Sec. 6. Keeping criminal aliens off of the streets
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/bill/113/hr/5316/ih/section-6A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In section 241(a)(1)(A) of the Immigration and Nationality Act, strike Attorney General and insert Secretary of Homeland Security . In section 241(a)(1)(B) of the Immigration and Nationality Act, strike following: and insert following, if the alien is in the custody of the Secretary on the date in question, and if the alien is not yet in the custody of the Secretary, then the removal period will start on the day the alien is taken into custody of the Secretary after the latest of the following: .
Strike section 241(a)(1)(C) of the Immigration and Nationality Act, and replace with: The removal period shall be extended beyond a period of 90 days and the alien may remain in detention during such extended period if: The alien fails or refuses to make timely application in good faith for travel or other documents necessary to the alien’s departure or conspires or acts to prevent the alien’s removal subject to an order of removal, or in any other way fails or refuses to fully cooperate with the Secretary of Homeland Security’s efforts to carry out the removal order.
Any court, immigration judge or the Board of Immigration Appeals orders a stay of the alien’s removal. Another agency takes custody of the alien. . In section 241(a)(1)(2) of the Immigration and Nationality Act, strike Attorney General each time it appears and replace with Secretary of Homeland Security . Strike section 241(a)(3) of the Immigration and Nationality Act and replace with: If the alien does not leave or is not removed within the removal period, or is not detained pursuant to paragraph
(8)of this subsection, the alien pending removal shall be subject to supervision under regulations prescribed by the Secretary of Homeland Security. The regulations shall include provisions: Requiring the alien— to appear before an immigration officer monthly for identification, and to be eligible for placement in detention again if an appearance is missed; to give information under oath about the alien’s nationality, circumstances, habits, associations, and activities, and other information the Secretary of Homeland Security considers appropriate; and to obey reasonable restrictions on the alien’s conduct or activities that the Secretary of Homeland Security prescribes for the alien through regulations. The Secretary of Homeland Security must ensure— that the alien’s whereabouts are continually monitored electronically to prevent the alien absconding; that local law enforcement are notified upon the alien’s settlement in a community of the alien’s arrival and known criminal history; and that any other reasonable precautions in light of the alien’s circumstances of release are taken for the protection of the community, at the Federal Government’s expense. . In section 241(a)(4) of the Immigration and Nationality Act, strike Attorney General each time it appears and replace with Secretary of Homeland Security . In section 241(a)(6) of the Immigration and Nationality Act, insert following comply with the order of removal , , in accordance with the procedures in paragraph
(8). Insert after paragraph (7): The Secretary of Homeland Security shall establish an administrative review process through the rulemaking process, available only to those aliens who are not otherwise subject to mandatory detention, to determine whether and how to release those aliens who have received a final order of removal, and have made all reasonable efforts to comply, including fully cooperating with the Secretary of Homeland Security, but the United States has been unable to return to the alien’s country of origin. The Secretary will have the authority to detain the alien for 90 days beyond the removal period even if this review process is not instituted. At the end of the removal period, the Secretary shall indicate in writing if the review process should be initiated. The first hearing to determine whether the alien should be released shall be held within 90 days after the Secretary indicates the review process shall be initiated. Both the Secretary and the alien shall be able to present evidence during this review process. There will be further hearings every 180 days to determine whether the alien should remain in detention or, if released, be again detained, until the alien is removed from the United States or otherwise leaves the country. During the review process, the alien may continue to be detained, or, if released, shall be detained again, if evidence is presented at the first or subsequent hearing that— there is still any significant likelihood the alien may be removed, the alien has a highly contagious disease that poses a threat to public safety, the Secretary of State says release would have adverse foreign policy consequences, there is reason to believe based on classified information that releasing the alien would threaten the security of the United States, the release of the alien would threaten the safety of the community or any individual, conditions of release cannot be expected to ensure the safety of the community, the alien has committed any aggravated felonies as defined in section 101(a)(43)(A) of this Act, or a crime of violence as defined in 16 U.S.C. 18 , or because of a mental condition the alien is likely to commit a crime of violence or threaten the safety of himself or any other person. The review will allow one administrative appeal of the outcome of the hearing. After the alien has exhausted his administrative remedies, review of the outcome will only be available through habeas corpus proceedings under the U.S. District Court for the District of Columbia. If the review determines that the alien should be released, the Secretary of Homeland Security shall provide notice to the chief law enforcement officers of the State and local jurisdiction in which the alien is released of the identity of the alien and the circumstances which under which he or she was not able to be removed or detained, and will describe what sanctions, if any, have been applied to the alien’s country, if the alien has not been removed because that country has refused to accept the alien. . Strike section 243(d) of the Immigration and Nationality Act ( 8 U.S.C. 1253(d) ) and replace with the following: If a country for more than 60 days after receiving a request from an official of the United States who is authorized to make such a request refuses to accept an alien who is a citizen, national, subject, or resident, that country will be considered to be refusing or unreasonably delaying repatriation. Within 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall prepare, publish publicly to the Department of Homeland Security Website, and submit to Congress a report listing for each month the following: The number of aliens without lawful status or presence released from the custody of the Department of Homeland Security with criminal convictions or arrests, including a list of the crimes for which each alien was convicted or arrested, the reason for the release from custody, and the detention status of each alien. The number of aliens without lawful status or presence that come from a country, which, in the previous six months, refused or unreasonably delaying repatriating its citizens, nationals, subjects, or residents, and will include the total number of aliens from each country that has refused or delayed repatriation, the detention status of each of these aliens, and the criminal record of each of these aliens. Following the first report, the Secretary shall submit subsequent reports annually. If the Secretary of Homeland Security misses the deadline for submitting one of these reports by more than 90 days, any American citizen has a cause of action in the United States District Court against the Secretary to compel the Secretary to publish the late report. Not later than 60 days after the first report has been submitted, and for each report thereafter, the Secretary of State may not issue a visa to any citizen, national, subject, or resident of a country listed in the report. This subsection will apply to the country until a report pursuant to subsection
(2)of this section is submitted to Congress or the Secretary of Homeland Security otherwise certifies that the country no longer meets the requirements to be listed in the report, and the country has issued appropriate travel documents to and accepted every alien listed in a report that they have refused. If the State Department should issue a visa to a citizen, national, subject, or resident when it is not legal to do so under this section, that visa shall be null and void under law. If a State Department issues a visa when it is not legal to do so under this section, employees of the State Department shall no longer be eligible for bonuses or salary increases until it has revoked all such unlawful visas and stopped issuing such visas. If a country listed in the report has any favored or preferred status in a trade agreement with the United States, the country will lose that status. This sanction will apply to the country until another report is submitted to Congress or the Secretary of Homeland Security otherwise certifies that the country no longer meets the requirements to be listed in the report, and the country has issued appropriate travel documents to and accepted every alien listed in a report that they have refused. If a country listed in the report receives any money from the United States in foreign aid, the United States will discontinue all such aid. This sanction will apply to the country until another report is submitted to Congress or the Secretary of Homeland Security otherwise certifies that the country no longer meets the requirements to be listed in the report, and the country has issued appropriate travel documents to and accepted every alien listed in a report that they have refused. . If any of the provisions of this Act is held to be invalid for any reason, the remainder of the Act shall not be affected by such holding.
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