To require the Attorney General to defer deportation of aliens alleged to have committed an aggravated felony until completion of judicial proceedings and any term of imprisonment.

Directs the Attorney General to defer deportation of an alien pending disposition of aggravated felony charges and any term of imprisonment.

Provides, upon State request, for the temporary Federal custody of such an alien.

 
HR 3479 IH
101st CONGRESS
1st Session
 H. R. 3479
To require the Attorney General to defer deportation of aliens alleged to
have committed an aggravated felony until completion of judicial proceedings
and any term of imprisonment.
IN THE HOUSE OF REPRESENTATIVES
October 17, 1989
Mr. DONNELLY introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To require the Attorney General to defer deportation of aliens alleged to
have committed an aggravated felony until completion of judicial proceedings
and any term of imprisonment.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. DEFERRAL OF DEPORTATION OF ALIENS PENDING DISPOSITION OF AGGRAVATED
FELONY CHARGES.
  (a) GENERAL RULE- In the case of an alien who is deportable under section
  241(a) of the Immigration and Nationality Act and with respect to whom
  a charge of an aggravated felony (as defined in section 101(a)(43) of
  such Act) is brought, the Attorney General shall provide for deferral
  of initiation of any deportation proceedings against the alien until the
  completion of any judicial proceedings with respect to such a charge. If a
  term of imprisonment is imposed with respect to such a charge, the Attorney
  General shall initiate such proceedings at such time as will insure the
  deportation of the alien upon the completion of such term of imprisonment.
  (b) TEMPORARY FEDERAL CUSTODY OF DEPORTABLE ALIENS REQUIRED IN CERTAIN
  CASES- The Attorney General shall approve the request of a State to take
  temporary custody of an alien who is deportable under section 241(a) of
  the Immigration and Nationality Act and with respect to whom a charge of an
  aggravated felony is brought. Such alien shall be held without bail until
  the completion of expedited judicial proceedings if, in the opinion of the
  State making such a request of the Attorney General, it appears likely that
  such alien poses a danger to themselves, to the community; or if it appears
  likely that such alien will flee the jurisdiction in which charges are
  brought (within the meaning of 18 U.S.C. 3142). Nothing in this subsection
  or in subsection (a) shall be construed as denying such alien a speedy trial.
  (c) EFFECTIVE DATE- Subsections (a) and (b) shall apply to charges brought
  after October 17, 1989.