I 

109TH CONGRESS 

2D SESSION H. R. 5597 

To amend the Immigration and Nationality Act to render deportable all 

aliens convicted of a criminal offense resulting in a sentence of incarceration, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 13, 2006 

Mr. GREEN of Wisconsin introduced the following bill; which was referred to 

the Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to render 

deportable all aliens convicted of a criminal offense resulting in a sentence of incarceration, 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. RENDERING DEPORTABLE ALL ALIENS SEN4 TENCED TO INCARCERATION. 

5 Section 237(a)(2)(A) of the Immigration and Nation6 ality Act (8 U.S.C. 1227(a)(2)(A)) is amended— 

7 (1) by redesignating clause (v) as clause (vi); 

8 and 


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1 (2) by inserting after clause (iv) the following: 

2 ‘‘(v) SENTENCED TO INCARCER3 ATION.—Any alien who is sentenced to a 

4 term of incarceration for a crime under 

5 State or Federal law is deportable.’’. 

6 SEC. 2. DETENTION OF ALIENS SENTENCED TO INCARCER7 ATION. 

8 Section 236(c)(1) of the Immigration and Nationality 

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

10 (1) in subparagraph (C), by striking ‘‘or’’ at 

11 the end; 

12 (2) in subparagraph (D), by adding ‘‘or’’ at the 

13 end; and 

14 (3) by inserting after subparagraph (D) the fol15 lowing: 

16 ‘‘(E) is sentenced to a term of incarcer17 ation for a crime under State or Federal law, 

18 and is deportable on any ground,’’. 

19 SEC. 3. EXPEDITED REMOVAL OF ALIENS SENTENCED TO 

20 INCARCERATION. 

21 (a) IN GENERAL.—Section 238 of the Immigration 

22 and Nationality Act (8 U.S.C. 1228) is amended— 

23 (1) by amending the section heading to read as 

24 follows: ‘‘EXPEDITED REMOVAL OF ALIENS SEN25 TENCED TO INCARCERATION’’; 


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1 (2) in subsection (a)— 

2 (A) by striking the subsection heading and 

3 inserting: ‘‘EXPEDITED REMOVAL FROM COR4 RECTIONAL FACILITIES.—’’; 

5 (B) in the first sentence of paragraph (1), 

6 by striking ‘‘criminal offense’’ and all that fol7 lows through the period at the end and insert8 ing ‘‘criminal offense.’’; 

9 (C) in paragraph (2)— 

10 (i) by striking ‘‘an aggravated felony’’ 

11 and inserting ‘‘a crime’’; and 

12 (ii) by striking ‘‘felon’’ and inserting 

13 ‘‘alien’’; 

14 (D) in paragraph (3)(A)— 

15 (i) by striking ‘‘an aggravated felony’’ 

16 and inserting ‘‘a crime’’; and 

17 (ii) by striking ‘‘underlying aggra18 vated felony.’’ and inserting ‘‘underlying 

19 crime.’’; and 

20 (E) in paragraph (4), by striking ‘‘aggra21 vated felonies.’’ and inserting ‘‘crimes.’’; 

22 (3) in subsection (b)— 

23 (A) by striking the subsection heading and 

24 inserting ‘‘EXPEDITED REMOVAL OF ALIENS


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1 WHO ARE NOT PERMANENT RESIDENTS.—’’; 

2 and 

3 (B) in paragraph (1), by striking ‘‘de4 scribed in paragraph (2),’’ and all that follows 

5 through ‘‘felony)’’ and inserting ‘‘described in 

6 paragraph (2), determine the deportability of 

7 the alien under clause (iii) or (v) of section 

8 237(a)(2)(A)’’; 

9 (4) in the subsection (c) that relates to pre10 sumption of deportability, by inserting ‘‘or sentenced 

11 to a term of incarceration for a crime under State 

12 or Federal law’’ after ‘‘convicted of an aggravated 

13 felony’’; 

14 (5) by redesignating the subsection (c) that re15 lates to judicial removal as subsection (d); and 

16 (6) in subsection (d) (as so redesignated), by 

17 striking ‘‘241(a)(2)(A).’’ and inserting ‘‘237(a)(2).’’ 

18 (b) CLERICAL AMENDMENT.—The table of contents 

19 for the Immigration and Nationality Act is amended by 

20 amending the item relating to section 238 to read as fol21 lows: 

‘‘Sec. 238. Expedited removal of aliens sentenced to incarceration.’’. 

22 SEC. 4. PROHIBITION ON USE OF FEDERAL FUNDS TO AS23 SIST INCARCERATION OF CRIMINAL ALIENS. 

24 A State or unit of local government may not use, for 

25 the benefit of State or local incarceration of aliens conVerDate Aug 31 2005 22:52 Jun 15, 2006 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5597.IH H5597

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1 victed of a crime any portion of any Federal funds, unless 

2 the State or unit— 

3 (1) for each conviction of a person obtained by 

4 that State or unit, provides the Secretary of Home5 land Security with information adequate for the Sec6 retary to use in determining whether the person is 

7 lawfully present in the United States; and 

8 (2) for each person determined by the Secretary 

9 of Homeland Security pursuant to paragraph (1) to 

10 be unlawfully present in the United States, transfers 

11 custody of that person to the Secretary not later 

12 than— 

13 (A) the date on which that person’s term 

14 of imprisonment expires, if a term of imprison15 ment is imposed; or 

16 (B) the date of the person’s sentencing, if 

17 a term of imprisonment is not imposed. 

Æ 


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