (3); 

11 ‘‘(2) the alien shall have the privilege of being 

12 represented (at no expense to the Government) by 

13 such counsel, authorized to practice in such pro14 ceedings, as the alien shall choose; 

15 ‘‘(3) the alien shall have a reasonable oppor16 tunity to inspect the evidence and rebut the charges 

17 that the alien is subject to a final judgment of con18 viction for an offense described in paragraph (2), 

19 (3)(B), or (6) of section 237(a); 

20 ‘‘(4) a determination shall be made on the 

21 record that the individual upon whom the notice for 

22 the proceeding under this section is served (either in 

23 person or by mail) is, in fact, the alien named in 

24 such notice; 
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1 ‘‘(5) a record shall be maintained for judicial 

2 review; and 

3 ‘‘(6) the final order of removal may not be ad4 judicated by the same person who issues the 

5 charges. 

6 ‘‘(e) ELIGIBILITY FOR CERTAIN RELIEF.—No alien 

7 described in subsection (b), regardless of whether the alien 

8 is subject to procedures under this section or to pro9 ceedings under section 240, shall be eligible for with10 holding under section 241(b)(3) or for any discretionary 

11 relief from removal under the immigration laws of the 

12 United States.’’. 

13 (b) CLERICAL AMENDMENT.—The table of contents 

14 for the Immigration and Nationality Act is amended by 

15 inserting after the item relating to section 238 the fol16 lowing:

‘‘238A. Expedited removal of terrorist criminal aliens.’’.

17 SEC. 3. ADDITIONAL REMOVAL AUTHORITIES. 

18 (a) IN GENERAL.—Section 241(b) of the Immigra19 tion and Nationality Act (8 U.S.C. 1231(b)) is amended—

20 (1) in paragraph (1)—

21 (A) by striking ‘‘Attorney General’’ each 

22 place such term appears and inserting ‘‘Sec23 retary of Homeland Security’’; 

24 (B) in each of subparagraphs (A) and (B), 

25 by striking the period at the end and inserting 
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1 ‘‘unless, in the opinion of the Secretary of 

2 Homeland Security, removing the alien to such 

3 country would be prejudicial to the United 

4 States.’’; and 

5 (C) by amending subparagraph (C) to read 

6 as follows: 

7 ‘‘(C) ALTERNATIVE COUNTRIES.—If the 

8 alien is not removed to a country designated in 

9 subparagraph (A) or (B), the Secretary of 

10 Homeland Security may, in such Secretary’s 

11 discretion, remove the alien to—

12 ‘‘(i) the country of which the alien is 

13 a citizen, subject, or national, unless the 

14 country prevents the alien from entering 

15 the country upon the alien’s removal there; 

16 or 

17 ‘‘(ii) any country whose government 

18 will accept the alien into that country.’’; 

19 and 

20 (2) in paragraph (2)—

21 (A) by striking ‘‘Attorney General’’ each 

22 place such term appears and inserting ‘‘Sec23 retary of Homeland Security’’; 

24 (B) by amending subparagraph (D) to 

25 read as follows: 
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1 ‘‘(D) ALTERNATIVE COUNTRIES.—If the 

2 alien is not removed to a country designated 

3 under subparagraph (A)(i), the Secretary of 

4 Homeland Security may, in such Secretary’s 

5 discretion, remove the alien to a country of 

6 which the alien is a subject, national, or citizen, 

7 unless—

8 ‘‘(i) the country prevents the alien 

9 from entering the country upon the alien’s 

10 removal there; or 

11 ‘‘(ii) in the opinion of the Secretary of 

12 Homeland Security, removing the alien to 

13 the country would be prejudicial to the 

14 United States.’’; and 

15 (C) by amending subparagraph (E)(vii) to 

16 read as follows: 

17 ‘‘(vii) Any country whose government 

18 will accept the alien into that country.’’. 

19 (b) EFFECTIVE DATE.—The amendments made by 

20 subsection (a) shall take effect on the date of the enact21 ment of this Act and shall apply to any deportation, exclu22 sion, or removal on or after such date pursuant to any 

23 deportation, exclusion, or removal order, regardless of 

24 whether such order is administratively final before, on, or 

25 after such date. 
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1 SEC. 4. REMOVAL OF ALIENS POSING A DANGER TO NA2 TIONAL SECURITY. 

3 Section 237(a)(4) of the Immigration and Nationality 

4 Act (8 U.S.C. 1227(a)(4)) is amended by adding at the 

5 end the following: 

6 ‘‘(E) NATIONAL SECURITY.—

7 ‘‘(i) ALIENS OTHER THAN LAWFUL

8 PERMANENT RESIDENTS.—An alien, other 

9 than an alien lawfully admitted for perma10 nent residence, whose presence or activities 

11 in the United States the Attorney General 

12 or the Secretary of Homeland Security has 

13 reason to believe poses or pose a danger to 

14 the national security of the United States 

15 (as defined in section 219(c)(2)), is deport16 able. 

17 ‘‘(ii) DELEGATION.—Delegation by 

18 the Attorney General and the Secretary of 

19 Homeland Security of authority to make 

20 determinations for the purpose of estab21 lishing deportability under this subpara22 graph shall be limited to the Deputy Attor23 ney General and the Deputy Secretary of 

24 Homeland Security, respectively. 

25 ‘‘(iii) BEST AVAILABLE INFORMA26 TION.—In making determinations for the 
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1 purpose of establishing whether an alien is 

2 deportable under this subparagraph, the 

3 Attorney General or the Deputy Attorney 

4 General, and the Secretary of Homeland 

5 Security or Deputy Secretary of Homeland 

6 Security, may take into account the best 

7 available information from the intelligence 

8 community, including confidential or na9 tional security information, and shall con10 sult with appropriate heads of agencies of 

11 the executive branch. 

12 ‘‘(iv) JUDICIAL REVIEW.—A deter13 mination made under this subparagraph 

14 shall be affirmed if challenged in Federal 

15 court where a facially legitimate and bona 

16 fide reason in support of the determination 

17 is provided. 

18 ‘‘(v) RELIEF AND WITHHOLDING.—An 

19 alien who is deportable under this subpara20 graph shall not be eligible for any discre21 tionary relief from removal or for with22 holding of removal under section 

23 241(b)(3). Notwithstanding any other pro24 vision of law, including section 2241 of 

25 title 28, United States Code, no court shall 
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1 have jurisdiction to review a denial of relief 

2 or withholding made pursuant to this 

3 clause.’’.

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