Union Calendar No. 197
105TH CONGRESS
1ST SESSION
H. R. 1493
[Report No. 105–338]
A BILL
To require the Attorney General to establish a pro-
gram in local prisons to identify, prior to ar-
raignment, criminal aliens and aliens who are un-
lawfully present in the United States, and for
other purposes.
OCTOBER 23, 1997
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
IB
Union Calendar No. 197
105TH CONGRESS
1ST SESSION
H. R. 1493
[Report No. 105–338]
To require the Attorney General to establish a program in local prisons
to identify, prior to arraignment, criminal aliens and aliens who are
unlawfully present in the United States, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 30, 1997
Mr. GALLEGLY (for himself, Mr. ROYCE, Mr. PACKARD, Mr. COX of Califor-
nia, Mr. ROHRABACHER, Mr. CUNNINGHAM, Mr. RIGGS, Mr. CALVERT,
Mr. KIM, and Mr. BILBRAY) introduced the following bill; which was re-
ferred to the Committee on the Judiciary
OCTOBER 23, 1997
Additional sponsors: Mr. LIPINSKI, Mr. CANADY of Florida, Mr. BEREUTER,
Mr. MCKEON, Mr. MARTINEZ, Mr. WICKER, Mr. BONO, Mr. HORN, Mr.
DREIER, Mr. SHERMAN, Mr. HUTCHINSON, Mr. GOODLATTE, Mr.
MCCOLLUM, Mr. HUNTER, Mr. TRAFICANT, Mr. CANNON, Mr. DEAL of
Georgia, Mr. BERMAN, Mr. STUMP, Mr. HAYWORTH, Mr. COOK, Mr. GIB-
BONS, Mr. FOLEY, and Mr. VISCLOSKY
OCTOBER 23, 1997
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on April 30, 1997]
A BILL
To require the Attorney General to establish a program
in local prisons to identify, prior to arraignment, criminal
aliens and aliens who are unlawfully present in the
United States, 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. PROGRAM OF IDENTIFICATION OF CERTAIN DE-
PORTABLE ALIENS AWAITING ARRAIGNMENT.
(a) ESTABLISHMENT OF PROGRAM.—Not later than 6
months after the date of the enactment of this Act, and sub-
ject to such amounts as are provided in appropriations
Acts, the Attorney General shall establish and implement
a program to identify, from among the individuals who are
incarcerated in local governmental incarceration facilities
prior to arraignment on criminal charges, those individuals
who are within 1 or more of the following classes of deport-
able aliens:
(1) Aliens unlawfully present in the United
States.
(2) Aliens described in paragraph (2) or (4) of
section 237(a) of the Immigration and Nationality
Act (as redesignated by section 305(a)(2) of the Illegal
Immigration Reform and Immigrant Responsibility
Act of 1996).
(b) DESCRIPTION OF PROGRAM.—The program au-
thorized by subsection (a) shall include—
(1) the detail, to each incarceration facility se-
lected under subsection (c), of at least one employee
of the Immigration and Naturalization Service who
has expertise in the identification of aliens described
in subsection (a); and
(2) provision of funds sufficient to provide for—
(A) the detail of such employees to each se-
lected facility on a full-time basis, including the
portions of the day or night when the greatest
number of individuals are incarcerated prior to
arraignment;
(B) access for such employees to records of
the Service and other Federal law enforcement
agencies that are necessary to identify such
aliens; and
(C) in the case of an individual identified
as such an alien, pre-arraignment reporting to
the court regarding the Service’s intention to re-
move the alien from the United States.
(c) SELECTION OF FACILITIES.—
(1) IN GENERAL.—The Attorney General shall se-
lect for participation in the program each incarcer-
ation facility that satisfies the following requirements: