I 
111TH CONGRESS 
1ST SESSION H. R. 3628 
To create a cause of action and allow standing in Federal courts against 
a country that denies or unreasonably delays the repatriation of a na-
tional ordered removed from the United States to such country who 
later commits a crime of violence in the United States, to withhold 
foreign assistance from each country that denies or unreasonably delays 
the repatriation of nationals of such country who have been ordered 
removed from the United States, to prohibit the issuance of visas to 
nationals of such country, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 22, 2009 
Mr. POE of Texas introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Committee on For-
eign Affairs, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To create a cause of action and allow standing in Federal 
courts against a country that denies or unreasonably 
delays the repatriation of a national ordered removed 
from the United States to such country who later com-
mits a crime of violence in the United States, to withhold 
foreign assistance from each country that denies or un-
reasonably delays the repatriation of nationals of such 
country who have been ordered removed from the United 
States, to prohibit the issuance of visas to nationals 
of such country, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. FAILURE TO REPATRIATE EXCEPTION TO IM-
MUNITY. 
(a) STANDING IN FEDERAL COURTS.— 
(1) IN
GENERAL.—Chapter 97 of title 28, 
United States Code, is amended by inserting after 
section 1605A the following: 
‘‘§ 1605B. Failure to repatriate exception to the juris-
dictional immunity of a foreign state 
‘‘(a) NO IMMUNITY.—A foreign state shall not be im-
mune from the jurisdiction of courts of the United States 
in any case not otherwise covered by this chapter— 
‘‘(1) which is brought against a foreign state 
that denies or unreasonably delays the repatriation 
of an alien who— 
‘‘(A) is a citizen, subject, national, or resi-
dent of such country; 
‘‘(B) has received a final order of removal 
under chapter 4 of title II of the Immigration 
and Nationality Act (8 U.S.C. 1221 et seq.); 
and 
‘‘(C) commits and is convicted of a crime 
of violence in the United States after the 
issuance of such final order; and 
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‘‘(2) in which money damages for personal in-
jury or death caused by the crime of violence re-
ferred to in paragraph (1)(C) are sought by the vic-
tim of such crime, by the legal representative of such 
victim, or by the United States on behalf of such vic-
tim. 
‘‘(b) PRIVATE RIGHT OF ACTION.—A foreign state 
that denies or unreasonably delays the repatriation of an 
alien described under subsection (a)(1), and any official, 
employee, or agent of that foreign state, who is responsible 
for such denial or delay, while acting within the scope of 
his or her office, employment, or agency, shall be liable 
to the victim of the crime of violence described under sub-
section (a)(1)(C), to the legal representative of such vic-
tim, or to the United States on behalf of such victim, for 
money damages for personal injury or death caused by 
such crime, committed by such alien, for which the courts 
of the United States may maintain jurisdiction under this 
section. 
‘‘(c) MONEY DAMAGES.—If the United States pro-
ceeds with an action under this subsection and the court 
awards money damages, such money damages shall be 
awarded to the victim of the crime of violence described 
under subsection (a)(1)(C). 
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‘‘(d) ATTORNEY FEES.—In the case of any prevailing 
plaintiff, other than the United States, under subsection 
(b), the court may award to the prevailing plaintiff the 
costs of the action and reasonable attorney fees. 
‘‘(e) LIMITATIONS.—An action may be brought or 
maintained under this section if the action is com-
menced— 
‘‘(1) not later than 5 years after the date on 
which the crime of violence that is the basis for the 
action was committed if the crime of violence is not 
punishable by death; and 
‘‘(2) at any time without limitation if the crime 
of violence that is the basis for the action is punish-
able by death. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) CRIME OF VIOLENCE.—The term ‘crime of 
violence’ means— 
‘‘(A) murder, rape, or the sexual abuse of 
a minor; 
‘‘(B) an offense that has as an element the 
use, attempted use, or threatened use of phys-
ical force against another person; or 
‘‘(C) any other offense that is a felony and 
that, by its nature, involves a substantial risk 
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that physical force against another person may 
be used in the course of committing the offense. 
‘‘(2) DENIES OR UNREASONABLY DELAYS.— 
‘‘(A) IN
GENERAL.—Except as provided 
under subparagraph (B), a country ‘denies or 
unreasonably delays’ the acceptance of an alien 
who is a citizen, subject, national, or resident of 
the country if the country does not accept the 
alien within the removal period. 
‘‘(B) ALIEN
THAT
MAY
NOT
BE
RE-
MOVED.—For purposes of subparagraph (A), a 
country does not deny or unreasonably delay 
the acceptance of an alien who is a citizen, sub-
ject, national, or resident of the country if such 
alien may not be removed pursuant to section 
241 of the Immigration and Nationality Act (8 
U.S.C. 1231). 
‘‘(3) REMOVAL
PERIOD.—The term ‘removal 
period’ has the meaning given such term in section 
241(a)(1) of the Immigration and Nationality Act (8 
U.S.C. 1231(a)(1)).’’. 
(2) AMENDMENT TO CHAPTER ANALYSIS.—The 
table of sections at the beginning of chapter 97 of 
title 28, United States Code, is amended by insert-
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ing after the item relating to section 1605A the fol-
lowing: 
‘‘1605B. Failure to repatriate exception to jurisdictional immunity of a foreign 
state.’’. 
(b) CONFORMING AMENDMENT.—Section 1607(a) of 
title 28, United States Code, is amended by striking ‘‘or 
1605A’’ and inserting‘‘, 1605A, or 1605B’’. 
SEC. 2. PROHIBITION ON FOREIGN ASSISTANCE TO A 
COUNTRY THAT DENIES OR UNREASONABLY 
DELAYS THE REPATRIATION OF A NATIONAL 
WHO HAS BEEN ORDERED REMOVED FROM 
THE UNITED STATES. 
Chapter 1 of part I of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2151 et seq.) is amended by adding 
at the end the following: 
‘‘SEC. 137. PROHIBITION ON ASSISTANCE TO A COUNTRY 
THAT DENIES OR UNREASONABLY DELAYS 
THE REPATRIATION OF A NATIONAL WHO 
HAS BEEN ORDERED REMOVED FROM THE 
UNITED STATES. 
‘‘(a) IN GENERAL.—Except as otherwise provided 
under this section, no assistance may be provided under 
this Act to a foreign country that denies or unreasonably 
delays the acceptance of an alien who— 
‘‘(1) is physically present in the United States; 
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‘‘(2) is a citizen, subject, national, or resident 
of such country; and 
‘‘(3) has received a final order of removal under 
chapter 4 of title II of the Immigration and Nation-
ality Act (8 U.S.C. 1221 et seq.). 
‘‘(b) QUARTERLY REPORTS.—Except as otherwise 
provided under this section, not later than 90 days after 
the date of enactment of this section, and every 3 months 
thereafter, the Secretary of Homeland Security shall sub-
mit a report to the Congress that— 
‘‘(1) lists all the countries that deny or unrea-
sonably delay the acceptance of an alien described 
under subsection (a); and 
‘‘(2) includes the total number of aliens de-
scribed under subsection (a), organized by— 
‘‘(A) name; 
‘‘(B) country; 
‘‘(C) detention status; and 
‘‘(D) criminal status. 
‘‘(c) COMPLIANCE WITH REPATRIATION.—If the Sec-
retary of Homeland Security determines that a country 
listed in the quarterly report under subsection (b) has ac-
cepted each alien listed with respect to that country under 
subsection (b)(2), the country shall be removed from the 
list in the next quarterly report submitted under sub-
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section (b) and shall not be subject to the sanctions de-
scribed under subsection (a) or under section 241(b)(4) 
of the Immigration and Nationality Act (8 U.S.C. 
1231(b)(4)), unless subsection (b) of this section applies 
to such country with respect to another alien. 
‘‘(d) EMERGENCY
AND
HUMANITARIAN
EXCEP-
TIONS.—The prohibition under subsection (a) shall not 
apply if the President determines and certifies to the Con-
gress that there is an emergency circumstance or a hu-
manitarian reason to provide assistance otherwise subject 
to the prohibition. The authority of the President to make 
determinations under this subsection may not be dele-
gated. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) DENIES OR UNREASONABLY DELAYS.— 
‘‘(A) IN
GENERAL.—Except as provided 
under subparagraph (B), a country ‘denies or 
unreasonably delays’ the acceptance of an alien 
who is a citizen, subject, national, or resident of 
the country if the country does not accept the 
alien within the removal period. 
‘‘(B) ALIEN
THAT
MAY
NOT
BE
RE-
MOVED.—For purposes of subparagraph (A), a 
country does not deny or unreasonably delay 
the acceptance of an alien who is a citizen, sub-
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