Community Protection Act of 2006

Bill: 109-hr-6094
Sponsor: Rep. Sensenbrenner, F. James, Jr. [R-WI-5]
Introduced: 2006-09-19 in the House
Policy area: Immigration
Subjects: Administrative procedure
Administrative remedies
Aliens
Appellate procedure
Armed Forces and National Security
Automobile theft
Burglary
Communicable diseases
Congress
Congressional oversight
Congressional reporting requirements
Conspiracy
Crime and Law Enforcement
Criminal aliens
Department of Homeland Security
Department of Justice
Deportation
Detention of persons
Drug abuse
Drug traffic
Evidence (Law)
Explosives
Firearms
Gangs
Government Operations and Politics
Habeas corpus
Health
Identity theft
Illegal aliens
Imprisonment
Injunctions
International Affairs
Judicial review
Larceny
Law
Legislation
Money laundering
Obstruction of justice
Organized crime
Parole
Right of asylum
Smuggling
Transportation and Public Works
Violence

Summary:
action_date: 2006-09-19
text: 
Community Protection Act of 2006 - Amends the Immigration and Nationality Act to permit indefinite detention of specified dangerous aliens under orders of removal who cannot be removed, subject to review every six months. States that habeas corpus review of such provisions shall be available only in the U.S. District Court for the District of Columbia after exhaustion of administrative remedies. 
 
Requires that a detention review process be established for aliens under order of removal who have effected an entry and are cooperating with removal. 
 
Authorizes indefinite detention of an inadmissible alien until such alien is subject to an administrative final order of removal. States that habeas corpus review of such provision shall be available only in the U.S. District Court for the District of Columbia after exhaustion of administrative remedies. 
 
Provides for expedited removal of aliens removable on criminal grounds.
 
Makes an alien inadmissible for U.S. entry if: (1) such alien has been deported for criminal street gang participation; or (2) the consular officer or the Secretary of Homeland Security knows or has reasonable grounds to believe that such alien is a member of a criminal street gang seeking U.S. entry in furtherance of gang-related crimes or activities or is a member of a designated criminal street gang. 
 
Defines: (1) criminal street gang; and (2) gang crime. 
 
Makes an alien deportable who: (1) is a street gang member convicted of committing or attempting to commit a gang crime; or (2) is determined by the Secretary to be a member of a designated criminal street gang. 
 
Authorizes the Attorney General to designate a group or association as a criminal street gang. Requires the Attorney General to provide specified congressional leaders with prior notice of, and the factual basis for, such designation. 
 
Provides for revocation of such designation by: (1) an Act of Congress; (2) the Attorney General's review based upon changed circumstances or national security; or (3) judicial appeal or petition to the Attorney General by a gang or association so designated. 
 
Requires mandatory detention of aliens subject to removal based upon criminal street gang membership. 
 
Makes such aliens ineligible for asylum and protection from removal to certain countries.

action_date: 2006-09-21
text: 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

 
Community Protection Act of 2006 - 
Title I: Dangerous Alien Detention Act of 2006
 - (Sec. 101) Amends the Immigration and Nationality Act to permit indefinite detention of specified dangerous aliens under orders of removal who cannot be removed, subject to review every six months. States that habeas corpus review of such provisions shall be available only in the U.S. District Court for the District of Columbia after exhaustion of administrative remedies.
 
Authorizes the Secretary of Homeland Security to: (1) detain an alien subject to an administrative final order of removal who has been granted a stay of removal during the pendency of such stay; and (2) parole an alien ordered removed and provide that such alien not be detained unless removal becomes foreseeable or the alien violates parole conditions.
 
Requires that a detention review process be established for aliens under order of removal who have effected an entry and are cooperating with removal. 
 
(Sec. 102) Authorizes indefinite detention of an inadmissible alien until such alien is subject to an administrative final order of removal. States that habeas corpus review of such provision shall be available only in the U.S. District Court for the District of Columbia after exhaustion of administrative remedies. 
 

Title II: Criminal Alien Removal Act 
- (Sec. 201) Provides for expedited removal of aliens removable on criminal grounds.
 

Title III: Alien Gang Removal Act of 2006 
- (Sec. 301) Makes an alien inadmissible for U.S. entry if: (1) such alien has been deported for criminal street gang participation; or (2) the consular officer or the Secretary knows or has reasonable grounds to believe that such alien is a member of a criminal street gang seeking U.S. entry in furtherance of gang-related crimes or activities or is a member of a designated criminal street gang. 
 
Defines: (1) criminal street gang; and (2) gang crime. 
 
Makes an alien deportable who: (1) is a street gang member convicted of committing or attempting to commit a gang crime; or (2) is determined by the Secretary to be a member of a designated criminal street gang. 
 
Authorizes the Attorney General to designate a group or association as a criminal street gang. Requires the Attorney General to provide specified congressional leaders with prior notice of, and the factual basis for, such designation. 
 
Provides for revocation of such designation by: (1) an Act of Congress; (2) the Attorney General's review based upon changed circumstances or national security; or (3) judicial appeal or petition to the Attorney General by a gang or association so designated. 
 
(Sec. 302) Requires mandatory detention of aliens subject to removal based upon criminal street gang membership. 
 
(Sec. 303) Makes such aliens ineligible for asylum and protection from removal to certain countries.


Legislative actions:
action_date: 2006-09-21
text: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
action_date: 2006-09-21
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2006-09-21
text: On passage Passed by the Yeas and Nays: 328 - 95 (Roll no. 465). (text: CR H6869-6872)
action_date: 2006-09-21
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 328 - 95 (Roll no. 465).(text: CR H6869-6872)
action_date: 2006-09-21
text: On motion to table the motion to appeal the ruling of the chair Agreed to by the Yeas and Nays: 225 - 195 (Roll no. 464).
action_date: 2006-09-21
text: Mr. Sensenbrenner moved to table the motion to appeal the ruling of the chair
action_date: 2006-09-21
text: Mr. Gutierrez appealed the ruling of the chair. The question was then put on sustaining the ruling of the chair.
action_date: 2006-09-21
text: Mr. Sensenbrenner raised a point of order against the motion to recommit with instructions. Mr. Sensenbrenner stated that the provisions of the instructions were not germane to the bill. Sustained by the Chair.
action_date: 2006-09-21
text: Point of order sustained against the motion to recommit with instructions.
action_date: 2006-09-21
text: DEBATE - The House proceeded with 10 minutes of debate on the Gutierrez motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment inserting a new section entitled Provision of Additional Resources to Apprehend Criminal Aliens.
action_date: 2006-09-21
text: Mr. Gutierrez moved to recommit with instructions to Judiciary. (consideration: CR H6876; text: CR H6876)
action_date: 2006-09-21
text: The previous question was ordered pursuant to the rule. (consideration: CR H6876)
action_date: 2006-09-21
text: DEBATE - The House proceeded with one hour of debate on H.R. 6094.
action_date: 2006-09-21
text: Rule provides for consideration of H.R. 4830, H.R. 6094 and H.R. 6095. In each case, the bill shall be considered as read; no amendments shall be in order; and the previous question shall be considered as ordered to final passage, without intervening motion, except one motion to recommit.
action_date: 2006-09-21
text: Considered under the provisions of rule H. Res. 1018. (consideration: CR H6869-6879)
action_date: 2006-09-20
text: Rules Committee Resolution H. Res. 1018 Reported to House. Rule provides for consideration of H.R. 4830, H.R. 6094 and H.R. 6095. In each case, the bill shall be considered as read; no amendments shall be in order; and the previous question shall be considered as ordered to final passage, without intervening motion, except one motion to recommit.
action_date: 2006-09-19
text: Referred to the House Committee on the Judiciary.
action_date: 2006-09-19
text: Introduced in House
action_date: 2006-09-19
text: Introduced in House