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106th CONGRESS

2d Session

H. R. 5293

To amend the Immigration and Nationality Act to improve provisions relating to inadmissibility and detention of, and cancellation of removal for, aliens who have committed crimes, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

September 26, 2000

Mr. SMITH of Texas introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

To amend the Immigration and Nationality Act to improve provisions relating to inadmissibility and detention of, and cancellation of removal for, aliens who have committed crimes, and for other purposes.

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

SECTION 1. RENDERING ALIENS CONVICTED OF AN AGGRAVATED FELONY OR A FIREARM OFFENSE INADMISSIBLE.

(a) IN GENERAL- Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end the following:

`(H) AGGRAVATED FELONY-

`(i) IN GENERAL- Any alien who is convicted of an aggravated felony is inadmissible.

`(ii) WAIVER AUTHORIZED- Clause (i) shall not apply in the case of an alien with respect to a criminal conviction if the alien subsequent to the criminal conviction has been granted a full and unconditional pardon by the President of the United States or by the Governor of any of the several States.

`(I) CERTAIN FIREARM OFFENSES- Any alien who is convicted under any law of purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon, part, or accessory which is a firearm or destructive device (as defined in section 921(a) of title 18, United States Code) in violation of any law is inadmissible.'.

(b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply to convictions entered on or after the date of the enactment of this Act.

SEC. 2. LIMITATION ON WAIVER OF INADMISSIBILITY FOR CRIMINAL ALIENS UNLAWFULLY PRESENT IN THE UNITED STATES.

(a) IN GENERAL- Section 212(h) of the Immigration and Nationality Act (8 U.S.C. 1182(h)) is amended by inserting before the final sentence the following:

`No waiver shall be granted under this subsection in the case of any alien who is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled if either the alien has been convicted of an aggravated felony committed in the United States or the alien has not resided continuously in the United States for a period of not less than 7 years immediately preceding the date of initiation of proceedings to remove the alien from the United States.'.

(b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply to waivers granted on or after the date of the enactment of this Act.

SEC. 3. INADMISSIBILITY AND INELIGIBILITY FOR FINDING OF GOOD MORAL CHARACTER FOR ALIENS WHO MAKE MISREPRESENTATIONS TO PROCURE BENEFITS FOR OTHERS.

(a) INADMISSIBILITY- Section 212(a)(6)(C)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)) is amended by striking `this Act' and inserting `this Act, for himself, herself, or any other alien,'.

(b) INELIGIBILITY FOR FINDING OF GOOD MORAL CHARACTER- Section 101(f)(6) of the Immigration and Nationality Act (8 U.S.C. 1101(f)(6)) is amended to read as follows:

`(6) one who, by fraud or willfully misrepresenting a material fact, has sought to procure or has procured a visa, other documentation, or admission into the United States or other benefit provided under this Act, for himself, herself, or any other alien;'.

(c) EFFECTIVE DATE- The amendments made by this section shall apply to misrepresentations made on or after the date of the enactment of this Act.

SEC. 4. TERMINATION OF CONTINUOUS PRESENCE FOR PURPOSES OF CANCELLATION OF REMOVAL UPON COMMISSION OF OFFENSE RENDERING ALIEN INADMISSIBLE OR DEPORTABLE.

(a) IN GENERAL- Section 240A(d)(1) of the Immigration and Nationality Act (8 U.S.C. 1229b(d)(1)) is amended by striking `referred to in section 212(a)(2)'.

(b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply to aliens who are in proceedings under the Immigration and Nationality Act on or after the date of the enactment of this Act if those proceedings have not resulted in a final administrative order before such date.

SEC. 5. DETENTION AND RELEASE OF CRIMINAL ALIENS PENDING REMOVAL DECISION.

(a) ARREST AND DETENTION-

(1) IN GENERAL- Section 236(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1226(c)(1)) is amended--

(1) by striking the matter preceding subparagraph (A) and inserting the following:

`(1) ARREST AND DETENTION- On a warrant issued by the Attorney General, an alien shall be arrested and detained pending a decision on whether the alien is to be removed from the United States if the Attorney General alleges that the alien--';

(2) in subparagraph (D), by striking the comma at the end and inserting a period; and

(3) by striking the matter following subparagraph (D) and adding at the end the following:

`Nothing in this paragraph shall be construed as requiring the Attorney General to arrest or detain an alien who is sentenced to a term of imprisonment until the alien is released from imprisonment, but parole, supervised release, probation, or possibility of arrest or further imprisonment is not a reason for the Attorney General to defer arrest and detention under this paragraph.'.

(2) EFFECTIVE DATE- The amendments made by paragraph (1) shall apply to aliens who are in proceedings under the Immigration and Nationality Act on or after the date of the enactment of this Act if those proceedings have not resulted in a final administrative order before such date.

(b) RELEASE-

(1) IN GENERAL- Section 236(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1226(c)(2)) is amended by adding at the end the following:

`The Attorney General may release an alien under this paragraph only on bond of at least $2,000 with security approved by, and containing conditions prescribed by, the Attorney General.'.

(2) EFFECTIVE DATE- The amendment made by paragraph (1) shall apply to releases occurring on or after the date of the enactment of this Act.

END

 


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