I 
109TH CONGRESS 
1ST SESSION H. R. 2865 
To amend the Immigration and Nationality Act to restore certain provisions 
relating to the definition of aggravated felony and other provisions as 
they were before the enactment of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 13, 2005 
Mr. FILNER (for himself, Mr. PASTOR, Mr. GRIJALVA, Mr. SERRANO, and Mr. 
MCDERMOTT) introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To amend the Immigration and Nationality Act to restore 
certain provisions relating to the definition of aggravated 
felony and other provisions as they were before the enact-
ment of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996. 
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 
‘‘Keeping Families Together Act of 2005’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows:
Sec. 1. Short title; table of contents. 
Sec. 2. Restoration of definition of aggravated felony (repeal of section 321 of 
IIRIRA). 
Sec. 3. Restoration of detention policy. 
Sec. 4. Repeal of time stop provisions. 
Sec. 5. Repeal of section 101(a)(48). 
Sec. 6. Restoration of section 212(c). 
Sec. 7. Restoration of judicial review provisions. 
Sec. 8. Post-proceeding relief for affected aliens. 
SEC. 2. RESTORATION OF DEFINITION OF AGGRAVATED 
FELONY (REPEAL OF SECTION 321 OF IIRIRA). 
(a) IN GENERAL.—Effective as if included in the en-
actment of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (division C of Public Law 104– 
208), section 321 of such Act is repealed and the provi-
sions of law amended by such section are restored as if 
such section had not been enacted. 
(b) RESTORATION
OF RIGHTS.—Any alien whose 
legal permanent resident status, application for permanent 
residence, or application for cancellation of removal, was 
affected by the changes in the definition of ‘‘aggravated 
felony’’ made by such section 321 may apply to the Sec-
retary of Homeland Security to be considered for adjust-
ment of status or cancellation of removal in conformance 
with the provisions of section 101(a)(43) of the Immigra-
tion and Nationality Act, as restored by subsection (a). 
SEC. 3. RESTORATION OF DETENTION POLICY. 
(a) IN GENERAL.—Section 236(c) of the Immigration 
and Nationality Act (8 U.S.C. 1226(c)) is amended to 
read as follows:
‘‘(c) DETENTION OF CRIMINAL ALIENS.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security shall take into custody any alien convicted 
of an aggravated felony upon release of the alien (re-
gardless of whether or not such release is on parole, 
supervised release, or probation, and regardless of 
the possibility of rearrest or further confinement in 
respect of the same offense). Notwithstanding sub-
section (a) or section 241(a) but subject to para-
graph (2), the Secretary of Homeland Security shall 
not release such felon from custody. 
‘‘(2) NON-RELEASE.—The Secretary of Home-
land Security may not release from custody any who 
has been convicted of an aggravated felony, either 
before or after a determination of removability, un-
less— 
‘‘(A)(i) the alien was lawfully admitted, or 
‘‘(ii) the alien was not lawfully admitted 
but the alien cannot be removed because the 
designated country of removal will not accept 
the alien; and 
‘‘(B) the alien satisfies the Secretary of 
Homeland Security that the alien will not pose 
a danger to the safety of other persons or of
property and is likely to appear for any sched-
uled proceeding.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall be effective as if included in the Illegal 
Immigration Reform and Immigrant Responsibility Act of 
1996. 
SEC. 4. REPEAL OF TIME STOP PROVISIONS. 
(a) IN GENERAL.—Section 240A(d) of the Immigra-
tion and Nationality Act (8 U.S.C. 1229b(d)) is repealed. 
(b) EFFECTIVE DATE.—The repeal made by sub-
section (a) shall be effective as if included in the enact-
ment of subtitle A of title III of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996. 
SEC. 5. REPEAL OF SECTION 101(A)(48). 
(a) IN
GENERAL.—Paragraph (48) of section 
101(a)(48) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)) is repealed. 
(b) EFFECTIVE DATE.—The repeal made by sub-
section (a) shall take effect as if included in the enactment 
of section 322(a) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996. 
SEC. 6. RESTORATION OF SECTION 212(C). 
(a) IN GENERAL.—Section 212 of the Immigration 
and Nationality Act (8 U.S.C. 1182) is amended by insert-
ing after subsection (b) the following new subsection: