Criminal Alien Deportation Act

Bill: 114-s-1752
Sponsor: full_name: Sen. McCain, John [R-AZ]
Introduced: 2015-07-13
Policy area: Immigration
Subjects: Administrative remedies

Border security and unlawful immigration

Congressional oversight

Criminal investigation, prosecution, interrogation

Department of Homeland Security

Department of Justice

Detention of persons

Government employee pay, benefits, personnel management

Immigration status and procedures

Judges

Lawyers and legal services
Latest action: action_date: 2015-07-13
text: Read twice and referred to the Committee on the Judiciary.

Summaries:
action_date: 2015-07-13
action_desc: Introduced in Senate
text: <p><strong>Criminal Alien Deportation Act</strong></p> <p>This bill amends the the Immigration and Nationality Act to require the detention of any alien who is: (1) unlawfully present in the United States; and (2) arrested for specified offenses, conviction of any of which would render the alien inadmissible or deportable.</p> <p>Release authority is transferred from the Department of Justice (DOJ) to the Department of Homeland Security (DHS), and amended to provide that DHS: </p> <ul> <li>may release an alien held pursuant to this Act to the appropriate authority for any proceedings subsequent to the arrest, </li> <li>shall resume custody of such alien during any period pending the final disposition of any such proceedings when the alien is not in the custody of the appropriate authority, and </li> <li>shall continue to detain until removal proceedings are completed any alien not convicted of the offense for which he or she was arrested.</li> </ul> <p>DHS shall complete removal proceedings for any such detained alien within 90 days. </p> <p>It shall be the goal of DOJ, DHS, and the Executive Office for Immigration Review to use funds authorized under this Act to resolve promptly cases pertaining to aliens inadmissible on specified criminal grounds.</p> <p>In order to help achieve this goal DOJ shall designate up to 100 temporary immigration judges and DHS shall hire 150 new immigration litigation attorneys. </p> <p>It is the sense of the Senate that:</p> <ul> <li>gains made in border security and positive trends in recidivism rates are of critical importance to those living and working in the border region and to the nation as a whole; </li> <li>refusing to prosecute first time illegal border crossers under Operation Streamline will jeopardize border security gains; </li> <li>border security steps that have led to improvement on the border, such as Operation Streamline, should be preserved; and </li> <li>appropriate executive branch officials should remove any issued or related prohibition, policy, or direction to cease prosecuting first time illegal border crossers under Operation Streamline.</li></ul>

tv_txt: II 114th CONGRESS 1st Session S. 1752 IN THE SENATE OF THE UNITED STATES July 13, 2015 Mr. McCain (for himself and Mr. Flake ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To enhance communication between Federal, State, tribal, and local jurisdictions and to ensure the rapid and effective deportation of certain criminal aliens.

1. Short title This Act may be cited as the Criminal Alien Deportation Act . 2. Mandatory detention and prompt removal of certain criminal aliens (a) Detention Section 236(c) of the Immigration and Nationality Act ( 8 U.S.C. 1226(c)(1) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A), by striking the comma at the end and inserting a semicolon; (B) in subparagraph (B), by striking the comma at the end and inserting a semicolon; (C) in subparagraph (C), by striking , or at the end and inserting a semicolon; (D) in subparagraph (D), by striking the comma at the end and inserting ; or ; and (E) by inserting after subparagraph (D) the following: (E) (i) is unlawfully present in the United States, as determined by the Secretary of Homeland Security; and (ii) is arrested for any offense described in subparagraphs (A) through (D), the conviction of which would render the alien inadmissible under section 212(a) or deportable under section 237(a), ; and (2) in paragraph (2)— (A) by striking The Attorney General and inserting the following: (A) In general Except as provided in subparagraph (C), the Secretary of Homeland Security ; (B) by striking Attorney General each place such term appears and inserting Secretary ; (C) by striking Code, that release and inserting the following: “Code, that— (i) release ; (D) by striking investigation, and the alien and inserting the following: “investigation; and (ii) the alien ; (E) by striking A decision relating to such release and inserting the following: (B) Decision procedure A decision relating to a release under subparagraph (A) ; and (F) by adding at the end the following: (D) Aliens who have been arrested, but not convicted The Secretary of Homeland Security may release any alien held pursuant to paragraph (1)(E) to the appropriate authority for any proceedings subsequent to the arrest. The Secretary shall resume custody of such alien during any period pending the final disposition of any such proceedings when the alien is not in the custody of such appropriate authority. If the alien is not convicted of the offense for which the alien was arrested, the Secretary shall continue to detain the alien until removal proceedings are completed. . (b) Prompt removal Section 239(d) of the Immigration and Nationality Act ( 8 U.S.C. 1229(d) ) is amended by adding at the end the following: (3) The Secretary of Homeland Security shall complete removal proceedings for any alien held pursuant to section 236(c)(1)(E) not later than 90 days after such alien is detained. . 3. Emergency immigration personnel (a) Goal It shall be the goal of the Attorney General, the Secretary of Homeland Security, and the Director of the Executive Office for Immigration Review to use the amounts appropriated pursuant to subsection (d) to bring a prompt resolution to immigration cases pertaining to aliens who are inadmissible under section 212(a)(2) or 237(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) and 1227(a)). (b) Emergency immigration judges (1) Designation Not later than 14 days after the date of the enactment of this Act, the Attorney General shall designate up to 100 temporary immigration judges, for renewable 6-month terms, including by hiring retired immigration judges, magistrate judges, administrative law judges, or other qualified attorneys using the same criteria as applied to the hiring of permanent immigration judges. (2) Requirement The Attorney General shall ensure that sufficient immigration judge resources are dedicated to achieving the goal described in subsection (a). (c) Immigration litigation attorneys The Secretary of Homeland Security shall hire 150 new immigration litigation attorneys in the Field Legal Operations of U.S. Immigration and Customs Enforcement to ensure that the goal described in subsection (a) is achieved. (d) Authorization of appropriations There is authorized to be appropriated $100,000,000 to carry out this section. 4. Sense of the Senate regarding the prosecution of first time illegal border crossers It is the sense of the Senate that— (1) gains made in border security and positive trends in recidivism rates are of critical importance to those living and working in the border region and to the Nation as a whole; (2) refusing to prosecute first time illegal border crossers under Operation Streamline will jeopardize border security gains; (3) the border security steps that have led to some measure of improvement on the border, such as the historical implementation of Operation Streamline, should be preserved; and (4) appropriate officials of the executive branch should immediately remove any issued or related prohibition, policy, guidance, or direction to cease prosecuting first time illegal border crossers under Operation Streamline. 5. Reporting requirements (a) Report required Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Homeland Security shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that includes the information specified in subsection (b). (b) Contents The report required under subsection (a) shall describe— (1) the number of aliens currently present in the United States who have ever been arrested for a criminal offense; (2) the number of aliens currently present in the United States who have ever been convicted of a criminal offense; (3) the number of aliens with final orders of removal who are currently present in the United States and of such aliens— (A) how many have ever been arrested for any criminal offense; and (B) how many have ever been convicted for any criminal offense; (4) the number of detainers that were issued by the Department of Homeland Security during the previous fiscal year and the number of such detainers that were honored; and (5) during the previous fiscal year— (A) the number of aliens who were deported not later than 90 days after being detained by U.S. Immigration and Customs Enforcement, as required under section 239(d)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1229(d) ) and the criminal offenses of such aliens; (B) of the aliens who should have been deported under such section and were not deported within 90 days of detention— (i) the reasons the aliens were not deported; and (ii) the criminal offenses of such aliens; and (C) of the aliens who were released from the custody of U.S. Immigration and Customs Enforcement and not deported— (i) the number of such aliens; (ii) the criminal offenses committed by such aliens; (iii) the conditions of their release; (iv) the number of aliens who committed a crime after being released from custody; and (v) a list of crimes committed by such aliens.