‘‘(i) subsections (h) or (i) of section
842, title 18, United States Code, or sub-
section (d), (e), (f), (g), (h), or (i) of sec-
tion 844 of title 18, United States Code
(relating to explosive materials offenses),
‘‘(ii) paragraph (1), (2), (3), (4), or
(5) of section 922(g), or section 922(j),
section 922(n), section 922(o), section
922(p), section 922(r), section 924(b), or
section 924(h) of title 18, United States
Code (relating to firearms offenses), or
‘‘(iii) section 5861 of title 26, United
States Code (relating to firearms offenses);
‘‘(F) any crime of violence (as defined in
section 16 of title 18, United States Code, not
including a purely political offense) for which
the term of imprisonment imposed (regardless
of any suspension of such imprisonment) is at
least 5 years;
‘‘(G) any theft offense (including receipt of
stolen property) or any burglary offense, where
a sentence of 5 years imprisonment or more
may be imposed;
‘‘(H) any offense described in section 875,
section 876, section 877, or section 1202 of
title 18, United States Code (relating to the de-
mand for or receipt of ransom);
‘‘(I) any offense described in section 2251,
section 2251A or section 2252 of title 18, Unit-
ed States Code (relating to child pornography);
‘‘(J) any offense described in—
‘‘(i) section 1962 of title 18, United
States Code (relating to racketeer influ-
enced corrupt organizations), or
‘‘(ii) section 1084 (if it is a second or
subsequent offense) or section 1955 of
such title (relating to gambling offenses),
where a sentence of 5 years imprisonment or
more may be imposed;
‘‘(K) any offense relating to commercial
bribery, counterfeiting, forgery or trafficking in
vehicles whose identification numbers have been
altered, where a sentence of 5 years imprison-
ment or more may be imposed;
‘‘(L) any offense—
‘‘(i) relating to the owning, control-
ling, managing or supervising of a pros-
titution business,
‘‘(ii) described in section 2421, section
2422, or section 2423 of title 18, United
States Code (relating to transportation for
the purpose of prostitution) for commercial
advantage, or
‘‘(iii) described in sections 1581
through 1585, or section 1588, of title 18,
United States Code (relating to peonage,
slavery, and involuntary servitude);
‘‘(M) any offense relating to perjury or
subornation of perjury where a sentence of 5
years imprisonment or more may be imposed;
‘‘(N) any offense described in—
‘‘(i) section 793 (relating to gathering
or transmitting national defense informa-
tion), section 798 (relating to disclosure of
classified information), section 2153 (relat-
ing to sabotage) or section 2381 or section
2382 (relating to treason) of title 18, Unit-
ed States Code, or
‘‘(ii) section 421 of title 50, United
States Code (relating to protecting the
identity of undercover intelligence agents);
‘‘(O) any offense—
‘‘(i) involving fraud or deceit where
the loss to the victim or victims exceeded
$200,000; or
‘‘(ii) described in section 7201 of title
26, United States Code (relating to tax
evasion), where the tax loss to the Govern-
ment exceeds $200,000;
‘‘(P) any offense described in section
274(a)(1) of title 18, United States Code (relat-
ing to alien smuggling) for the purpose of com-
mercial advantage;
‘‘(Q) any violation of section 1546(a) of
title 18, United States Code (relating to docu-
ment fraud), for the purpose of commercial ad-
vantage; or
‘‘(R) any offense relating to failing to ap-
pear before a court pursuant to a court order
to answer to or dispose of a charge of a felony,
where a sentence of 2 years or more may be im-
posed;
or any attempt or conspiracy to commit any such
act. Such term applies to offenses described in this
paragraph whether in violation of Federal or State
law and applies to such offenses in violation of the
laws of a foreign country for which the term of im-
prisonment was completed within the previous 15
years.’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall apply to all convictions entered before,
on, or after the date of enactment of this Act.
SEC. 3. DEPORTATION PROCEDURES FOR CERTAIN CRIMI-
NAL ALIENS WHO ARE NOT PERMANENT
RESIDENTS.
(a) ELIMINATION OF ADMINISTRATIVE HEARING FOR
CERTAIN CRIMINAL ALIENS.—Section 242A of the Immi-
gration and Nationality Act (8 U.S.C. 1252a) is amended
by adding at the end the following:
‘‘(c) DEPORTATION OF ALIENS WHO ARE NOT PER-
MANENT RESIDENTS.—
‘‘(1) Notwithstanding section 242, and subject
to paragraph (5), the Attorney General may issue a
final order of deportation against any alien described
in paragraph (2) whom the Attorney General deter-
mines 
to 
be 
deportable 
under 
section
241(a)(2)(A)(iii) (relating to conviction of an aggra-
vated felony).
‘‘(2) An alien is described in this paragraph if
the alien—
‘‘(A) was not lawfully admitted for perma-
nent residence at the time that proceedings
under this section commenced, or
‘‘(B) had permanent resident status on a
conditional basis (as described in section 216)
at the time that proceedings under this section
commenced.
‘‘(3) The Attorney General may delegate the
authority in this section to the Commissioner or to
any District Director of the Service.
‘‘(4) No alien described in this section shall be
eligible for—
‘‘(A) any relief from deportation that the
Attorney General may grant in his discretion,
or
‘‘(B) relief under section 243(h).
‘‘(5) The Attorney General may not execute any
order described in paragraph (1) until 14 calendar
days have passed from the date that such order was
issued, in order that the alien has an opportunity to
apply for judicial review under section 106.’’.
(b) LIMITED JUDICIAL REVIEW.—Section 106 of the
Immigration and Nationality Act (8 U.S.C. 1105a) is
amended—
(1) in the first sentence of subsection (a), by in-
serting ‘‘or pursuant to section 242A’’ after ‘‘under
section 242(b)’’;
(3) By striking out subsection (c);
(4) In subsection (d)—
(A) by striking ‘‘(d) EXPEDITED PRO-
CEEDINGS.—(1)’’ and inserting ‘‘(3) EXPE-
DITED PROCEEDINGS.—(A)’’;
(B) by inserting ‘‘permanent resident’’
after ‘‘in the case of any’’; and
(C) by striking ‘‘(2)’’ and inserting ‘‘(B)’’;
(5) In subsection (e)—
(A) by striking ‘‘(e) REVIEW.—(1)’’ and
inserting ‘‘(4) REVIEW.—(A)’’;
(B) by striking the second sentence; and
(C) by striking ‘‘(2)’’ and inserting ‘‘(B)’’.
(6) By inserting after the section heading the
following new subsection:
‘‘(a) PRESUMPTION OF DEPORTABILITY.—An alien
convicted of an aggravated felony shall be conclusively pre-
sumed to be deportable from the United States.’’.
(7) The heading of such section is amended to
read as follows:
‘‘EXPEDITED DEPORTATION OF ALIENS CONVICTED OF
COMMITTING AGGRAVATED FELONIES’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall apply to all aliens against whom deporta-
tion proceedings are initiated after the date of enactment
of this Act.
SEC. 4. JUDICIAL DEPORTATION.
(a) JUDICIAL DEPORTATION.—Section 242A of the
Immigration and Nationality Act (8 U.S.C. 1252a) is
amended by inserting at the end the following new sub-
section:
‘‘(d) JUDICIAL DEPORTATION.—
‘‘(1) AUTHORITY.—Notwithstanding any other
provision of this Act, a United States district court
shall have jurisdiction to enter a judicial order of de-
portation at the time of sentencing against an alien
whose criminal conviction causes such alien to be de-
portable under section 241(a)(2)(A)(iii) (relating to
conviction of an aggravated felony), if such an order
has been requested prior to sentencing by the United
States Attorney with the concurrence of the Com-
missioner.
‘‘(2) PROCEDURE.—
‘‘(A) The United States Attorney shall pro-
vide notice of intent to request judicial deporta-
tion promptly after the entry in the record of
an adjudication of guilt or guilty plea. Such no-
tice shall be provided to the court, to the alien,
and to the alien’s counsel of record.
‘‘(B) Notwithstanding section 242B, the
United States Attorney, with the concurrence of
the Commissioner, shall file at least 20 days
prior to the date set for sentencing a charge
containing factual allegations regarding the
alienage of the defendant and satisfaction by
the defendant of the definition of aggravated
felony.
‘‘(C) If the court determines that the de-
fendant has presented substantial evidence to
establish prima facie eligibility for relief from
deportation under section 212(c), the Commis-
sioner shall provide the court with a rec-
ommendation and report regarding the alien’s
eligibility for relief under such section. The
court shall either grant or deny the relief
sought.
‘‘(D)(i) The alien shall have a reasonable
opportunity to examine the evidence against
him or her, to present evidence on his or her
own behalf, and to cross-examine witnesses pre-
sented by the Government.
‘‘(ii) The court, for the purposes of deter-
mining whether to enter an order described in
paragraph (1), shall only consider evidence that
would be admissible in proceedings conducted
pursuant to section 242(b).
‘‘(iii) Nothing in this subsection shall limit
the information a court of the United States
may receive or consider for the purposes of im-
posing an appropriate sentence.
‘‘(iv) The court may order the alien de-
ported if the Attorney General demonstrates by
clear and convincing evidence that the alien is
deportable under this Act.
‘‘(3) NOTICE, APPEAL, AND EXECUTION OF JU-
DICIAL ORDER OF DEPORTATION.—
‘‘(A)(i) A judicial order of deportation or
denial of such order may be appealed by either
party to the court of appeals for the circuit in
which the district court is located.
‘‘(ii) Except as provided in clause (iii),
such appeal shall be considered consistent with
the requirements described in section 106.
‘‘(iii) Upon execution by the defendant of
a valid waiver of the right to appeal the convic-
tion on which the order of deportation is based,
the expiration of the period described in section
106(a)(1), or the final dismissal of an appeal
from such conviction, the order of deportation
shall become final and shall be executed at the
end of the prison term in accordance with the
terms of the order.
‘‘(B) As soon as is practicable after entry
of a judicial order of deportation, the Commis-
sioner shall provide the defendant with written
notice of the order or deportation, which shall
designate the defendant’s country of choice for
deportation and any alternate country pursuant
to section 243(a).
‘‘(4) DENIAL OF JUDICIAL ORDER.—Denial of a
request for a judicial order of deportation shall not
preclude the Attorney General from initiating depor-
tation proceedings pursuant to section 242 upon the
same ground of deportability or upon any other
ground of deportability provided under section
241(a).’’.
(b) TECHNICAL AND CONFORMING CHANGES.—The
ninth sentence of section 242(b) of the Immigration and
Nationality Act (8 U.S.C. 1252(b)) is amended by striking
out ‘‘The’’ and inserting in lieu thereof, ‘‘Except as pro-
vided in section 242A(d), the’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to all aliens whose adjudication of
guilt or guilty plea is entered in the record after the date
of enactment of this Act.
SEC. 5. RESTRICTING DEFENSES TO DEPORTATION FOR
CERTAIN CRIMINAL ALIENS.
(a) DEFENSES BASED ON SEVEN YEARS OF PERMA-
NENT RESIDENCE.—The last sentence of section 212(c)
of the Immigration and Nationality Act (8 U.S.C.
1182(c)) is amended by striking out ‘‘has served for such
felony or felonies’’ and all that follows through the period
and inserting in lieu thereof ‘‘has been sentenced for such
felony or felonies to a term of imprisonment of at least
5 years, provided that the time for appealing such convic-
tion or sentence has expired and the sentence has become
final.’’.
(b) DEFENSES BASED ON WITHHOLDING OF DEPOR-
TATION.—Section 243(h)(2) of the Immigration and Na-
tionality Act (8 U.S.C. 1253(h)(2)) is amended by—
(1) striking out the final sentence and inserting
in lieu thereof the following new subparagraph:
‘‘(E) the alien has been convicted of an ag-
gravated felony.’’; and
(2) striking out the ‘‘or’’ at the end of subpara-
graph (C) and inserting ‘‘or’’ at the end of subpara-
graph (D).
lates to deportation during a criminal trial under either
Federal or State law.’’.
(c) COLLATERAL ATTACKS ON UNDERLYING DEPOR-
TATION ORDER.—Section 276 of the Immigration and Na-
tionality Act (8 U.S.C. 1326) is amended by inserting
after subsection (b) the following new subsection:
‘‘(c) In any criminal proceeding under this section,
no alien may challenge the validity of the deportation
order described in subsection (a)(1) or subsection (b) un-
less the alien demonstrates—
‘‘(1) that the alien exhausted the administrative
remedies (if any) that may have been available to
seek relief against such order,
‘‘(2) that the deportation proceedings at which
such order was issued improperly deprived the alien
of the opportunity for judicial review, and
‘‘(3) that the entry of such order was fun-
damentally unfair.’’.
SEC. 7. EXPANDED FORFEITURE FOR SMUGGLING OR HAR-
BORING ILLEGAL ALIENS.
Subsection 274(b) of the Immigration and National-
ity Act (8 U.S.C. 1324(b)) is amended—
(1) by amending paragraph (1) to read as fol-
lows:
‘‘(b) SEIZURE AND FORFEITURE.—(1) Any property,
real or personal, which facilitates or is intended to facili-
tate, or which has been used in or is intended to be used
in the commission of a violation of subsection (a) or of
sections 274A(a)(1) or 274A(a)(2), or which constitutes
or is derived from or traceable to the proceeds obtained
directly or indirectly from a commission of a violation of
subsection (a), shall be subject to seizure and forfeiture,
except that—
‘‘(A) no property, used by any person as a com-
mon carrier in the transaction of business as a com-
mon carrier shall be forfeited under the provisions of
this section unless it shall appear that the owner or
other person in charge of such property was a con-
senting party or privy to the illegal act;
‘‘(B) no property shall be forfeited under the
provisions of this section by reason of any act or
omission established by the owner thereof to have
been committed or omitted by any person other than
such owner while such property was unlawfully in
the possession of a person other than the owner in
violation of the criminal laws of the United States
or of any State; and
‘‘(C) no property shall be forfeited under this
paragraph to the extent of an interest of any owner,
by reason of any act or omission established by that
owner to have been committed or omitted without
the knowledge or consent of the owner, unless such
action or omission was committed by an employee or
agent of the owner, and facilitated or was intended
to facilitate, or was used in or intended to be used
in, the commission of a violation of subsection (a) or
of section 274A(a)(1) or 274A(a)(2) which was com-
mitted by the owner or which intended to further the
business interests of the owner, or to confer any
other benefit upon the owner.’’.
(2) in paragraph (2)—
(A) by striking ‘‘conveyance’’ both places it
appears and inserting in lieu thereof ‘‘prop-
erty’’; and
(B) by striking ‘‘is being used in’’ and in-
serting in lieu thereof ‘‘is being used in, is fa-
cilitating, has facilitated, or was intended to fa-
cilitate’’;
(3) in paragraphs (4) and (5) by striking ‘‘a
conveyance’’ and ‘‘conveyance’’ each place such
phrase or word appears and inserting in lieu thereof
‘‘property’’; and
(4) in paragraph (4) by—
(A) striking ‘‘or’’ at the end of subpara-
graph (C),
(B) by striking the period at the end of
subparagraph (D) and inserting ‘‘; or’’, and
(C) by inserting at the end the following
new subparagraph:
‘‘(E) transfer custody and ownership of
forfeited property to any Federal, State, or
local agency pursuant to the Tariff Act of
1930, as amended (19 U.S.C. 1616a(c)).’’.
SEC. 8. MISCELLANEOUS AND TECHNICAL CHANGES.
(a) FORM OF DEPORTATION HEARINGS.—The sec-
ond sentence of section 242(b) of the Immigration and
Nationality Act (8 U.S.C. 1252(b)) is amended by insert-
ing before the period the following: ‘‘; except that nothing
in this subsection shall preclude the Attorney General
from authorizing proceedings by electronic or telephonic
media (with or without the consent of the alien) or, where
waived or agreed to by the parties, in the absence of the
alien.’’.
(b) CONSTRUCTION OF EXPEDITED DEPORTATION
REQUIREMENTS.— No amendment made by this Act and
nothing in section 242(i) of the Immigration and Nation-
ality Act (8 U.S.C. 1252(i)), shall be construed to create
any right or benefit, substantive or procedural, which is
legally enforceable by any party against the United States,
its agencies, its officers or any other person.
Æ
HR 1459 IH——2