I

106TH CONGRESS

2D SESSION H. R. 5293

To amend the Immigration and Nationality Act to improve provisions relating

to inadmissibility and detention of, and cancellation of removal for,

aliens who have committed crimes, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 26, 2000

Mr. SMITH of Texas introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To amend the Immigration and Nationality Act to improve

provisions relating to inadmissibility and detention of,

and cancellation of removal for, aliens who have committed crimes, 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,

3 SECTION 1. RENDERING ALIENS CONVICTED OF AN AGGRA4 VATED FELONY OR A FIREARM OFFENSE IN5 ADMISSIBLE.

6 (a) IN GENERAL.—Section 212(a)(2) of the Immi7 gration and Nationality Act (8 U.S.C. 1182(a)(2)) is

8 amended by adding at the end the following:
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1 ‘‘(H) AGGRAVATED FELONY.—

2 ‘‘(i) IN GENERAL.—Any alien who is

3 convicted of an aggravated felony is inad4 missible.

5 ‘‘(ii) WAIVER AUTHORIZED.—Clause

6 (i) shall not apply in the case of an alien

7 with respect to a criminal conviction if the

8 alien subsequent to the criminal conviction

9 has been granted a full and unconditional

10 pardon by the President of the United

11 States or by the Governor of any of the

12 several States.

13 ‘‘(I) CERTAIN FIREARM OFFENSES.—Any

14 alien who is convicted under any law of pur15 chasing, selling, offering for sale, exchanging,

16 using, owning, possessing, or carrying, or of at17 tempting or conspiring to purchase, sell, offer

18 for sale, exchange, use, own, possess, or carry,

19 any weapon, part, or accessory which is a fire20 arm or destructive device (as defined in section

21 921(a) of title 18, United States Code) in viola22 tion of any law is inadmissible.’’.

23 (b) EFFECTIVE DATE.—The amendment made by

24 subsection (a) shall apply to convictions entered on or

25 after the date of the enactment of this Act.
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1 SEC. 2. LIMITATION ON WAIVER OF INADMISSIBILITY FOR

2 CRIMINAL ALIENS UNLAWFULLY PRESENT IN

3 THE UNITED STATES.

4 (a) IN GENERAL.—Section 212(h) of the Immigra5 tion and Nationality Act (8 U.S.C. 1182(h)) is amended

6 by inserting before the final sentence the following:

7 ‘‘No waiver shall be granted under this subsection in the

8 case of any alien who is present in the United States after

9 the expiration of the period of stay authorized by the At10 torney General or is present in the United States without

11 being admitted or paroled if either the alien has been con12 victed of an aggravated felony committed in the United

13 States or the alien has not resided continuously in the

14 United States for a period of not less than 7 years imme15 diately preceding the date of initiation of proceedings to

16 remove the alien from the United States.’’.

17 (b) EFFECTIVE DATE.—The amendment made by

18 subsection (a) shall apply to waivers granted on or after

19 the date of the enactment of this Act.

20 SEC. 3. INADMISSIBILITY AND INELIGIBILITY FOR FINDING

21 OF GOOD MORAL CHARACTER FOR ALIENS

22 WHO MAKE MISREPRESENTATIONS TO PRO23 CURE BENEFITS FOR OTHERS.

24 (a) INADMISSIBILITY.—Section 212(a)(6)(C)(i) of

25 the Immigration and Nationality Act (8 U.S.C.

26 1182(a)(6)(C)(i)) is amended by striking ‘‘this Act’’ and
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1 inserting ‘‘this Act, for himself, herself, or any other

2 alien,’’.

3 (b) INELIGIBILITY FOR FINDING OF GOOD MORAL

4 CHARACTER.—Section 101(f)(6) of the Immigration and

5 Nationality Act (8 U.S.C. 1101(f)(6)) is amended to read

6 as follows:

7 ‘‘(6) one who, by fraud or willfully misrepre8 senting a material fact, has sought to procure or has

9 procured a visa, other documentation, or admission

10 into the United States or other benefit provided

11 under this Act, for himself, herself, or any other

12 alien;’’.

13 (c) EFFECTIVE DATE.—The amendments made by

14 this section shall apply to misrepresentations made on or

15 after the date of the enactment of this Act.

16 SEC. 4. TERMINATION OF CONTINUOUS PRESENCE FOR

17 PURPOSES OF CANCELLATION OF REMOVAL

18 UPON COMMISSION OF OFFENSE RENDERING

19 ALIEN INADMISSIBLE OR DEPORTABLE.

20 (a) IN GENERAL.—Section 240A(d)(1) of the Immi21 gration and Nationality Act (8 U.S.C. 1229b(d)(1)) is

22 amended by striking ‘‘referred to in section 212(a)(2)’’.

23 (b) EFFECTIVE DATE.—The amendment made by

24 subsection (a) shall apply to aliens who are in proceedings

25 under the Immigration and Nationality Act on or after
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1 the date of the enactment of this Act if those proceedings

2 have not resulted in a final administrative order before

3 such date.

4 SEC. 5. DETENTION AND RELEASE OF CRIMINAL ALIENS

5 PENDING REMOVAL DECISION.

6 (a) ARREST AND DETENTION.—

7 (1) IN GENERAL.—Section 236(c)(1) of the Im8 migration and Nationality Act (8 U.S.C. 1226(c)(1))

9 is amended—

10 (1) by striking the matter preceding subpara11 graph (A) and inserting the following:

12 ‘‘(1) ARREST AND DETENTION.—On a warrant

13 issued by the Attorney General, an alien shall be ar14 rested and detained pending a decision on whether

15 the alien is to be removed from the United States

16 if the Attorney General alleges that the alien—’’;

17 (2) in subparagraph (D), by striking the comma

18 at the end and inserting a period; and

19 (3) by striking the matter following subpara20 graph (D) and adding at the end the following:

21 ‘‘Nothing in this paragraph shall be construed as re22 quiring the Attorney General to arrest or detain an

23 alien who is sentenced to a term of imprisonment

24 until the alien is released from imprisonment, but

25 parole, supervised release, probation, or possibility of
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1 arrest or further imprisonment is not a reason for

2 the Attorney General to defer arrest and detention

3 under this paragraph.’’.

4 (2) EFFECTIVE DATE.—The amendments made

5 by paragraph (1) shall apply to aliens who are in

6 proceedings under the Immigration and Nationality

7 Act on or after the date of the enactment of this Act

8 if those proceedings have not resulted in a final ad9 ministrative order before such date.

10 (b) RELEASE.—

11 (1) IN GENERAL.—Section 236(c)(2) of the Im12 migration and Nationality Act (8 U.S.C. 1226(c)(2))

13 is amended by adding at the end the following:

14 ‘‘The Attorney General may release an alien under

15 this paragraph only on bond of at least $2,000 with

16 security approved by, and containing conditions pre17 scribed by, the Attorney General.’’.

18 (2) EFFECTIVE DATE.—The amendment made

19 by paragraph (1) shall apply to releases occurring on

20 or after the date of the enactment of this Act.

Æ