I 

111TH CONGRESS 

1ST SESSION H. R. 3628 

To create a cause of action and allow standing in Federal courts against 

a country that denies or unreasonably delays the repatriation of a national ordered removed from the United States to such country who 

later commits a crime of violence in the United States, to withhold 

foreign assistance from each country that denies or unreasonably delays 

the repatriation of nationals of such country who have been ordered 

removed from the United States, to prohibit the issuance of visas to 

nationals of such country, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 22, 2009 

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

Committee on the Judiciary, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To create a cause of action and allow standing in Federal 

courts against a country that denies or unreasonably 

delays the repatriation of a national ordered removed 

from the United States to such country who later commits a crime of violence in the United States, to withhold 

foreign assistance from each country that denies or unreasonably delays the repatriation of nationals of such 

country who have been ordered removed from the United 

States, to prohibit the issuance of visas to nationals 

of such country, and for other purposes. 


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

3 SECTION 1. FAILURE TO REPATRIATE EXCEPTION TO IM4 MUNITY. 

5 (a) STANDING IN FEDERAL COURTS.— 

6 (1) IN GENERAL.—Chapter 97 of title 28, 

7 United States Code, is amended by inserting after 

8 section 1605A the following: 

9 ‘‘§ 1605B. Failure to repatriate exception to the juris10 dictional immunity of a foreign state 

11 ‘‘(a) NO IMMUNITY.—A foreign state shall not be im12 mune from the jurisdiction of courts of the United States 

13 in any case not otherwise covered by this chapter— 

14 ‘‘(1) which is brought against a foreign state 

15 that denies or unreasonably delays the repatriation 

16 of an alien who— 

17 ‘‘(A) is a citizen, subject, national, or resi18 dent of such country; 

19 ‘‘(B) has received a final order of removal 

20 under chapter 4 of title II of the Immigration 

21 and Nationality Act (8 U.S.C. 1221 et seq.); 

22 and 

23 ‘‘(C) commits and is convicted of a crime 

24 of violence in the United States after the 

25 issuance of such final order; and 


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1 ‘‘(2) in which money damages for personal in2 jury or death caused by the crime of violence re3 ferred to in paragraph (1)(C) are sought by the vic4 tim of such crime, by the legal representative of such 

5 victim, or by the United States on behalf of such vic6 tim. 

7 ‘‘(b) PRIVATE RIGHT OF ACTION.—A foreign state 

8 that denies or unreasonably delays the repatriation of an 

9 alien described under subsection (a)(1), and any official, 

10 employee, or agent of that foreign state, who is responsible 

11 for such denial or delay, while acting within the scope of 

12 his or her office, employment, or agency, shall be liable 

13 to the victim of the crime of violence described under sub14 section (a)(1)(C), to the legal representative of such vic15 tim, or to the United States on behalf of such victim, for 

16 money damages for personal injury or death caused by 

17 such crime, committed by such alien, for which the courts 

18 of the United States may maintain jurisdiction under this 

19 section. 

20 ‘‘(c) MONEY DAMAGES.—If the United States pro21 ceeds with an action under this subsection and the court 

22 awards money damages, such money damages shall be 

23 awarded to the victim of the crime of violence described 

24 under subsection (a)(1)(C). 


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1 ‘‘(d) ATTORNEY FEES.—In the case of any prevailing 

2 plaintiff, other than the United States, under subsection 

3 (b), the court may award to the prevailing plaintiff the 

4 costs of the action and reasonable attorney fees. 

5 ‘‘(e) LIMITATIONS.—An action may be brought or 

6 maintained under this section if the action is com7 menced— 

8 ‘‘(1) not later than 5 years after the date on 

9 which the crime of violence that is the basis for the 

10 action was committed if the crime of violence is not 

11 punishable by death; and 

12 ‘‘(2) at any time without limitation if the crime 

13 of violence that is the basis for the action is punish14 able by death. 

15 ‘‘(f) DEFINITIONS.—In this section: 

16 ‘‘(1) CRIME OF VIOLENCE.—The term ‘crime of 

17 violence’ means— 

18 ‘‘(A) murder, rape, or the sexual abuse of 

19 a minor; 

20 ‘‘(B) an offense that has as an element the 

21 use, attempted use, or threatened use of phys22 ical force against another person; or 

23 ‘‘(C) any other offense that is a felony and 

24 that, by its nature, involves a substantial risk 


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1 that physical force against another person may 

2 be used in the course of committing the offense. 

3 ‘‘(2) DENIES OR UNREASONABLY DELAYS.— 

4 ‘‘(A) IN GENERAL.—Except as provided 

5 under subparagraph (B), a country ‘denies or 

6 unreasonably delays’ the acceptance of an alien 

7 who is a citizen, subject, national, or resident of 

8 the country if the country does not accept the 

9 alien within the removal period. 

10 ‘‘(B) ALIEN THAT MAY NOT BE RE11 MOVED.—For purposes of subparagraph (A), a 

12 country does not deny or unreasonably delay 

13 the acceptance of an alien who is a citizen, sub14 ject, national, or resident of the country if such 

15 alien may not be removed pursuant to section 

16 241 of the Immigration and Nationality Act (8 

17 U.S.C. 1231). 

18 ‘‘(3) REMOVAL PERIOD.—The term ‘removal 

19 period’ has the meaning given such term in section 

20 241(a)(1) of the Immigration and Nationality Act (8 

21 U.S.C. 1231(a)(1)).’’. 

22 (2) AMENDMENT TO CHAPTER ANALYSIS.—The 

23 table of sections at the beginning of chapter 97 of 

24 title 28, United States Code, is amended by insertVerDate Nov 24 2008 03:46 Sep 23, 2009 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3628.IH H3628

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1 ing after the item relating to section 1605A the fol2 lowing: 

‘‘1605B. Failure to repatriate exception to jurisdictional immunity of a foreign 

state.’’. 

3 (b) CONFORMING AMENDMENT.—Section 1607(a) of 

4 title 28, United States Code, is amended by striking ‘‘or 

5 1605A’’ and inserting‘‘, 1605A, or 1605B’’. 

6 SEC. 2. PROHIBITION ON FOREIGN ASSISTANCE TO A 

7 COUNTRY THAT DENIES OR UNREASONABLY 

8 DELAYS THE REPATRIATION OF A NATIONAL 

9 WHO HAS BEEN ORDERED REMOVED FROM 

10 THE UNITED STATES. 

11 Chapter 1 of part I of the Foreign Assistance Act 

12 of 1961 (22 U.S.C. 2151 et seq.) is amended by adding 

13 at the end the following: 

14 ‘‘SEC. 137. PROHIBITION ON ASSISTANCE TO A COUNTRY 

15 THAT DENIES OR UNREASONABLY DELAYS 

16 THE REPATRIATION OF A NATIONAL WHO 

17 HAS BEEN ORDERED REMOVED FROM THE 

18 UNITED STATES. 

19 ‘‘(a) IN GENERAL.—Except as otherwise provided 

20 under this section, no assistance may be provided under 

21 this Act to a foreign country that denies or unreasonably 

22 delays the acceptance of an alien who— 

23 ‘‘(1) is physically present in the United States; 


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1 ‘‘(2) is a citizen, subject, national, or resident 

2 of such country; and 

3 ‘‘(3) has received a final order of removal under 

4 chapter 4 of title II of the Immigration and Nation5 ality Act (8 U.S.C. 1221 et seq.). 

6 ‘‘(b) QUARTERLY REPORTS.—Except as otherwise 

7 provided under this section, not later than 90 days after 

8 the date of enactment of this section, and every 3 months 

9 thereafter, the Secretary of Homeland Security shall sub10 mit a report to the Congress that— 

11 ‘‘(1) lists all the countries that deny or unrea12 sonably delay the acceptance of an alien described 

13 under subsection (a); and 

14 ‘‘(2) includes the total number of aliens de15 scribed under subsection (a), organized by— 

16 ‘‘(A) name; 

17 ‘‘(B) country; 

18 ‘‘(C) detention status; and 

19 ‘‘(D) criminal status. 

20 ‘‘(c) COMPLIANCE WITH REPATRIATION.—If the Sec21 retary of Homeland Security determines that a country 

22 listed in the quarterly report under subsection (b) has ac23 cepted each alien listed with respect to that country under 

24 subsection (b)(2), the country shall be removed from the 

25 list in the next quarterly report submitted under subVerDate Nov 24 2008 03:46 Sep 23, 2009 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3628.IH H3628

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1 section (b) and shall not be subject to the sanctions de2 scribed under subsection (a) or under section 241(b)(4) 

3 of the Immigration and Nationality Act (8 U.S.C. 

4 1231(b)(4)), unless subsection (b) of this section applies 

5 to such country with respect to another alien. 

6 ‘‘(d) EMERGENCY AND HUMANITARIAN EXCEP7 TIONS.—The prohibition under subsection (a) shall not 

8 apply if the President determines and certifies to the Con9 gress that there is an emergency circumstance or a hu10 manitarian reason to provide assistance otherwise subject 

11 to the prohibition. The authority of the President to make 

12 determinations under this subsection may not be dele13 gated. 

14 ‘‘(e) DEFINITIONS.—In this section: 

15 ‘‘(1) DENIES OR UNREASONABLY DELAYS.— 

16 ‘‘(A) IN GENERAL.—Except as provided 

17 under subparagraph (B), a country ‘denies or 

18 unreasonably delays’ the acceptance of an alien 

19 who is a citizen, subject, national, or resident of 

20 the country if the country does not accept the 

21 alien within the removal period. 

22 ‘‘(B) ALIEN THAT MAY NOT BE RE23 MOVED.—For purposes of subparagraph (A), a 

24 country does not deny or unreasonably delay 

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1 ject, national, or resident of the country if such 

2 alien may not be removed pursuant to section 

3 241 of the Immigration and Nationality Act (8 

4 U.S.C. 1231). 

5 ‘‘(2) REMOVAL PERIOD.—The term ‘removal 

6 period’ has the meaning given such term in section 

7 241(a)(1) of the Immigration and Nationality Act (8 

8 U.S.C. 1231(a)(1)).’’. 

9 SEC. 3. DISCONTINUING GRANTING VISAS TO NATIONALS 

10 OF COUNTRY DENYING OR DELAYING AC11 CEPTING ALIENS. 

12 (a) AMENDMENT.—Section 243 of the Immigration 

13 and Nationality Act (8 U.S.C. 1253) is amended by strik14 ing subsection (d). 

15 (b) DISCONTINUING GRANTING VISAS TO NATIONALS

16 OF COUNTRY DENYING OR DELAYING ACCEPTING

17 ALIEN.—Section 241(b) of the Immigration and Nation18 ality Act (8 U.S.C. 1231(b)) is amended by adding at the 

19 end the following: 

20 ‘‘(4) DISCONTINUING GRANTING VISAS AND DE21 NYING ADMISSION TO NATIONALS OF COUNTRY DE22 NYING OR DELAYING ACCEPTING ALIENS.— 

23 ‘‘(A) DISCONTINUING GRANTING VISAS.— 

24 Except as provided under subparagraph (C), if 

25 a country is listed in the most recent quarterly 


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1 report submitted by the Secretary of Homeland 

2 Security to Congress under section 137(b) of 

3 the Foreign Assistance Act of 1961, the Sec4 retary of State may not issue a visa to a citizen, 

5 subject, national, or resident of such country 

6 until— 

7 ‘‘(i) the Secretary of Homeland Secu8 rity notifies the Secretary of State that the 

9 country is not subject to the sanction 

10 under section 137(a) of that Act; or 

11 ‘‘(ii) each alien listed in the report 

12 with respect to such country has otherwise 

13 been removed from the United States. 

14 ‘‘(B) DENYING ADMISSION TO NATIONALS

15 AND FOREIGN GOVERNMENT OFFICIALS.—Ex16 cept as provided under subparagraph (C), if a 

17 country is listed in the most recent quarterly 

18 report submitted by the Secretary of Homeland 

19 Security to Congress under section 137(b) of 

20 the Foreign Assistance Act of 1961, the Sec21 retary of Homeland Security, in consultation 

22 with the Secretary of State— 

23 ‘‘(i) shall deny admission to any cit24 izen, subject, national, or resident of that 


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1 country who has received any immigrant or 

2 nonimmigrant visa; and 

3 ‘‘(ii) shall deny admission to any cit4 izen, subject, national, or resident of that 

5 country who has received a nonimmigrant 

6 visa pursuant to subparagraph (A) or (G) 

7 of section 101(a)(15). 

8 ‘‘(C) EXCEPTION.—Subparagraphs (A) 

9 and (B) do not apply if the Secretary of State 

10 determines that the life or freedom of the visa 

11 applicant or individual seeking admission would 

12 be threatened in the country listed under sec13 tion 137(b) of the Foreign Assistance Act of 

14 1961. 

15 ‘‘(D) EFFECT OF UNAUTHORIZED

16 ISSUANCE.—Any visa issued in violation of this 

17 paragraph shall be null and void.’’. 

18 SEC. 4. NOTICE TO STATE AND LOCAL LAW ENFORCEMENT. 

19 (a) NOTICE.— 

20 (1) IN GENERAL.—As soon as practicable, the 

21 Secretary of Homeland Security shall notify the 

22 chief law enforcement officer of the State and of the 

23 local jurisdiction in which any alien described in 

24 paragraph (2) has been detained by the United 

25 States is released. 


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1 (2) ALIEN DESCRIBED.—An alien is described 

2 in this paragraph if the alien— 

3 (A) is listed in the most recent quarterly 

4 report submitted by the Secretary of Homeland 

5 Security to Congress under section 137(b) of 

6 the Foreign Assistance Act of 1961; or 

7 (B) has received a final order of removal 

8 under chapter 4 of title II of the Immigration 

9 and Nationality Act (8 U.S.C. 1221 et seq.) 

10 and has not been removed from the United 

11 States. 

12 (b) INFORMATION CONTAINED IN NOTICE.—The no13 tice under subsection (a) shall include the following infor14 mation, if available, about each alien: 

15 (1) Name. 

16 (2) Location where the alien is released. 

17 (3) Date of release. 

18 (4) Country of nationality. 

19 (5) Detention status. 

20 (6) Criminal history, including probation and 

21 parole information. 

Æ 


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