(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.
(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.
(2)Changes in State and local laws, regulations,
and policies affecting the identification, prosecution,
and deportation of aliens who have committed 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.
SEC. 506. EXPEDITING CRIMINAL ALIEN DEPORTATION AND
EXCLUSION.
(a) CONVICTED DEFINED.—Section 241(a)(2) of the
Immigration and Nationality Act (8 U.S.C. 1251(a)(2))
is amended by adding at the end the following new sub-
paragraph:
‘‘(E) CONVICTED DEFINED.—In this para-
graph, the term ‘convicted’ means a judge or
jury has found the alien guilty or the alien has
entered a plea of guilty or nolo contendere,
whether or not the alien appeals therefrom.’’.
(b) DEPORTATION OF CONVICTED ALIENS.—
(1) IMMEDIATE DEPORTATION.—Section 242(h)
of such Act (8 U.S.C. 1252(h)) is amended—
(A) by striking ‘‘(h) An alien’’ and insert-
ing ‘‘(h)(1) Subject to paragraph (2), an alien’’;
and
(B) by adding at the end the following new
paragraph:
‘‘(2) An alien sentenced to imprisonment may be de-
ported prior to the termination of such imprisonment by
the release of the alien from confinement, if the Service
petitions the appropriate court or other entity with author-
ity concerning the alien to release the alien into the cus-
tody of the Service for execution of an order of deporta-
tion.’’.
(2) PROHIBITION
OF
REENTRY
INTO
THE
UNITED STATES.—Section 212(a)(2) of such Act (8
U.S.C. 1182(a)(2)) is amended—
(A) by redesignating subparagraph (F) as
subparagraph (G); and
(B) by inserting after subparagraph (E)
the following new subparagraph:
‘‘(F) ALIENS DEPORTED BEFORE SERVING
MINIMUM PERIOD OF CONFINEMENT.—In addi-
tion to any other period of exclusion which may
apply an alien deported pursuant to section
242(h)(2) is excludable during the minimum pe-
riod of confinement to which the alien was sen-
tenced.’’.
(c) EXECUTION OF DEPORTATION ORDERS.—Section
242(i) of such Act (8 U.S.C. 1252(i)) is amended by add-
ing at the end the following: ‘‘An order of deportation may
not be executed until all direct appeals relating to the con-
viction which is the basis of the deportation order have
been exhausted.’’.