A bill to require that certain aliens receive written notice of removal proceedings before being granted parole or released from detention and to enumerate the possible consequences for failing to attend such proceedings.
Bill: S.1007 | Sponsor: Sen. Tuberville, Tommy (R-AL)
Policy area: Immigration

Summary:
This bill increases the penalties for an alien who fails to appear at a removal proceeding and modifies related procedures.
Currently, an alien who misses a required removal proceeding shall be ordered removed from the United States if U.S. Immigration and Customs Enforcement proves that the alien had received written notice to appear at the removal proceeding. If an alien in Department of Justice or Department of Homeland Security custody is required to attend a removal proceeding, this bill requires DOJ or DHS to issue such a written notice to the alien before removing or paroling that alien from its custody.
Furthermore, under this bill, an alien who fails to attend a required removal proceeding after receiving written notice shall lose any immigration status or benefit the alien may have, absent exceptional circumstances.

To require that certain aliens receive written notice of removal 
proceedings before being granted parole or released from detention and 
   to enumerate the possible consequences for failing to attend such 
                              proceedings.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. WRITTEN NOTICE OF REMOVAL PROCEEDINGS.

    (a) In General.--Section 235(b) of the Immigration and Nationality 
Act (8 U.S.C. 1225(b)) is amended by adding at the end the following:
            ``(4) Written notice.--An alien described in this 
        subsection shall not be granted parole or released from 
        detention by the Attorney General or the Secretary of Homeland 
        Security without having been provided a written notice under 
        paragraph (1) or (2) of section 239(a) that--
                    ``(A) informs the alien that he or she is required 
                to appear before an immigration judge for removal 
                proceedings; and
                    ``(B) identifies the specific date on which such 
                proceedings will take place.''.
    (b) Consequences for Failure To Attend Hearing.--Section 
240(b)(5)(A) of the Immigration and Nationality Act (8 U.S.C. 
1229a(b)(5)(A)) is amended--
            (1) by striking ``Any alien'' and inserting the following:
                            ``(i) Removal.--Any alien'';
            (2) by striking ``the Service'' and inserting ``U.S. 
        Immigration and Customs Enforcement''; and
            (3) by adding at the end the following:
                            ``(ii) Additional consequences for failure 
                        to attend proceeding.--Absent exceptional 
                        circumstances, the failure of an alien to 
                        attend a proceeding referred to in clause (i) 
                        shall result in the immediate termination of--
                                    ``(I) the alien's parole;
                                    ``(II) deferred action;
                                    ``(III) temporary protected status 
                                under section 244;
                                    ``(IV) any other immigration 
                                status; and
                                    ``(V) any employment authorization 
                                associated with any status set forth in 
                                subclauses (I) through (IV).''.
    (c) Savings Provision.--None of the amendments made by this Act may 
be construed as authorizing the parole or release of any alien if such 
parole or release is not otherwise expressly authorized by law.
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