II 

114TH CONGRESS 

1ST SESSION S. 1752 

To enhance communication between Federal, State, tribal, and local jurisdictions and to ensure the rapid and effective deportation of certain criminal 

aliens. 

IN THE SENATE OF THE UNITED STATES 

JULY 13, 2015 

Mr. MCCAIN (for himself and Mr. FLAKE) introduced the following bill; which 

was read twice and referred to the Committee on the Judiciary 

A BILL 

To enhance communication between Federal, State, tribal, 

and local jurisdictions and to ensure the rapid and effective deportation of certain 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 Alien Depor5 tation Act’’. 

6 SEC. 2. MANDATORY DETENTION AND PROMPT REMOVAL 

7 OF CERTAIN CRIMINAL ALIENS. 

8 (a) DETENTION.—Section 236(c) of the Immigration 

9 and Nationality Act (8 U.S.C. 1226(c)(1)) is amended— 


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1 (1) in paragraph (1)— 

2 (A) in subparagraph (A), by striking the 

3 comma at the end and inserting a semicolon; 

4 (B) in subparagraph (B), by striking the 

5 comma at the end and inserting a semicolon; 

6 (C) in subparagraph (C), by striking ‘‘, or’’ 

7 at the end and inserting a semicolon; 

8 (D) in subparagraph (D), by striking the 

9 comma at the end and inserting ‘‘; or’’; and 

10 (E) by inserting after subparagraph (D) 

11 the following: 

12 ‘‘(E)(i) is unlawfully present in the United 

13 States, as determined by the Secretary of 

14 Homeland Security; and 

15 ‘‘(ii) is arrested for any offense described 

16 in subparagraphs (A) through (D), the convic17 tion of which would render the alien inadmis18 sible under section 212(a) or deportable under 

19 section 237(a),’’; and 

20 (2) in paragraph (2)— 

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

22 and inserting the following: 

23 ‘‘(A) IN GENERAL.—Except as provided in 

24 subparagraph (C), the Secretary of Homeland 

25 Security’’; 


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1 (B) by striking ‘‘Attorney General’’ each 

2 place such term appears and inserting ‘‘Sec3 retary’’; 

4 (C) by striking ‘‘Code, that release’’ and 

5 inserting the following: ‘‘Code, that— 

6 ‘‘(i) release’’; 

7 (D) by striking ‘‘investigation, and the 

8 alien’’ and inserting the following: ‘‘investiga9 tion; and 

10 ‘‘(ii) the alien’’; 

11 (E) by striking ‘‘A decision relating to 

12 such release’’ and inserting the following: 

13 ‘‘(B) DECISION PROCEDURE.—A decision 

14 relating to a release under subparagraph (A)’’; 

15 and 

16 (F) by adding at the end the following: 

17 ‘‘(D) ALIENS WHO HAVE BEEN ARRESTED, 

18 BUT NOT CONVICTED.—The Secretary of Home19 land Security may release any alien held pursu20 ant to paragraph (1)(E) to the appropriate au21 thority for any proceedings subsequent to the 

22 arrest. The Secretary shall resume custody of 

23 such alien during any period pending the final 

24 disposition of any such proceedings when the 

25 alien is not in the custody of such appropriate 


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1 authority. If the alien is not convicted of the of2 fense for which the alien was arrested, the Sec3 retary shall continue to detain the alien until 

4 removal proceedings are completed.’’. 

5 (b) PROMPT REMOVAL.—Section 239(d) of the Immi6 gration and Nationality Act (8 U.S.C. 1229(d)) is amend7 ed by adding at the end the following: 

8 ‘‘(3) The Secretary of Homeland Security shall 

9 complete removal proceedings for any alien held pur10 suant to section 236(c)(1)(E) not later than 90 days 

11 after such alien is detained.’’. 

12 SEC. 3. EMERGENCY IMMIGRATION PERSONNEL. 

13 (a) GOAL.—It shall be the goal of the Attorney Gen14 eral, the Secretary of Homeland Security, and the Direc15 tor of the Executive Office for Immigration Review to use 

16 the amounts appropriated pursuant to subsection (d) to 

17 bring a prompt resolution to immigration cases pertaining 

18 to aliens who are inadmissible under section 212(a)(2) or 

19 237(a)(2) of the Immigration and Nationality Act (8 

20 U.S.C. 1182(a) and 1227(a)). 

21 (b) EMERGENCY IMMIGRATION JUDGES.— 

22 (1) DESIGNATION.—Not later than 14 days 

23 after the date of the enactment of this Act, the At24 torney General shall designate up to 100 temporary 

25 immigration judges, for renewable 6-month terms, 


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1 including by hiring retired immigration judges, mag2 istrate judges, administrative law judges, or other 

3 qualified attorneys using the same criteria as applied 

4 to the hiring of permanent immigration judges. 

5 (2) REQUIREMENT.—The Attorney General 

6 shall ensure that sufficient immigration judge re7 sources are dedicated to achieving the goal described 

8 in subsection (a). 

9 (c) IMMIGRATION LITIGATION ATTORNEYS.—The 

10 Secretary of Homeland Security shall hire 150 new immi11 gration litigation attorneys in the Field Legal Operations 

12 of U.S. Immigration and Customs Enforcement to ensure 

13 that the goal described in subsection (a) is achieved. 

14 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated $100,000,000 to carry out 

16 this section. 

17 SEC. 4. SENSE OF THE SENATE REGARDING THE PROSECU18 TION OF FIRST TIME ILLEGAL BORDER 

19 CROSSERS. 

20 It is the sense of the Senate that— 

21 (1) gains made in border security and positive 

22 trends in recidivism rates are of critical importance 

23 to those living and working in the border region and 

24 to the Nation as a whole; 


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1 (2) refusing to prosecute first time illegal bor2 der crossers under Operation Streamline will jeop3 ardize border security gains; 

4 (3) the border security steps that have led to 

5 some measure of improvement on the border, such 

6 as the historical implementation of Operation 

7 Streamline, should be preserved; and 

8 (4) appropriate officials of the executive branch 

9 should immediately remove any issued or related 

10 prohibition, policy, guidance, or direction to cease 

11 prosecuting first time illegal border crossers under 

12 Operation Streamline. 

13 SEC. 5. REPORTING REQUIREMENTS. 

14 (a) REPORT REQUIRED.—Not later than 180 days 

15 after the date of the enactment of this Act, and annually 

16 thereafter, the Secretary of Homeland Security shall sub17 mit a report to the Committee on the Judiciary of the Sen18 ate and the Committee on the Judiciary of the House of 

19 Representatives that includes the information specified in 

20 subsection (b). 

21 (b) CONTENTS.—The report required under sub22 section (a) shall describe— 

23 (1) the number of aliens currently present in 

24 the United States who have ever been arrested for 

25 a criminal offense; 


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1 (2) the number of aliens currently present in 

2 the United States who have ever been convicted of 

3 a criminal offense; 

4 (3) the number of aliens with final orders of re5 moval who are currently present in the United 

6 States and of such aliens— 

7 (A) how many have ever been arrested for 

8 any criminal offense; and 

9 (B) how many have ever been convicted for 

10 any criminal offense; 

11 (4) the number of detainers that were issued by 

12 the Department of Homeland Security during the 

13 previous fiscal year and the number of such detain14 ers that were honored; and 

15 (5) during the previous fiscal year— 

16 (A) the number of aliens who were de17 ported not later than 90 days after being de18 tained by U.S. Immigration and Customs En19 forcement, as required under section 239(d)(3) 

20 of the Immigration and Nationality Act (8 

21 U.S.C. 1229(d)) and the criminal offenses of 

22 such aliens; 

23 (B) of the aliens who should have been de24 ported under such section and were not de25 ported within 90 days of detention— 


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1 (i) the reasons the aliens were not de2 ported; and 

3 (ii) the criminal offenses of such 

4 aliens; and 

5 (C) of the aliens who were released from 

6 the custody of U.S. Immigration and Customs 

7 Enforcement and not deported— 

8 (i) the number of such aliens; 

9 (ii) the criminal offenses committed 

10 by such aliens; 

11 (iii) the conditions of their release; 

12 (iv) the number of aliens who com13 mitted a crime after being released from 

14 custody; and 

15 (v) a list of crimes committed by such 

16 aliens. 

Æ 


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