IB
Union Calendar No. 9
104TH CONGRESS
1ST SESSION
H. R. 668
[Report No. 104–22]
To control crime by further streamlining deportation of criminal aliens.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 25, 1995
Mr. MCCOLLUM introduced the following bill; which was referred to the
Committee on the Judiciary
FEBRUARY 6, 1995
Additional sponsors: Mr. KING, Mr. BLILEY, and Mr. ENGLISH of
Pennsylvania
FEBRUARY 6, 1995
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on January 25, 1995]
A BILL
To control crime by further streamlining deportation of
criminal aliens.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Criminal Alien Deportation Improvements Act of 1995’’.
(b) TABLE OF CONTENTS.—The table of contents of this
Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Additional expansion of definition of aggravated felony.
Sec. 3. Deportation procedures for certain criminal aliens who are not permanent
residents.
Sec. 4. Restricting the defense to exclusion based on 7 years permanent residence
for certain criminal aliens.
Sec. 5. Limitation on collateral attacks on underlying deportation order.
Sec. 6. Criminal alien identification system.
Sec. 7. Establishing certain alien smuggling-related crimes as RICO-predicate of-
fenses.
Sec. 8. Wiretap authority for alien smuggling investigations.
Sec. 9. Expansion of criteria for deportation for crimes of moral turpitude.
Sec. 10. Payments to political subdivisions for costs of incarcerating illegal
aliens.
Sec. 11. Compensation for incarceration of undocumented criminal aliens.
Sec. 12. Miscellaneous provisions.
Sec. 13. Construction of expedited deportation requirements.
SEC. 2. ADDITIONAL EXPANSION OF DEFINITION OF AGGRA-
VATED FELONY.
(a) IN GENERAL.—Section 101(a)(43) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(43)), as amend-
ed by section 222 of the Immigration and Nationality Tech-
nical Corrections Act of 1994 (Public Law 103–416), is
amended—
(1) in subparagraph (J), by inserting ‘‘, or an
offense described in section 1084 (if it is a second or
subsequent offense) or 1955 of that title (relating to
gambling offenses),’’ after ‘‘corrupt organizations)’’;
(2) in subparagraph (K)—
(A) by striking ‘‘or’’ at the end of clause (i),
(B) by redesignating clause (ii) as clause
(iii), and
(C) by inserting after clause (i) the follow-
ing new clause:
‘‘(ii) is described in section 2421, 2422,
or 2423 of title 18, United States Code (re-
lating to transportation for the purpose of
prostitution) for commercial advantage; or’’;
(3) by amending subparagraph (N) to read as
follows:
‘‘(N) an offense described in paragraph
(1)(A) or (2) of section 274(a) (relating to alien
smuggling) for which the term of imprisonment
imposed (regardless of any suspension of impris-
onment) is at least 5 years;’’;
(4) by amending subparagraph (O) to read as
follows:
‘‘(O) an offense (i) which either is falsely
making, forging, counterfeiting, mutilating, or
altering a passport or instrument in violation of
section 1543 of title 18, United States Code, or
is described in section 1546(a) of such title (re-
lating to document fraud) and (ii) for which the
term of imprisonment imposed (regardless of any
suspension of such imprisonment) is at least 18
months;’’
(5) in subparagraph (P), by striking ‘‘15 years’’
and inserting ‘‘5 years’’, and by striking ‘‘and’’ at the
end;
(6) by redesignating subparagraphs (O), (P),
and (Q) as subparagraphs (P), (Q), and (U), respec-
tively;
(7) by inserting after subparagraph (N) the fol-
lowing new subparagraph:
‘‘(O) an offense described in section 275(a)
or 276 committed by an alien who was pre-
viously deported on the basis of a conviction for
an offense described in another subparagraph of
this paragraph;’’; and
(8) by inserting after subparagraph (Q), as so
redesignated, the following new subparagraphs:
‘‘(R) an offense relating to commercial brib-
ery, counterfeiting, forgery, or trafficking in ve-
hicles the identification numbers of which have
been altered for which a sentence of 5 years’ im-
prisonment or more may be imposed;
‘‘(S) an offense relating to obstruction of
justice, perjury or subornation of perjury, or
bribery of a witness, for which a sentence of 5
years’ imprisonment or more may be imposed;
‘‘(T) an offense relating to a failure to ap-
pear before a court pursuant to a court order to
answer to or dispose of a charge of a felony for
which a sentence of 2 years’ imprisonment or
more may be imposed; and’’.
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall apply to convictions entered on or after
the date of the enactment of this Act, except that the amend-
ment made by subsection (a)(3) shall take effect as if in-
cluded in the enactment of section 222 of the Immigration
and Nationality Technical Corrections Act of 1994.
SEC. 3. DEPORTATION PROCEDURES FOR CERTAIN CRIMI-
NAL ALIENS WHO ARE NOT PERMANENT RESI-
DENTS.
(a) ADMINISTRATIVE HEARINGS.—Section 242A(b) of
the Immigration and Nationality Act (8 U.S.C. 1252a(b)),
as added by section 130004(a) of the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103–322),
is amended—
(1) in paragraph (2)—
(A) by striking ‘‘and’’ at the end of sub-
paragraph (A) and inserting ‘‘or’’, and
(B) by amending subparagraph (B) to read
as follows:
‘‘(B) had permanent resident status on a
conditional basis (as described in section 216) at
the time that proceedings under this section com-
menced.’’;
(2) in paragraph (3), by striking ‘‘30 calendar
days’’ and inserting ‘‘14 calendar days’’;
(3) 
in 
paragraph 
(4)(B), 
by 
striking
‘‘proccedings’’ and inserting ‘‘proceedings’’;
(4) in paragraph (4)—
(A) by redesignating subparagraphs (D)
and (E) as subparagraphs (F) and (G), respec-
tively; and
(B) by adding after subparagraph (C) the
following new subparagraphs:
‘‘(D) such proceedings are conducted in, or
translated for the alien into, a language the
alien understands;
‘‘(E) a determination is made for the record
at such proceedings that the individual who ap-
pears to respond in such a proceeding is an alien
subject to such an expedited proceeding under
this section and is, in fact, the alien named in
the notice for such proceeding;’’.
(5) by adding at the end the following new para-
graph:
‘‘(5) No alien described in this section shall be
eligible for any relief from deportation that the Attor-
ney General may grant in the Attorney General’s dis-
cretion.’’.
(b) LIMIT ON JUDICIAL REVIEW.—Subsection (d) of
section 106 of the Immigration and Nationality Act (8
U.S.C. 1105a), as added by section 130004(b) of the Violent
Crime Control and Law Enforcement Act of 1994 (Public
Law 103–322), is amended to read as follows:
‘‘(d) Notwithstanding subsection (c), a petition for re-
view or for habeas corpus on behalf of an alien described
in section 242A(c) may only challenge whether the alien
is in fact an alien described in such section, and no court
shall have jurisdiction to review any other issue.’’.
(c) PRESUMPTION OF DEPORTABILITY.—Section 242A
of the Immigration and Nationality Act (8 U.S.C. 1252a)
is amended by inserting after subsection (b) the following
new subsection:
‘‘(c) PRESUMPTION
OF DEPORTABILITY.—An alien
convicted of an aggravated felony shall be conclusively pre-
sumed to be deportable from the United States.’’.
(d) EFFECTIVE DATE.—The amendments made by this
section shall apply to all aliens against whom deportation
proceedings are initiated after the date of the enactment of
this Act.
SEC. 4. RESTRICTING THE DEFENSE TO EXCLUSION BASED
ON 7 YEARS PERMANENT RESIDENCE FOR
CERTAIN CRIMINAL ALIENS.
The last sentence of section 212(c) of the Immigration
and Nationality Act (8 U.S.C. 1182(c)) is amended by
striking ‘‘has served for such felony or felonies’’ and all that
follows through the period and inserting ‘‘has been sen-
tenced for such felony or felonies to a term of imprisonment
of at least 5 years, if the time for appealing such conviction
or sentence has expired and the sentence has become final.’’.
SEC. 5. LIMITATION ON COLLATERAL ATTACKS ON UNDER-
LYING DEPORTATION ORDER.
(a) IN GENERAL.—Section 276 of the Immigration
and Nationality Act (8 U.S.C. 1326) is amended by adding
at the end the following new subsection:
‘‘(c) In a criminal proceeding under this section, an
alien may not challenge the validity of the deportation
order described in subsection (a)(1) or subsection (b) unless
the alien demonstrates that—
‘‘(1) the alien exhausted any administrative rem-
edies that may have been available to seek relief
against the order;
‘‘(2) the deportation proceedings at which the
order was issued improperly deprived the alien of the
opportunity for judicial review; and
‘‘(3) the entry of the order was fundamentally
unfair.’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall apply to criminal proceedings initiated
after the date of the enactment of this Act.
SEC. 6. CRIMINAL ALIEN IDENTIFICATION SYSTEM.
Section 130002(a) of the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103–312) is
amended to read as follows:
‘‘(a) OPERATION AND PURPOSE.—The Commissioner
of Immigration and Naturalization shall, under the author-
ity of section 242(a)(3)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1252(a)(3)(A)), operate a criminal alien
identification system. The criminal alien identification sys-
tem shall be used to assist Federal, State, and local law
enforcement agencies in identifying and locating aliens who
may be subject to deportation by reason of their conviction
of aggravated felonies.’’.
SEC. 7. ESTABLISHING CERTAIN ALIEN SMUGGLING-RELAT-
ED CRIMES AS RICO-PREDICATE OFFENSES.
Section 1961(1) of title 18, United States Code, is
amended—
(1) by inserting ‘‘section 1028 (relating to fraud
and related activity in connection with identification
documents) if the act indictable under section 1028
was committed for the purpose of financial gain,’’ be-
fore ‘‘section 1029’’;
(2) by inserting ‘‘section 1542 (relating to false
statement in application and use of passport) if the
act indictable under section 1542 was committed for
the purpose of financial gain, section 1543 (relating
to forgery or false use of passport) if the act indict-
able under section 1543 was committed for the pur-
pose of financial gain, section 1544 (relating to mis-
use of passport) if the act indictable under section
1544 was committed for the purpose of financial gain,
section 1546 (relating to fraud and misuse of visas,
permits, and other documents) if the act indictable
under section 1546 was committed for the purpose of
financial gain, sections 1581–1588 (relating to peon-
age and slavery),’’ after ‘‘section 1513 (relating to re-
taliating against a witness, victim, or an inform-
ant),’’;
(3) by striking ‘‘or’’ before ‘‘(E)’’; and
(4) by inserting before the period at the end the
following: ‘‘, or (F) any act which is indictable under
the Immigration and Nationality Act, section 274
(relating to bringing in and harboring certain
aliens), section 277 (relating to aiding or assisting
certain aliens to enter the United States), or section
278 (relating to importation of alien for immoral
purpose) if the act indictable under such section of
such Act was committed for the purpose of financial
gain’’.
SEC. 8. WIRETAP AUTHORITY FOR ALIEN SMUGGLING IN-
VESTIGATIONS.
Section 2516(1) of title 18, United States Code, is
amended—
(1) by striking ‘‘and’’ at the end of paragraph
(n),
(2) by redesignating paragraph (o) as paragraph
(p), and
(3) by inserting after paragraph (n) the follow-
ing new paragraph:
‘‘(o) a felony violation of section 1028 (relating
to production of false identification documents), sec-
tion 1542 (relating to false statements in passport ap-
plications), section 1546 (relating to fraud and mis-
use of visas, permits, and other documents) of this
title or a violation of section 274, 277, or 278 of the
Immigration and Nationality Act (relating to the
smuggling of aliens); or’’.
SEC. 9. EXPANSION OF CRITERIA FOR DEPORTATION FOR
CRIMES OF MORAL TURPITUDE.
(a) IN GENERAL.—Section 241(a)(2)(A)(i)(II) of the
Immigration 
and 
Nationality 
Act 
(8 
U.S.C.
1251(a)(2)(A)(i)(II)) is amended to read as follows:
‘‘(II) is convicted of a crime for
which a sentence of one year or longer
may be imposed,’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall apply to aliens against whom deportation
proceedings are initiated after the date of the enactment of
this Act.
SEC. 10. PAYMENTS TO POLITICAL SUBDIVISIONS FOR
COSTS OF INCARCERATING ILLEGAL ALIENS.
Amounts appropriated to carry out section 501 of the
Immigration Reform and Control Act of 1986 for fiscal year
1995 shall be available to carry out section 242(j) of the
Immigration and Nationality Act in that fiscal year with
respect to undocumented criminal aliens incarcerated under
the authority of political subdivisions of a State.
SEC. 11. COMPENSATION FOR INCARCERATION OF UN-
DOCUMENTED CRIMINAL ALIENS.
Section 20301(c) of the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103–322) is
amended by striking ‘‘2004’’ and inserting ‘‘1996’’.
SEC. 12. MISCELLANEOUS PROVISIONS.
(a) USE OF ELECTRONIC AND TELEPHONIC MEDIA IN
DEPORTATION HEARINGS.—The second sentence of section
242(b) of the Immigration and Nationality Act (8 U.S.C.
1252(b)) is amended by inserting before the period the fol-
lowing: ‘‘; except that nothing in this subsection shall pre-
clude the Attorney General from authorizing proceedings by
electronic or telephonic media (with the consent of the alien)
or, where waived or agreed to by the parties, in the absence
of the alien’’.
(b) CODIFICATION.—
(1) Section 242(i) of such Act (8 U.S.C. 1252(i))
is amended by adding at the end the following: ‘‘Noth-
ing in this subsection shall be construed to create any
substantive or procedural right or benefit that is le-
gally enforceable by any party against the United
States or its agencies or officers or any other per-
son.’’.
(2) Section 225 of the Immigration and Nation-
ality Technical Corrections Act of 1994 (Public Law
103–416) is amended by striking ‘‘and nothing in’’
and all that follows through ‘‘1252(i))’’.
(3) The amendments made by this subsection
shall take effect as if included in the enactment of the
Immigration and Nationality Technical Corrections
Act of 1994 (Public Law 103–416).
SEC. 13. CONSTRUCTION OF EXPEDITED DEPORTATION RE-
QUIREMENTS.
No amendment made by this title shall be construed
to create any substantive or procedural right or benefit that
is legally enforceable by any party against the United
States or its agencies or officers or any other person.