I 

112TH CONGRESS 

1ST SESSION H. R. 2952 

To provide for expedited removal of certain aliens, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 15, 2011 

Mr. HUNTER (for himself, Mr. BURTON of Indiana, Mr. ROSS of Florida, Mr. 

CRAVAACK, Mr. BROOKS, Mr. WESTMORELAND, Mr. MILLER of Florida, 

Mr. LATTA, Mr. MCKINLEY, Mr. GINGREY of Georgia, Mr. JOHNSON of 

Ohio, Mr. ROYCE, Mr. DUNCAN of Tennessee, Mr. FLEMING, Mr. POSEY, 

Mr. GOHMERT, Mr. FLORES, Mr. DUNCAN of South Carolina, Mrs. LUMMIS, Mr. ROE of Tennessee, and Mr. SCALISE) introduced the following 

bill; which was referred to the Committee on the Judiciary 

A BILL 

To provide for expedited removal of certain 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 ‘‘Immigration Backlog 

5 Reduction Act of 2011’’. 


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1 SEC. 2. EXPEDITED REMOVAL OF INADMISSIBLE ARRIVING 

2 ALIENS. 

3 Section 235(b)(1)(A) of the Immigration and Nation4 ality Act (8 U.S.C. 1225(b)(1)(A)) is amended by striking 

5 clauses (i) through (iii) and inserting the following: 

6 ‘‘(i) IN GENERAL.—If an immigration 

7 officer determines that an alien (other 

8 than an alien described in subparagraph 

9 (F)) who is arriving in the United States, 

10 or who has not been admitted or paroled 

11 into the United States and has not been 

12 physically present in the United States 

13 continuously for the 4-year period imme14 diately prior to the date of the determina15 tion of inadmissibility under this para16 graph, is inadmissible under section 

17 212(a)(6)(C) or 212(a)(7), the officer shall 

18 order the alien removed from the United 

19 States without further hearing or review, 

20 unless— 

21 ‘‘(I) the alien has been charged 

22 with a crime; 

23 ‘‘(II) the Secretary determines 

24 that the alien presents a significant 

25 risk to national security; or 


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1 ‘‘(III) the alien indicates an in2 tention to apply for asylum under sec3 tion 208 or a credible fear of persecu4 tion and the officer determines that 

5 the alien has been physically present 

6 in the United States for less than 1 

7 year. 

8 ‘‘(ii) CLAIMS FOR ASYLUM.—If an im9 migration officer determines that an alien 

10 (other than an alien described in subpara11 graph (F)) who is arriving in the United 

12 States, or who has not been admitted or 

13 paroled into the United States and has not 

14 been physically present in the United 

15 States continuously for the 4-year period 

16 immediately prior to the date of the deter17 mination of inadmissibility under this 

18 paragraph, is inadmissible under section 

19 212(a)(6)(C) or 212(a)(7), and the alien 

20 indicates either an intention to apply for 

21 asylum under section 208 or a credible 

22 fear of persecution, the officer shall refer 

23 the alien for an interview by an asylum of24 ficer under subparagraph (B) if the officer 

25 determines that the alien has been physVerDate Mar 15 2010 04:27 Sep 17, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2952.IH H2952

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1 ically present in the United States for less 

2 than 1 year.’’. 

3 SEC. 3. EXPEDITED REMOVAL OF CRIMINAL ALIENS. 

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

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

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

7 follows: ‘‘expedited removal of criminal aliens’’; 

8 (2) in subsection (a), by amending the sub9 section heading to read as follows: ‘‘Expedited Re10 moval From Correctional Facilities’’; 

11 (3) in subsection (b), by amending the sub12 section heading to read as follows: ‘‘Removal of 

13 Criminal Aliens’’; 

14 (4) in subsection (b), by striking paragraphs 

15 (1) and (2) and inserting the following: 

16 ‘‘(1) The Secretary of Homeland Security may, 

17 in the case of an alien described in paragraph (2), 

18 determine the deportability of such alien and issue 

19 an order of removal pursuant to the procedures set 

20 forth in this subsection or section 240. 

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

22 the alien, whether or not admitted into the United 

23 States— 


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1 ‘‘(A) was convicted of any criminal offense 

2 described in subparagraph (A)(iii), (C), or (D) 

3 of section 237(a)(2); and 

4 ‘‘(B) at the time of the commission of the 

5 offense of which that alien was convicted, that 

6 alien was— 

7 ‘‘(i) not lawfully admitted for perma8 nent residence; or 

9 ‘‘(ii) had permanent resident status 

10 on a conditional basis (as described in sec11 tion 216).’’; 

12 (5) in the first subsection (c) (relating to pre13 sumption of deportability), by striking ‘‘convicted of 

14 an aggravated felony’’ and inserting ‘‘described in 

15 paragraph (b)(2)’’; and 

16 (6) by redesignating the second subsection (c) 

17 (relating to judicial removal) as subsection (d). 

18 (b) LIMIT ON INJUNCTIVE RELIEF.—Section 

19 242(f)(2) of such Act (8 U.S.C. 1252(f)(2)) is amended 

20 by inserting ‘‘or stay, whether temporarily or otherwise,’’ 

21 after ‘‘enjoin’’. 

Æ 


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