I

104TH CONGRESS

1ST SESSION H. R. 205

To require the Federal Government to incarcerate or to reimburse State

and local governments for the cost of incarcerating criminal aliens.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 4, 1995

Mr. CONDIT (for himself, Mrs. THURMAN, Mr. CUNNINGHAM, and Mr.

CANADY of Florida) introduced the following bill; which was referred to

the Committee on the Judiciary

A BILL

To require the Federal Government to incarcerate or to

reimburse State and local governments for the cost of

incarcerating criminal aliens.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Criminal Aliens

5 Federal Responsibility Act of 1995’’.
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1 SEC. 2. INCARCERATION OF CRIMINAL ALIENS BY OR AT

2 THE EXPENSE OF THE FEDERAL GOVERN3 MENT.

4 (a) DEFINITION.—In this section, ‘‘criminal alien

5 who has been convicted of a felony and is incarcerated in

6 a State or local correctional facility’’ means an alien

7 who—

8 (1)(A) is in the United States in violation of the

9 immigration laws; or

10 (B) is deportable or excludable under the Immi11 gration and Nationality Act (8 U.S.C. 1101 et seq.);

12 and

13 (2) has been convicted of a felony under State

14 or local law and incarcerated in a correctional facil15 ity of the State or a subdivision of the State.

16 (b) FEDERAL CUSTODY.—At the request of a State

17 or political subdivision of a State, the Attorney General

18 shall—

19 (1)(A) take custody of a criminal alien who has

20 been convicted of a felony and is incarcerated in a

21 State or local correctional facility; and

22 (B) provide for the imprisonment of the crimi23 nal alien in a Federal prison in accordance with the

24 sentence of the State court; or

25 (2) enter into a contractual arrangement with

26 the State or local government to compensate the
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1 State or local government for incarcerating alien

2 criminals for the duration of their sentences.

3 SEC. 3. EXPEDITING CRIMINAL ALIEN DEPORTATION AND

4 EXCLUSION.

5 (a) CONVICTED DEFINED.—Section 241(a)(2) of the

6 Immigration and Nationality Act (8 U.S.C. 1251(a)(2))

7 is amended by adding at the end the following new sub8 paragraph:

9 ‘‘(E) CONVICTED DEFINED.—In this para10 graph, the term ‘convicted’ means a judge or

11 jury has found the alien guilty or the alien has

12 entered a plea of guilty or nolo contendere,

13 whether or not the alien appeals therefrom.’’.

14 (b) DEPORTATION OF CONVICTED ALIENS.—

15 (1) IMMEDIATE DEPORTATION.—Section 242(h)

16 of such Act (8 U.S.C. 1252(h)) is amended—

17 (A) by striking ‘‘(h) An alien’’ and insert18 ing ‘‘(h)(1) Subject to paragraph (2), an alien’’;

19 (B) by adding at the end the following new

20 paragraph:

21 ‘‘(2) An alien sentenced to imprisonment may be de22 ported prior to the termination of such imprisonment by

23 the release of the alien from confinement, if the Service

24 petitions the appropriate court or other entity with author25 ity concerning the alien to release the alien into the cus-
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1 tody of the Service for execution of an order of deporta2 tion.’’.

3 (2) PROHIBITION OF REENTRY INTO THE UNIT4 ED STATES.—Section 212(a)(2) of such Act (8

5 U.S.C. 1182(a)(2)) is amended—

6 (A) by redesignating subparagraph (F) as

7 subparagraph ‘‘(G)’’; and

8 (B) by inserting after subparagraph (E)

9 the following new subparagraph:

10 ‘‘(F) ALIENS DEPORTED BEFORE SERVING

11 MINIMUM PERIOD OF CONFINEMENT.—An alien

12 deported pursuant to section 242(h)(2) is ex13 cludable during the minimum period of confine14 ment to which the alien was sentenced.’’.

15 (c) EXECUTION OF DEPORTATION ORDERS.—Section

16 242(i) of such Act (8 U.S.C. 1252(i)) is amended by add17 ing at the end the following: ‘‘An order of deportation may

18 not be executed until all direct appeals relating to the con19 viction which is the basis of the deportation order have

20 been exhausted.’’.

21 SEC. 4. DETENTION OF ALIENS SUBJECT TO DEPORTATION

22 ON CRIMINAL AND SECURITY GROUNDS

23 PENDING DEPORTATION PROCEEDINGS.

24 (a) APPREHENSION AND DEPORTATION OF ALIENS

25 SUBJECT TO DEPORTATION ON CRIMINAL OR SECURITY
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1 GROUNDS.—Section 242(a) of the Immigration and Na2 tionality Act (8 U.S.C. 1252(a)) is amended—

3 (1) in the second sentence of paragraph (1) by

4 striking ‘‘paragraph (2),’’ and inserting ‘‘paragraphs

5 (2) and (4),’’; and

6 (2) by adding at the end the following new

7 paragraph:

8 ‘‘(4) Pending a determination of deportability in the

9 case of any alien subject to deportation for criminal of10 fenses or security and related grounds pursuant to para11 graphs (2) and (4) of section 241(a), the Attorney General

12 shall—

13 ‘‘(A) upon warrant of the Attorney General, ar14 rest and take into custody the alien pending a final

15 determination of deportability; or

16 ‘‘(B) take the alien into custody upon release of

17 the alien from incarceration (regardless of whether

18 or not such release is on parole, supervised release,

19 or probation, and regardless of the possibility of re20 arrest or further confinement in respect of the same

21 offense) pending a final determination of deportabil22 ity.

23 Notwithstanding paragraph (1) or subsection (c) and (d),

24 the Attorney General shall not release such alien from

25 custody.’’.
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1 (b) MANDATORY DETENTION OF AGGRAVATED FEL2 ONS PENDING DETERMINATION OF DEPORTABILITY.—

3 Section 242(a)(2) of such Act is further amended—

4 (1) by striking subparagraph (B); and

5 (2) in subparagraph (A)—

6 (A) by striking ‘‘(2)(A)’’ and inserting

7 ‘‘(2)’’, and

8 (B) in the second sentence—

9 (i) by striking ‘‘but subject to sub10 paragraph (B)’’, and

11 (ii) by inserting before the period

12 ‘‘pending a final determination of deport13 ability’’.

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

15 this section shall take effect on the date of the enactment

16 of this Act and shall apply to aliens with respect to whom

17 a deportation proceeding is initiated more than 60 days

18 after the date of the enactment of this Act.

19 SEC. 5. PRISONER TRANSFER TREATY PROGRAM.

20 Not later than 90 days after the date of the enact21 ment of this Act, the Attorney General shall submit to

22 the Congress a report on ways to expand bilateral prisoner

23 transfer treaties. Such report shall consider the feasibility

24 of subsidizing the Government of Mexico for costs associ25 ated with the incarceration of Mexican nationals returned
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1 to Mexico pursuant to such a treaty and methods of verify2 ing that prisoners transferred pursuant to such treaties

3 are serving adequate terms of imprisonment upon trans4 fer.

5 SEC. 6. INTERIOR REPATRIATION PROGRAM.

6 Not later than 90 days after the date of the enact7 ment of this Act, in cooperation with the Government of

8 Mexico the Attorney General shall implement a program

9 of interior repatriation of criminal aliens who are deported

10 or voluntarily repatriated to Mexico.

11 SEC. 7. INS CLEARINGHOUSE CONCERNING CRIMINAL

12 ALIENS.

13 Not later than 90 days after the date of the enact14 ment of this Act, the Immigration and Naturalization

15 Service shall develop a uniform and sound methodology

16 for collecting information concerning criminal aliens incar17 cerated in local and State jails, including the number of

18 such aliens.

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