I 
108TH CONGRESS 
1ST SESSION H. R. 3115
To prevent a State or unit of local government from using Federal funds 
to assist prosecutors unless the State or unit provides information to 
the Department of Homeland Security on individuals convicted of crimes 
for use by the Department in identifying immigration violations by such 
individuals, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 17, 2003
Mr. FOSSELLA introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To prevent a State or unit of local government from using 
Federal funds to assist prosecutors unless the State or 
unit provides information to the Department of Home-
land Security on individuals convicted of crimes for use 
by the Department in identifying immigration violations 
by such individuals, 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. PROHIBITION ON USE OF FEDERAL FUNDS TO 
ASSIST PROSECUTORS. 
A State or unit of local government may not use, for 
the benefit of State or local prosecutors, 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 Department of 
Homeland Security with information adequate for 
the Department to use in determining whether the 
person is lawfully present in the United States; and 
(2) for each person determined by the Depart-
ment of Homeland Security pursuant to paragraph 
(1) to be unlawfully present in the United States, 
transfers custody of that person to the Department 
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. 
SEC. 2. DETENTION OF CRIMINAL ALIENS. 
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’’; 
(2) in subparagraph (D), by adding ‘‘or’’ at the 
end; and
(3) by inserting after subparagraph (D) the fol-
lowing: 
‘‘(E) has been convicted of any Federal or 
State offense and is deportable on any 
ground,’’. 
SEC. 3. EXPEDITED REMOVAL OF INADMISSIBLE CRIMINAL 
ALIENS. 
(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 
CONVICTED OF CRIMES’’; 
(2) in the first sentence of subsection (a)(1), by 
striking ‘‘covered in’’ through ‘‘241(a)(2)(A)(i)’’; 
(3) in subsection (a)(3)—
(A) by striking ‘‘an aggravated felony’’ and 
inserting ‘‘a crime’’; and 
(B) by striking ‘‘aggravated felony.’’ and 
inserting ‘‘crime.’’; and 
(4) in subsection (c)(2)(B), by striking ‘‘the 
crime or crimes which make the defendant deport-
able under section 241(a)(2)(A).’’ and inserting ‘‘the 
ground or grounds for removing the alien from the 
United States.’’.
(b) CLERICAL AMENDMENT.—The table of contents 
of 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 convicted of crimes.’’.
Æ