I 
111TH CONGRESS 
2D SESSION 
H. R. 6062 
To identify and remove criminal aliens incarcerated in correctional facilities 
in the United States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 30, 2010 
Mr. ROONEY introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To identify and remove criminal aliens incarcerated in correc-
tional facilities in the United States, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Criminal Alien Re-
moval Act of 2010’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) CRIMINAL
ALIEN.—Except as otherwise 
provided, the term ‘‘criminal alien’’ means an alien 
who— 
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(A) is inadmissible by reason of having 
committed any offense covered in section 
212(a)(2) of the Immigration and Nationality 
Act (8 U.S.C. 182(a)(2)); 
(B) is deportable by reason of having com-
mitted any offense covered in subparagraph 
(A)(ii), (A)(iii), (B), (C), or (D) of section 
237(a)(2) of such Act (8 U.S.C. 1227(a)(2)); 
(C) 
is 
deportable 
under 
section 
237(a)(2)(A)(i) 
of 
such 
Act 
(8 
U.S.C. 
1227(a)(2)(A)(i)) on the basis of an offense for 
which the alien has been sentenced to a term of 
imprisonment of at least 1 year; or 
(D) 
is 
inadmissible 
under 
section 
212(a)(3)(B) (8 U.S.C. 1182(a)(3)(B)) or de-
portable under section 237(a)(4)(B) (8 U.S.C. 
1227(a)(4)(B)). 
(2) CRIMINAL
ALIEN
PROGRAM.—The term 
‘‘Criminal Alien Program’’ means the Criminal Alien 
Program required by section 3. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
SEC. 3. CRIMINAL ALIEN PROGRAM. 
(a) REQUIREMENT
FOR
CRIMINAL
ALIEN
PRO-
GRAM.—The Secretary shall carry out a program known 
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as the ‘‘Criminal Alien Program’’ for the purposes de-
scribed in subsection (b). 
(b) PURPOSES.—The purposes of the Criminal Alien 
Program are to— 
(1) identify criminal aliens who are incarcerated 
in a Federal, State, or local correctional facility; 
(2) ensure that such aliens are not released into 
the community upon the alien’s release from such 
incarceration, without regard to whether the alien is 
released on parole, supervised release, or probation, 
and without regard to whether the alien may be ar-
rested or imprisoned again for the same offense; and 
(3) remove such aliens from the United States 
upon such release. 
(c) TECHNOLOGY USAGE.—To carry out the Criminal 
Alien Program in remote locations, the Secretary shall, to 
the maximum extent practicable— 
(1) employ technology, such as videoconferenc-
ing in such locations; 
(2) utilize mobile access to Federal databases of 
aliens, such as the Automated Biometric Fingerprint 
Identification System (IDENT); and 
(3) utilize electronic Livescan fingerprinting 
technology in order to make such resources available 
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to State and local law enforcement agencies in such 
locations. 
(d) PARTICIPATION BY STATES.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, a State shall not be eligible to re-
ceive funds pursuant to a program described in 
paragraph (2) unless the appropriate officials of 
such State— 
(A) cooperate with the Secretary to carry 
out the Criminal Alien Program; 
(B) expeditiously and systematically iden-
tify criminal aliens who are incarcerated in a 
prison or jail located in such State; and 
(C) promptly convey the information col-
lected under subparagraph (B) to the Secretary 
to carry out the Criminal Alien Program. 
(2) PROGRAMS.—The programs described in 
this section are any law enforcement grant program 
carried out by personnel of any element of the De-
partment of Justice, including the program de-
scribed in section 241(i) of the Immigration and Na-
tionality Act (8 U.S.C. 1231(i)). 
(3) OTHER AUTHORITIES.—To assist States in 
participating in the Criminal Alien Program, appro-
priate officials of a State— 
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(A) are authorized to hold an illegal alien 
for a period of up to 14 days after the date 
such alien completes a term of incarceration 
within the State in order to effectuate the 
transfer of such alien to Federal custody if the 
alien is removable or not lawfully present in the 
United States; and 
(B) are authorized to issue a detainer that 
would allow an alien who completes a term of 
incarceration within the State to be detained by 
the State prison until personnel from U.S. Im-
migration and Customs Enforcement is able to 
take the alien into custody. 
(e) EVALUATION OF INCARCERATED ALIEN POPU-
LATIONS.—The Secretary, acting in conjunction with the 
Attorney General and the appropriate officials of the 
States, as appropriate, shall carry out the Criminal Alien 
Program as follows: 
(1) Not later than December 31, 2012, identify 
each criminal alien who— 
(A) is incarcerated in a Federal correc-
tional facility; and 
(B) will be deportable or removable upon 
release from such incarceration. 
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(2) Not later than December 31, 2014, identify 
each criminal alien who— 
(A) is incarcerated in State or local correc-
tional facility; 
(B) is serving a term of 3 or more years; 
and 
(C) will be deportable or removable upon 
release from such incarceration. 
SEC. 4. REDESIGNATION. 
Section 642 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) 
is— 
(1) redesignated as section 296 of the Immigra-
tion and Nationality Act; and 
(2) inserted into such Act after section 295 of 
such Act. 
SEC. 5. ANNUAL REPORTS TO CONGRESS. 
The Secretary shall submit to Congress an annual re-
port on the implementation of the Criminal Alien Program 
and the other provisions of this Act, including the Sec-
retary’s progress in meeting the deadlines set out in sec-
tion 3(e). 
Æ 
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