IIA
104TH CONGRESS
1ST SESSION
H. R. 668
IN THE SENATE OF THE UNITED STATES
FEBRUARY 13 (legislative day, JANUARY 30), 1995
Received; read twice and referred to the Committee on the Judiciary
AN ACT
To control crime by further streamlining deportation of
criminal aliens.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Criminal Alien Deportation Improvements Act of 1995’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
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Sec. 1. Short title; table of contents.
Sec. 2. Additional expansion of definition of aggravated felony.
Sec. 3. Deportation procedures for certain criminal aliens who are not perma-
nent residents.
Sec. 4. Restricting the defense to exclusion based on 7 years permanent resi-
dence for certain criminal aliens.
Sec. 5. Limitation on collateral attacks on underlying deportation order.
Sec. 6. Criminal alien identification system.
Sec. 7. Establishing certain alien smuggling-related crimes as RICO-predicate
offenses.
Sec. 8. Wiretap authority for alien smuggling investigations.
Sec. 9. Expansion of criteria for deportation for crimes of moral turpitude.
Sec. 10. Payments to political subdivisions for costs of incarcerating illegal
aliens.
Sec. 11. Miscellaneous provisions.
Sec. 12. Construction of expedited deportation requirements.
Sec. 13. Study of prisoner transfer treaty with Mexico.
Sec. 14. Justice Department assistance in bringing to justice aliens who flee
prosecution for crimes in the United States.
Sec. 15. Prisoner transfer treaties.
Sec. 16. Interior repatriation program.
Sec. 17. Deportation of nonviolent offenders prior to completion of sentence of
imprisonment.
SEC. 2. ADDITIONAL EXPANSION OF DEFINITION OF AG-
GRAVATED FELONY.
(a) IN GENERAL.—Section 101(a)(43) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(43)), as
amended by section 222 of the Immigration and National-
ity Technical Corrections Act of 1994 (Public Law 103–
416), is amended—
(1) in subparagraph (J), by inserting ‘‘, or an
offense described in section 1084 (if it is a second
or subsequent offense) or 1955 of that title (relating
to gambling offenses),’’ after ‘‘corrupt organiza-
tions)’’;
(2) in subparagraph (K)—
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(A) by striking ‘‘or’’ at the end of clause
(i),
(B) by redesignating clause (ii) as clause
(iii), and
(C) by inserting after clause (i) the follow-
ing new clause:
‘‘(ii) is described in section 2421,
2422, or 2423 of title 18, United States
Code (relating to transportation for the
purpose of prostitution) for commercial ad-
vantage; or’’;
(3) by amending subparagraph (N) to read as
follows:
‘‘(N) an offense described in paragraph
(1)(A) or (2) of section 274(a) (relating to alien
smuggling) for which the term of imprisonment
imposed (regardless of any suspension of im-
prisonment) is at least 5 years;’’;
(4) by amending subparagraph (O) to read as
follows:
‘‘(O) an offense (i) which either is falsely
making, forging, counterfeiting, mutilating, or
altering a passport or instrument in violation of
section 1543 of title 18, United States Code, or
is described in section 1546(a) of such title (re-
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lating to document fraud) and (ii) for which the
term of imprisonment imposed (regardless of
any suspension of such imprisonment) is at
least 18 months;’’
(5) in subparagraph (P), by striking ‘‘15 years’’
and inserting ‘‘5 years’’, and by striking ‘‘and’’ at
the end;
(6) by redesignating subparagraphs (O), (P),
and (Q) as subparagraphs (P), (Q), and (U), respec-
tively;
(7) by inserting after subparagraph (N) the fol-
lowing new subparagraph:
‘‘(O) an offense described in section 275(a)
or 276 committed by an alien who was pre-
viously deported on the basis of a conviction for
an offense described in another subparagraph
of this paragraph;’’; and
(8) by inserting after subparagraph (Q), as so
redesignated, the following new subparagraphs:
‘‘(R) an offense relating to commercial
bribery, counterfeiting, forgery, or trafficking in
vehicles the identification numbers of which
have been altered for which a sentence of 5
years’ imprisonment or more may be imposed;
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‘‘(S) an offense relating to obstruction of
justice, perjury or subornation of perjury, or
bribery of a witness, for which a sentence of 5
years’ imprisonment or more may be imposed;
‘‘(T) an offense relating to a failure to ap-
pear before a court pursuant to a court order
to answer to or dispose of a charge of a felony
for which a sentence of 2 years’ imprisonment
or more may be imposed; and’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to convictions entered on or
after the date of the enactment of this Act, except that
the amendment made by subsection (a)(3) shall take effect
as if included in the enactment of section 222 of the Immi-
gration and Nationality Technical Corrections Act of
1994.
SEC. 3. DEPORTATION PROCEDURES FOR CERTAIN CRIMI-
NAL ALIENS WHO ARE NOT PERMANENT
RESIDENTS.
(a) ADMINISTRATIVE HEARINGS.—Section 242A(b)
of the Immigration and Nationality Act (8 U.S.C.
1252a(b)), as added by section 130004(a) of the Violent
Crime Control and Law Enforcement Act of 1994 (Public
Law 103–322), is amended—
(1) in paragraph (2)—
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(A) by striking ‘‘and’’ at the end of sub-
paragraph (A) and inserting ‘‘or’’, and
(B) by amending subparagraph (B) to read
as follows:
‘‘(B) had permanent resident status on a
conditional basis (as described in section 216)
at the time that proceedings under this section
commenced.’’;
(2) in paragraph (3), by striking ‘‘30 calendar
days’’ and inserting ‘‘14 calendar days’’;
(3) 
in 
paragraph 
(4)(B), 
by 
striking
‘‘proccedings’’ and inserting ‘‘proceedings’’;
(4) in paragraph (4)—
(A) by redesignating subparagraphs (D)
and (E) as subparagraphs (F) and (G), respec-
tively; and
(B) by adding after subparagraph (C) the
following new subparagraphs:
‘‘(D) such proceedings are conducted in, or
translated for the alien into, a language the
alien understands;
‘‘(E) a determination is made for the
record at such proceedings that the individual
who appears to respond in such a proceeding is
an alien subject to such an expedited proceed-
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ing under this section and is, in fact, the alien
named in the notice for such proceeding;’’.
(5) by adding at the end the following new
paragraph:
‘‘(5) No alien described in this section shall be
eligible for any relief from deportation that the At-
torney General may grant in the Attorney General’s
discretion.’’.
(b) LIMIT ON JUDICIAL REVIEW.—Subsection (d) of
section 106 of the Immigration and Nationality Act (8
U.S.C. 1105a), as added by section 130004(b) of the Vio-
lent Crime Control and Law Enforcement Act of 1994
(Public Law 103–322), is amended to read as follows:
‘‘(d) Notwithstanding subsection (c), a petition for
review or for habeas corpus on behalf of an alien described
in section 242A(c) may only challenge whether the alien
is in fact an alien described in such section, and no court
shall have jurisdiction to review any other issue.’’.
(c) PRESUMPTION
OF
DEPORTABILITY.—Section
242A of the Immigration and Nationality Act (8 U.S.C.
1252a) is amended by inserting after subsection (b) the
following new subsection:
‘‘(c) PRESUMPTION OF DEPORTABILITY.—An alien
convicted of an aggravated felony shall be conclusively pre-
sumed to be deportable from the United States.’’.
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(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 the enact-
ment of this Act.
SEC. 4. RESTRICTING THE DEFENSE TO EXCLUSION BASED
ON 7 YEARS PERMANENT RESIDENCE FOR
CERTAIN CRIMINAL ALIENS.
The last sentence of section 212(c) of the Immigra-
tion and Nationality Act (8 U.S.C. 1182(c)) is amended
by striking ‘‘has served for such felony or felonies’’ and
all that follows through the period and inserting ‘‘has been
sentenced for such felony or felonies to a term of imprison-
ment of at least 5 years, if the time for appealing such
conviction or sentence has expired and the sentence has
become final.’’.
SEC. 5. LIMITATION ON COLLATERAL ATTACKS ON UNDER-
LYING DEPORTATION ORDER.
(a) IN GENERAL.—Section 276 of the Immigration
and Nationality Act (8 U.S.C. 1326) is amended by add-
ing at the end the following new subsection:
‘‘(c) In a criminal proceeding under this section, an
alien may not challenge the validity of the deportation
order described in subsection (a)(1) or subsection (b) un-
less the alien demonstrates that—
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‘‘(1) the alien exhausted any administrative
remedies that may have been available to seek relief
against the order;
‘‘(2) the deportation proceedings at which the
order was issued improperly deprived the alien of the
opportunity for judicial review; and
‘‘(3) the entry of the order was fundamentally
unfair.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to criminal proceedings initiated
after the date of the enactment of this Act.
SEC. 6. CRIMINAL ALIEN IDENTIFICATION SYSTEM.
Section 130002(a) of the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103–312) is
amended to read as follows:
‘‘(a) OPERATION AND PURPOSE.—The Commissioner
of Immigration and Naturalization shall, under the au-
thority of section 242(a)(3)(A) of the Immigration and
Nationality Act (8 U.S.C. 1252(a)(3)(A)), operate a crimi-
nal alien identification system. The criminal alien identi-
fication system shall be used to assist Federal, State, and
local law enforcement agencies in identifying and locating
aliens who may be subject to deportation by reason of
their conviction of aggravated felonies.’’.
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SEC. 7. ESTABLISHING CERTAIN ALIEN SMUGGLING-RELAT-
ED CRIMES AS RICO-PREDICATE OFFENSES.
Section 1961(1) of title 18, United States Code, is
amended—
(1) by inserting ‘‘section 1028 (relating to
fraud and related activity in connection with identi-
fication documents) if the act indictable under sec-
tion 1028 was committed for the purpose of finan-
cial gain,’’ before ‘‘section 1029’’;
(2) by inserting ‘‘section 1542 (relating to false
statement in application and use of passport) if the
act indictable under section 1542 was committed for
the purpose of financial gain, section 1543 (relating
to forgery or false use of passport) if the act indict-
able under section 1543 was committed for the pur-
pose of financial gain, section 1544 (relating to mis-
use of passport) if the act indictable under section
1544 was committed for the purpose of financial
gain, section 1546 (relating to fraud and misuse of
visas, permits, and other documents) if the act in-
dictable under section 1546 was committed for the
purpose of financial gain, sections 1581–1588 (relat-
ing to peonage and slavery),’’ after ‘‘section 1513
(relating to retaliating against a witness, victim, or
an informant),’’;
(3) by striking ‘‘or’’ before ‘‘(E)’’; and
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(4) by inserting before the period at the end the
following: ‘‘, or (F) any act which is indictable under
the Immigration and Nationality Act, section 274
(relating to bringing in and harboring certain
aliens), section 277 (relating to aiding or assisting
certain aliens to enter the United States), or section
278 (relating to importation of alien for immoral
purpose) if the act indictable under such section of
such Act was committed for the purpose of financial
gain’’.
SEC. 8. WIRETAP AUTHORITY FOR ALIEN SMUGGLING IN-
VESTIGATIONS.
Section 2516(1) of title 18, United States Code, is
amended—
(1) by striking ‘‘and’’ at the end of paragraph
(n),
(2) by redesignating paragraph (o) as para-
graph (p), and
(3) by inserting after paragraph (n) the follow-
ing new paragraph:
‘‘(o) a felony violation of section 1028 (relating
to production of false identification documents), sec-
tion 1542 (relating to false statements in passport
applications), section 1546 (relating to fraud and
misuse of visas, permits, and other documents) of
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this title or a violation of section 274, 277, or 278
of the Immigration and Nationality Act (relating to
the smuggling of aliens); or’’.
SEC. 9. EXPANSION OF CRITERIA FOR DEPORTATION FOR
CRIMES OF MORAL TURPITUDE.
(a) IN GENERAL.—Section 241(a)(2)(A)(i)(II) of the
Immigration 
and 
Nationality 
Act 
(8 
U.S.C.
1251(a)(2)(A)(i)(II)) is amended to read as follows:
‘‘(II) is convicted of a crime for
which a sentence of one year or longer
may be imposed,’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to aliens against whom deporta-
tion proceedings are initiated after the date of the enact-
ment of this Act.
SEC. 10. PAYMENTS TO POLITICAL SUBDIVISIONS FOR
COSTS OF INCARCERATING ILLEGAL ALIENS.
Amounts appropriated to carry out section 501 of the
Immigration Reform and Control Act of 1986 for fiscal
year 1995 shall be available to carry out section 242(j)
of the Immigration and Nationality Act in that fiscal year
with respect to undocumented criminal aliens incarcerated
under the authority of political subdivisions of a State.
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SEC. 11. MISCELLANEOUS PROVISIONS.
(a) USE OF ELECTRONIC AND TELEPHONIC MEDIA
IN DEPORTATION HEARINGS.—The second sentence of
section 242(b) of the Immigration and Nationality Act (8
U.S.C. 1252(b)) is amended by inserting before the period
the following: ‘‘; except that nothing in this subsection
shall preclude the Attorney General from authorizing pro-
ceedings by electronic or telephonic media (with the con-
sent of the alien) or, where waived or agreed to by the
parties, in the absence of the alien’’.
(b) CODIFICATION.—
(1) Section 242(i) of such Act (8 U.S.C.
1252(i)) is amended by adding at the end the follow-
ing: ‘‘Nothing in this subsection shall be construed
to create any substantive or procedural right or ben-
efit that is legally enforceable by any party against
the United States or its agencies or officers or any
other person.’’.
(2) Section 225 of the Immigration and Nation-
ality Technical Corrections Act of 1994 (Public Law
103–416) is amended by striking ‘‘and nothing in’’
and all that follows through ‘‘1252(i))’’.
(3) The amendments made by this subsection
shall take effect as if included in the enactment of
the Immigration and Nationality Technical Correc-
tions Act of 1994 (Public Law 103–416).
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SEC. 12. CONSTRUCTION OF EXPEDITED DEPORTATION RE-
QUIREMENTS.
No amendment made by this Act shall be construed
to create any substantive or procedural right or benefit
that is legally enforceable by any party against the United
States or its agencies or officers or any other person.
SEC. 13. STUDY OF PRISONER TRANSFER TREATY WITH
MEXICO.
(a) REPORT TO CONGRESS.—Not later than 180 days
after the date of the enactment of this Act, the Secretary
of State and the Attorney General shall submit to the Con-
gress a report that describes the use and effectiveness of
the Prisoner Transfer Treaty with Mexico (in this section
referred to as the ‘‘Treaty’’) to remove from the United
States aliens who have been convicted of crimes in the
United States.
(b) USE OF TREATY.—The report under subsection
(a) shall include the following information:
(1) The number of aliens convicted of a crimi-
nal offense in the United States since November 30,
1977, who would have been or are eligible for trans-
fer pursuant to the Treaty.
(2) The number of aliens described in para-
graph (1) who have been transferred pursuant to the
Treaty.
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SEC. 14. JUSTICE DEPARTMENT ASSISTANCE IN BRINGING
TO JUSTICE ALIENS WHO FLEE PROSECU-
TION FOR CRIMES IN THE UNITED STATES.
(a) ASSISTANCE TO STATES.—The Attorney General,
in cooperation with the Commissioner of Immigration and
Naturalization and the Secretary of State, shall designate
an office within the Department of Justice to provide tech-
nical and prosecutorial assistance to States and political
subdivisions of States in efforts to bring to justice aliens
who flee prosecution for crimes in the United States.
(b) REPORT TO CONGRESS.—Not later than one year
after the date of the enactment of this Act, the Attorney
General shall compile and submit to the Congress a report
which assesses the nature and extent of the problem of
bringing to justice aliens who flee prosecution for crimes
in the United States.
SEC. 15. PRISONER TRANSFER TREATIES.
(a) NEGOTIATION.—Congress advises the President
to begin to negotiate and renegotiate, not later than 90
days after the date of the enactment of this Act, bilateral
prisoner transfer treaties. The focus of such negotiations
shall be to expedite the transfer of aliens unlawfully in
the United States who are incarcerated in United States
prisons, to ensure that a transferred prisoner serves the
balance of the sentence imposed by the United States
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courts, and to eliminate any requirement of prisoner con-
sent to such a transfer.
(b) CERTIFICATION.—The President shall submit to
the Congress, annually, a certification as to whether each
prisoner transfer treaty in force is effective in returning
aliens unlawfully in the United States who have committed
offenses for which they are incarcerated in the United
States to their country of nationality for further incarcer-
ation.
SEC. 16. INTERIOR REPATRIATION PROGRAM.
Not later than 180 days after the date of enactment
of this Act, the Attorney General and the Commissioner
of Immigration and Naturalization shall develop and im-
plement a program in which aliens who previously have
illegally entered the United States not less than 3 times
and are deported or returned to a country contiguous to
the United States will be returned to locations not less
than 500 kilometers from that country’s border with the
United States.
SEC. 17. DEPORTATION OF NONVIOLENT OFFENDERS
PRIOR TO COMPLETION OF SENTENCE OF IM-
PRISONMENT.
(a) IN GENERAL.—Section 242(h) of the Immigra-
tion and Nationality Act (8 U.S.C. 1252(h)) is amended
to read as follows:
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‘‘(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 is authorized to deport an
alien in accordance with applicable procedures under this
Act prior to the completion of a sentence of imprison-
ment—
‘‘(A) in the case of an alien in the custody of
the Attorney General, if the Attorney General deter-
mines that (i) the alien is confined pursuant to a
final conviction for a nonviolent offense (other than
alien smuggling), and (ii) such deportation of the
alien is appropriate and in the best interest of the
United States; or
‘‘(B) in the case of an alien in the custody of
a State (or a political subdivision of a State), if the
chief State official exercising authority with respect
to the incarceration of the alien determines that (i)
the alien is confined pursuant to a final conviction
for a nonviolent offense (other than alien smug-
gling), (ii) such deportation is appropriate and in
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the best interest of the State, and (iii) submits a
written request to the Attorney General that such
alien be so deported.
‘‘(3) Any alien deported pursuant to this subsection
shall be notified of the penalties under the laws of the
United States relating to the reentry of deported aliens,
particularly the expanded penalties for aliens deported
under paragraph (2).’’.
(b) REENTRY OF ALIEN DEPORTED PRIOR TO COM-
PLETION OF TERM OF IMPRISONMENT.—Section 276 of
the Immigration and Nationality Act (8 U.S.C. 1326)
amended by adding at the end the following new sub-
section:
‘‘(c) Any alien deported pursuant to section
242(h)(2) who enters, attempts to enter, or is at any time
found in, the United States (unless the Attorney General
has expressly consented to such alien’s reentry) shall be
incarcerated for the remainder of the sentence of impris-
onment which was pending at the time of deportation
without any reduction for parole or supervised release.
Such alien shall be subject to such other penalties relating
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to the reentry of deported aliens as may be available under
this section or any other provision of law.’’.
Passed the House of Representatives February 10,
1995.
Attest:
ROBIN H. CARLE,
Clerk.
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