I 
108TH CONGRESS 
1ST SESSION H. R. 3106
To strengthen the law enabling the United States to expeditiously remove 
terrorist criminals, to add flexibility with respect to the places to which 
aliens may be removed, to give sufficient authority to the Secretary 
of Homeland Security and the Attorney General to remove aliens who 
pose a danger to national security, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 17, 2003
Mr. SMITH of Texas (for himself, Mr. FORBES, Mr. KING of Iowa, Mr. 
FEENEY, Mr. CARTER, Mr. GALLEGLY, Mr. GOODLATTE, Mrs. 
BLACKBURN, Mr. BARTLETT of Maryland, Mr. JENKINS, and Ms. HART) 
introduced the following bill; which was referred to the Committee on the 
Judiciary 
A BILL 
To strengthen the law enabling the United States to expedi-
tiously remove terrorist criminals, to add flexibility with 
respect to the places to which aliens may be removed, 
to give sufficient authority to the Secretary of Homeland 
Security and the Attorney General to remove aliens who 
pose a danger to national security, and for other pur-
poses.
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 ‘‘Removal of Terrorist 
Criminal Aliens Act of 2003’’. 
SEC. 2. EXPEDITED REMOVAL OF TERRORIST CRIMINAL 
ALIENS. 
(a) IN GENERAL.—Title II of the Immigration and 
Nationality Act (8 U.S.C. 1151 et seq.) is amended by 
inserting after section 238 the following: 
‘‘SEC. 238A. EXPEDITED REMOVAL OF TERRORIST CRIMI-
NAL ALIENS. 
‘‘(a) IN GENERAL.—The Secretary of Homeland Se-
curity, in such Secretary’s discretion, may in the case of 
an alien described in subsection (b), determine whether 
such alien is deportable and issue a final order of removal 
pursuant to the procedures set forth in this section. 
‘‘(b) ALIENS DESCRIBED.—An alien is described in 
this subsection if—
‘‘(1) the alien, whether or not admitted into the 
United States, was convicted of any criminal offense 
described in paragraph (2), (3)(B), or (6) of section 
237(a) (without regard to the date of the commis-
sion of the offense); and 
‘‘(2) the Secretary of Homeland Security, in 
such Secretary’s discretion and in consultation with 
appropriate heads of agencies of the executive 
branch, certifies that the alien is engaged in any ac-
tivity that endangers the national security of the 
United States. 
‘‘(c) EXECUTION OF ORDER.—
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security, in such Secretary’s discretion, may at any 
time execute any order described in subsection (a), 
except—
‘‘(A) during the 14-day period commencing 
after the date on which such order is issued, in 
order that the alien has an opportunity to apply 
for judicial review under section 242, unless 
this subparagraph is waived by the alien; or 
‘‘(B) if the removal has been stayed under 
section 242(f)(2). 
‘‘(2) REVIEW.—Notwithstanding any other pro-
vision of law, including section 2241 of title 28, 
United States Code, no court other than a court of 
appeals pursuant to its jurisdiction under section 
242 of this Act shall have jurisdiction to review or 
set aside any order, action, or decision taken or 
issued pursuant to this section. Review in the court 
of appeals shall be limited to determining whether 
the petitioner is—
‘‘(A) an alien; and
‘‘(B) subject to a final judgment of convic-
tion for an offense described in paragraph (2), 
(3)(B), or (6) of section 237(a). 
‘‘(d) REGULATIONS.—Proceedings before the Sec-
retary of Homeland Security under this section shall be 
in accordance with such regulations as such Secretary 
shall prescribe. Such regulations shall provide that—
‘‘(1) the alien shall be given reasonable notice 
of the grounds for removal alleged and of the oppor-
tunity described in paragraph (3); 
‘‘(2) the alien shall have the privilege of being 
represented (at no expense to the Government) by 
such counsel, authorized to practice in such pro-
ceedings, as the alien shall choose; 
‘‘(3) the alien shall have a reasonable oppor-
tunity to inspect the evidence and rebut the charges 
that the alien is subject to a final judgment of con-
viction for an offense described in paragraph (2), 
(3)(B), or (6) of section 237(a); 
‘‘(4) a determination shall be made on the 
record that the individual upon whom the notice for 
the proceeding under this section is served (either in 
person or by mail) is, in fact, the alien named in 
such notice;
‘‘(5) a record shall be maintained for judicial 
review; and 
‘‘(6) the final order of removal may not be ad-
judicated by the same person who issues the 
charges. 
‘‘(e) ELIGIBILITY FOR CERTAIN RELIEF.—No alien 
described in subsection (b), regardless of whether the alien 
is subject to procedures under this section or to pro-
ceedings under section 240, shall be eligible for with-
holding under section 241(b)(3) or for any discretionary 
relief from removal under the immigration laws of the 
United States.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Immigration and Nationality Act is amended by 
inserting after the item relating to section 238 the fol-
lowing:
‘‘238A. Expedited removal of terrorist criminal aliens.’’.
SEC. 3. ADDITIONAL REMOVAL AUTHORITIES. 
(a) IN GENERAL.—Section 241(b) of the Immigra-
tion and Nationality Act (8 U.S.C. 1231(b)) is amended—
(1) in paragraph (1)—
(A) by striking ‘‘Attorney General’’ each 
place such term appears and inserting ‘‘Sec-
retary of Homeland Security’’; 
(B) in each of subparagraphs (A) and (B), 
by striking the period at the end and inserting