IIA

104TH CONGRESS

1ST SESSION H. R. 668

IN THE SENATE OF THE UNITED STATES

FEBRUARY 13 (legislative day, JANUARY 30), 1995

Received; read twice and referred to the Committee on the Judiciary

AN ACT

To control crime by further streamlining deportation of

criminal aliens.

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; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Criminal Alien Deportation Improvements Act of 1995’’.

6 (b) TABLE OF CONTENTS.—The table of contents of

7 this Act is as follows:
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Sec. 1. Short title; table of contents.

Sec. 2. Additional expansion of definition of aggravated felony.

Sec. 3. Deportation procedures for certain criminal aliens who are not permanent residents.

Sec. 4. Restricting the defense to exclusion based on 7 years permanent residence for certain criminal aliens.

Sec. 5. Limitation on collateral attacks on underlying deportation order.

Sec. 6. Criminal alien identification system.

Sec. 7. Establishing certain alien smuggling-related crimes as RICO-predicate

offenses.

Sec. 8. Wiretap authority for alien smuggling investigations.

Sec. 9. Expansion of criteria for deportation for crimes of moral turpitude.

Sec. 10. Payments to political subdivisions for costs of incarcerating illegal

aliens.

Sec. 11. Miscellaneous provisions.

Sec. 12. Construction of expedited deportation requirements.

Sec. 13. Study of prisoner transfer treaty with Mexico.

Sec. 14. Justice Department assistance in bringing to justice aliens who flee

prosecution for crimes in the United States.

Sec. 15. Prisoner transfer treaties.

Sec. 16. Interior repatriation program.

Sec. 17. Deportation of nonviolent offenders prior to completion of sentence of

imprisonment.

1 SEC. 2. ADDITIONAL EXPANSION OF DEFINITION OF AG2 GRAVATED FELONY.

3 (a) IN GENERAL.—Section 101(a)(43) of the Immi4 gration and Nationality Act (8 U.S.C. 1101(a)(43)), as

5 amended by section 222 of the Immigration and National6 ity Technical Corrections Act of 1994 (Public Law 103–

7 416), is amended—

8 (1) in subparagraph (J), by inserting ‘‘, or an

9 offense described in section 1084 (if it is a second

10 or subsequent offense) or 1955 of that title (relating

11 to gambling offenses),’’ after ‘‘corrupt organiza12 tions)’’;

13 (2) in subparagraph (K)—
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1 (A) by striking ‘‘or’’ at the end of clause

2 (i),

3 (B) by redesignating clause (ii) as clause

4 (iii), and

5 (C) by inserting after clause (i) the follow6 ing new clause:

7 ‘‘(ii) is described in section 2421,

8 2422, or 2423 of title 18, United States

9 Code (relating to transportation for the

10 purpose of prostitution) for commercial ad11 vantage; or’’;

12 (3) by amending subparagraph (N) to read as

13 follows:

14 ‘‘(N) an offense described in paragraph

15 (1)(A) or (2) of section 274(a) (relating to alien

16 smuggling) for which the term of imprisonment

17 imposed (regardless of any suspension of im18 prisonment) is at least 5 years;’’;

19 (4) by amending subparagraph (O) to read as

20 follows:

21 ‘‘(O) an offense (i) which either is falsely

22 making, forging, counterfeiting, mutilating, or

23 altering a passport or instrument in violation of

24 section 1543 of title 18, United States Code, or

25 is described in section 1546(a) of such title (re-
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1 lating to document fraud) and (ii) for which the

2 term of imprisonment imposed (regardless of

3 any suspension of such imprisonment) is at

4 least 18 months;’’

5 (5) in subparagraph (P), by striking ‘‘15 years’’

6 and inserting ‘‘5 years’’, and by striking ‘‘and’’ at

7 the end;

8 (6) by redesignating subparagraphs (O), (P),

9 and (Q) as subparagraphs (P), (Q), and (U), respec10 tively;

11 (7) by inserting after subparagraph (N) the fol12 lowing new subparagraph:

13 ‘‘(O) an offense described in section 275(a)

14 or 276 committed by an alien who was pre15 viously deported on the basis of a conviction for

16 an offense described in another subparagraph

17 of this paragraph;’’; and

18 (8) by inserting after subparagraph (Q), as so

19 redesignated, the following new subparagraphs:

20 ‘‘(R) an offense relating to commercial

21 bribery, counterfeiting, forgery, or trafficking in

22 vehicles the identification numbers of which

23 have been altered for which a sentence of 5

24 years’ imprisonment or more may be imposed;
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1 ‘‘(S) an offense relating to obstruction of

2 justice, perjury or subornation of perjury, or

3 bribery of a witness, for which a sentence of 5

4 years’ imprisonment or more may be imposed;

5 ‘‘(T) an offense relating to a failure to ap6 pear before a court pursuant to a court order

7 to answer to or dispose of a charge of a felony

8 for which a sentence of 2 years’ imprisonment

9 or more may be imposed; and’’.

10 (b) EFFECTIVE DATE.—The amendments made by

11 subsection (a) shall apply to convictions entered on or

12 after the date of the enactment of this Act, except that

13 the amendment made by subsection (a)(3) shall take effect

14 as if included in the enactment of section 222 of the Immi15 gration and Nationality Technical Corrections Act of

16 1994.

17 SEC. 3. DEPORTATION PROCEDURES FOR CERTAIN CRIMI18 NAL ALIENS WHO ARE NOT PERMANENT

19 RESIDENTS.

20 (a) ADMINISTRATIVE HEARINGS.—Section 242A(b)

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

22 1252a(b)), as added by section 130004(a) of the Violent

23 Crime Control and Law Enforcement Act of 1994 (Public

24 Law 103–322), is amended—

25 (1) in paragraph (2)—
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1 (A) by striking ‘‘and’’ at the end of sub2 paragraph (A) and inserting ‘‘or’’, and

3 (B) by amending subparagraph (B) to read

4 as follows:

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

6 conditional basis (as described in section 216)

7 at the time that proceedings under this section

8 commenced.’’;

9 (2) in paragraph (3), by striking ‘‘30 calendar

10 days’’ and inserting ‘‘14 calendar days’’;

11 (3) in paragraph (4)(B), by striking

12 ‘‘proccedings’’ and inserting ‘‘proceedings’’;

13 (4) in paragraph (4)—

14 (A) by redesignating subparagraphs (D)

15 and (E) as subparagraphs (F) and (G), respec16 tively; and

17 (B) by adding after subparagraph (C) the

18 following new subparagraphs:

19 ‘‘(D) such proceedings are conducted in, or

20 translated for the alien into, a language the

21 alien understands;

22 ‘‘(E) a determination is made for the

23 record at such proceedings that the individual

24 who appears to respond in such a proceeding is

25 an alien subject to such an expedited proceed-
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1 ing under this section and is, in fact, the alien

2 named in the notice for such proceeding;’’.

3 (5) by adding at the end the following new

4 paragraph:

5 ‘‘(5) No alien described in this section shall be

6 eligible for any relief from deportation that the At7 torney General may grant in the Attorney General’s

8 discretion.’’.

9 (b) LIMIT ON JUDICIAL REVIEW.—Subsection (d) of

10 section 106 of the Immigration and Nationality Act (8

11 U.S.C. 1105a), as added by section 130004(b) of the Vio12 lent Crime Control and Law Enforcement Act of 1994

13 (Public Law 103–322), is amended to read as follows:

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

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

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

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

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

19 (c) PRESUMPTION OF DEPORTABILITY.—Section

20 242A of the Immigration and Nationality Act (8 U.S.C.

21 1252a) is amended by inserting after subsection (b) the

22 following new subsection:

23 ‘‘(c) PRESUMPTION OF DEPORTABILITY.—An alien

24 convicted of an aggravated felony shall be conclusively pre25 sumed to be deportable from the United States.’’.
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1 (d) EFFECTIVE DATE.—The amendments made by

2 this section shall apply to all aliens against whom deporta3 tion proceedings are initiated after the date of the enact4 ment of this Act.

5 SEC. 4. RESTRICTING THE DEFENSE TO EXCLUSION BASED

6 ON 7 YEARS PERMANENT RESIDENCE FOR

7 CERTAIN CRIMINAL ALIENS.

8 The last sentence of section 212(c) of the Immigra9 tion and Nationality Act (8 U.S.C. 1182(c)) is amended

10 by striking ‘‘has served for such felony or felonies’’ and

11 all that follows through the period and inserting ‘‘has been

12 sentenced for such felony or felonies to a term of imprison13 ment of at least 5 years, if the time for appealing such

14 conviction or sentence has expired and the sentence has

15 become final.’’.

16 SEC. 5. LIMITATION ON COLLATERAL ATTACKS ON UNDER17 LYING DEPORTATION ORDER.

18 (a) IN GENERAL.—Section 276 of the Immigration

19 and Nationality Act (8 U.S.C. 1326) is amended by add20 ing at the end the following new subsection:

21 ‘‘(c) In a criminal proceeding under this section, an

22 alien may not challenge the validity of the deportation

23 order described in subsection (a)(1) or subsection (b) un24 less the alien demonstrates that—
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1 ‘‘(1) the alien exhausted any administrative

2 remedies that may have been available to seek relief

3 against the order;

4 ‘‘(2) the deportation proceedings at which the

5 order was issued improperly deprived the alien of the

6 opportunity for judicial review; and

7 ‘‘(3) the entry of the order was fundamentally

8 unfair.’’.

9 (b) EFFECTIVE DATE.—The amendment made by

10 subsection (a) shall apply to criminal proceedings initiated

11 after the date of the enactment of this Act.

12 SEC. 6. CRIMINAL ALIEN IDENTIFICATION SYSTEM.

13 Section 130002(a) of the Violent Crime Control and

14 Law Enforcement Act of 1994 (Public Law 103–312) is

15 amended to read as follows:

16 ‘‘(a) OPERATION AND PURPOSE.—The Commissioner

17 of Immigration and Naturalization shall, under the au18 thority of section 242(a)(3)(A) of the Immigration and

19 Nationality Act (8 U.S.C. 1252(a)(3)(A)), operate a crimi20 nal alien identification system. The criminal alien identi21 fication system shall be used to assist Federal, State, and

22 local law enforcement agencies in identifying and locating

23 aliens who may be subject to deportation by reason of

24 their conviction of aggravated felonies.’’.
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1 SEC. 7. ESTABLISHING CERTAIN ALIEN SMUGGLING-RELAT2 ED CRIMES AS RICO-PREDICATE OFFENSES.

3 Section 1961(1) of title 18, United States Code, is

4 amended—

5 (1) by inserting ‘‘section 1028 (relating to

6 fraud and related activity in connection with identi7 fication documents) if the act indictable under sec8 tion 1028 was committed for the purpose of finan9 cial gain,’’ before ‘‘section 1029’’;

10 (2) by inserting ‘‘section 1542 (relating to false

11 statement in application and use of passport) if the

12 act indictable under section 1542 was committed for

13 the purpose of financial gain, section 1543 (relating

14 to forgery or false use of passport) if the act indict15 able under section 1543 was committed for the pur16 pose of financial gain, section 1544 (relating to mis17 use of passport) if the act indictable under section

18 1544 was committed for the purpose of financial

19 gain, section 1546 (relating to fraud and misuse of

20 visas, permits, and other documents) if the act in21 dictable under section 1546 was committed for the

22 purpose of financial gain, sections 1581–1588 (relat23 ing to peonage and slavery),’’ after ‘‘section 1513

24 (relating to retaliating against a witness, victim, or

25 an informant),’’;

26 (3) by striking ‘‘or’’ before ‘‘(E)’’; and
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1 (4) by inserting before the period at the end the

2 following: ‘‘, or (F) any act which is indictable under

3 the Immigration and Nationality Act, section 274

4 (relating to bringing in and harboring certain

5 aliens), section 277 (relating to aiding or assisting

6 certain aliens to enter the United States), or section

7 278 (relating to importation of alien for immoral

8 purpose) if the act indictable under such section of

9 such Act was committed for the purpose of financial

10 gain’’.

11 SEC. 8. WIRETAP AUTHORITY FOR ALIEN SMUGGLING IN12 VESTIGATIONS.

13 Section 2516(1) of title 18, United States Code, is

14 amended—

15 (1) by striking ‘‘and’’ at the end of paragraph

16 (n),

17 (2) by redesignating paragraph (o) as para18 graph (p), and

19 (3) by inserting after paragraph (n) the follow20 ing new paragraph:

21 ‘‘(o) a felony violation of section 1028 (relating

22 to production of false identification documents), sec23 tion 1542 (relating to false statements in passport

24 applications), section 1546 (relating to fraud and

25 misuse of visas, permits, and other documents) of
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1 this title or a violation of section 274, 277, or 278

2 of the Immigration and Nationality Act (relating to

3 the smuggling of aliens); or’’.

4 SEC. 9. EXPANSION OF CRITERIA FOR DEPORTATION FOR

5 CRIMES OF MORAL TURPITUDE.

6 (a) IN GENERAL.—Section 241(a)(2)(A)(i)(II) of the

7 Immigration and Nationality Act (8 U.S.C.

8 1251(a)(2)(A)(i)(II)) is amended to read as follows:

9 ‘‘(II) is convicted of a crime for

10 which a sentence of one year or longer

11 may be imposed,’’.

12 (b) EFFECTIVE DATE.—The amendment made by

13 subsection (a) shall apply to aliens against whom deporta14 tion proceedings are initiated after the date of the enact15 ment of this Act.

16 SEC. 10. PAYMENTS TO POLITICAL SUBDIVISIONS FOR

17 COSTS OF INCARCERATING ILLEGAL ALIENS.

18 Amounts appropriated to carry out section 501 of the

19 Immigration Reform and Control Act of 1986 for fiscal

20 year 1995 shall be available to carry out section 242(j)

21 of the Immigration and Nationality Act in that fiscal year

22 with respect to undocumented criminal aliens incarcerated

23 under the authority of political subdivisions of a State.
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1 SEC. 11. MISCELLANEOUS PROVISIONS.

2 (a) USE OF ELECTRONIC AND TELEPHONIC MEDIA

3 IN DEPORTATION HEARINGS.—The second sentence of

4 section 242(b) of the Immigration and Nationality Act (8

5 U.S.C. 1252(b)) is amended by inserting before the period

6 the following: ‘‘; except that nothing in this subsection

7 shall preclude the Attorney General from authorizing pro8 ceedings by electronic or telephonic media (with the con9 sent of the alien) or, where waived or agreed to by the

10 parties, in the absence of the alien’’.

11 (b) CODIFICATION.—

12 (1) Section 242(i) of such Act (8 U.S.C.

13 1252(i)) is amended by adding at the end the follow14 ing: ‘‘Nothing in this subsection shall be construed

15 to create any substantive or procedural right or ben16 efit that is legally enforceable by any party against

17 the United States or its agencies or officers or any

18 other person.’’.

19 (2) Section 225 of the Immigration and Nation20 ality Technical Corrections Act of 1994 (Public Law

21 103–416) is amended by striking ‘‘and nothing in’’

22 and all that follows through ‘‘1252(i))’’.

23 (3) The amendments made by this subsection

24 shall take effect as if included in the enactment of

25 the Immigration and Nationality Technical Correc26 tions Act of 1994 (Public Law 103–416).
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1 SEC. 12. CONSTRUCTION OF EXPEDITED DEPORTATION RE2 QUIREMENTS.

3 No amendment made by this Act shall be construed

4 to create any substantive or procedural right or benefit

5 that is legally enforceable by any party against the United

6 States or its agencies or officers or any other person.

7 SEC. 13. STUDY OF PRISONER TRANSFER TREATY WITH

8 MEXICO.

9 (a) REPORT TO CONGRESS.—Not later than 180 days

10 after the date of the enactment of this Act, the Secretary

11 of State and the Attorney General shall submit to the Con12 gress a report that describes the use and effectiveness of

13 the Prisoner Transfer Treaty with Mexico (in this section

14 referred to as the ‘‘Treaty’’) to remove from the United

15 States aliens who have been convicted of crimes in the

16 United States.

17 (b) USE OF TREATY.—The report under subsection

18 (a) shall include the following information:

19 (1) The number of aliens convicted of a crimi20 nal offense in the United States since November 30,

21 1977, who would have been or are eligible for trans22 fer pursuant to the Treaty.

23 (2) The number of aliens described in para24 graph (1) who have been transferred pursuant to the

25 Treaty.
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1 (3) The number of aliens described in para2 graph (2) who have been incarcerated in full compli3 ance with the Treaty.

4 (4) The number of aliens who are incarcerated

5 in a penal institution in the United States who are

6 eligible for transfer pursuant to the Treaty.

7 (5) The number of aliens described in para8 graph (4) who are incarcerated in State and local

9 penal institutions.

10 (c) EFFECTIVENESS OF TREATY.—The report under

11 subsection (a) shall include the recommendations of the

12 Secretary of State and the Attorney General to increase

13 the effectiveness and use of, and full compliance with, the

14 Treaty. In considering the recommendations under this

15 subsection, the Secretary and the Attorney General shall

16 consult with such State and local officials in areas dis17 proportionately impacted by aliens convicted of criminal

18 offenses as the Secretary and the Attorney General con19 sider appropriate. Such recommendations shall address

20 the following areas:

21 (1) Changes in Federal laws, regulations, and

22 policies affecting the identification, prosecution, and

23 deportation of aliens who have committed a criminal

24 offense in the United States.
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1 (2) Changes in State and local laws, regula2 tions, and policies affecting the identification, pros3 ecution, and deportation of aliens who have commit4 ted a criminal offense in the United States.

5 (3) Changes in the Treaty that may be nec6 essary to increase the number of aliens convicted of

7 crimes who may be transferred pursuant to the

8 Treaty.

9 (4) Methods for preventing the unlawful re10 entry into the United States of aliens who have been

11 convicted of criminal offenses in the United States

12 and transferred pursuant to the Treaty.

13 (5) Any recommendations of appropriate offi14 cials of the Mexican Government on programs to

15 achieve the goals of, and ensure full compliance

16 with, the Treaty.

17 (6) An assessment of whether the recommenda18 tions under this subsection require the renegotiation

19 of the Treaty.

20 (7) The additional funds required to implement

21 each recommendation under this subsection.
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1 SEC. 14. JUSTICE DEPARTMENT ASSISTANCE IN BRINGING

2 TO JUSTICE ALIENS WHO FLEE PROSECU3 TION FOR CRIMES IN THE UNITED STATES.

4 (a) ASSISTANCE TO STATES.—The Attorney General,

5 in cooperation with the Commissioner of Immigration and

6 Naturalization and the Secretary of State, shall designate

7 an office within the Department of Justice to provide tech8 nical and prosecutorial assistance to States and political

9 subdivisions of States in efforts to bring to justice aliens

10 who flee prosecution for crimes in the United States.

11 (b) REPORT TO CONGRESS.—Not later than one year

12 after the date of the enactment of this Act, the Attorney

13 General shall compile and submit to the Congress a report

14 which assesses the nature and extent of the problem of

15 bringing to justice aliens who flee prosecution for crimes

16 in the United States.

17 SEC. 15. PRISONER TRANSFER TREATIES.

18 (a) NEGOTIATION.—Congress advises the President

19 to begin to negotiate and renegotiate, not later than 90

20 days after the date of the enactment of this Act, bilateral

21 prisoner transfer treaties. The focus of such negotiations

22 shall be to expedite the transfer of aliens unlawfully in

23 the United States who are incarcerated in United States

24 prisons, to ensure that a transferred prisoner serves the

25 balance of the sentence imposed by the United States
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1 courts, and to eliminate any requirement of prisoner con2 sent to such a transfer.

3 (b) CERTIFICATION.—The President shall submit to

4 the Congress, annually, a certification as to whether each

5 prisoner transfer treaty in force is effective in returning

6 aliens unlawfully in the United States who have committed

7 offenses for which they are incarcerated in the United

8 States to their country of nationality for further incarcer9 ation.

10 SEC. 16. INTERIOR REPATRIATION PROGRAM.

11 Not later than 180 days after the date of enactment

12 of this Act, the Attorney General and the Commissioner

13 of Immigration and Naturalization shall develop and im14 plement a program in which aliens who previously have

15 illegally entered the United States not less than 3 times

16 and are deported or returned to a country contiguous to

17 the United States will be returned to locations not less

18 than 500 kilometers from that country’s border with the

19 United States.

20 SEC. 17. DEPORTATION OF NONVIOLENT OFFENDERS

21 PRIOR TO COMPLETION OF SENTENCE OF IM22 PRISONMENT.

23 (a) IN GENERAL.—Section 242(h) of the Immigra24 tion and Nationality Act (8 U.S.C. 1252(h)) is amended

25 to read as follows:
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1 ‘‘(h)(1) Except as provided in paragraph (2), an alien

2 sentenced to imprisonment may not be deported until such

3 imprisonment has been terminated by the release of the

4 alien from confinement. Parole, supervised release, proba5 tion, or possibility of rearrest or further confinement in

6 respect of the same offense shall not be a ground for defer7 ral of deportation.

8 ‘‘(2) The Attorney General is authorized to deport an

9 alien in accordance with applicable procedures under this

10 Act prior to the completion of a sentence of imprison11 ment—

12 ‘‘(A) in the case of an alien in the custody of

13 the Attorney General, if the Attorney General deter14 mines that (i) the alien is confined pursuant to a

15 final conviction for a nonviolent offense (other than

16 alien smuggling), and (ii) such deportation of the

17 alien is appropriate and in the best interest of the

18 United States; or

19 ‘‘(B) in the case of an alien in the custody of

20 a State (or a political subdivision of a State), if the

21 chief State official exercising authority with respect

22 to the incarceration of the alien determines that (i)

23 the alien is confined pursuant to a final conviction

24 for a nonviolent offense (other than alien smug25 gling), (ii) such deportation is appropriate and in
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1 the best interest of the State, and (iii) submits a

2 written request to the Attorney General that such

3 alien be so deported.

4 ‘‘(3) Any alien deported pursuant to this subsection

5 shall be notified of the penalties under the laws of the

6 United States relating to the reentry of deported aliens,

7 particularly the expanded penalties for aliens deported

8 under paragraph (2).’’.

9 (b) REENTRY OF ALIEN DEPORTED PRIOR TO COM10 PLETION OF TERM OF IMPRISONMENT.—Section 276 of

11 the Immigration and Nationality Act (8 U.S.C. 1326)

12 amended by adding at the end the following new sub13 section:

14 ‘‘(c) Any alien deported pursuant to section

15 242(h)(2) who enters, attempts to enter, or is at any time

16 found in, the United States (unless the Attorney General

17 has expressly consented to such alien’s reentry) shall be

18 incarcerated for the remainder of the sentence of impris19 onment which was pending at the time of deportation

20 without any reduction for parole or supervised release.

21 Such alien shall be subject to such other penalties relating
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1 to the reentry of deported aliens as may be available under

2 this section or any other provision of law.’’.

Passed the House of Representatives February 10,

1995.

Attest: ROBIN H. CARLE,

Clerk.

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