Sec. 6. Mandatory detention and expedited removal
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Section 235 of the Immigration and Nationality Act ( 8 U.S.C. 1225 ), is amended— by redesignating subsection
(d)as subsection (e); and by inserting after subsection
(c)the following: If an immigration officer or an immigration judge suspects that an arriving alien or an applicant for admission may be inadmissible under section 212(a)(2)(F), the officer or judge shall— order the alien removed, subject to review under paragraph (2); report the order of removal to the Secretary of State, the Attorney General, or a designee of the Secretary or Attorney General; and refrain from conducting any further inquiry or hearing with respect to such alien until ordered to do so by the Secretary, the Attorney General, or a designated senior official. The Secretary of Homeland Security, the Attorney General, or a designee of the Secretary or Attorney General shall review each order issued pursuant to paragraph (1)(A). If the Secretary, the Attorney General, or a designee determines that the alien who is the subject of such order is inadmissible under section 212(a)(2)(F), the Secretary or the Attorney General may order the alien removed without further inquiry or hearing. If the Secretary or the Attorney General does not order the removal of the alien pursuant to subparagraph (B), the Secretary, the Attorney General, or a designee may determine the scope of further administrative inquiry or hearing that may be conducted with respect to such alien. Each alien who is the subject of a removal order under this subsection, or the alien’s representative, may submit a written statement and additional information for consideration by the Secretary of Homeland Security, the Attorney General, or a designee of the Secretary or the Attorney General. . Section 236(c)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1226(c)(1)(B) ), is amended by striking offense covered in section 237(a)(2)(A)(ii), (A)(iii), (B), (C), or (D), and inserting described in subparagraph (A)(ii), (A)(iii), (A)(vi), (B), (C), or
(D)of section 237(a)(2); . Section 238 of the Immigration and Nationality Act ( 8 U.S.C. 1228 ) is amended— in subsection (a)— in paragraph (1), by striking any criminal offense covered in section 241(a)(2)(A)(iii), (B), (C), or (D), or any offense covered by section 241(a)(2)(A)(ii) for which both predicate offenses are, without regard to the date of their commission, otherwise covered by section 241(a)(2)(A)(i) and inserting any criminal offense described in subparagraph (A)(iii), (A)(vi), (B), (C), or
(D)of section 237, or any offense described in section 237(a)(2)(A)(ii) for which both predicate offenses are, without regard to the date of their commission, otherwise described in section 237(a)(2)(A)(i) ; and in paragraph (2), by inserting , or an alien who has been permanently debarred as a child care provider, based on a final determination of fraud, under section 658I(b)(3)(B) of the Child Care and Development Block Grant Act of 1990 ( after 42 U.S.C. 9858g(b)(3)(B) ), aggravated felony ; in subsection (b), by inserting or under section 237(a)(2)(A)(vi) (relating to a conviction for child-care provider fraud) after aggravated felony) ; and by redesignating the second subsection
(c)(previously so designated by section 671(b)(13) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 )) as subsection (d).
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- Pub. L. 104-208
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Sec. 6
Mandatory detention and expedited removal
Pub. L.Pub. L. 104-208
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