I 

112TH CONGRESS 

1ST SESSION H. R. 3256 

To amend the Immigration and Nationality Act to clarify the law prohibiting 

the Secretary of State from issuing certain visas to nationals of countries 

that refuse or unreasonably delay repatriation, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 25, 2011 

Mr. POE of Texas (for himself, Mrs. ELLMERS, Mr. PITTS, Mr. WESTMORELAND, Mr. MARCHANT, Mr. KING of Iowa, Mr. ROSS of Florida, and Mr. 

JONES) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to clarify 

the law prohibiting the Secretary of State from issuing 

certain visas to nationals of countries that refuse or 

unreasonably delay repatriation, 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 ‘‘Deport Convicted For5 eign Criminals Act of 2011’’. 


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1 SEC. 2. DISCONTINUING GRANTING CERTAIN VISAS TO NA2 TIONALS OF COUNTRY DENYING OR DELAY3 ING ACCEPTING ALIENS. 

4 (a) DISCONTINUING GRANTING CERTAIN VISAS TO

5 NATIONALS OF COUNTRY DENYING OR DELAYING AC6 CEPTING ALIENS.—Section 241(b) of the Immigration 

7 and Nationality Act (8 U.S.C. 1253(b)) is amended by 

8 adding at the end the following: 

9 ‘‘(4) DISCONTINUING GRANTING CERTAIN VISAS

10 TO NATIONALS OF COUNTRY DENYING OR DELAYING

11 ACCEPTING ALIENS.— 

12 ‘‘(A) QUARTERLY REPORTS.— 

13 ‘‘(i) IN GENERAL.—Not later than 90 

14 days after the date of the enactment of the 

15 Deport Convicted Foreign Criminals Act of 

16 2011, and every 90 days thereafter, the 

17 Secretary of Homeland Security shall sub18 mit a report to the Congress that— 

19 ‘‘(I) lists each country that has, 

20 during the 90-day period immediately 

21 preceding submission of the report, 

22 refused or unreasonably delayed repa23 triation of an alien who is a citizen, 

24 subject, national, or resident of such 

25 country; 


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1 ‘‘(II) includes the total number 

2 of aliens described under subclause (I) 

3 whose removal was refused or unrea4 sonably delayed, disaggregated by— 

5 ‘‘(aa) country; 

6 ‘‘(bb) detention status; and 

7 ‘‘(cc) criminal status; and 

8 ‘‘(III) lists, in a distinct section 

9 of the report, each country that was 

10 listed— 

11 ‘‘(aa) under subclause (I) in 

12 this report; and 

13 ‘‘(bb) in the report sub14 mitted immediately preceding 

15 this report. 

16 ‘‘(ii) REFUSES OR UNREASONABLY

17 DELAYS.—A country is deemed to have re18 fused or unreasonably delayed the accept19 ance of an alien who is a citizen, subject, 

20 national, or resident of that country if not 

21 later than 90 days after receiving a request 

22 to repatriate such alien from an official of 

23 the United States who is authorized to 

24 make such a request, the country does not 

25 accept the alien. 


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1 ‘‘(iii) COMPLIANCE BY ISSUANCE OF

2 TRAVEL DOCUMENTS.—A country that is 

3 listed pursuant to clause (i)(I) may not be 

4 listed pursuant to clause (i)(III) in the re5 port (in this clause referred to as the ‘later 

6 report’) submitted immediately subsequent 

7 to the report in which the country is so 

8 listed if the country issues appropriate 

9 travel documents not later than 60 days 

10 after the submission of the first report re11 ferred to in this clause on behalf of— 

12 ‘‘(I) not less than 90 percent of 

13 the number of aliens who were in14 cluded in the later report, pursuant to 

15 subparagraph (A)(i)(II), for that 

16 country; or 

17 ‘‘(II) each alien who was included 

18 in the later report, pursuant to sub19 paragraph (A)(i)(II), for that country, 

20 except for not more than 10 such 

21 aliens who are noncriminal aliens. 

22 ‘‘(B) LIMITATION ON ISSUANCE OF

23 VISAS.—Beginning on the date that the second 

24 report has been submitted under subparagraph 

25 (A), the Secretary of State may not issue to a 


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1 citizen, subject, national, or resident of a coun2 try (other than an alien seeking refugee sta3 tus)— 

4 ‘‘(i) beginning on the date that a 

5 country is listed pursuant to subparagraph 

6 (A)(i)(III), a nonimmigrant visa pursuant 

7 to subparagraph (A) or (G) of section 

8 101(a)(15), except that the ambassador of 

9 such country to the United States may be 

10 issued a visa pursuant to such subpara11 graph (A); 

12 ‘‘(ii) beginning 90 days after the re13 striction in clause (i) has applied to such 

14 country, a nonimmigrant visa pursuant to 

15 subparagraph (F), (J), (M), or (O) of sec16 tion 101(a)(15); 

17 ‘‘(iii) beginning 90 days after the re18 striction in clause (ii) has applied to such 

19 country, an immigrant visa as a diversity 

20 immigrant under section 203(c); 

21 ‘‘(iv) beginning 90 days after the re22 striction in clause (iii) has applied to such 

23 country, a nonimmigrant visa pursuant to 

24 subparagraph (H), (L), or (P) of section 

25 101(a)(15); 


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1 ‘‘(v) beginning 90 days after the re2 striction in clause (iv) has applied to such 

3 country, an immigrant visa as an employ4 ment-based immigrant under section 

5 203(b); 

6 ‘‘(vi) beginning 90 days after the re7 striction in clause (v) has applied to such 

8 country, any nonimmigrant visa; and 

9 ‘‘(vii) beginning 90 days after the re10 striction in clause (vi) has applied to such 

11 country, any immigrant visa. 

12 ‘‘(C) PERIOD OF SANCTION.—Except as 

13 provided under subparagraph (D), if a country 

14 is listed pursuant to subparagraph (A)(i)(III), 

15 subparagraph (B) shall apply with regard to the 

16 issuance of a visa by the Secretary of State to 

17 a citizen, subject, national, or resident of such 

18 country until the earlier of— 

19 ‘‘(i) a report is submitted under sub20 paragraph (A) and the country is not listed 

21 pursuant to clause (i)(III) of such sub22 paragraph; 

23 ‘‘(ii) the country issues appropriate 

24 travel documents on behalf of and accepts 

25 each alien who is a citizen, subject, naVerDate Mar 15 2010 03:07 Oct 26, 2011 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3256.IH H3256

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1 tional, or resident of such country and 

2 whose repatriation the country has refused 

3 or unreasonably delayed; or 

4 ‘‘(iii) the enactment into law of a joint 

5 resolution in accordance with subpara6 graph (E) providing for the waiver of this 

7 paragraph with respect to such country. 

8 ‘‘(D) PERIODIC ADJUSTMENT.—In the case 

9 of any country that is subject to a restriction 

10 on visa issuance under subparagraph (B) fol11 lowing submission of a report (in this subpara12 graph referred to as the ‘original report’) under 

13 subparagraph (A), the Secretary of State may 

14 reverse the restriction under subparagraph (B) 

15 that was most recently applied to that coun16 try— 

17 ‘‘(i) only if, in the report submitted 

18 immediately subsequent to the original re19 port, the country has accepted 50 percent 

20 of the aliens who were included in the 

21 original report, pursuant to subparagraph 

22 (A)(ii), for that country; and 

23 ‘‘(ii) the Secretary may not reverse a 

24 restriction under subparagraph (B)(i). 

25 ‘‘(E) WAIVER.— 


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1 ‘‘(i) REQUEST.—The President or a 

2 designee of the President may submit a 

3 written request to Congress that this sub4 section be waived, wholly or in part, with 

5 respect to any country. 

6 ‘‘(ii) CONGRESSIONAL ACTION.—Each 

7 House of Congress shall take action on a 

8 joint resolution approving the waiver re9 quest not later than 20 days after receiv10 ing that request. 

11 ‘‘(F) EFFECT OF UNAUTHORIZED

12 ISSUANCE.—Any visa issued in violation of this 

13 paragraph shall be null and void.’’. 

14 (b) CONFORMING AMENDMENT.—Section 243 of the 

15 Immigration and Nationality Act (8 U.S.C. 1253) is 

16 amended by striking subsection (d). 

17 SEC. 3. NOTICE TO STATE AND LOCAL LAW ENFORCEMENT. 

18 (a) NOTICE.— 

19 (1) IN GENERAL.—In the case of an alien de20 scribed in paragraph (2), if that alien is released, 

21 the Secretary of Homeland Security shall provide 

22 notice as soon as practicable to the chief law en23 forcement officer of the State and of the local juris24 diction in which that alien is released. 


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1 (2) ALIEN DESCRIBED.—An alien is described 

2 in this paragraph if the alien has been detained by 

3 the United States and has received a final order of 

4 removal under chapter 4 of the Immigration and 

5 Nationality Act (8 U.S.C. 1221 et seq.) and has not 

6 been removed. 

7 (b) INFORMATION CONTAINED IN NOTICE.—The no8 tice under subsection (a) shall include the following infor9 mation, if available, about each alien: 

10 (1) If the alien was released by reason of the 

11 refusal of a country of which the alien is a citizen, 

12 subject, national, or resident to accept that alien, an 

13 explanation by the Secretary of Homeland Security 

14 detailing— 

15 (A) how the sanctions under section 

16 241(b)(4) of the Immigration and Nationality 

17 Act (8 U.S.C. 1253(b)(4)) were applied to that 

18 country; and 

19 (B) how such sanctions may be enhanced 

20 in order to secure the cooperation of that coun21 try in accepting that alien. 

22 (2) Name. 

23 (3) Location where the alien is released. 

24 (4) Date of release. 

25 (5) Country of nationality. 


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1 (6) Detention status. 

2 (7) Criminal history, including probation and 

3 parole information. 

4 SEC. 4. INSPECTOR GENERAL REPORT. 

5 On date that is 1 day after the date that the Presi6 dent submits a budget under section 1105(a) of title 31, 

7 United States Code, for fiscal year 2014, the Inspector 

8 General of the Department of Homeland Security shall 

9 submit a report to Congress regarding whether or not the 

10 Secretary of Homeland Security is faithfully executing this 

11 Act and the amendments made by this Act, and is making 

12 requests to repatriate aliens as appropriate. 

Æ 


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