I

103D CONGRESS

1ST SESSION H. R. 2306

To provide for Federal incarceration of undocumented criminal aliens and

to provide for the transfer of closed military bases to the Justice Department for use as prison facilities for the incarceration of criminal aliens.

IN THE HOUSE OF REPRESENTATIVES

MAY 27, 1993

Mr. CONDIT introduced the following bill; which was referred jointly to the

Committees on the Judiciary and Armed Services

A BILL

To provide for Federal incarceration of undocumented criminal aliens and to provide for the transfer of closed military bases to the Justice Department for use as prison

facilities for the incarceration 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. FEDERAL INCARCERATION OF UNDOCU4 MENTED CRIMINAL ALIENS.

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

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

7 amended by adding at the end the following:
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1 ‘‘(j)(1) The Attorney General shall take into the cus2 tody of the Federal Government, and shall incarcerate for

3 a determinate sentence of imprisonment, an undocu4 mented criminal alien if—

5 ‘‘(A) the chief State or county official exercising

6 authority with respect to the incarceration of the un7 documented criminal alien submits a written request

8 to the Attorney General; and

9 ‘‘(B) the undocumented criminal alien is sen10 tenced to a determinate term of imprisonment.

11 ‘‘(2) For purposes of this subsection, the term ‘un12 documented criminal alien’ means an alien who—

13 ‘‘(A) has been convicted of a felony and sen14 tenced to a term of imprisonment, and

15 ‘‘(B)(i) entered the United States without in16 spection or at any time or place other than as des17 ignated by the Attorney General, or

18 ‘‘(ii) was the subject of exclusion or deportation

19 proceedings at the time he or she was taken into

20 custody by the State or county.

21 ‘‘(3) The Attorney General shall ensure that undocu22 mented criminal aliens incarcerated in Federal facilities

23 pursuant to this subsection are held in facilities which pro24 vide a level of security appropriate to the crimes for which

25 they were convicted.’’.
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1 SEC. 2. TRANSFER OF CLOSED MILITARY BASES FOR FED2 ERAL CRIMINAL ALIEN INCARCERATION

3 FACILITIES.

4 (a) PRIORITY AVAILABILITY TO DEPARTMENT OF

5 JUSTICE.—Notwithstanding any other provision of law, a

6 military installation to be closed under a base closure law

7 shall be made available, as determined by the Attorney

8 General, to the Department of Justice for use as a facility

9 for the incarceration of undocumented aliens convicted of

10 Federal offenses and undocumented criminal aliens under

11 section 242(j) of the Immigration and Nationality Act).

12 (b) DEFINITION.—For purposes of this section, the

13 term ‘‘base closure law’’ means each of the following:

14 (A) The Defense Base Closure and Realignment

15 Act of 1990 (part A of title XXIX of Public Law

16 101–510; 10 U.S.C. 2687 note).

17 (B) Title II of the Defense Authorization

18 Amendments and Base Closure and Realignment

19 Act (Public Law 100–526; 10 U.S.C. 2687 note).

20 (C) Section 2687 of title 10, United States

21 Code.

22 (D) Any other similar law enacted after the

23 date of the enactment of this Act.

Æ