I 
112TH CONGRESS 
1ST SESSION H. R. 3256 
To amend the Immigration and Nationality Act to clarify the law prohibiting 
the Secretary of State from issuing certain visas to nationals of countries 
that refuse or unreasonably delay repatriation, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 25, 2011 
Mr. POE of Texas (for himself, Mrs. ELLMERS, Mr. PITTS, Mr. WESTMORE-
LAND, Mr. MARCHANT, Mr. KING of Iowa, Mr. ROSS of Florida, and Mr. 
JONES) introduced the following bill; which was referred to the Com-
mittee on the Judiciary 
A BILL 
To amend the Immigration and Nationality Act to clarify 
the law prohibiting the Secretary of State from issuing 
certain visas to nationals of countries that refuse or 
unreasonably delay repatriation, and for other purposes. 
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 ‘‘Deport Convicted For-
eign Criminals Act of 2011’’. 
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SEC. 2. DISCONTINUING GRANTING CERTAIN VISAS TO NA-
TIONALS OF COUNTRY DENYING OR DELAY-
ING ACCEPTING ALIENS. 
(a) DISCONTINUING GRANTING CERTAIN VISAS TO 
NATIONALS OF COUNTRY DENYING OR DELAYING AC-
CEPTING ALIENS.—Section 241(b) of the Immigration 
and Nationality Act (8 U.S.C. 1253(b)) is amended by 
adding at the end the following: 
‘‘(4) DISCONTINUING GRANTING CERTAIN VISAS 
TO NATIONALS OF COUNTRY DENYING OR DELAYING 
ACCEPTING ALIENS.— 
‘‘(A) QUARTERLY REPORTS.— 
‘‘(i) IN GENERAL.—Not later than 90 
days after the date of the enactment of the 
Deport Convicted Foreign Criminals Act of 
2011, and every 90 days thereafter, the 
Secretary of Homeland Security shall sub-
mit a report to the Congress that— 
‘‘(I) lists each country that has, 
during the 90-day period immediately 
preceding submission of the report, 
refused or unreasonably delayed repa-
triation of an alien who is a citizen, 
subject, national, or resident of such 
country; 
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‘‘(II) includes the total number 
of aliens described under subclause (I) 
whose removal was refused or unrea-
sonably delayed, disaggregated by— 
‘‘(aa) country; 
‘‘(bb) detention status; and 
‘‘(cc) criminal status; and 
‘‘(III) lists, in a distinct section 
of the report, each country that was 
listed— 
‘‘(aa) under subclause (I) in 
this report; and 
‘‘(bb) in the report sub-
mitted 
immediately 
preceding 
this report. 
‘‘(ii) REFUSES
OR
UNREASONABLY 
DELAYS.—A country is deemed to have re-
fused or unreasonably delayed the accept-
ance of an alien who is a citizen, subject, 
national, or resident of that country if not 
later than 90 days after receiving a request 
to repatriate such alien from an official of 
the United States who is authorized to 
make such a request, the country does not 
accept the alien. 
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‘‘(iii) COMPLIANCE BY ISSUANCE OF 
TRAVEL DOCUMENTS.—A country that is 
listed pursuant to clause (i)(I) may not be 
listed pursuant to clause (i)(III) in the re-
port (in this clause referred to as the ‘later 
report’) submitted immediately subsequent 
to the report in which the country is so 
listed if the country issues appropriate 
travel documents not later than 60 days 
after the submission of the first report re-
ferred to in this clause on behalf of— 
‘‘(I) not less than 90 percent of 
the number of aliens who were in-
cluded in the later report, pursuant to 
subparagraph 
(A)(i)(II), 
for 
that 
country; or 
‘‘(II) each alien who was included 
in the later report, pursuant to sub-
paragraph (A)(i)(II), for that country, 
except for not more than 10 such 
aliens who are noncriminal aliens. 
‘‘(B) 
LIMITATION
ON
ISSUANCE
OF 
VISAS.—Beginning on the date that the second 
report has been submitted under subparagraph 
(A), the Secretary of State may not issue to a 
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citizen, subject, national, or resident of a coun-
try (other than an alien seeking refugee sta-
tus)— 
‘‘(i) beginning on the date that a 
country is listed pursuant to subparagraph 
(A)(i)(III), a nonimmigrant visa pursuant 
to subparagraph (A) or (G) of section 
101(a)(15), except that the ambassador of 
such country to the United States may be 
issued a visa pursuant to such subpara-
graph (A); 
‘‘(ii) beginning 90 days after the re-
striction in clause (i) has applied to such 
country, a nonimmigrant visa pursuant to 
subparagraph (F), (J), (M), or (O) of sec-
tion 101(a)(15); 
‘‘(iii) beginning 90 days after the re-
striction in clause (ii) has applied to such 
country, an immigrant visa as a diversity 
immigrant under section 203(c); 
‘‘(iv) beginning 90 days after the re-
striction in clause (iii) has applied to such 
country, a nonimmigrant visa pursuant to 
subparagraph (H), (L), or (P) of section 
101(a)(15); 
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‘‘(v) beginning 90 days after the re-
striction in clause (iv) has applied to such 
country, an immigrant visa as an employ-
ment-based 
immigrant 
under 
section 
203(b); 
‘‘(vi) beginning 90 days after the re-
striction in clause (v) has applied to such 
country, any nonimmigrant visa; and 
‘‘(vii) beginning 90 days after the re-
striction in clause (vi) has applied to such 
country, any immigrant visa. 
‘‘(C) PERIOD
OF
SANCTION.—Except as 
provided under subparagraph (D), if a country 
is listed pursuant to subparagraph (A)(i)(III), 
subparagraph (B) shall apply with regard to the 
issuance of a visa by the Secretary of State to 
a citizen, subject, national, or resident of such 
country until the earlier of— 
‘‘(i) a report is submitted under sub-
paragraph (A) and the country is not listed 
pursuant to clause (i)(III) of such sub-
paragraph; 
‘‘(ii) the country issues appropriate 
travel documents on behalf of and accepts 
each alien who is a citizen, subject, na-
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tional, or resident of such country and 
whose repatriation the country has refused 
or unreasonably delayed; or 
‘‘(iii) the enactment into law of a joint 
resolution in accordance with subpara-
graph (E) providing for the waiver of this 
paragraph with respect to such country. 
‘‘(D) PERIODIC ADJUSTMENT.—In the case 
of any country that is subject to a restriction 
on visa issuance under subparagraph (B) fol-
lowing submission of a report (in this subpara-
graph referred to as the ‘original report’) under 
subparagraph (A), the Secretary of State may 
reverse the restriction under subparagraph (B) 
that was most recently applied to that coun-
try— 
‘‘(i) only if, in the report submitted 
immediately subsequent to the original re-
port, the country has accepted 50 percent 
of the aliens who were included in the 
original report, pursuant to subparagraph 
(A)(ii), for that country; and 
‘‘(ii) the Secretary may not reverse a 
restriction under subparagraph (B)(i). 
‘‘(E) WAIVER.— 
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‘‘(i) REQUEST.—The President or a 
designee of the President may submit a 
written request to Congress that this sub-
section be waived, wholly or in part, with 
respect to any country. 
‘‘(ii) CONGRESSIONAL ACTION.—Each 
House of Congress shall take action on a 
joint resolution approving the waiver re-
quest not later than 20 days after receiv-
ing that request. 
‘‘(F) 
EFFECT
OF
UNAUTHORIZED 
ISSUANCE.—Any visa issued in violation of this 
paragraph shall be null and void.’’. 
(b) CONFORMING AMENDMENT.—Section 243 of the 
Immigration and Nationality Act (8 U.S.C. 1253) is 
amended by striking subsection (d). 
SEC. 3. NOTICE TO STATE AND LOCAL LAW ENFORCEMENT. 
(a) NOTICE.— 
(1) IN GENERAL.—In the case of an alien de-
scribed in paragraph (2), if that alien is released, 
the Secretary of Homeland Security shall provide 
notice as soon as practicable to the chief law en-
forcement officer of the State and of the local juris-
diction in which that alien is released. 
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