104TH CONGRESS
1ST SESSION
H. R. 668
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 justice to 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-