I

103D CONGRESS

1ST SESSION H. R. 2438

To amend the Immigration and Nationality Act to provide for confinement

in a Federal facility of illegal aliens sentenced to imprisonment under

State law and to authorize the Attorney General to deport aliens sentenced to imprisonment before the completion of the sentence.

IN THE HOUSE OF REPRESENTATIVES

JUNE 16, 1993

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

Committee on the Judiciary

A BILL

To amend the Immigration and Nationality Act to provide

for confinement in a Federal facility of illegal aliens

sentenced to imprisonment under State law and to authorize the Attorney General to deport aliens sentenced

to imprisonment before the completion of the sentence.

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 Aliens Incar5 ceration Act of 1993’’.
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1 SEC. 2. DEPORTATION PRIOR TO COMPLETION OF SEN2 TENCE OF IMPRISONMENT.

3 Section 242(h) of the Immigration and Nationality

4 Act (8 U.S.C. 1252(h)) is amended to read as follows:

5 ‘‘(h)(1) Except as provided in paragraph (2), an alien

6 sentenced to imprisonment may not be deported until such

7 imprisonment has been terminated by the release of the

8 alien from confinement. Parole, supervised release, proba9 tion, or possibility of rearrest or further confinement in

10 respect of the same offense shall not be a ground for defer11 ral of deportation.

12 ‘‘(2) The Attorney General may deport an alien prior

13 to the completion of a sentence of imprisonment—

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

15 the Attorney General, if the Attorney General deter16 mines that the alien has been adequately punished

17 and that such deportation of the alien is appro18 priate; or

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

20 a State, if the chief State official exercising author21 ity with respect to the incarceration of the alien de22 termines (i) that the alien has been adequately pun23 ished and that such deportation is appropriate, and

24 (ii) submits a written request to the Attorney Gen25 eral that such alien be so deported.’’.
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1 SEC. 3. JUDICIAL ORDER OF DEPORTATION FOR CERTAIN

2 ALIENS AT TIME OF CONVICTION.

3 (a) IN GENERAL.—Subchapter A of chapter 227 of

4 title 18, United States Code, is amended by adding at the

5 end the following:

6 ‘‘§ 3560. Order of deportation for certain aliens

7 ‘‘The court, upon sentencing an individual who is an

8 alien for an aggravated felony (as defined in section

9 101(a)(43) of the Immigration and Nationality Act), shall

10 include in a sentencing order a declaration that the indi11 vidual is deportable. Any presentence report required

12 under the Rules of Criminal Procedure with respect to the

13 sentencing of any individual for such a felony shall include

14 whether or not such individual is an alien.’’.

15 (b) CLERICAL AMENDMENT.—The table of sections

16 at the beginning of subchapter A of chapter 227 of title

17 18, United States Code, is amended by adding at the end

18 the following new item:

‘‘3560. Order of deportation for certain aliens.’’.

19 (c) DEPORTATION PROCEDURES.—Section 242A of

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

21 is amended by adding at the end the following:

22 ‘‘(f) DEPORTATION PURSUANT TO A JUDICIAL

23 ORDER.—An alien subject to a judicial order of deporta24 tion under section 3560 of title 18, United States Code,

25 shall be deported consistent with section 242(h).’’.
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1 SEC. 4. FEDERAL INCARCERATION OF UNDOCUMENTED

2 CRIMINAL ALIENS.

3 (a) FEDERAL INCARCERATION.—Section 242 of the

4 Immigration and Nationality Act (8 U.S.C. 1252) is

5 amended by adding at the end the following:

6 ‘‘(j)(1) The Attorney General shall take into the cus7 tody of the Federal Government, and shall incarcerate for

8 a determinate sentence of imprisonment, an undocu9 mented criminal alien if—

10 ‘‘(A) the chief State official exercising authority

11 with respect to the incarceration of the undocu12 mented criminal alien submits a written request to

13 the Attorney General; and

14 ‘‘(B) the undocumented criminal alien is sen15 tenced to a determinate term of imprisonment.

16 ‘‘(2) Undocumented criminal aliens taken into the

17 custody of the Attorney General under paragraph (1) may

18 be deported under subsection (h)(2)(A).

19 ‘‘(3) For purposes of this subsection, the term ‘un20 documented criminal alien’ means an alien who—

21 ‘‘(A) has been convicted of a felony and sen22 tenced to a term of imprisonment, and

23 ‘‘(B)(i) entered the United States without in24 spection or at any time or place other than as des25 ignated by the Attorney General, or
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1 ‘‘(ii) was the subject of exclusion or deportation

2 proceedings at the time he or she was taken into

3 custody by the State.’’.

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