Union Calendar No. 9

104TH CONGRESS

1ST SESSION H. R. 668

[Report No. 104–22]

A BILL

To control crime by further streamlining

deportation of criminal aliens.

FEBRUARY 6, 1995

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 9

104TH CONGRESS

1ST SESSION H. R. 668

[Report No. 104–22]

To control crime by further streamlining deportation of criminal aliens.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 25, 1995

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

Committee on the Judiciary

FEBRUARY 6, 1995

Additional sponsors: Mr. KING, Mr. BLILEY, and Mr. ENGLISH of

Pennsylvania

FEBRUARY 6, 1995

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on January 25, 1995]

A BILL

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,
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

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

5 Act is as follows:

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. Compensation for incarceration of undocumented criminal aliens.

Sec. 12. Miscellaneous provisions.

Sec. 13. Construction of expedited deportation requirements.

6 SEC. 2. ADDITIONAL EXPANSION OF DEFINITION OF AGGRA7 VATED FELONY.

8 (a) IN GENERAL.—Section 101(a)(43) of the Immigra9 tion and Nationality Act (8 U.S.C. 1101(a)(43)), as amend10 ed by section 222 of the Immigration and Nationality Tech11 nical Corrections Act of 1994 (Public Law 103–416), is

12 amended—

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

14 offense described in section 1084 (if it is a second or

15 subsequent offense) or 1955 of that title (relating to

16 gambling offenses),’’ after ‘‘corrupt organizations)’’;

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

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

3 (iii), and

4 (C) by inserting after clause (i) the follow5 ing new clause:

6 ‘‘(ii) is described in section 2421, 2422,

7 or 2423 of title 18, United States Code (re8 lating to transportation for the purpose of

9 prostitution) for commercial advantage; or’’;

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

11 follows:

12 ‘‘(N) an offense described in paragraph

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

14 smuggling) for which the term of imprisonment

15 imposed (regardless of any suspension of impris16 onment) is at least 5 years;’’;

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

18 follows:

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

20 making, forging, counterfeiting, mutilating, or

21 altering a passport or instrument in violation of

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

23 is described in section 1546(a) of such title (re24 lating to document fraud) and (ii) for which the

25 term of imprisonment imposed (regardless of any
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1 suspension of such imprisonment) is at least 18

2 months;’’

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

4 and inserting ‘‘5 years’’, and by striking ‘‘and’’ at the

5 end;

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

7 and (Q) as subparagraphs (P), (Q), and (U), respec8 tively;

9 (7) by inserting after subparagraph (N) the fol10 lowing new subparagraph:

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

12 or 276 committed by an alien who was pre13 viously deported on the basis of a conviction for

14 an offense described in another subparagraph of

15 this paragraph;’’; and

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

17 redesignated, the following new subparagraphs:

18 ‘‘(R) an offense relating to commercial brib19 ery, counterfeiting, forgery, or trafficking in ve20 hicles the identification numbers of which have

21 been altered for which a sentence of 5 years’ im22 prisonment or more may be imposed;

23 ‘‘(S) an offense relating to obstruction of

24 justice, perjury or subornation of perjury, or
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1 bribery of a witness, for which a sentence of 5

2 years’ imprisonment or more may be imposed;

3 ‘‘(T) an offense relating to a failure to ap4 pear before a court pursuant to a court order to

5 answer to or dispose of a charge of a felony for

6 which a sentence of 2 years’ imprisonment or

7 more may be imposed; and’’.

8 (b) EFFECTIVE DATE.—The amendments made by sub9 section (a) shall apply to convictions entered on or after

10 the date of the enactment of this Act, except that the amend11 ment made by subsection (a)(3) shall take effect as if in12 cluded in the enactment of section 222 of the Immigration

13 and Nationality Technical Corrections Act of 1994.

14 SEC. 3. DEPORTATION PROCEDURES FOR CERTAIN CRIMI15 NAL ALIENS WHO ARE NOT PERMANENT RESI16 DENTS.

17 (a) ADMINISTRATIVE HEARINGS.—Section 242A(b) of

18 the Immigration and Nationality Act (8 U.S.C. 1252a(b)),

19 as added by section 130004(a) of the Violent Crime Control

20 and Law Enforcement Act of 1994 (Public Law 103–322),

21 is amended—

22 (1) in paragraph (2)—

23 (A) by striking ‘‘and’’ at the end of sub24 paragraph (A) and inserting ‘‘or’’, and
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1 (B) by amending subparagraph (B) to read

2 as follows:

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

4 conditional basis (as described in section 216) at

5 the time that proceedings under this section com6 menced.’’;

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

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

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

10 ‘‘proccedings’’ and inserting ‘‘proceedings’’;

11 (4) in paragraph (4)—

12 (A) by redesignating subparagraphs (D)

13 and (E) as subparagraphs (F) and (G), respec14 tively; and

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

16 following new subparagraphs:

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

18 translated for the alien into, a language the

19 alien understands;

20 ‘‘(E) a determination is made for the record

21 at such proceedings that the individual who ap22 pears to respond in such a proceeding is an alien

23 subject to such an expedited proceeding under

24 this section and is, in fact, the alien named in

25 the notice for such proceeding;’’.
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1 (5) by adding at the end the following new para2 graph:

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

4 eligible for any relief from deportation that the Attor5 ney General may grant in the Attorney General’s dis6 cretion.’’.

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

8 section 106 of the Immigration and Nationality Act (8

9 U.S.C. 1105a), as added by section 130004(b) of the Violent

10 Crime Control and Law Enforcement Act of 1994 (Public

11 Law 103–322), is amended to read as follows:

12 ‘‘(d) Notwithstanding subsection (c), a petition for re13 view 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 (c) PRESUMPTION OF DEPORTABILITY.—Section 242A

18 of the Immigration and Nationality Act (8 U.S.C. 1252a)

19 is amended by inserting after subsection (b) the following

20 new subsection:

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

22 convicted of an aggravated felony shall be conclusively pre23 sumed to be deportable from the United States.’’.

24 (d) EFFECTIVE DATE.—The amendments made by this

25 section shall apply to all aliens against whom deportation
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1 proceedings are initiated after the date of the enactment of

2 this Act.

3 SEC. 4. RESTRICTING THE DEFENSE TO EXCLUSION BASED

4 ON 7 YEARS PERMANENT RESIDENCE FOR

5 CERTAIN CRIMINAL ALIENS.

6 The last sentence of section 212(c) of the Immigration

7 and Nationality Act (8 U.S.C. 1182(c)) is amended by

8 striking ‘‘has served for such felony or felonies’’ and all that

9 follows through the period and inserting ‘‘has been sen10 tenced for such felony or felonies to a term of imprisonment

11 of at least 5 years, if the time for appealing such conviction

12 or sentence has expired and the sentence has become final.’’.

13 SEC. 5. LIMITATION ON COLLATERAL ATTACKS ON UNDER14 LYING DEPORTATION ORDER.

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

16 and Nationality Act (8 U.S.C. 1326) is amended by adding

17 at the end the following new subsection:

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

19 alien may not challenge the validity of the deportation

20 order described in subsection (a)(1) or subsection (b) unless

21 the alien demonstrates that—

22 ‘‘(1) the alien exhausted any administrative rem23 edies that may have been available to seek relief

24 against the order;
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1 ‘‘(2) the deportation proceedings at which the

2 order was issued improperly deprived the alien of the

3 opportunity for judicial review; and

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

5 unfair.’’.

6 (b) EFFECTIVE DATE.—The amendment made by sub7 section (a) shall apply to criminal proceedings initiated

8 after the date of the enactment of this Act.

9 SEC. 6. CRIMINAL ALIEN IDENTIFICATION SYSTEM.

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

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

12 amended to read as follows:

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

14 of Immigration and Naturalization shall, under the author15 ity of section 242(a)(3)(A) of the Immigration and Nation16 ality Act (8 U.S.C. 1252(a)(3)(A)), operate a criminal alien

17 identification system. The criminal alien identification sys18 tem shall be used to assist Federal, State, and local law

19 enforcement agencies in identifying and locating aliens who

20 may be subject to deportation by reason of their conviction

21 of aggravated felonies.’’.

22 SEC. 7. ESTABLISHING CERTAIN ALIEN SMUGGLING-RELAT23 ED CRIMES AS RICO-PREDICATE OFFENSES.

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

25 amended—
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1 (1) by inserting ‘‘section 1028 (relating to fraud

2 and related activity in connection with identification

3 documents) if the act indictable under section 1028

4 was committed for the purpose of financial gain,’’ be5 fore ‘‘section 1029’’;

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

7 statement in application and use of passport) if the

8 act indictable under section 1542 was committed for

9 the purpose of financial gain, section 1543 (relating

10 to forgery or false use of passport) if the act indict11 able under section 1543 was committed for the pur12 pose of financial gain, section 1544 (relating to mis13 use of passport) if the act indictable under section

14 1544 was committed for the purpose of financial gain,

15 section 1546 (relating to fraud and misuse of visas,

16 permits, and other documents) if the act indictable

17 under section 1546 was committed for the purpose of

18 financial gain, sections 1581–1588 (relating to peon19 age and slavery),’’ after ‘‘section 1513 (relating to re20 taliating against a witness, victim, or an inform21 ant),’’;

22 (3) by striking ‘‘or’’ before ‘‘(E)’’; and

23 (4) by inserting before the period at the end the

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

25 the Immigration and Nationality Act, section 274
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1 (relating to bringing in and harboring certain

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

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

4 278 (relating to importation of alien for immoral

5 purpose) if the act indictable under such section of

6 such Act was committed for the purpose of financial

7 gain’’.

8 SEC. 8. WIRETAP AUTHORITY FOR ALIEN SMUGGLING IN9 VESTIGATIONS.

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

11 amended—

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

13 (n),

14 (2) by redesignating paragraph (o) as paragraph

15 (p), and

16 (3) by inserting after paragraph (n) the follow17 ing new paragraph:

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

19 to production of false identification documents), sec20 tion 1542 (relating to false statements in passport ap21 plications), section 1546 (relating to fraud and mis22 use of visas, permits, and other documents) of this

23 title or a violation of section 274, 277, or 278 of the

24 Immigration and Nationality Act (relating to the

25 smuggling of aliens); or’’.
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1 SEC. 9. EXPANSION OF CRITERIA FOR DEPORTATION FOR

2 CRIMES OF MORAL TURPITUDE.

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

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

5 1251(a)(2)(A)(i)(II)) is amended to read as follows:

6 ‘‘(II) is convicted of a crime for

7 which a sentence of one year or longer

8 may be imposed,’’.

9 (b) EFFECTIVE DATE.—The amendment made by sub10 section (a) shall apply to aliens against whom deportation

11 proceedings are initiated after the date of the enactment of

12 this Act.

13 SEC. 10. PAYMENTS TO POLITICAL SUBDIVISIONS FOR

14 COSTS OF INCARCERATING ILLEGAL ALIENS.

15 Amounts appropriated to carry out section 501 of the

16 Immigration Reform and Control Act of 1986 for fiscal year

17 1995 shall be available to carry out section 242(j) of the

18 Immigration and Nationality Act in that fiscal year with

19 respect to undocumented criminal aliens incarcerated under

20 the authority of political subdivisions of a State.

21 SEC. 11. COMPENSATION FOR INCARCERATION OF UN22 DOCUMENTED CRIMINAL ALIENS.

23 Section 20301(c) of the Violent Crime Control and

24 Law Enforcement Act of 1994 (Public Law 103–322) is

25 amended by striking ‘‘2004’’ and inserting ‘‘1996’’.
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1 SEC. 12. MISCELLANEOUS PROVISIONS.

2 (a) USE OF ELECTRONIC AND TELEPHONIC MEDIA IN

3 DEPORTATION HEARINGS.—The second sentence of section

4 242(b) of the Immigration and Nationality Act (8 U.S.C.

5 1252(b)) is amended by inserting before the period the fol6 lowing: ‘‘; except that nothing in this subsection shall pre7 clude the Attorney General from authorizing proceedings by

8 electronic or telephonic media (with the consent of the alien)

9 or, where waived or agreed to by the parties, in the absence

10 of the alien’’.

11 (b) CODIFICATION.—

12 (1) Section 242(i) of such Act (8 U.S.C. 1252(i))

13 is amended by adding at the end the following: ‘‘Noth14 ing in this subsection shall be construed to create any

15 substantive or procedural right or benefit that is le16 gally enforceable by any party against the United

17 States or its agencies or officers or any other per18 son.’’.

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 the

25 Immigration and Nationality Technical Corrections

26 Act of 1994 (Public Law 103–416).
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1 SEC. 13. CONSTRUCTION OF EXPEDITED DEPORTATION RE2 QUIREMENTS.

3 No amendment made by this title shall be construed

4 to create any substantive or procedural right or benefit that

5 is legally enforceable by any party against the United

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