Removal of Terrorist Criminal Aliens Act of 2003 - Amends the Immigration and Nationality Act to establish procedures for the expedited removal of a terrorist criminal alien, and authorizes the Secretary of Homeland Security to issue a final order of removal under such provisions. Limits judicial review respecting such an order, action, or decision. Makes such an alien ineligible for certain discretionary relief from removal.
Revises provisions respecting countries to which an alien may be removed.
Includes among the classes of deportable aliens a non-permanent resident alien who poses a danger or national security threat to the United States.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3106 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 3106
To strengthen the law enabling the United States to expeditiously
remove terrorist criminals, to add flexibility with respect to the
places to which aliens may be removed, to give sufficient authority to
the Secretary of Homeland Security and the Attorney General to remove
aliens who pose a danger to national security, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 17, 2003
Mr. Smith of Texas (for himself, Mr. Forbes, Mr. King of Iowa, Mr.
Feeney, Mr. Carter, Mr. Gallegly, Mr. Goodlatte, Mrs. Blackburn, Mr.
Bartlett of Maryland, Mr. Jenkins, and Ms. Hart) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To strengthen the law enabling the United States to expeditiously
remove terrorist criminals, to add flexibility with respect to the
places to which aliens may be removed, to give sufficient authority to
the Secretary of Homeland Security and the Attorney General to remove
aliens who pose a danger to national security, 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. SHORT TITLE.
This Act may be cited as the ``Removal of Terrorist Criminal Aliens
Act of 2003''.
SEC. 2. EXPEDITED REMOVAL OF TERRORIST CRIMINAL ALIENS.
(a) In General.--Title II of the Immigration and Nationality Act (8
U.S.C. 1151 et seq.) is amended by inserting after section 238 the
following:
``SEC. 238A. EXPEDITED REMOVAL OF TERRORIST CRIMINAL ALIENS.
``(a) In General.--The Secretary of Homeland Security, in such
Secretary's discretion, may in the case of an alien described in
subsection (b), determine whether such alien is deportable and issue a
final order of removal pursuant to the procedures set forth in this
section.
``(b) Aliens Described.--An alien is described in this subsection
if--
``(1) the alien, whether or not admitted into the United
States, was convicted of any criminal offense described in
paragraph (2), (3)(B), or (6) of section 237(a) (without regard
to the date of the commission of the offense); and
``(2) the Secretary of Homeland Security, in such
Secretary's discretion and in consultation with appropriate
heads of agencies of the executive branch, certifies that the
alien is engaged in any activity that endangers the national
security of the United States.
``(c) Execution of Order.--
``(1) In general.--The Secretary of Homeland Security, in
such Secretary's discretion, may at any time execute any order
described in subsection (a), except--
``(A) during the 14-day period commencing after the
date on which such order is issued, in order that the
alien has an opportunity to apply for judicial review
under section 242, unless this subparagraph is waived
by the alien; or
``(B) if the removal has been stayed under section
242(f)(2).
``(2) Review.--Notwithstanding any other provision of law,
including section 2241 of title 28, United States Code, no
court other than a court of appeals pursuant to its
jurisdiction under section 242 of this Act shall have
jurisdiction to review or set aside any order, action, or
decision taken or issued pursuant to this section. Review in
the court of appeals shall be limited to determining whether
the petitioner is--
``(A) an alien; and
``(B) subject to a final judgment of conviction for
an offense described in paragraph (2), (3)(B), or (6)
of section 237(a).
``(d) Regulations.--Proceedings before the Secretary of Homeland
Security under this section shall be in accordance with such
regulations as such Secretary shall prescribe. Such regulations shall
provide that--
``(1) the alien shall be given reasonable notice of the
grounds for removal alleged and of the opportunity described in
paragraph (3);
``(2) the alien shall have the privilege of being
represented (at no expense to the Government) by such counsel,
authorized to practice in such proceedings, as the alien shall
choose;
``(3) the alien shall have a reasonable opportunity to
inspect the evidence and rebut the charges that the alien is
subject to a final judgment of conviction for an offense
described in paragraph (2), (3)(B), or (6) of section 237(a);
``(4) a determination shall be made on the record that the
individual upon whom the notice for the proceeding under this
section is served (either in person or by mail) is, in fact,
the alien named in such notice;
``(5) a record shall be maintained for judicial review; and
``(6) the final order of removal may not be adjudicated by
the same person who issues the charges.
``(e) Eligibility for Certain Relief.--No alien described in
subsection (b), regardless of whether the alien is subject to
procedures under this section or to proceedings under section 240,
shall be eligible for withholding under section 241(b)(3) or for any
discretionary relief from removal under the immigration laws of the
United States.''.
(b) Clerical Amendment.--The table of contents for the Immigration
and Nationality Act is amended by inserting after the item relating to
section 238 the following:
``238A. Expedited removal of terrorist criminal aliens.''.
SEC. 3. ADDITIONAL REMOVAL AUTHORITIES.
(a) In General.--Section 241(b) of the Immigration and Nationality
Act (8 U.S.C. 1231(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``Attorney General'' each place
such term appears and inserting ``Secretary of Homeland
Security'';
(B) in each of subparagraphs (A) and (B), by
striking the period at the end and inserting ``unless,
in the opinion of the Secretary of Homeland Security,
removing the alien to such country would be prejudicial
to the United States.''; and
(C) by amending subparagraph (C) to read as
follows:
``(C) Alternative countries.--If the alien is not
removed to a country designated in subparagraph (A) or
(B), the Secretary of Homeland Security may, in such
Secretary's discretion, remove the alien to--
``(i) the country of which the alien is a
citizen, subject, or national, unless the
country prevents the alien from entering the
country upon the alien's removal there; or
``(ii) any country whose government will
accept the alien into that country.''; and
(2) in paragraph (2)--
(A) by striking ``Attorney General'' each place
such term appears and inserting ``Secretary of Homeland
Security'';
(B) by amending subparagraph (D) to read as
follows:
``(D) Alternative countries.--If the alien is not
removed to a country designated under subparagraph
(A)(i), the Secretary of Homeland Security may, in such
Secretary's discretion, remove the alien to a country
of which the alien is a subject, national, or citizen,
unless--
``(i) the country prevents the alien from
entering the country upon the alien's removal
there; or
``(ii) in the opinion of the Secretary of
Homeland Security, removing the alien to the
country would be prejudicial to the United
States.''; and
(C) by amending subparagraph (E)(vii) to read as
follows:
``(vii) Any country whose government will
accept the alien into that country.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
any deportation, exclusion, or removal on or after such date pursuant
to any deportation, exclusion, or removal order, regardless of whether
such order is administratively final before, on, or after such date.
SEC. 4. REMOVAL OF ALIENS POSING A DANGER TO NATIONAL SECURITY.
Section 237(a)(4) of the Immigration and Nationality Act (8 U.S.C.
1227(a)(4)) is amended by adding at the end the following:
``(E) National security.--
``(i) Aliens other than lawful permanent
residents.--An alien, other than an alien
lawfully admitted for permanent residence,
whose presence or activities in the United
States the Attorney General or the Secretary of
Homeland Security has reason to believe poses
or pose a danger to the national security of
the United States (as defined in section
219(c)(2)), is deportable.
``(ii) Delegation.--Delegation by the
Attorney General and the Secretary of Homeland
Security of authority to make determinations
for the purpose of establishing deportability
under this subparagraph shall be limited to the
Deputy Attorney General and the Deputy
Secretary of Homeland Security, respectively.
``(iii) Best available information.--In
making determinations for the purpose of
establishing whether an alien is deportable
under this subparagraph, the Attorney General
or the Deputy Attorney General, and the
Secretary of Homeland Security or Deputy
Secretary of Homeland Security, may take into
account the best available information from the
intelligence community, including confidential
or national security information, and shall
consult with appropriate heads of agencies of
the executive branch.
``(iv) Judicial review.--A determination
made under this subparagraph shall be affirmed
if challenged in Federal court where a facially
legitimate and bona fide reason in support of
the determination is provided.
``(v) Relief and withholding.--An alien who
is deportable under this subparagraph shall not
be eligible for any discretionary relief from
removal or for withholding of removal under
section 241(b)(3). Notwithstanding any other
provision of law, including section 2241 of
title 28, United States Code, no court shall
have jurisdiction to review a denial of relief
or withholding made pursuant to this clause.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration, Border Security, and Claims.
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