603
Title III, Subtitle B
HR 2202 RH
‘‘(B) QUESTIONS OF FACT.—(i) Subject to
clause (ii), a prior finding on any question of
fact shall not be set aside unless such finding
was clearly erroneous.
‘‘(ii) In the case of a review under sub-
section (c)(2) in which an alien lawfully admit-
ted for permanent residence was denied a writ-
ten summary of classified information under sec-
tion 506(b)(4), the Court of Appeals shall review
questions of fact de novo.
‘‘(e) CERTIORARI.—Following a decision by the Court
of Appeals pursuant to subsection (b) or (c), either the alien
or the Department of Justice may petition the Supreme
Court for a writ of certiorari. In any such case, any infor-
mation transmitted to the Court of Appeals under seal shall,
if such information is also submitted to the Supreme Court,
be transmitted under seal. Any order of removal shall not
be stayed pending disposition of a writ of certiorari except
as provided by the Court of Appeals or a Justice of the Su-
preme Court.
‘‘(f) APPEALS OF DETENTION ORDERS.—
‘‘(1) IN GENERAL.— The provisions of sections
3145 through 3148 of title 18, United States Code,
pertaining to review and appeal of a release or deten-
tion order, penalties for failure to appear, penalties
604
Title III, Subtitle B
HR 2202 RH
for an offense committed while on release, and sanc-
tions for violation of a release condition shall apply
to an alien to whom section 508(b)(1) applies. In ap-
plying the previous sentence—
‘‘(A) for purposes of section 3145 of such
title an appeal shall be taken to the United
States Court of Appeals for the District of Co-
lumbia Circuit, and
‘‘(B) for purposes of section 3146 of such
title the alien shall be considered released in con-
nection with a charge of an offense punishable by
life imprisonment.
‘‘(2) NO REVIEW OF CONTINUED DETENTION.—
The determinations and actions of the Attorney Gen-
eral pursuant to section 508(c)(2)(C) shall not be sub-
ject to judicial review, including application for a
writ of habeas corpus, except for a claim by the alien
that continued detention violates the alien’s rights
under the Constitution. Jurisdiction over any such
challenge shall lie exclusively in the United States
Court of Appeals for the District of Columbia Circuit.
‘‘DETENTION AND CUSTODY
‘‘SEC. 508. (a) INITIAL CUSTODY.—
‘‘(1) UPON
FILING
APPLICATION.—Subject to
paragraph (2), the Attorney General may take into
custody any alien with respect to whom an applica-
605
Title III, Subtitle B
HR 2202 RH
tion under section 503 has been filed and, notwith-
standing any other provision of law, may retain such
an alien in custody in accordance with the procedures
authorized by this title.
‘‘(2) SPECIAL RULES FOR PERMANENT RESIDENT
ALIENS.—An alien lawfully admitted for permanent
residence shall be entitled to a release hearing before
the judge assigned to hear the special removal hear-
ing. Such an alien shall be detained pending the spe-
cial removal hearing, unless the alien demonstrates to
the court that—
‘‘(A) the alien, if released upon such terms
and conditions as the court may prescribe (in-
cluding the posting of any monetary amount), is
not likely to flee, and
‘‘(B) the alien’s release will not endanger
national security or the safety of any person or
the community.
The judge may consider classified information sub-
mitted in camera and ex parte in making a deter-
mination under this paragraph.
‘‘(3) RELEASE IF ORDER DENIED AND NO RE-
VIEW SOUGHT.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), if a judge of the special removal court
606
Title III, Subtitle B
HR 2202 RH
denies the order sought in an application with
respect to an alien and the Department of Jus-
tice does not seek review of such denial, the alien
shall be released from custody.
‘‘(B) APPLICATION
OF
REGULAR
PROCE-
DURES.—Subparagraph (A) shall not prevent the
arrest and detention of the alien pursuant to
title II.
‘‘(b) CONDITIONAL RELEASE IF ORDER DENIED AND
REVIEW SOUGHT.—
‘‘(1) IN GENERAL.—If a judge of the special re-
moval court denies the order sought in an application
with respect to an alien and the Department of Jus-
tice seeks review of such denial, the judge shall release
the alien from custody subject to the least restrictive
condition or combination of conditions of release de-
scribed in section 3142(b) and clauses (i) through
(xiv) of section 3142(c)(1)(B) of title 18, United
States Code, that will reasonably assure the appear-
ance of the alien at any future proceeding pursuant
to this title and will not endanger the safety of any
other person or the community.
‘‘(2) NO RELEASE FOR CERTAIN ALIENS.—If the
judge finds no such condition or combination of con-
607
Title III, Subtitle B
HR 2202 RH
ditions, the alien shall remain in custody until the
completion of any appeal authorized by this title.
‘‘(c) CUSTODY AND RELEASE AFTER HEARING.—
‘‘(1) RELEASE.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), if the judge decides pursuant to sec-
tion 505(i) that an alien should not be removed,
the alien shall be released from custody.
‘‘(B) CUSTODY
PENDING
APPEAL.—If the
Attorney General takes an appeal from such de-
cision, the alien shall remain in custody, subject
to the provisions of section 3142 of title 18,
United States Code.
‘‘(2) CUSTODY AND REMOVAL.—
‘‘(A) CUSTODY.—If the judge decides pursu-
ant to section 505(i) that an alien shall be re-
moved, the alien shall be detained pending the
outcome of any appeal. After the conclusion of
any judicial review thereof which affirms the re-
moval order, the Attorney General shall retain
the alien in custody and remove the alien to a
country specified under subparagraph (B).
‘‘(B) REMOVAL.—
‘‘(i) IN GENERAL.—The removal of an
alien shall be to any country which the
608
Title III, Subtitle B
HR 2202 RH
alien shall designate if such designation
does not, in the judgment of the Attorney
General, in consultation with the Secretary
of State, impair the obligation of the United
States under any treaty (including a treaty
pertaining to extradition) or otherwise ad-
versely affect the foreign policy of the Unit-
ed States.
‘‘(ii) ALTERNATE COUNTRIES.—If the
alien refuses to designate a country to
which the alien wishes to be removed or if
the Attorney General, in consultation with
the Secretary of State, determines that re-
moval of the alien to the country so des-
ignated would impair a treaty obligation or
adversely affect United States foreign pol-
icy, the Attorney General shall cause the
alien to be removed to any country willing
to receive such alien.
‘‘(C) CONTINUED DETENTION.—If no coun-
try is willing to receive such an alien, the Attor-
ney General may, notwithstanding any other
provision of law, retain the alien in custody. The
Attorney General, in coordination with the Sec-
retary of State, shall make periodic efforts to
609
Title III, Subtitle B
HR 2202 RH
reach agreement with other countries to accept
such an alien and at least every 6 months shall
provide to the attorney representing the alien at
the special removal hearing a written report on
the Attorney General’s efforts. Any alien in cus-
tody pursuant to this subparagraph shall be re-
leased from custody solely at the discretion of the
Attorney General and subject to such conditions
as the Attorney General shall deem appropriate.
‘‘(D) FINGERPRINTING.—Before an alien is
transported out of the United States pursuant to
this subsection, or pursuant to an order of exclu-
sion because such alien is excludable under sec-
tion 212(a)(3)(B), the alien shall be photo-
graphed and fingerprinted, and shall be advised
of the provisions of subsection 276(b).
‘‘(d) CONTINUED DETENTION PENDING TRIAL.—
‘‘(1) DELAY IN REMOVAL.—Notwithstanding the
provisions of subsection (c)(2), the Attorney General
may hold in abeyance the removal of an alien who
has been ordered removed pursuant to this title to
allow the trial of such alien on any Federal or State
criminal charge and the service of any sentence of
confinement resulting from such a trial.
610
Title III, Subtitle B
HR 2202 RH
‘‘(2) MAINTENANCE OF CUSTODY.—Pending the
commencement of any service of a sentence of confine-
ment by an alien described in paragraph (1), such an
alien shall remain in the custody of the Attorney Gen-
eral, unless the Attorney General determines that tem-
porary release of the alien to the custody of State au-
thorities for confinement in a State facility is appro-
priate and would not endanger national security or
public safety.
‘‘(3) SUBSEQUENT
REMOVAL.—Following the
completion of a sentence of confinement by an alien
described in paragraph (1) or following the comple-
tion of State criminal proceedings which do not result
in a sentence of confinement of an alien released to
the custody of State authorities pursuant to para-
graph (2), such an alien shall be returned to the cus-
tody of the Attorney General who shall proceed to
carry out the provisions of subsection (c)(2) concern-
ing removal of the alien.
‘‘(e) APPLICATION OF CERTAIN PROVISIONS RELATING
TO ESCAPE OF PRISONERS.—For purposes of sections 751
and 752 of title 18, United States Code, an alien in the
custody of the Attorney General pursuant to this title shall
be subject to the penalties provided by those sections in rela-
611
Title III, Subtitle B
HR 2202 RH
tion to a person committed to the custody of the Attorney
General by virtue of an arrest on a charge of a felony.
‘‘(f) RIGHTS OF ALIENS IN CUSTODY.—
‘‘(1) FAMILY AND ATTORNEY VISITS.—An alien
in the custody of the Attorney General pursuant to
this title shall be given reasonable opportunity to
communicate with and receive visits from members of
the alien’s family, and to contact, retain, and com-
municate with an attorney.
‘‘(2) DIPLOMATIC
CONTACT.—An alien in the
custody of the Attorney General pursuant to this title
shall have the right to contact an appropriate diplo-
matic or consular official of the alien’s country of
citizenship or nationality or of any country provid-
ing representation services therefore. The Attorney
General shall notify the appropriate embassy, mis-
sion, or consular office of the alien’s detention.’’.
(b) CRIMINAL PENALTY FOR REENTRY OF ALIEN TER-
RORISTS.—Section 276(b) (8 U.S.C. 1326(b)) is amended—
(1) by striking ‘‘or’’ at the end of paragraph (1),
(2) by striking the period at the end of para-
graph (2) and inserting ‘‘; or’’, and
(3) by inserting after paragraph (2) the follow-
ing new paragraph:
612
Title III, Subtitle B
HR 2202 RH
‘‘(3) who has been excluded from the United
States pursuant to subsection 235(c) because the alien
was excludable under subsection 212(a)(3)(B) or who
has been removed from the United States pursuant to
the provisions of title V, and who thereafter, without
the permission of the Attorney General, enters the
United States or attempts to do so shall be fined
under title 18, United States Code, and imprisoned
for a period of 10 years, which sentence shall not run
concurrently with any other sentence.’’.
(c) ELIMINATION OF CUSTODY REVIEW BY HABEAS
CORPUS.—Section 106(a) (8 U.S.C. 1105a(a)) is amend-
ed—
(1) by adding ‘‘and’’ at the end of paragraph
(8),
(2) by striking ‘‘; and’’ at the end of paragraph
(9) and inserting a period, and
(3) by striking paragraph (10).
(d) EFFECTIVE DATE.—The amendments made by this
section shall take effect on the date of the enactment of this
Act and shall apply to all aliens without regard to the date
of entry or attempted entry into the United States.
613
Title III, Subtitle B
HR 2202 RH
SEC. 322. FUNDING FOR DETENTION AND REMOVAL OF
ALIEN TERRORISTS.
In addition to amounts otherwise appropriated, there
are authorized to be appropriated for each fiscal year (be-
ginning with fiscal year 1996) $5,000,000 to the Immigra-
tion and Naturalization Service for the purpose of detain-
ing and removing alien terrorists.
PART 2—INADMISSIBILITY AND DENIAL OF
RELIEF FOR ALIEN TERRORISTS
SEC. 331. MEMBERSHIP IN TERRORIST ORGANIZATION AS
GROUND OF INADMISSIBILITY.
(a) IN GENERAL.—Section 212(a)(3)(B) (8 U.S.C.
1182(a)(3)(B)) is amended—
(1) in clause (i)—
(A) by striking ‘‘or’’ at the end of subclause
(I),
(B) in subclause (II), by inserting ‘‘engaged
in or’’ after ‘‘believe,’’, and
(C) by inserting after subclause (II) the fol-
lowing:
‘‘(III) is a representative of a ter-
rorist organization, or
‘‘(IV) is a member of a terrorist
organization which the alien knows or
should have known is a terrorist orga-
nization,’’; and
614
Title III, Subtitle B
HR 2202 RH
(2) by adding at the end the following:
‘‘(iv) TERRORIST
ORGANIZATION
DE-
FINED.—
‘‘(I) DESIGNATION.—For purposes
of this Act, the term ‘terrorist organi-
zation’ means a foreign organization
designated in the Federal Register as a
terrorist organization by the Secretary
of State, in consultation with the At-
torney General, based upon a finding
that the organization engages in, or
has engaged in, terrorist activity that
threatens the national security of the
United States.
‘‘(II) PROCESS.—At least 3 days
before designating an organization as
a terrorist organization through publi-
cation in the Federal Register, the Sec-
retary of State, in consultation with
the Attorney General, shall notify the
Committees on the Judiciary of the
House of Representatives and the Sen-
ate of the intent to make such designa-
tion and the findings and basis for des-
ignation. The Secretary of State, in