I 
109TH CONGRESS 
2D SESSION 
H. R. 5597 
To amend the Immigration and Nationality Act to render deportable all 
aliens convicted of a criminal offense resulting in a sentence of incarcer-
ation, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 13, 2006 
Mr. GREEN of Wisconsin introduced the following bill; which was referred to 
the Committee on the Judiciary 
A BILL 
To amend the Immigration and Nationality Act to render 
deportable all aliens convicted of a criminal offense re-
sulting in a sentence of incarceration, 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. RENDERING DEPORTABLE ALL ALIENS SEN-
TENCED TO INCARCERATION. 
Section 237(a)(2)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1227(a)(2)(A)) is amended— 
(1) by redesignating clause (v) as clause (vi); 
and 
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(2) by inserting after clause (iv) the following: 
‘‘(v) 
SENTENCED
TO
INCARCER-
ATION.—Any alien who is sentenced to a 
term of incarceration for a crime under 
State or Federal law is deportable.’’. 
SEC. 2. DETENTION OF ALIENS SENTENCED TO INCARCER-
ATION. 
Section 236(c)(1) of the Immigration and Nationality 
Act (8 U.S.C. 1226(c)(1)) is amended— 
(1) in subparagraph (C), by striking ‘‘or’’ at 
the end; 
(2) in subparagraph (D), by adding ‘‘or’’ at the 
end; and 
(3) by inserting after subparagraph (D) the fol-
lowing: 
‘‘(E) is sentenced to a term of incarcer-
ation for a crime under State or Federal law, 
and is deportable on any ground,’’. 
SEC. 3. EXPEDITED REMOVAL OF ALIENS SENTENCED TO 
INCARCERATION. 
(a) IN GENERAL.—Section 238 of the Immigration 
and Nationality Act (8 U.S.C. 1228) is amended— 
(1) by amending the section heading to read as 
follows: ‘‘EXPEDITED
REMOVAL
OF
ALIENS
SEN-
TENCED TO INCARCERATION’’; 
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(2) in subsection (a)— 
(A) by striking the subsection heading and 
inserting: ‘‘EXPEDITED REMOVAL FROM COR-
RECTIONAL FACILITIES.—’’; 
(B) in the first sentence of paragraph (1), 
by striking ‘‘criminal offense’’ and all that fol-
lows through the period at the end and insert-
ing ‘‘criminal offense.’’; 
(C) in paragraph (2)— 
(i) by striking ‘‘an aggravated felony’’ 
and inserting ‘‘a crime’’; and 
(ii) by striking ‘‘felon’’ and inserting 
‘‘alien’’; 
(D) in paragraph (3)(A)— 
(i) by striking ‘‘an aggravated felony’’ 
and inserting ‘‘a crime’’; and 
(ii) by striking ‘‘underlying aggra-
vated felony.’’ and inserting ‘‘underlying 
crime.’’; and 
(E) in paragraph (4), by striking ‘‘aggra-
vated felonies.’’ and inserting ‘‘crimes.’’; 
(3) in subsection (b)— 
(A) by striking the subsection heading and 
inserting ‘‘EXPEDITED REMOVAL
OF ALIENS 
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WHO ARE NOT PERMANENT RESIDENTS.—’’; 
and 
(B) in paragraph (1), by striking ‘‘de-
scribed in paragraph (2),’’ and all that follows 
through ‘‘felony)’’ and inserting ‘‘described in 
paragraph (2), determine the deportability of 
the alien under clause (iii) or (v) of section 
237(a)(2)(A)’’; 
(4) in the subsection (c) that relates to pre-
sumption of deportability, by inserting ‘‘or sentenced 
to a term of incarceration for a crime under State 
or Federal law’’ after ‘‘convicted of an aggravated 
felony’’; 
(5) by redesignating the subsection (c) that re-
lates to judicial removal as subsection (d); and 
(6) in subsection (d) (as so redesignated), by 
striking ‘‘241(a)(2)(A).’’ and inserting ‘‘237(a)(2).’’ 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Immigration and Nationality Act is amended by 
amending the item relating to section 238 to read as fol-
lows: 
‘‘Sec. 238. Expedited removal of aliens sentenced to incarceration.’’. 
SEC. 4. PROHIBITION ON USE OF FEDERAL FUNDS TO AS-
SIST INCARCERATION OF CRIMINAL ALIENS. 
A State or unit of local government may not use, for 
the benefit of State or local incarceration of aliens con-
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victed of a crime any portion of any Federal funds, unless 
the State or unit— 
(1) for each conviction of a person obtained by 
that State or unit, provides the Secretary of Home-
land Security with information adequate for the Sec-
retary to use in determining whether the person is 
lawfully present in the United States; and 
(2) for each person determined by the Secretary 
of Homeland Security pursuant to paragraph (1) to 
be unlawfully present in the United States, transfers 
custody of that person to the Secretary not later 
than— 
(A) the date on which that person’s term 
of imprisonment expires, if a term of imprison-
ment is imposed; or 
(B) the date of the person’s sentencing, if 
a term of imprisonment is not imposed. 
Æ 
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