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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3628 Introduced in House (IH)]

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.

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

SECTION 1. FAILURE TO REPATRIATE EXCEPTION TO IMMUNITY.

    (a) Standing in Federal Courts.--
            (1) In general.--Chapter 97 of title 28, United States 
        Code, is amended by inserting after section 1605A the 
        following:
``Sec. 1605B. Failure to repatriate exception to the jurisdictional 
              immunity of a foreign state
    ``(a) No Immunity.--A foreign state shall not be immune from the 
jurisdiction of courts of the United States in any case not otherwise 
covered by this chapter--
            ``(1) which is brought against a foreign state that denies 
        or unreasonably delays the repatriation of an alien who--
                    ``(A) is a citizen, subject, national, or resident 
                of such country;
                    ``(B) has received a final order of removal under 
                chapter 4 of title II of the Immigration and 
                Nationality Act (8 U.S.C. 1221 et seq.); and
                    ``(C) commits and is convicted of a crime of 
                violence in the United States after the issuance of 
                such final order; and
            ``(2) in which money damages for personal injury or death 
        caused by the crime of violence referred to in paragraph (1)(C) 
        are sought by the victim of such crime, by the legal 
        representative of such victim, or by the United States on 
        behalf of such victim.
    ``(b) Private Right of Action.--A foreign state that denies or 
unreasonably delays the repatriation of an alien described under 
subsection (a)(1), and any official, employee, or agent of that foreign 
state, who is responsible for such denial or delay, while acting within 
the scope of his or her office, employment, or agency, shall be liable 
to the victim of the crime of violence described under subsection 
(a)(1)(C), to the legal representative of such victim, or to the United 
States on behalf of such victim, for money damages for personal injury 
or death caused by such crime, committed by such alien, for which the 
courts of the United States may maintain jurisdiction under this 
section.
    ``(c) Money Damages.--If the United States proceeds with an action 
under this subsection and the court awards money damages, such money 
damages shall be awarded to the victim of the crime of violence 
described under subsection (a)(1)(C).
    ``(d) Attorney Fees.--In the case of any prevailing plaintiff, 
other than the United States, under subsection (b), the court may award 
to the prevailing plaintiff the costs of the action and reasonable 
attorney fees.
    ``(e) Limitations.--An action may be brought or maintained under 
this section if the action is commenced--
            ``(1) not later than 5 years after the date on which the 
        crime of violence that is the basis for the action was 
        committed if the crime of violence is not punishable by death; 
        and
            ``(2) at any time without limitation if the crime of 
        violence that is the basis for the action is punishable by 
        death.
    ``(f) Definitions.--In this section:
            ``(1) Crime of violence.--The term `crime of violence' 
        means--
                    ``(A) murder, rape, or the sexual abuse of a minor;
                    ``(B) an offense that has as an element the use, 
                attempted use, or threatened use of physical force 
                against another person; or
                    ``(C) any other offense that is a felony and that, 
                by its nature, involves a substantial risk that 
                physical force against another person may be used in 
                the course of committing the offense.
            ``(2) Denies or unreasonably delays.--
                    ``(A) In general.--Except as provided under 
                subparagraph (B), a country `denies or unreasonably 
                delays' the acceptance of an alien who is a citizen, 
                subject, national, or resident of the country if the 
                country does not accept the alien within the removal 
                period.
                    ``(B) Alien that may not be removed.--For purposes 
                of subparagraph (A), a country does not deny or 
                unreasonably delay the acceptance of an alien who is a 
                citizen, subject, national, or resident of the country 
                if such alien may not be removed pursuant to section 
                241 of the Immigration and Nationality Act (8 U.S.C. 
                1231).
            ``(3) Removal period.--The term `removal period' has the 
        meaning given such term in section 241(a)(1) of the Immigration 
        and Nationality Act (8 U.S.C. 1231(a)(1)).''.
            (2) Amendment to chapter analysis.--The table of sections 
        at the beginning of chapter 97 of title 28, United States Code, 
        is amended by inserting after the item relating to section 
        1605A the following:

``1605B. Failure to repatriate exception to jurisdictional immunity of 
                            a foreign state.''.
    (b) Conforming Amendment.--Section 1607(a) of title 28, United 
States Code, is amended by striking ``or 1605A'' and inserting``, 
1605A, or 1605B''.

SEC. 2. PROHIBITION ON FOREIGN ASSISTANCE TO A COUNTRY THAT DENIES OR 
              UNREASONABLY DELAYS THE REPATRIATION OF A NATIONAL WHO 
              HAS BEEN ORDERED REMOVED FROM THE UNITED STATES.

    Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 
U.S.C. 2151 et seq.) is amended by adding at the end the following:

``SEC. 137. PROHIBITION ON ASSISTANCE TO A COUNTRY THAT DENIES OR 
              UNREASONABLY DELAYS THE REPATRIATION OF A NATIONAL WHO 
              HAS BEEN ORDERED REMOVED FROM THE UNITED STATES.

    ``(a) In General.--Except as otherwise provided under this section, 
no assistance may be provided under this Act to a foreign country that 
denies or unreasonably delays the acceptance of an alien who--
            ``(1) is physically present in the United States;
            ``(2) is a citizen, subject, national, or resident of such 
        country; and
            ``(3) has received a final order of removal under chapter 4 
        of title II of the Immigration and Nationality Act (8 U.S.C. 
        1221 et seq.).
    ``(b) Quarterly Reports.--Except as otherwise provided under this 
section, not later than 90 days after the date of enactment of this 
section, and every 3 months thereafter, the Secretary of Homeland 
Security shall submit a report to the Congress that--
            ``(1) lists all the countries that deny or unreasonably 
        delay the acceptance of an alien described under subsection 
        (a); and
            ``(2) includes the total number of aliens described under 
        subsection (a), organized by--
                    ``(A) name;
                    ``(B) country;
                    ``(C) detention status; and
                    ``(D) criminal status.
    ``(c) Compliance With Repatriation.--If the Secretary of Homeland 
Security determines that a country listed in the quarterly report under 
subsection (b) has accepted each alien listed with respect to that 
country under subsection (b)(2), the country shall be removed from the 
list in the next quarterly report submitted under subsection (b) and 
shall not be subject to the sanctions described under subsection (a) or 
under section 241(b)(4) of the Immigration and Nationality Act (8 
U.S.C. 1231(b)(4)), unless subsection (b) of this section applies to 
such country with respect to another alien.
    ``(d) Emergency and Humanitarian Exceptions.--The prohibition under 
subsection (a) shall not apply if the President determines and 
certifies to the Congress that there is an emergency circumstance or a 
humanitarian reason to provide assistance otherwise subject to the 
prohibition. The authority of the President to make determinations 
under this subsection may not be delegated.
    ``(e) Definitions.--In this section:
            ``(1) Denies or unreasonably delays.--
                    ``(A) In general.--Except as provided under 
                subparagraph (B), a country `denies or unreasonably 
                delays' the acceptance of an alien who is a citizen, 
                subject, national, or resident of the country if the 
                country does not accept the alien within the removal 
                period.
                    ``(B) Alien that may not be removed.--For purposes 
                of subparagraph (A), a country does not deny or 
                unreasonably delay the acceptance of an alien who is a 
                citizen, subject, national, or resident of the country 
                if such alien may not be removed pursuant to section 
                241 of the Immigration and Nationality Act (8 U.S.C. 
                1231).
            ``(2) Removal period.--The term `removal period' has the 
        meaning given such term in section 241(a)(1) of the Immigration 
        and Nationality Act (8 U.S.C. 1231(a)(1)).''.

SEC. 3. DISCONTINUING GRANTING VISAS TO NATIONALS OF COUNTRY DENYING OR 
              DELAYING ACCEPTING ALIENS.

    (a) Amendment.--Section 243 of the Immigration and Nationality Act 
(8 U.S.C. 1253) is amended by striking subsection (d).
    (b) Discontinuing Granting Visas to Nationals of Country Denying or 
Delaying Accepting Alien.--Section 241(b) of the Immigration and 
Nationality Act (8 U.S.C. 1231(b)) is amended by adding at the end the 
following:
            ``(4) Discontinuing granting visas and denying admission to 
        nationals of country denying or delaying accepting aliens.--
                    ``(A) Discontinuing granting visas.--Except as 
                provided under subparagraph (C), if a country is listed 
                in the most recent quarterly report submitted by the 
                Secretary of Homeland Security to Congress under 
                section 137(b) of the Foreign Assistance Act of 1961, 
                the Secretary of State may not issue a visa to a 
                citizen, subject, national, or resident of such country 
                until--
                            ``(i) the Secretary of Homeland Security 
                        notifies the Secretary of State that the 
                        country is not subject to the sanction under 
                        section 137(a) of that Act; or
                            ``(ii) each alien listed in the report with 
                        respect to such country has otherwise been 
                        removed from the United States.
                    ``(B) Denying admission to nationals and foreign 
                government officials.--Except as provided under 
                subparagraph (C), if a country is listed in the most 
                recent quarterly report submitted by the Secretary of 
                Homeland Security to Congress under section 137(b) of 
                the Foreign Assistance Act of 1961, the Secretary of 
                Homeland Security, in consultation with the Secretary 
                of State--
                            ``(i) shall deny admission to any citizen, 
                        subject, national, or resident of that country 
                        who has received any immigrant or nonimmigrant 
                        visa; and
                            ``(ii) shall deny admission to any citizen, 
                        subject, national, or resident of that country 
                        who has received a nonimmigrant visa pursuant 
                        to subparagraph (A) or (G) of section 
                        101(a)(15).
                    ``(C) Exception.--Subparagraphs (A) and (B) do not 
                apply if the Secretary of State determines that the 
                life or freedom of the visa applicant or individual 
                seeking admission would be threatened in the country 
                listed under section 137(b) of the Foreign Assistance 
                Act of 1961.
                    ``(D) Effect of unauthorized issuance.--Any visa 
                issued in violation of this paragraph shall be null and 
                void.''.

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

    (a) Notice.--
            (1) In general.--As soon as practicable, the Secretary of 
        Homeland Security shall notify the chief law enforcement 
        officer of the State and of the local jurisdiction in which any 
        alien described in paragraph (2) has been detained by the 
        United States is released.
            (2) Alien described.--An alien is described in this 
        paragraph if the alien--
                    (A) is listed in the most recent quarterly report 
                submitted by the Secretary of Homeland Security to 
                Congress under section 137(b) of the Foreign Assistance 
                Act of 1961; or
                    (B) has received a final order of removal under 
                chapter 4 of title II of the Immigration and 
                Nationality Act (8 U.S.C. 1221 et seq.) and has not 
                been removed from the United States.
    (b) Information Contained in Notice.--The notice under subsection 
(a) shall include the following information, if available, about each 
alien:
            (1) Name.
            (2) Location where the alien is released.
            (3) Date of release.
            (4) Country of nationality.
            (5) Detention status.
            (6) Criminal history, including probation and parole 
        information.
                                 <all>
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