I 

111TH CONGRESS 

2D SESSION H. R. 6062 

To identify and remove criminal aliens incarcerated in correctional facilities 

in the United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 30, 2010 

Mr. ROONEY introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To identify and remove criminal aliens incarcerated in correctional facilities in the United States, 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 Re5 moval Act of 2010’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) CRIMINAL ALIEN.—Except as otherwise 

9 provided, the term ‘‘criminal alien’’ means an alien 

10 who— 


jbell on DSKDVH8Z91PROD with BILLS
2 

HR 6062 IH 

1 (A) is inadmissible by reason of having 

2 committed any offense covered in section 

3 212(a)(2) of the Immigration and Nationality 

4 Act (8 U.S.C. 182(a)(2)); 

5 (B) is deportable by reason of having com6 mitted any offense covered in subparagraph 

7 (A)(ii), (A)(iii), (B), (C), or (D) of section 

8 237(a)(2) of such Act (8 U.S.C. 1227(a)(2)); 

9 (C) is deportable under section 

10 237(a)(2)(A)(i) of such Act (8 U.S.C. 

11 1227(a)(2)(A)(i)) on the basis of an offense for 

12 which the alien has been sentenced to a term of 

13 imprisonment of at least 1 year; or 

14 (D) is inadmissible under section 

15 212(a)(3)(B) (8 U.S.C. 1182(a)(3)(B)) or de16 portable under section 237(a)(4)(B) (8 U.S.C. 

17 1227(a)(4)(B)). 

18 (2) CRIMINAL ALIEN PROGRAM.—The term 

19 ‘‘Criminal Alien Program’’ means the Criminal Alien 

20 Program required by section 3. 

21 (3) SECRETARY.—The term ‘‘Secretary’’ means 

22 the Secretary of Homeland Security. 

23 SEC. 3. CRIMINAL ALIEN PROGRAM. 

24 (a) REQUIREMENT FOR CRIMINAL ALIEN PRO25 GRAM.—The Secretary shall carry out a program known 


jbell on DSKDVH8Z91PROD with BILLS
3 

HR 6062 IH 

1 as the ‘‘Criminal Alien Program’’ for the purposes de2 scribed in subsection (b). 

3 (b) PURPOSES.—The purposes of the Criminal Alien 

4 Program are to— 

5 (1) identify criminal aliens who are incarcerated 

6 in a Federal, State, or local correctional facility; 

7 (2) ensure that such aliens are not released into 

8 the community upon the alien’s release from such 

9 incarceration, without regard to whether the alien is 

10 released on parole, supervised release, or probation, 

11 and without regard to whether the alien may be ar12 rested or imprisoned again for the same offense; and 

13 (3) remove such aliens from the United States 

14 upon such release. 

15 (c) TECHNOLOGY USAGE.—To carry out the Criminal 

16 Alien Program in remote locations, the Secretary shall, to 

17 the maximum extent practicable— 

18 (1) employ technology, such as videoconferenc19 ing in such locations; 

20 (2) utilize mobile access to Federal databases of 

21 aliens, such as the Automated Biometric Fingerprint 

22 Identification System (IDENT); and 

23 (3) utilize electronic Livescan fingerprinting 

24 technology in order to make such resources available 


jbell on DSKDVH8Z91PROD with BILLS
4 

HR 6062 IH 

1 to State and local law enforcement agencies in such 

2 locations. 

3 (d) PARTICIPATION BY STATES.— 

4 (1) IN GENERAL.—Notwithstanding any other 

5 provision of law, a State shall not be eligible to re6 ceive funds pursuant to a program described in 

7 paragraph (2) unless the appropriate officials of 

8 such State— 

9 (A) cooperate with the Secretary to carry 

10 out the Criminal Alien Program; 

11 (B) expeditiously and systematically iden12 tify criminal aliens who are incarcerated in a 

13 prison or jail located in such State; and 

14 (C) promptly convey the information col15 lected under subparagraph (B) to the Secretary 

16 to carry out the Criminal Alien Program. 

17 (2) PROGRAMS.—The programs described in 

18 this section are any law enforcement grant program 

19 carried out by personnel of any element of the De20 partment of Justice, including the program de21 scribed in section 241(i) of the Immigration and Na22 tionality Act (8 U.S.C. 1231(i)). 

23 (3) OTHER AUTHORITIES.—To assist States in 

24 participating in the Criminal Alien Program, appro25 priate officials of a State— 


jbell on DSKDVH8Z91PROD with BILLS
5 

HR 6062 IH 

1 (A) are authorized to hold an illegal alien 

2 for a period of up to 14 days after the date 

3 such alien completes a term of incarceration 

4 within the State in order to effectuate the 

5 transfer of such alien to Federal custody if the 

6 alien is removable or not lawfully present in the 

7 United States; and 

8 (B) are authorized to issue a detainer that 

9 would allow an alien who completes a term of 

10 incarceration within the State to be detained by 

11 the State prison until personnel from U.S. Im12 migration and Customs Enforcement is able to 

13 take the alien into custody. 

14 (e) EVALUATION OF INCARCERATED ALIEN POPU15 LATIONS.—The Secretary, acting in conjunction with the 

16 Attorney General and the appropriate officials of the 

17 States, as appropriate, shall carry out the Criminal Alien 

18 Program as follows: 

19 (1) Not later than December 31, 2012, identify 

20 each criminal alien who— 

21 (A) is incarcerated in a Federal correc22 tional facility; and 

23 (B) will be deportable or removable upon 

24 release from such incarceration. 


jbell on DSKDVH8Z91PROD with BILLS
6 

HR 6062 IH 

1 (2) Not later than December 31, 2014, identify 

2 each criminal alien who— 

3 (A) is incarcerated in State or local correc4 tional facility; 

5 (B) is serving a term of 3 or more years; 

6 and 

7 (C) will be deportable or removable upon 

8 release from such incarceration. 

9 SEC. 4. REDESIGNATION. 

10 Section 642 of the Illegal Immigration Reform and 

11 Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) 

12 is— 

13 (1) redesignated as section 296 of the Immigra14 tion and Nationality Act; and 

15 (2) inserted into such Act after section 295 of 

16 such Act. 

17 SEC. 5. ANNUAL REPORTS TO CONGRESS. 

18 The Secretary shall submit to Congress an annual re19 port on the implementation of the Criminal Alien Program 

20 and the other provisions of this Act, including the Sec21 retary’s progress in meeting the deadlines set out in sec22 tion 3(e). 

Æ 


jbell on DSKDVH8Z91PROD with BILLS