II

103D CONGRESS

2D SESSION S. 1934

To amend the Immigration and Nationality Act to facilitate the apprehension,

detention, and deportation of criminal aliens, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 16 (legislative day, FEBRUARY 22), 1994

Mr. ROTH introduced the following bill; which was read twice and referred to

the Committee on the Judiciary

A BILL

To amend the Immigration and Nationality Act to facilitate

the apprehension, detention, and deportation of criminal

aliens, 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. SHORT TITLE.

4 This Act may be cited as the ‘‘Criminal Alien Control

5 Act of 1994’’.

6 SEC. 2. TABLE OF CONTENTS.

7 The following is the table of contents for this Act:

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—DEPORTATION OF CRIMINAL ALIENS

Sec. 101. Equal immigration treatment to all alien felons.
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Sec. 102. Deportation procedures for certain criminal aliens who are not permanent residents.

Sec. 103. Judicial deportation.

Sec. 104. Uncontested deportations.

Sec. 105. Restricting defenses to deportation for certain criminal aliens.

Sec. 106. Extraterritorial appeals by criminal aliens.

Sec. 107. Enhanced penalties for failure to depart, or reentry, after final order

of deportation.

Sec. 108. Restriction on asylum for criminal aliens.

Sec. 109. Federal incarceration.

Sec. 110. Miscellaneous and technical changes.

TITLE II—LOCAL COOPERATION WITH FEDERAL OFFICIALS AND

PROCEDURES

Sec. 201. Funding based on cooperation.

Sec. 202. Production of criminal records.

TITLE III—MISCELLANEOUS

Sec. 301. Detention of undocumented criminal aliens at military installations to

be closed.

Sec. 302. Authorizing registration of aliens on criminal probation or criminal

parole.

Sec. 303. Admissible evidence before a special inquiry officer.

1 TITLE I—DEPORTATION OF

2 CRIMINAL ALIENS

3 SEC. 101. EQUAL IMMIGRATION TREATMENT TO ALL ALIEN

4 FELONS.

5 (a) FELONIES.—(1) Sections 101(f) (8 U.S.C.

6 1101(f)); 106(a) (8 U.S.C. 1105a(a)); 208(d) (8 U.S.C.

7 1158(d)); 212(a)(6)(B) (8 U.S.C. 1182(a)(6)(B));

8 236(e)(i) (8 U.S.C. 1226(e)(i)); 241(a)(2)(A) (8 U.S.C.

9 1251(a)(2)(A)); 242(a) (8 U.S.C. 1252(a)); 252A(d) (8

10 U.S.C. 1252A(d)); 242B(c) (8 U.S.C. 1252B(c)); 243(h)

11 (8 U.S.C. 1253(h)); 244(e) (8 U.S.C. 1254(e)); and 277

12 (8 U.S.C. 1327) are amended by striking ‘‘aggravated fel13 ony’’ and ‘‘an aggravated felony’’ each time they appear
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1 and inserting in lieu thereof ‘‘felony’’ or ‘‘a felony’’, re2 spectively.

3 (2) Section 101(a) of the Immigration and National4 ity Act (8 U.S.C. 1101(a)) is amended by adding at the

5 end the following new paragraph:

6 ‘‘(47) The term ‘felony’ means any offense

7 under Federal or State law that is punishable by

8 death or imprisonment for more than 1 year.’’.

9 (b) PRECLUSION OF JUDICIAL REVIEW.—Section

10 106(c) of the Immigration and Nationality Act (8 U.S.C.

11 1105a(c)) is amended—

12 (1) by inserting ‘‘(1)’’ immediately after ‘‘(c)’’;

13 and

14 (2) by adding at the end the following:

15 ‘‘(2) An order of deportation or of exclusion shall not

16 be reviewed by any court of the United States if the

17 grounds for such order is the commission of a felony by

18 the alien, except that the Attorney General may defer de19 portation or exclusion of the alien pending judicial review

20 if the Attorney General determines that to do otherwise

21 would cause hardship to the alien.’’.
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1 SEC. 102. DEPORTATION PROCEDURES FOR CERTAIN

2 CRIMINAL ALIENS WHO ARE NOT PERMA3 NENT RESIDENTS.

4 (a) TECHNICAL AMENDMENTS.—Section 242A of the

5 Immigration and Nationality Act (8 U.S.C. 1252a) is

6 amended—

7 (1) in subsection (a)—

8 (A) by striking ‘‘(a) IN GENERAL.—’’ and

9 inserting the following:

10 ‘‘(b) DEPORTATION OF PERMANENT RESIDENT

11 ALIENS.—

12 ‘‘(1) IN GENERAL.—’’; and

13 (B) by inserting in the first sentence ‘‘per14 manent resident’’ after ‘‘correctional facilities

15 for’’;

16 (2) in subsection (b)—

17 (A) by striking ‘‘(b) IMPLEMENTATION.—’’

18 and inserting ‘‘(2) IMPLEMENTATION.—’’; and

19 (B) by striking ‘‘respect to an’’ and insert20 ing ‘‘respect to a permanent resident’’;

21 (3) by striking subsection (c);

22 (4) in subsection (d)—

23 (A) by striking ‘‘(d) EXPEDITED PRO24 CEEDINGS.—(1)’’ and inserting ‘‘(3) EXPE25 DITED PROCEEDINGS.—(A)’’;
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1 (B) by inserting ‘‘permanent resident’’

2 after ‘‘in the case of any’’; and

3 (C) by striking ‘‘(2)’’ and inserting ‘‘(B)’’;

4 (5) in subsection (e)—

5 (A) by striking ‘‘(e) REVIEW.—(1)’’ and

6 inserting ‘‘(4) REVIEW.—(A)’’;

7 (B) by striking the second sentence; and

8 (C) by striking ‘‘(2)’’ and inserting ‘‘(B)’’;

9 (6) by inserting after the section heading the

10 following new subsection:

11 ‘‘(a) PRESUMPTION OF DEPORTABILITY.—An alien

12 convicted of a felony shall be conclusively presumed to be

13 deportable from the United States.’’; and

14 (7) by amending the heading to read as follows:

15 ‘‘EXPEDITED DEPORTATION OF ALIENS CONVICTED OF

16 COMMITTING FELONIES’’.

17 (b) ELIMINATION OF ADMINISTRATIVE HEARING FOR

18 CERTAIN CRIMINAL ALIENS.—Section 242A of the Immi19 gration and Nationality Act (8 U.S.C. 1252a) is amended

20 by adding at the end the following new subsection:

21 ‘‘(c) DEPORTATION OF ALIENS WHO ARE NOT PER22 MANENT RESIDENTS.—

23 ‘‘(1) Notwithstanding section 242, and subject

24 to paragraph (5), the Attorney General may issue a

25 final order of deportation against any alien described

26 in paragraph (2) whom the Attorney General deter-
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1 mines to be deportable under section

2 241(a)(2)(A)(iii) (relating to conviction of a felony).

3 ‘‘(2) An alien is described in this paragraph if

4 the alien—

5 ‘‘(A) was not lawfully admitted for perma6 nent residence at the time that proceedings

7 under this section commenced, or

8 ‘‘(B) had permanent resident status on a

9 conditional basis (as described in section 216)

10 at the time that proceedings under this section

11 commenced.

12 ‘‘(3) The Attorney General may delegate the

13 authority in this section to the Commissioner or to

14 any District Director of the Service.

15 ‘‘(4) No alien described in this section shall be

16 eligible for—

17 ‘‘(A) any relief from deportation that the

18 Attorney General may grant in his discretion,

19 or

20 ‘‘(B) relief under section 243(h).

21 ‘‘(5) The Attorney General may not execute any

22 order described in paragraph (1) until 14 calendar

23 days have passed from the date that such order was

24 issued, in order that the alien has an opportunity to

25 apply for judicial review under section 106.’’.
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1 (c) LIMITED JUDICIAL REVIEW.—Section 106 of the

2 Immigration and Nationality Act (8 U.S.C. 1105a) is

3 amended—

4 (1) in the first sentence of subsection (a), by in5 serting ‘‘or pursuant to section 242A’’ after ‘‘under

6 section 242(b)’’;

7 (2) in subsection (a)(1) and subsection (a)(3),

8 by inserting ‘‘(including an alien described in section

9 242A)’’ after ‘‘felony’’; and

10 (3) by adding at the end the following new sub11 section:

12 ‘‘(d) Notwithstanding subsection (c), a petition for

13 review or for habeas corpus on behalf of an alien described

14 in section 242A(c) may only challenge whether the alien

15 is in fact an alien described in such section, and no court

16 shall have jurisdiction to review any other issue.’’.

17 (d) EFFECTIVE DATE.—The amendments made by

18 this section shall apply to all aliens against whom deporta19 tion proceedings are initiated after the date of enactment

20 of this Act.

21 SEC. 103. JUDICIAL DEPORTATION.

22 (a) JUDICIAL DEPORTATION.—Section 242A of the

23 Immigration and Nationality Act (8 U.S.C. 1252a), as

24 amended by section 102, is further amended by inserting

25 at the end the following new subsection:
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1 ‘‘(d) JUDICIAL DEPORTATION.—

2 ‘‘(1) AUTHORITY.—Notwithstanding any other

3 provision of this Act, a United States district court

4 or a State court shall have jurisdiction to enter a ju5 dicial order of deportation at the time of sentencing

6 against an alien whose criminal conviction causes

7 such alien to be deportable under section

8 241(a)(2)(A)(iii) (relating to conviction of a felony).

9 ‘‘(2) PROCEDURE.—(A) The United States At10 torney or, in the case of a proceeding before a State

11 court, the State’s attorney general, shall provide no12 tice of intent to request judicial deportation prompt13 ly after the entry in the record of an adjudication

14 of guilt or guilty plea. Such notice shall be provided

15 to the court, to the alien, to the alien’s counsel of

16 record, and to the Commissioner.

17 ‘‘(B) Notwithstanding section 242B—

18 ‘‘(i) in the case of a proceeding before a

19 United States court, the United States Attor20 ney, with the concurrence of the Commissioner,

21 or

22 ‘‘(ii) in the case of a proceeding before a

23 State court, the State’s attorney general,

24 shall, at least 20 days before the date set for sen25 tencing, file a charge containing factual allegations
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1 regarding the alienage of the defendant and satisfac2 tion by the defendant of the definition of felony.

3 ‘‘(C) If the court determines that the defendant

4 has presented substantial evidence to establish prima

5 facie eligibility for relief from deportation under sec6 tion 212(c), the court shall request the Attorney

7 General to provide the court with a recommendation

8 and report regarding the alien’s eligibility for relief

9 under such section. The court shall either grant or

10 deny the relief sought.

11 ‘‘(D)(i) The alien shall have a reasonable oppor12 tunity to examine the evidence against him or her,

13 to present evidence on his or her own behalf, and to

14 cross-examine witnesses presented by the Govern15 ment.

16 ‘‘(ii) The court, for the purposes of determining

17 whether to enter an order described in paragraph

18 (1), shall only consider evidence that would be ad19 missible in proceedings conducted pursuant to sec20 tion 242(b).

21 ‘‘(3) NOTICE, APPEAL, AND EXECUTION OF JU22 DICIAL ORDER OF DEPORTATION.—(A)(i) A judicial

23 order of deportation or denial of such order may be

24 appealed by either party to the court of appeals for

25 the circuit in which the United States district court
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1 is located or to the appropriate State court of ap2 peals, as the case may be.

3 ‘‘(ii) Except as provided in clause (iii), such ap4 peal shall be considered consistent with the require5 ments described in section 106.

6 ‘‘(iii) Upon execution by the defendant of a

7 valid waiver of the right to appeal the conviction on

8 which the order of deportation is based, the expira9 tion of the period described in section 106(a)(1), or

10 the final dismissal of an appeal from such convic11 tion, the order of deportation shall become final and

12 shall be executed at the end of the prison term in

13 accordance with the term of the order.

14 ‘‘(B) As soon as is practicable after entry of a

15 judicial order of deportation by a United States

16 court, the Attorney General shall provide the defend17 ant with written notice of the order of deportation,

18 which shall designate the defendant’s country of

19 choice for deportation and any alternate country

20 pursuant to section 243(a).

21 ‘‘(C) As soon as is practicable after entry of a

22 judicial order of deportation by a State court, the

23 State court shall notify the Attorney General of the

24 order. Upon the termination of imprisonment of the

25 alien, the State shall remand the alien to the cus-
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1 tody of the Attorney General. The Attorney General

2 shall effect the deportation of the alien in the man3 ner prescribed in this Act with respect to final or4 ders of deportation.

5 ‘‘(4) DENIAL OF JUDICIAL ORDER.—Denial of a

6 request for a judicial order of deportation shall not

7 preclude the Attorney General from initiating depor8 tation proceedings pursuant to section 242 upon the

9 same ground of deportability or upon any other

10 ground of deportability provided under section

11 241(a). Any denial of a judicial order of deportation

12 shall include a statement in writing stating the rea13 sons for the denial.

14 ‘‘(5) DEFINITION.—For purposes of this sub15 section, the term ‘State’ refers to any of the several

16 States and the District of Columbia.’’.

17 (b) TECHNICAL AND CONFORMING CHANGES.—The

18 ninth sentence of section 242(b) of the Immigration and

19 Nationality Act (8 U.S.C. 1252(b)) is amended by striking

20 out ‘‘The’’ and inserting in lieu thereof ‘‘Except as pro21 vided in section 242A(d), the’’.

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

23 this section shall apply to all aliens whose adjudication of

24 guilt or guilty plea is entered in the record after the date

25 of enactment of this Act.
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1 SEC. 104. UNCONTESTED DEPORTATIONS.

2 Section 242B of the Immigration and Nationality Act

3 (8 U.S.C. 1252b) is amended—

4 (1) in subsection (a)(1), by adding at the end

5 the following new subparagraph:

6 ‘‘(G) The right of an alien deportable

7 under section 241(a)(2) to execute a deporta8 tion affidavit pursuant to subsection (f) in lieu

9 of deportation proceedings.’’;

10 (2) by redesignating subsection (f) as sub11 section (g); and

12 (3) by inserting after subsection (e) the follow13 ing:

14 ‘‘(f) DEPORTATION AFFIDAVIT.—In lieu of a deter15 mination of deportability in a proceeding before a special

16 inquiry officer, an alien may elect to admit deportability

17 under section 241(a)(2) through the execution of an affi18 davit witnessed by such an officer and a notary public.

19 A special inquiry officer shall make a determination of de20 portability under this subsection based solely on the affi21 davit and, if he finds the alien deportable, shall issue an

22 order of deportation with respect to that alien.’’.
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1 SEC. 105. RESTRICTING DEFENSES TO DEPORTATION FOR

2 CERTAIN CRIMINAL ALIENS.

3 (a) DEFENSES BASED ON SEVEN YEARS OF PERMA4 NENT RESIDENCE.—Section 212(c) of the Immigration

5 and Nationality Act (8 U.S.C. 1182(c)) is amended—

6 (1) in the third sentence, by striking ‘‘has

7 served for such felony or felonies’’ and all that fol8 lows through the period and inserting ‘‘has been sen9 tenced for such felony or felonies to a term of im10 prisonment of at least 5 years, if the time for ap11 pealing such conviction or sentence has expired and

12 the sentence has become final;’’; and

13 (2) by adding at the end the following new sen14 tence: ‘‘For purposes of calculating the period of

15 seven consecutive years under this subsection, any

16 period of imprisonment of the alien by Federal,

17 State, or local authorities shall be excluded but shall

18 not be considered to have broken the continuity of

19 the period.’’.

20 (b) DEFENSES BASED ON WITHHOLDING OF DEPOR21 TATION.—Section 243(h)(2) of the Immigration and Na22 tionality Act (8 U.S.C. 1253(h)(2)) is amended—

23 (1) by striking ‘‘or’’ at the end of subparagraph

24 (C);

25 (2) by striking the period at the end of sub26 paragraph (D) and inserting ‘‘; or’’; and
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1 (3) by striking the final sentence and inserting

2 the following new subparagraph:

3 ‘‘(E) the alien has been convicted of a fel4 ony.’’; and

5 SEC. 106. EXTRATERRITORIAL APPEALS BY CRIMINAL

6 ALIENS.

7 Section 106 of the Immigration and Nationality Act

8 (8 U.S.C. 1105a) is amended by adding at the end the

9 following new subsection:

10 ‘‘(d)(1) In the case of any alien found to be deport11 able under section 242(a)(2), the Attorney General may

12 not defer deportation of the alien and shall, after issuance

13 of the deportation order, take the alien into custody until

14 the alien is deported.

15 ‘‘(2) Any court of the United States shall have juris16 diction to review an order of deportation issued under

17 paragraph (1) in any case where the petitioner for review

18 is outside the United States. Any alien for whom an order

19 of deportation has been vacated under this paragraph

20 shall be issued a valid visa and admitted to the United

21 States to the status held by the alien before deportation.’’.
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1 SEC. 107. ENHANCED PENALTIES FOR FAILURE TO DEPART,

2 OR REENTRY, AFTER FINAL ORDER OF DE3 PORTATION.

4 (a) FAILURE TO DEPART.—Section 242(e) of the Im5 migration and Nationality Act (8 U.S.C. 1252(e)) is

6 amended—

7 (1) by striking out ‘‘paragraph (2), (3), or (4)

8 of’’ the first time it appears, and

9 (2) by striking out ‘‘shall be imprisoned not

10 more than ten years’’ and inserting in lieu thereof

11 ‘‘shall be imprisoned not more than two years, or

12 shall be imprisoned not more than ten years if the

13 alien is a member of any of the classes described in

14 paragraph (2), (3), or (4) of section 241(a).’’.

15 (b) REENTRY.—Section 276(b) of the Immigration

16 and Nationality Act (8 U.S.C. 1326(b)) is amended to

17 read as follows:

18 ‘‘(b) Notwithstanding subsection (a), in the case of

19 any alien described in such subsection whose deportation

20 was subsequent to a conviction for commission of two or

21 more misdemeanors or a felony, such alien shall be fined

22 under title 18, United States Code, imprisoned not more

23 than 15 years, or both.’’.

24 (c) COLLATERAL ATTACKS ON UNDERLYING DEPOR25 TATION ORDER.—Section 276 of the Immigration and Na-
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1 tionality Act (8 U.S.C. 1326) is amended by adding at

2 the end the following new subsection:

3 ‘‘(c) In any criminal proceeding under this section,

4 no alien may challenge the validity of the deportation

5 order described in subsection (a)(1) or subsection (b).’’.

6 SEC. 108. RESTRICTION ON ASYLUM FOR CRIMINAL ALIENS.

7 (a) IN GENERAL.—Section 208 of the Immigration

8 and Nationality Act (8 U.S.C. 1158) is amended by add9 ing at the end the following new subsections:

10 ‘‘(e) Notwithstanding subsection (a), an alien may

11 only be granted asylum under this section if the alien

12 claims asylum within 15 days of the alien’s entry into the

13 United States, unless the alien establishes by clear and

14 convincing evidence that since the date of entry into the

15 United States circumstances have changed in the alien’s

16 country of nationality (or, in the case of a person having

17 no nationality, the country in which such alien last habit18 ually resided) such that, if the alien returned to the coun19 try, it is more likely than not that the alien would be ar20 rested or incarcerated or the alien’s life would be threat21 ened in such country on account of race, religion, national22 ity, membership in a particular social group, or political

23 opinion.

24 ‘‘(f) An alien is not eligible for asylum under this sec25 tion if the Attorney General determines that—
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1 ‘‘(1) the alien ordered, incited, assisted, or oth2 erwise participated in the persecution of any person

3 on account of race, religion, nationality, membership

4 in a particular social group, or political opinion;

5 ‘‘(2) the alien, having been convicted by a final

6 judgment of a particularly serious crime, constitutes

7 a danger to the community of the United States;

8 ‘‘(3) there are serious reasons for believing that

9 the alien has committed a serious nonpolitical crime

10 outside the United States prior to the arrival of the

11 alien in the United States;

12 ‘‘(4) there are reasonable grounds for regarding

13 the alien as a danger to the security of the United

14 States; or

15 ‘‘(5) a country willing to accept the alien has

16 been identified (other than the country described in

17 subsection (e)) to which the alien can be deported or

18 returned and the alien does not establish that it is

19 more likely than not that the alien would be arrested

20 or incarcerated or the alien’s life would be threat21 ened in such country on account of race, religion,

22 nationality, membership in a particular social group,

23 or political opinion.

24 For purposes of paragraph (2), an alien who has been con25 victed of a felony shall be considered to have committed
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1 a particularly serious crime. The Attorney General shall

2 prescribe regulations that specify additional crimes that

3 will be considered to be a crime described in paragraph

4 (2) or (3).’’.

5 (b) CONFORMING AMENDMENT.—Section 208(a) of

6 such Act (8 U.S.C. 1158(a)) is amended by inserting ‘‘,

7 except as provided in subsection (f),’’ after ‘‘asylum, and’’.

8 SEC. 109. FEDERAL INCARCERATION.

9 Section 242 of the Immigration and Nationality Act

10 (8 U.S.C. 1252) is amended by adding at the end the fol11 lowing new subsection:

12 ‘‘(j)(1) The Attorney General shall take into the cus13 tody of the Federal Government, and shall incarcerate for

14 a determinate sentence of imprisonment, an undocu15 mented criminal alien if—

16 ‘‘(A) the chief State official exercising authority

17 with respect to the incarceration of the undocu18 mented criminal alien submits a written request to

19 the Attorney General; and

20 ‘‘(B) the undocumented criminal alien is sen21 tenced to a determinate term of imprisonment.

22 ‘‘(2) Undocumented criminal aliens taken into the

23 custody of the Attorney General under paragraph (1) may

24 be deported under subsection (h)(2)(A).
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1 ‘‘(3) For purposes of this subsection, the term ‘un2 documented criminal alien’ means an alien who—

3 ‘‘(A) has been convicted of a felony and sen4 tenced to a term of imprisonment, and

5 ‘‘(B)(i) entered the United States without in6 spection or at any time or place other than as des7 ignated by the Attorney General, or

8 ‘‘(ii) was the subject of exclusion or deportation

9 proceedings at the time he or she was taken into

10 custody by the State.’’.

11 SEC. 110. MISCELLANEOUS AND TECHNICAL CHANGES.

12 (a) FORM OF DEPORTATION HEARINGS.—The sec13 ond sentence of section 242(b) of the Immigration and

14 Nationality Act (8 U.S.C. 1252(b)) is amended by insert15 ing after the second sentence the following new sentence:

16 ‘‘Nothing in the preceding sentence precludes the Attorney

17 General from authorizing proceedings by electronic or tele18 phonic media (with or without the consent of the alien)

19 or, where waived or agreed to by the parties, in the ab20 sence of the alien.’’.

21 (b) CONSTRUCTION OF EXPEDITED DEPORTATION

22 REQUIREMENTS.—No amendment made by this Act and

23 nothing in section 242(i) of the Immigration and Nation24 ality Act (8 U.S.C. 1252(i)), shall be construed to create

25 any right or benefit, substantive or procedural, which is
20

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1 legally enforceable by any party against the United States,

2 its agencies, its officers, or any other person.

3 TITLE II—LOCAL COOPERATION

4 WITH FEDERAL OFFICIALS

5 AND PROCEDURES

6 SEC. 201. FUNDING BASED ON COOPERATION.

7 (a) STATE AND LOCAL COOPERATION.—Notwith8 standing any law, ordinance or regulation of any State or

9 subdivision thereof to the contrary, officials of any State

10 or local government or agency, upon the request of any

11 duly authorized official of the United States Immigration

12 and Naturalization Service, shall provide information re13 garding the identification, location, arrest, prosecution,

14 detention, and deportation of an alien or aliens who are

15 not lawfully present in the United States.

16 (b) REPORT.—Not later than 6 months after the date

17 of enactment of this Act, the Attorney General and the

18 Commissioner of Immigration and Naturalization shall

19 jointly report to the Congress and the President on the

20 extent to which State and local governments are not co21 operating with the Immigration and Naturalization Serv22 ice. This report shall identify any State or local govern23 ments that have adopted laws, policies or practices of

24 noncooperation with the United States Immigration and

25 Naturalization Service, the specific nature of those laws,
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1 policies or practices, and their impact on the enforcement

2 of the immigration laws.

3 (c) FUNDING BASED ON COOPERATION.—No State

4 or local government or agency which has been identified

5 in the Attorney General’s report required by the preceding

6 paragraph, which has a policy or practice of refusing to

7 cooperate with the Immigration and Naturalization Serv8 ice regarding the identification, location, arrest, prosecu9 tion, detention, or deportation of aliens who are not law10 fully present in the United States, shall be eligible for any

11 Federal funds from appropriations made pursuant to a

12 provision of the Violent Crime Control and Law Enforce13 ment Act of 1993 or of an amendment made by authoriz14 ing appropriations, as long as such policy or practice re15 mains in effect.

16 SEC. 202. PRODUCTION OF CRIMINAL RECORDS.

17 Section 503(a)(11) of the Omnibus Crime Control

18 and Safe Streets Act of 1968 (42 U.S.C. 3753(a)) is

19 amended by inserting ‘‘or any political subdivision there20 of’’ after ‘‘State’’ the second, third, and fourth occurrence

21 thereof.
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1 TITLE III—MISCELLANEOUS

2 SEC. 301. DETENTION OF UNDOCUMENTED CRIMINAL

3 ALIENS AT MILITARY INSTALLATIONS TO BE

4 CLOSED.

5 (a) IN GENERAL.—(1) Notwithstanding any other

6 provision of law, the Secretary of Defense shall make

7 available to the Attorney General for the purpose referred

8 to in paragraph (2) any military installation of the De9 partment of Defense that—

10 (A) is approved for closure under a base closure

11 law; and

12 (B) is jointly determined by the Secretary and

13 the Attorney General to be an appropriate facility

14 for the detention of undocumented aliens.

15 (2) The Attorney General shall use facilities made

16 available to the Attorney General under this paragraph for

17 the detention of undocumented criminal aliens.

18 (b) DEFINITIONS.—In this section:

19 (1) The term ‘‘approved for closure under a

20 base closure law’’, in the case of a military installa21 tion, means any installation whose closure under a

22 base closure law is recommended by the President

23 and not disapproved by Congress in accordance with

24 the provisions of such law.
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1 (2) The term ‘‘base closure law’’ means the fol2 lowing:

3 (A) The Defense Base Closure and Re4 alignment Act of 1990 (part A of title XXIX of

5 Public Law 102–510; 10 U.S.C. 2687 note).

6 (B) Title II of the Defense Authorization

7 Amendments and Base Closure and Realign8 ment Act (Public Law 100–526; 10 U.S.C.

9 2687 note).

10 (3) The term ‘‘undocumented criminal alien’’

11 means an alien who—

12 (A) has been convicted of a felony and sen13 tenced to a term of imprisonment, and

14 (B)(i) entered the United States without

15 inspection or at any time or place other than as

16 designated by the Attorney General, or

17 (ii) was the subject of exclusion or deporta18 tion proceedings at the time he or she was

19 taken into custody by the State.

20 SEC. 302. AUTHORIZING REGISTRATION OF ALIENS ON

21 CRIMINAL PROBATION OR CRIMINAL PA22 ROLE.

23 Section 263(a) of the Immigration and Nationality

24 Act (8 U.S.C. 1303(a)) is amended by striking ‘‘and (5)’’

25 and inserting ‘‘(5) aliens who are or have been on criminal
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1 probation or criminal parole within the United States, and

2 (6)’’.

3 SEC. 303. ADMISSIBLE EVIDENCE BEFORE A SPECIAL IN4 QUIRY OFFICER.

5 In any proceeding under the Immigration and Na6 tionality Act before a special inquiry officer, such docu7 ments and records as are described in section 3.41 of title

8 8, Code of Federal Regulations, as in effect on the date

9 of enactment of this Act, may be admissible as evidence

10 of a criminal conviction.

Æ

S 1934 IS——2