I
104TH CONGRESS
1ST SESSION
H. R. 205
To require the Federal Government to incarcerate or to reimburse State
and local governments for the cost of incarcerating criminal aliens.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 4, 1995
Mr. CONDIT (for himself, Mrs. THURMAN, Mr. CUNNINGHAM, and Mr.
CANADY of Florida) introduced the following bill; which was referred to
the Committee on the Judiciary
A BILL
To require the Federal Government to incarcerate or to
reimburse State and local governments for the cost of
incarcerating criminal aliens.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Criminal Aliens
Federal Responsibility Act of 1995’’.
tody of the Service for execution of an order of deporta-
tion.’’.
(2) PROHIBITION OF REENTRY INTO THE UNIT-
ED
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.—An alien
deported pursuant to section 242(h)(2) is ex-
cludable during the minimum period of confine-
ment to which the alien was sentenced.’’.
(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.’’.
SEC. 4. DETENTION OF ALIENS SUBJECT TO DEPORTATION
ON 
CRIMINAL 
AND 
SECURITY 
GROUNDS
PENDING DEPORTATION PROCEEDINGS.
(a) APPREHENSION AND DEPORTATION OF ALIENS
SUBJECT TO DEPORTATION ON CRIMINAL OR SECURITY
GROUNDS.—Section 242(a) of the Immigration and Na-
tionality Act (8 U.S.C. 1252(a)) is amended—
(1) in the second sentence of paragraph (1) by
striking ‘‘paragraph (2),’’ and inserting ‘‘paragraphs
(2) and (4),’’; and
(2) by adding at the end the following new
paragraph:
‘‘(4) Pending a determination of deportability in the
case of any alien subject to deportation for criminal of-
fenses or security and related grounds pursuant to para-
graphs (2) and (4) of section 241(a), the Attorney General
shall—
‘‘(A) upon warrant of the Attorney General, ar-
rest and take into custody the alien pending a final
determination of deportability; or
‘‘(B) take the alien into custody upon release of
the alien from incarceration (regardless of whether
or not such release is on parole, supervised release,
or probation, and regardless of the possibility of re-
arrest or further confinement in respect of the same
offense) pending a final determination of deportabil-
ity.
Notwithstanding paragraph (1) or subsection (c) and (d),
the Attorney General shall not release such alien from
custody.’’.
(b) MANDATORY DETENTION OF AGGRAVATED FEL-
ONS PENDING DETERMINATION OF DEPORTABILITY.—
Section 242(a)(2) of such Act is further amended—
(1) by striking subparagraph (B); and
(2) in subparagraph (A)—
(A) by striking ‘‘(2)(A)’’ and inserting
‘‘(2)’’, and
(B) in the second sentence—
(i) by striking ‘‘but subject to sub-
paragraph (B)’’, and
(ii) by inserting before the period
‘‘pending a final determination of deport-
ability’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of the enactment
of this Act and shall apply to aliens with respect to whom
a deportation proceeding is initiated more than 60 days
after the date of the enactment of this Act.
SEC. 5. PRISONER TRANSFER TREATY PROGRAM.
Not later than 90 days after the date of the enact-
ment of this Act, the Attorney General shall submit to
the Congress a report on ways to expand bilateral prisoner
transfer treaties. Such report shall consider the feasibility
of subsidizing the Government of Mexico for costs associ-
ated with the incarceration of Mexican nationals returned
to Mexico pursuant to such a treaty and methods of verify-
ing that prisoners transferred pursuant to such treaties
are serving adequate terms of imprisonment upon trans-
fer.
SEC. 6. INTERIOR REPATRIATION PROGRAM.
Not later than 90 days after the date of the enact-
ment of this Act, in cooperation with the Government of
Mexico the Attorney General shall implement a program
of interior repatriation of criminal aliens who are deported
or voluntarily repatriated to Mexico.
SEC. 7. INS CLEARINGHOUSE CONCERNING CRIMINAL
ALIENS.
Not later than 90 days after the date of the enact-
ment of this Act, the Immigration and Naturalization
Service shall develop a uniform and sound methodology
for collecting information concerning criminal aliens incar-
cerated in local and State jails, including the number of
such aliens.
Æ