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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2438 Introduced in House (IH)]

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Criminal Aliens Incarceration Act of 
1993''.

SEC. 2. DEPORTATION PRIOR TO COMPLETION OF SENTENCE OF IMPRISONMENT.

    Section 242(h) of the Immigration and Nationality Act (8 U.S.C. 
1252(h)) is amended to read as follows:
    ``(h)(1) Except as provided in paragraph (2), an alien sentenced to 
imprisonment may not be deported until such imprisonment has been 
terminated by the release of the alien from confinement. Parole, 
supervised release, probation, or possibility of rearrest or further 
confinement in respect of the same offense shall not be a ground for 
deferral of deportation.
    ``(2) The Attorney General may deport an alien prior to the 
completion of a sentence of imprisonment--
            ``(A) in the case of an alien in the custody of the 
        Attorney General, if the Attorney General determines that the 
        alien has been adequately punished and that such deportation of 
        the alien is appropriate; or
            ``(B) in the case of an alien in the custody of a State, if 
        the chief State official exercising authority with respect to 
        the incarceration of the alien determines (i) that the alien 
        has been adequately punished and that such deportation is 
        appropriate, and (ii) submits a written request to the Attorney 
        General that such alien be so deported.''.

SEC. 3. JUDICIAL ORDER OF DEPORTATION FOR CERTAIN ALIENS AT TIME OF 
              CONVICTION.

    (a) In General.--Subchapter A of chapter 227 of title 18, United 
States Code, is amended by adding at the end the following:
``Sec. 3560. Order of deportation for certain aliens
    ``The court, upon sentencing an individual who is an alien for an 
aggravated felony (as defined in section 101(a)(43) of the Immigration 
and Nationality Act), shall include in a sentencing order a declaration 
that the individual is deportable. Any presentence report required 
under the Rules of Criminal Procedure with respect to the sentencing of 
any individual for such a felony shall include whether or not such 
individual is an alien.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
subchapter A of chapter 227 of title 18, United States Code, is amended 
by adding at the end the following new item:

``3560. Order of deportation for certain aliens.''.
    (c) Deportation Procedures.--Section 242A of the Immigration and 
Nationality Act (18 U.S.C. 1252a) is amended by adding at the end the 
following:
    ``(f) Deportation Pursuant to a Judicial Order.--An alien subject 
to a judicial order of deportation under section 3560 of title 18, 
United States Code, shall be deported consistent with section 
242(h).''.

SEC. 4. FEDERAL INCARCERATION OF UNDOCUMENTED CRIMINAL ALIENS.

    (a) Federal Incarceration.--Section 242 of the Immigration and 
Nationality Act (8 U.S.C. 1252) is amended by adding at the end the 
following:
    ``(j)(1) The Attorney General shall take into the custody of the 
Federal Government, and shall incarcerate for a determinate sentence of 
imprisonment, an undocumented criminal alien if--
            ``(A) the chief State official exercising authority with 
        respect to the incarceration of the undocumented criminal alien 
        submits a written request to the Attorney General; and
            ``(B) the undocumented criminal alien is sentenced to a 
        determinate term of imprisonment.
    ``(2) Undocumented criminal aliens taken into the custody of the 
Attorney General under paragraph (1) may be deported under subsection 
(h)(2)(A).
    ``(3) For purposes of this subsection, the term `undocumented 
criminal alien' means an alien who--
            ``(A) has been convicted of a felony and sentenced to a 
        term of imprisonment, and
            ``(B)(i) entered the United States without inspection or at 
        any time or place other than as designated by the Attorney 
        General, or
            ``(ii) was the subject of exclusion or deportation 
        proceedings at the time he or she was taken into custody by the 
        State.''.

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