I
103D CONGRESS
1ST SESSION
H. R. 2438
To amend the Immigration and Nationality Act to provide for confinement
in a Federal facility of illegal aliens sentenced to imprisonment under
State law and to authorize the Attorney General to deport aliens sen-
tenced to imprisonment before the completion of the sentence.
IN THE HOUSE OF REPRESENTATIVES
JUNE 16, 1993
Mr. SCHUMER introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to provide
for confinement in a Federal facility of illegal aliens
sentenced to imprisonment under State law and to au-
thorize the Attorney General to deport aliens sentenced
to imprisonment before the completion of the sentence.
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 Aliens Incar-
ceration Act of 1993’’.
SEC. 2. DEPORTATION PRIOR TO COMPLETION OF SEN-
TENCE OF IMPRISONMENT.
Section 242(h) of the Immigration and Nationality
Act (8 U.S.C. 1252(h)) is amended to read as follows:
‘‘(h)(1) Except as provided in paragraph (2), an alien
sentenced to imprisonment may not be deported until such
imprisonment has been terminated by the release of the
alien from confinement. Parole, supervised release, proba-
tion, or possibility of rearrest or further confinement in
respect of the same offense shall not be a ground for defer-
ral of deportation.
‘‘(2) The Attorney General may deport an alien prior
to the completion of a sentence of imprisonment—
‘‘(A) in the case of an alien in the custody of
the Attorney General, if the Attorney General deter-
mines that the alien has been adequately punished
and that such deportation of the alien is appro-
priate; or
‘‘(B) in the case of an alien in the custody of
a State, if the chief State official exercising author-
ity with respect to the incarceration of the alien de-
termines (i) that the alien has been adequately pun-
ished and that such deportation is appropriate, and
(ii) submits a written request to the Attorney Gen-
eral that such alien be so deported.’’.
SEC. 3. JUDICIAL ORDER OF DEPORTATION FOR CERTAIN
ALIENS AT TIME OF CONVICTION.
(a) IN GENERAL.—Subchapter A of chapter 227 of
title 18, United States Code, is amended by adding at the
end the following:
‘‘§ 3560. Order of deportation for certain aliens
‘‘The court, upon sentencing an individual who is an
alien for an aggravated felony (as defined in section
101(a)(43) of the Immigration and Nationality Act), shall
include in a sentencing order a declaration that the indi-
vidual is deportable. Any presentence report required
under the Rules of Criminal Procedure with respect to the
sentencing of any individual for such a felony shall include
whether or not such individual is an alien.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of subchapter A of chapter 227 of title
18, United States Code, is amended by adding at the end
the following new item:
‘‘3560. Order of deportation for certain aliens.’’.
(c) DEPORTATION PROCEDURES.—Section 242A of
the Immigration and Nationality Act (18 U.S.C. 1252a)
is amended by adding at the end the following:
‘‘(f) DEPORTATION
PURSUANT
TO
A
JUDICIAL
ORDER.—An alien subject to a judicial order of deporta-
tion under section 3560 of title 18, United States Code,
shall be deported consistent with section 242(h).’’.
SEC. 4. FEDERAL INCARCERATION OF UNDOCUMENTED
CRIMINAL ALIENS.
(a) FEDERAL INCARCERATION.—Section 242 of the
Immigration and Nationality Act (8 U.S.C. 1252) is
amended by adding at the end the following:
‘‘(j)(1) The Attorney General shall take into the cus-
tody of the Federal Government, and shall incarcerate for
a determinate sentence of imprisonment, an undocu-
mented criminal alien if—
‘‘(A) the chief State official exercising authority
with respect to the incarceration of the undocu-
mented criminal alien submits a written request to
the Attorney General; and
‘‘(B) the undocumented criminal alien is sen-
tenced to a determinate term of imprisonment.
‘‘(2) Undocumented criminal aliens taken into the
custody of the Attorney General under paragraph (1) may
be deported under subsection (h)(2)(A).
‘‘(3) For purposes of this subsection, the term ‘un-
documented criminal alien’ means an alien who—
‘‘(A) has been convicted of a felony and sen-
tenced to a term of imprisonment, and
‘‘(B)(i) entered the United States without in-
spection or at any time or place other than as des-
ignated by the Attorney General, or
‘‘(ii) was the subject of exclusion or deportation
proceedings at the time he or she was taken into
custody by the State.’’.
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