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SEC. 11. MISCELLANEOUS PROVISIONS.
(a) USE OF ELECTRONIC AND TELEPHONIC MEDIA
IN DEPORTATION HEARINGS.—The second sentence of
section 242(b) of the Immigration and Nationality Act (8
U.S.C. 1252(b)) is amended by inserting before the period
the following: ‘‘; except that nothing in this subsection
shall preclude the Attorney General from authorizing pro-
ceedings by electronic or telephonic media (with the con-
sent of the alien) or, where waived or agreed to by the
parties, in the absence of the alien’’.
(b) CODIFICATION.—
(1) Section 242(i) of such Act (8 U.S.C.
1252(i)) is amended by adding at the end the follow-
ing: ‘‘Nothing in this subsection shall be construed
to create any substantive or procedural right or ben-
efit that is legally enforceable by any party against
the United States or its agencies or officers or any
other person.’’.
(2) Section 225 of the Immigration and Nation-
ality Technical Corrections Act of 1994 (Public Law
103–416) is amended by striking ‘‘and nothing in’’
and all that follows through ‘‘1252(i))’’.
(3) The amendments made by this subsection
shall take effect as if included in the enactment of
the Immigration and Nationality Technical Correc-
tions Act of 1994 (Public Law 103–416).
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SEC. 12. CONSTRUCTION OF EXPEDITED DEPORTATION RE-
QUIREMENTS.
No amendment made by this Act shall be construed
to create any substantive or procedural right or benefit
that is legally enforceable by any party against the United
States or its agencies or officers or any other person.
SEC. 13. STUDY OF PRISONER TRANSFER TREATY WITH
MEXICO.
(a) REPORT TO CONGRESS.—Not later than 180 days
after the date of the enactment of this Act, the Secretary
of State and the Attorney General shall submit to the Con-
gress a report that describes the use and effectiveness of
the Prisoner Transfer Treaty with Mexico (in this section
referred to as the ‘‘Treaty’’) to remove from the United
States aliens who have been convicted of crimes in the
United States.
(b) USE OF TREATY.—The report under subsection
(a) shall include the following information:
(1) The number of aliens convicted of a crimi-
nal offense in the United States since November 30,
1977, who would have been or are eligible for trans-
fer pursuant to the Treaty.
(2) The number of aliens described in para-
graph (1) who have been transferred pursuant to the
Treaty.
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(3) The number of aliens described in para-
graph (2) who have been incarcerated in full compli-
ance with the Treaty.
(4) The number of aliens who are incarcerated
in a penal institution in the United States who are
eligible for transfer pursuant to the Treaty.
(5) The number of aliens described in para-
graph (4) who are incarcerated in State and local
penal institutions.
(c) EFFECTIVENESS OF TREATY.—The report under
subsection (a) shall include the recommendations of the
Secretary of State and the Attorney General to increase
the effectiveness and use of, and full compliance with, the
Treaty. In considering the recommendations under this
subsection, the Secretary and the Attorney General shall
consult with such State and local officials in areas dis-
proportionately impacted by aliens convicted of criminal
offenses as the Secretary and the Attorney General con-
sider appropriate. Such recommendations shall address
the following areas:
(1) Changes in Federal laws, regulations, and
policies affecting the identification, prosecution, and
deportation of aliens who have committed a criminal
offense in the United States.
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(2) Changes in State and local laws, regula-
tions, and policies affecting the identification, pros-
ecution, and deportation of aliens who have commit-
ted a criminal offense in the United States.
(3) Changes in the Treaty that may be nec-
essary to increase the number of aliens convicted of
crimes who may be transferred pursuant to the
Treaty.
(4) Methods for preventing the unlawful re-
entry into the United States of aliens who have been
convicted of criminal offenses in the United States
and transferred pursuant to the Treaty.
(5) Any recommendations of appropriate offi-
cials of the Mexican Government on programs to
achieve the goals of, and ensure full compliance
with, the Treaty.
(6) An assessment of whether the recommenda-
tions under this subsection require the renegotiation
of the Treaty.
(7) The additional funds required to implement
each recommendation under this subsection.
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SEC. 14. JUSTICE DEPARTMENT ASSISTANCE IN BRINGING
TO JUSTICE ALIENS WHO FLEE PROSECU-
TION FOR CRIMES IN THE UNITED STATES.
(a) ASSISTANCE TO STATES.—The Attorney General,
in cooperation with the Commissioner of Immigration and
Naturalization and the Secretary of State, shall designate
an office within the Department of Justice to provide tech-
nical and prosecutorial assistance to States and political
subdivisions of States in efforts to bring to justice aliens
who flee prosecution for crimes in the United States.
(b) REPORT TO CONGRESS.—Not later than one year
after the date of the enactment of this Act, the Attorney
General shall compile and submit to the Congress a report
which assesses the nature and extent of the problem of
bringing to justice aliens who flee prosecution for crimes
in the United States.
SEC. 15. PRISONER TRANSFER TREATIES.
(a) NEGOTIATION.—Congress advises the President
to begin to negotiate and renegotiate, not later than 90
days after the date of the enactment of this Act, bilateral
prisoner transfer treaties. The focus of such negotiations
shall be to expedite the transfer of aliens unlawfully in
the United States who are incarcerated in United States
prisons, to ensure that a transferred prisoner serves the
balance of the sentence imposed by the United States
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courts, and to eliminate any requirement of prisoner con-
sent to such a transfer.
(b) CERTIFICATION.—The President shall submit to
the Congress, annually, a certification as to whether each
prisoner transfer treaty in force is effective in returning
aliens unlawfully in the United States who have committed
offenses for which they are incarcerated in the United
States to their country of nationality for further incarcer-
ation.
SEC. 16. INTERIOR REPATRIATION PROGRAM.
Not later than 180 days after the date of enactment
of this Act, the Attorney General and the Commissioner
of Immigration and Naturalization shall develop and im-
plement a program in which aliens who previously have
illegally entered the United States not less than 3 times
and are deported or returned to a country contiguous to
the United States will be returned to locations not less
than 500 kilometers from that country’s border with the
United States.
SECTION 17. DEPORTATION OF NONVIOLENT OFFENDERS
PRIOR TO COMPLETION OF SENTENCE OF IM-
PRISONMENT.
(a) IN GENERAL.—Section 242(h) of the Immigra-
tion and Nationality Act (8 U.S.C. 1252(h)) is amended
to read as follows:
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‘‘(h)(1) Except as provided in paragraph (2), an alien
sentenced to imprisonment may not be deported until such
imprisonment has been terminated by the release of the
alien from confinement. Parole, supervised release, proba-
tion, or possibility of rearrest or further confinement in
respect of the same offense shall not be a ground for defer-
ral of deportation.
‘‘(2) The Attorney General is authorized to deport an
alien in accordance with applicable procedures under this
Act prior to the completion of a sentence of imprison-
ment—
‘‘(A) in the case of an alien in the custody of
the Attorney General, if the Attorney General deter-
mines that (i) the alien is confined pursuant to a
final conviction for a nonviolent offense (other than
alien smuggling), and (ii) such deportation of the
alien is appropriate and in the best interest of the
United States; or
‘‘(B) in the case of an alien in the custody of
a State (or a political subdivision of a State), if the
chief State official exercising authority with respect
to the incarceration of the alien determines that (i)
the alien is confined pursuant to a final conviction
for a nonviolent offense (other than alien smug-
gling), (ii) such deportation is appropriate and in
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the best interest of the State, and (iii) submits a
written request to the Attorney General that such
alien be so deported.
‘‘(3) Any alien deported pursuant to this subsection
shall be notified of the penalties under the laws of the
United States relating to the reentry of deported aliens,
particularly the expanded penalties for aliens deported
under paragraph (2).’’.
(b) REENTRY OF ALIEN DEPORTED PRIOR TO COM-
PLETION OF TERM OF IMPRISONMENT.—Section 276 of
the Immigration and Nationality Act (8 U.S.C. 1326)
amended by adding at the end the following new sub-
section:
‘‘(c) Any alien deported pursuant to section
242(h)(2) who enters, attempts to enter, or is at any time
found in, the United States (unless the Attorney General
has expressly consented to such alien’s reentry) shall be
incarcerated for the remainder of the sentence of impris-
onment which was pending at the time of deportation
without any reduction for parole or supervised release.
Such alien shall be subject to such other penalties relating
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to the reentry of deported aliens as may be available under
this section or any other provision of law.’’.
Passed the House of Representatives February 10,
1995.
Attest:
Clerk.
104TH CONGRESS
1ST SESSION
H. R. 668
AN ACT
To control crime by further streamlining
deportation of criminal aliens.